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7 August 2014
Fayetteville Man Convicted on Narcotics Distribution and Weapons ChargesRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced today that MARCUS DORRELL BYRD, 43, of Fayetteville, North Carolina, was convicted by a federal jury on all 5 counts contained in the indictment dated September 18, 2012. Charges consisted of drug and firearms offenses including conspiracy to distribute in excess of 5 kilograms of cocaine, distribution of cocaine, possession of a firearm during a drug trafficking crime, and possession of a firearm by a convicted felon.
During the four day trial, the government presented evidence that between on or about 2009, through on or about June 24, 2011, BYRD conspiredwith others in the Fayetteville area to distribute in excess of 30 kilograms of cocaine. Further, evidence was also presented of several controlled sales of cocaine by the defendant to a confidential informant. During a search of BYRD’s apartment by law enforcement, officers found him in possession of a loaded 9mm handgun, over $15,000 in US currency, a cocaine press, and several digital scales. Due to prior federal drug, rioting, and firearms convictions, BYRD faces a mandatory life sentence plus 25 years to run consecutively at sentencing.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fayetteville Police Department. Assistant United States Attorneys Ethan A. Ontjes and Carrie Randa prosecuted the case for the government.
Faulkton Man Charged with Possession of Ammunition by A Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that a Faulkton, South Dakota, man has been indicted by a federal grand jury for three counts of Possession of Ammunition by a Prohibited Person.
Frank Facinelli, age 43, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 1, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, at least 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Facinelli's alleged possession of ammunition following multiple felony convictions. The charges are merely an accusation and Facinelli is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Facinelli was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
El Departamento de Justicia Resuelve un Reclamo sobre Discriminación en base de Estatus de Ciudadanía en contra de Travel Management CompanyRead the Press Release
El Departamento de Justicia llegó a un acuerdo hoy con Travel Management Company, una empresa de alquiler de aviones privados con sede en Elkhart, Indiana, en el cual se resuelven los reclamos de que la empresa discriminó por causa del estatus de ciudadanía de sus empleados en violación de la Ley de Inmigración y Nacionalidad (INA por sus siglas en inglés).
Según la INA, los empleadores no pueden discriminar en las contrataciones por causa de la ciudadanía del solicitante a menos que lo requiera la ley, un reglamento, una orden ejecutiva o un contrato con el gobierno. Sin embargo, la investigación del departamento reveló que Travel Management Company requería ciudadanía estadounidense en sus anuncios de trabajo para puestos de piloto comercial, a pesar de que ninguna ley, reglamento, orden ejecutiva o contrato gubernamental autoriza a la empresa a restringir el empleo de esta manera. La investigación determinó, además, que los ciudadanos no estadounidenses quienes solicitaron la posición no fueron considerados por causa de su estatus de ciudadanía.
Bajo el acuerdo, Travel Management Company pagará $22,000 en sanciones civiles a los Estados Unidos. La compañía también acordó cambiar sus procedimientos de contratación y selección de personal, capacitar a su personal de recursos humanos para garantizar el cumplimiento de la INA y someterse a los requisitos de informaciόn por un período de dos años.
"Los empleadores deben dar a todos los candidatos elegibles oportunidades iguales para competir por el empleo y no pueden erigir barreras discriminatorias ilegales para trabajar," dijo Molly Moran, Subprocuradora General Interina para la División de Derechos Civiles. "El Departamento está comprometido a garantizar que los empleadores no discriminen ilegalmente en contra de ciudadanos estadounidenses u otras personas autorizadas a trabajar en base a su estatus de ciudadanía."
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas con Inmigración (OSC por sus siglas en inglés) es la oficina responsable por hacer cumplir con la provisión anti-discriminación de la INA. La ley prohíbe, entre otras cosas, discriminación basada en estatus de ciudadanía o en origen nacional en la contratación, el despido, o el reclutamiento o la referencia por comisiόn, las prácticas injustas de documentación, y represalia e intimidación.
Para obtener más información acerca de la protección contra la discriminación en el empleo según las leyes de inmigración, o para registrarse para un seminario sin costo ofrecido a través del Internet, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 1-800-237-2515, TTY (para personas con problemas de audición); llame a la línea directa de la OSC para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con problemas de audición); o visite el sitio web de la OSC en www.justice.gov/crt/about/osc.
Solicitantes o trabajadores que creen que fueron sometidos a: (1) requisitos diferentes de documentación o discriminación por causa de su estatus de ciudadanía, estatus migratorio o su origen nacional; o (2) discriminación por causa de su estatus de ciudadanía, estatus migratorio o el origen nacional en la contratación, el despido o el reclutamiento o referencia por comisiόn, deben comunicarse a la línea del trabajador de la OSC para obtener ayuda.
Eagle Butte Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 29, 2014, by U.S. District Judge Roberto A. Lange.
Denver Spotted Horse, age 31, was sentenced to 24 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Spotted Horse was indicted for Failure to Register as a Sex Offender by a federal grand jury on March 11, 2014. He pled guilty to the Indictment on May 12, 2014.
Spotted Horse had a prior sexual assault conviction in Minnesota and knew that under the Sex Offender Registration and Notification Act he needed to register his new address if he moved into, entered, or resided in Indian country. Between July 1, 2013, and March 11, 2014, Spotted Horse was living near Eagle Butte on the Cheyenne River Sioux Indian Reservation and he knowingly failed to register and update his registration.
This case was investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Service. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Spotted Horse was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Disbarred Attorney Sentenced to Prison for Her Role in $28.3 Million Medicare Fraud SchemeRead the Press Release
A disbarred Florida attorney was sentenced in federal court in Tampa, Florida today to serve 70 months in prison in connection with her role in a $28.3 million Medicare fraud scheme involving false claims for physical and occupational therapy services.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III for the Middle District of Florida, Acting Special Agent in Charge Reginald France of the Health and Human Services Office of Inspector General (HHS-OIG) region including all of Florida and Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office made the announcement. The sentence was imposed by U.S. District Judge Susan C. Bucklew of the Middle District of Florida.
Margarita Grishkoff, 60, of Charlotte, North Carolina, formerly of southwest Florida, pleaded guilty on Jan. 24, 2014, to conspiracy to commit health care fraud. In addition to serving a prison term of 70 months, Grishkoff was sentenced to serve three years of supervised release and ordered to pay $14,424,856 in restitution, jointly and severally with her co-conspirators.
Grishkoff admitted as part of her guilty plea that she and her co-conspirators submitted approximately $28.3 million in fraudulent reimbursement claims to Medicare through physical therapy clinics throughout Florida from 2005 through 2009. Medicare paid approximately $14.4 million on those claims.
According to court documents, Grishkoff, a former attorney who was disbarred in Florida in 1997, was vice president and director for a Delaware holding company known as Ulysses Acquisitions Inc. Through Ulysses Acquisitions, Grishkoff purchased comprehensive outpatient rehabilitation facilities and outpatient physical therapy providers, including West Coast Rehab Inc. in Fort Myers, Florida; Rehab Dynamics Inc. in Venice, Florida; Polk Rehabilitation Inc. in Lake Wales, Florida and Renew Therapy Center of Port St. Lucie LLC in Port St. Lucie, Florida, to gain control of these clinics’ Medicare provider numbers.
Grishkoff and her co-conspirators paid kickbacks to patient recruiters and clinic owners to obtain identifying information of Medicare beneficiaries and physicians. Grishkoff and her co-conspirators then used this information to create and submit false claims to Medicare through the clinics Ulysses Acquisitions purchased. These claims sought reimbursement for therapy services that were not legitimately prescribed and not actually provided.
Also according to court documents, Grishkoff and her co-conspirators used the clinics they controlled to submit false reimbursement claims to Medicare on behalf of clinics owned by others, in exchange for a percentage of the Medicare reimbursement received. These Miami-based therapy clinics included Hallandale Rehabilitation Inc., Tropical Physical Therapy Corporation, American Wellness Centers Inc. and West Regional Center Inc. Grishkoff and her co-conspirators kept approximately 20 percent of the money Medicare paid on these claims and paid the other 80 percent of the fraud proceeds to the co-conspirator clinic owners.
Grishkoff further admitted that after falsely billing Medicare through Ulysses Acquisitions, and in order to disassociate herself from the clinics, Grishkoff and her co-conspirators arranged sham sales of the clinics to nominee or straw owners, all of whom were recent immigrants to the United States with no background or experience in the health care industry.
The case is being investigated by HHS-OIG and the FBI and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida. The case is being prosecuted by Trial Attorneys Christopher J. Hunter and Andrew H. Warren of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Simon A. Gaugush of the Middle District of Florida.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 1,900 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: www.stopmedicarefraud.gov .Desperado's Co-owner, 5 Employees Sentenced for Racketeering Conspiracy and Drug ChargesRead the Press Release
LAFAYETTE, La. –A co-owner and five employees of the now closed Desperado’s Cabaret in Carencro, La., were sentenced for racketeering and drug sales that took place on the premises, U.S. Attorney Stephanie A. Finley announced today.
Dipak Vora, 70, of Baton Rouge, a former co-owner of Desperado’s, was sentenced by U.S. District Judge Elizabeth E. Foote to 10 months in prison, one year of supervised release and a $10,000 fine for one count of interstate and foreign travel or transportation in aid of racketeering. As part of the plea agreement, Vora agreed to forfeit approximately $514,000 of illegal proceeds and to forfeit the Desperado’s property. At the sentencing hearing, the Court noted that Vora knew for an extended period of time that Desperado’s promoted prostitution between its employees and customers.
Foote also sentenced Gerald Cormier, 44, of Carencro, to 29 months in prison and one year of supervised release on his conviction for distribution of cocaine. Cormier brought cocaine into Desperado’s on a regular basis and redistributed the cocaine to employees and customers.
The following former Desperado’s employees were also sentenced for one count of conspiracy to maintain drug involved premises and distribution of controlled substances:
- Elias “E.J.” White, 53, of Lafayette, was sentenced to 54 months of probation;
- Heike Slattery, 42, of Carencro, was sentenced to two years of probation;
- Crystal Sampy, 32, of Lafayette, was sentenced to three years of probation and a $1,000 fine.
- Lydia “Unique” Gauthreaux, 32, of Crowley, was sentenced to three years of probation and a $1,000 fine.
Desperado’s primary business owner, James Panos, 56, of Broussard, La., was indicted on May 8, 2013 in a superseding indictment along with his wife Jennifer Panos, 48, and eight other defendants. The indictment alleges racketeering conspiracy, drug conspiracy, and firearms charges. The charges are the result of an investigation of drug trafficking, drug distribution, prostitution, and other illegal activity that took place at Desperado’s Cabaret.
James and Jennifer Panos pleaded guilty on April 3, 2014, to a racketeering conspiracy, Count 1 of the Superseding Indictment. Acquila Shanete Latigue, 28, of Lafayette, pleaded guilty on March 20, 2014; and Tanja Clavier, 29, of Church Point, La., pleaded guilty on May 29, 2014 to one count of conspiracy to maintain drug involved premises and distribution of controlled substances. James and Jennifer Panos, Clavier and Latigue are scheduled to be sentenced on November 14, 2014. The racketeering conspiracy charge carries penalties of up to 20 years in prison, three years of supervised release, and a fine of not more than twice the gross profits.
The DEA, FBI, U.S. Department of Homeland Security Investigations, Louisiana State Police and Lafayette Metro Narcotics investigated the case. Assistant U.S. Attorney Myers P. Namie is prosecuting the case.
Defendant Sentenced for Aggravated Assault in Federal PrisonRead the Press Release
PANAMA CITY, FLORIDA – Daniel Victor Smith, previously an inmate at the Federal Correctional Institution in Marianna, Florida, was sentenced to 120 months in federal prison on Wednesday, August 6, 2014, by United States District Judge Richard Smoak for aggravated assault with a dangerous weapon and aggravated assault resulting in serious bodily injury.
Earlier this year, a Panama City jury found Smith guilty of these charges after the government showed that Smith used a padlock tied inside of a tube sock to strike another inmate in the head repeatedly, which caused a hemorrhage to the frontal lobe of the inmate’s brain.
At the time of the assault, Smith, who claims to be a member of a prominent gang, was serving a 200 month sentence for second degree murder after he stabbed a man in the neck in Washington, D.C. in 2002. Smith’s sentence of 120 months in federal prison is in addition to the sentence he is serving for the 2002 murder.
The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Jason Beaton.
Criminal Immigration Charges Brought Against Nine Illegal AliensRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigrations and Customs Enforcement, announced that charges were brought yesterday against the following:
Anicteo Baltazar-Uribe, age 20, a native and citizen of Mexico, was charged in a one-count indictment by a federal grand jury in Harrisburg. The indictment alleges that Baltazar-Uribe, previously arrested and deported from the United States in September 2012, knowingly and unlawfully reentered the United States and was apprehended in Cumberland County, Pennsylvania.
If convicted, Baltazar-Uribe faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
Luis Seba-Polito, age 27, a native and citizen of Mexico, was charged in a one-count indictment by a federal grand jury in Harrisburg. The indictment alleges that on or before July 25, 2014, Seba-Polito used or attempted to use a fraudulent lawful permanent resident card during an encounter with immigration officials in Adams County, Pennsylvania.
If convicted, Seba-Polito faces a maximum sentence of up to ten years’ imprisonment and a $250,000 fine.
Jose Aguilar-Cruz, age 43, a native and citizen of Honduras, was charged in a one-count indictment by a federal grand jury in Harrisburg today. The indictment alleges that Aguilar-Cruz, previously arrested and deported from the United States in June 2013, did knowingly and unlawfully reenter the United States and was apprehended in Cumberland County, Pennsylvania.
If convicted, Aguilar-Cruz faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
Oscar Gonzalez-Herrera, age 26, a native and citizen of Mexico, was charged in a one-count indictment by a federal grand jury in Harrisburg. The indictment alleges that on or before July 15, 2014, Gonzalez-Herrera knowingly possessed, used, or attempted to use a fraudulent lawful permanent resident card during an encounter with immigration officials in York, York County, Pennsylvania.
If convicted, Gonzalez-Herrera faces a maximum sentence of up to ten years’ imprisonment and a $250,000 fine.
Jose Baltazar-Uribe, age 29, a native and citizen of Mexico, was charged in a one-count information filed with the Court in Harrisburg. The information alleges that Baltazar-Uribe, entered the United States at any time or place other than as designated by immigration officers and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Baltazar-Uribe faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
Manuel Angel Acevedo-Sola, age 47, a native and citizen of Guatemala, was charged in a one-count information filed with the Court in Harrisburg. The information alleges that Acevedo-Sola, entered the United States at a time or place other than as designated by immigration officers and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Acevedo-Sola faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
Pedro Reyes-Soto, age 46, a native and citizen of Honduras, was charged in a one-count information filed with the Court in Harrisburg. The information alleges that Reyes-Soto, entered the United States at a time or place other than as designated by immigration officers and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Reyes-Soto faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
Armando Hernandez-Montiel, age 36, a native and citizen of Mexico, was charged in a one-count information filed with the Court in Harrisburg. The information alleges that Hernandez-Montiel, entered the United States at a time or place other than as designated by immigration officers and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Hernandez-Montiel faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
Jacinto Gabriel-Lopez, age 27, a native and citizen of Mexico, was charged in a one-count information filed with the Court in Harrisburg. The information alleges that Gabriel-Lopez, entered the United States at a time or place other than as designated by immigration officers and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Gabriel-Lopez faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
These cases were investigated by the U.S. Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO) and are being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.
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 offenses are not an accurate indicator of the potential sentence for a specific defendant.
Construction Company Owner Sentenced for Fraud Conspiracy in Connection with Renovation of McCormack Federal BuildingRead the Press Release
BOSTON - Two men pleaded guilty yesterday to conspiring to defraud the government in connection with the renovation of the John W. McCormack Post Office and Courthouse in Boston.
Wael Isreb, 55, of Wrentham, was sentenced by U.S. District Court Judge George A. O’Toole, Jr., to four years of probation, including 18 months of home confinement, and ordered to pay $164,627 in restitution. In March 2014, Isreb and his co-defendant, Aluisio Dasilva, 67, of Hudson, Mass., each pleaded guilty to conspiracy to commit mail fraud and false statements.
Isreb was the owner of Taunton Forms, a now-defunct concrete construction company based in Lakeville, Mass. In September 2006, the General Services Administration retained Suffolk Construction Company as the general contractor to renovate the McCormack Building. Suffolk Construction, in turn, retained Taunton Forms as a subcontractor to perform certain concrete work on that project. Suffolk Construction ultimately paid Taunton Forms in excess of $1 million for its work.
Federal law requires that contractors on federal projects over $2,000 pay workers a prevailing wage, and that they submit weekly reports certifying the wages they paid their employees. Beginning in about December 2007, however, Isreb conspired with Dasilva and others to pay Taunton Forms workers less than the prevailing wage while certifying to Suffolk Construction, the GSA, and the United States Department of Labor (DOL) that Taunton Forms was, in fact, paying the prevailing wage.
As part of the conspiracy, the defendants agreed to report, falsely, to the Massachusetts Department of Unemployment Assistance (DUA) that the Taunton Forms workers had been laid off. That permitted the workers to offset their lower wages with unemployment benefits while they worked on the McCormack Building and other projects. The conspiracy also permitted Isreb to avoid making fringe benefit payments to certain labor union benefit plans that Taunton Forms was required to pay pursuant to its applicable collective bargaining agreements. Isreb also failed to withhold applicable payroll taxes.
United States Attorney Carmen M. Ortiz; Cheryl Garcia, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Labor Racketeering & Fraud Investigations, New York Regional Office; Luis A. Hernandez, Special Agent in Charge of the U.S. General Services Administration, Office of Inspector General, Office of Investigations; Susan A. Hensley, Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston. The case is being prosecuted by Assistant United States Attorney Stephen E. Frank of Ortiz’s Economic Crimes Unit.
Columbus Home Health Operator Sentenced for FraudRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS – The owner of Columbus-based Janis Home Health Care, Eric Isakov, 45, was sentenced to 42 months in prison, followed by two years of supervised release, and ordered to pay restitution of $900,000 for defrauding the Medicare and Medicaid programs by paying kickbacks in the form of gift cards and videogame systems to people who would sign up with his company, and paying senior living centers for referrals.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI), Lamont Pugh III, Special Agent in Charge, U.S. Department of Health and Human Services Office of Inspector General, and Ohio Attorney General Mike DeWine announced the sentence handed down today by U.S. District Judge Edmund A. Sargus Jr.
Isakov pleaded guilty on February 6, 2014 to one count of health care fraud.
According to testimony at the plea hearing, Isakov paid people to sign up with Janis then billed Medicare for services the company provided to them between January 2010 and March 2013. Isakov also paid patients’ uncovered costs for durable medical equipment such as walkers, rollers and canes, and paid monthly emergency monitoring services for several patients in return for their agreement to allow Janis to provide home health services.
Isakov also paid $30,000 in kickbacks in the form of gift cards and cash to service coordinators of senior living facilities and employees of physician groups in exchange for the referral of residents/patients to Janis for home health care services.
Medicare and Medicaid rules prohibit service providers from paying for referrals or providing kickbacks because such practices could encourage people to sign up for unnecessary health care services.
Separately, Isakov agreed to pay $1.8 million to the United States to settle civil fraud claims. He also agreed to surrender all medical and other state and federal licenses allowing him to practice in any health care and terminate his status as a provider for Medicare and Medicaid. The Ohio Occupational Therapy, Physical Therapy and Athletic Trainers Board also revoked Isakov’s physical therapist license.
Stewart commended Assistant United States Attorney Ken Affeldt and Special Assistant U.S. Attorney Constance Nearhood with Ohio Attorney General DeWine’s Office who represented the United States in the criminal case, Assistant U.S. Attorney Andrew Malek who represented the United States in the civil case, the cooperative investigation conducted by FBI agents, Health and Human Services Inspector General agents, and agents in Attorney General DeWine’s Medicaid Fraud Control Unit, and the licensing actions taken by the Physical Therapy Board.
Ohioans can report suspected Medicaid fraud to Attorney General DeWine's office by calling 1-800-282-0515 or visiting www.OhioAttorneyGeneral.gov.
Individuals or health care company employees who suspect fraud against government health insurance programs can also report them anonymously online at www.stopmedicarefraud.gov, or by calling 1-800-HHS-TIPS (800-447-8477).Co-Owner of Atlanta-Based Medical Clinic Chain and Hospital CEO Pleaded Guilty to Illegal Pay-for-Patient ConspiracyRead the Press Release
A CEO of an Atlanta-area hospital and the co-owner and chief operating officer of an Atlanta-based medical clinic chain pleaded guilty in connection with the payment of illegal kickbacks to clinics in exchange for Medicaid patient referrals to hospitals in the Atlanta area and on Hilton Head Island, South Carolina.
Principal Deputy Assistant Attorney General Marshall L. Miller of the Justice Department’s Criminal Division, U.S. Attorney Sally Quillian Yates of the Northern District of Georgia, Special Agent in Charge Derrick Jackson of the Atlanta Region of the Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Director in Charge J. Britt Johnson of the FBI’s Atlanta Field Office made the announcement. The guilty pleas were entered by U.S. District Judge Amy Totenberg of the Northern District of Georgia.
“These medical executives enriched themselves by using uninsured pregnant women and newborn babies as commodities, whose health care could be bought and sold for kickbacks and bribes,” said Principal Deputy Assistant Attorney General Miller. “Unlawful payments for patient referrals can lead to increased Medicaid costs, corrupt medical decision-making, overutilization of medical services, and unfair competition – and most importantly, insufficient or inadequate care for patients. The Justice Department is committed to investigating and prosecuting those who illegally pay for patients.”
“Our federal health care programs depend on providers exercising independent judgment in the best interests of patients,” said U.S. Attorney Sally Quillian Yates. “These illegal referral arrangements resulted in women being steered to deliver their babies at hospitals on the basis of Clinica’s and the hospitals’ financial self-interest, regardless of whether it was in the women’s best interest.”
“It is outrageous that health care providers would scheme to refer uninsured mothers about to deliver their babies to hospitals based on a kickback agreement designed to boost profits rather than based on who would provide the best health care to the mothers and newborns,” said Special Agent in Charge Jackson. “Our agency is dedicated to unearthing such corrosive and illegal kickback schemes, which undermine the public’s trust in the medical profession,"
“Today’s guilty pleas will hold two individuals who were in positions of trust and authority accountable for their participation in a criminal scheme in which decisions on patient care were driven by illegal monetary gain instead of the patients’ best interest,” said Special Agent in Charge Johnson. “The FBI will continue to partner with HHS-OIG and the Department of Justice to ensure that the many facets of the health care industry operate as intended and are free from those who seek opportunity to illegally profit by manipulating federal programs designed to aid those in need.”
Tracey Cota, 50, pleaded guilty on Aug. 6, 2014, and Gary Lang, 58, pleaded guilty on Aug. 7, 2014. Both pleaded guilty to conspiracy to violate the Anti-Kickback Statute by paying and receiving illegal remuneration in exchange for Medicaid patient referrals to hospitals in the Atlanta area and on Hilton Head Island.
According to the charges and other information presented in court, Lang was the Chief Executive Officer of an Atlanta-area hospital that was enrolled as a provider in the Georgia Medicaid program. Cota was the co-owner and chief operating officer of Hispanic Medical Management, Inc. dba Clinica de la Mama (Clinica), a Georgia corporation that operated several medical clinics in the Atlanta area and on Hilton Head Island. These clinics specialized in providing prenatal care services to primarily undocumented Hispanic women. The women typically did not have medical insurance, and they were ineligible for Medicaid because of their immigration status. Georgia and South Carolina Medicaid, however, covered and paid certain costs associated with the women’s labor and delivery and the care of their newborns at hospitals, as well as the professional fees of the physicians providing labor and delivery services.
Between July 2000 and July 2012, Cota conspired with Lang and other executives from Atlanta-area hospitals and from a hospital on Hilton Head Island to pay kickbacks to Clinica for the referral of Clinica’s patients to the hospitals. The hospitals disguised the kickbacks using contracts with Clinica to provide certain services, including translation services and Medicaid eligibility determination services, but the true purpose of the arrangements was to pay Clinica for patient referrals. These referrals ultimately resulted in Medicaid reimbursements of over $100 million to the hospitals.
Cota and Lang were charged in separate criminal informations on June 28, 2014. Both are scheduled for sentencing on Jan. 15, 2015.
This case is being investigated by the FBI and HHS-OIG. The case was prosecuted by Assistant Chiefs Benton Curtis and Robert Zink of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Sally B. Molloy of the Northern District of Georgia.Chicago Man Sentenced in New Jersey to 63 Months in Prison for Stealing More Than $1 Million Worth of Iphones and IpadsRead the Press Release
NEWARK, N.J. - A Chicago man was sentenced today to 63 months in prison for stealing more than $1 million worth of iPhones and iPads from Verizon Wireless by misappropriating corporate purchasing accounts and then diverting the shipments by bribing Federal Express drivers, U.S. Attorney Paul J. Fishman announced.
Stephen Gunn, 36, previously pleaded guilty before U.S. District Judge Claire C. Cecchi to an indictment charging him with one count of conspiracy to commit wire fraud. Judge Cecchi imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court: Gunn accessed the online accounts of dozens of Verizon’s customers, including several customers located in New Jersey, and used those accounts to place unauthorized orders for electronics products, primarily smart phones and accessories. He directed the fraudulently ordered products to be shipped to addresses in Texas, including several addresses that did not exist, via Federal Express.
At Gunn’s direction, two Federal Express drivers intercepted the shipments, removed the contents, and re-shipped the contents to addresses in Illinois provided by Gunn. In exchange, Gunn paid each of the drivers thousands of dollars. Gunn fraudulently obtained approximately 1,700 items – including several hundred Apple iPhones and iPads, Blackberry devices, and Motorola phones – worth more than $1 million.
In addition to the prison term, Judge Cecchi sentenced Gunn to serve three years of supervised release and pay $2,002,424.40 in restitution.
The two drivers who conspired with Gunn, Marion Samuel Perkins and George Greene Jr., were prosecuted by the U.S. Attorney’s Office for the Western District of Texas, pleaded guilty, and were sentenced to prison terms.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation.
The government is represented by Assistant U.S. Attorney Daniel V. Shapiro of the Computer Hacking and Intellectual Property Crimes Section of the U.S. Attorney’s Office Economic Crimes Unit in Newark.14-286
Defense counsel: Assistant Federal Public Defender David Holman Esq., NewarkChicago Man Sentenced in New Jersey to 63 Months in Prison for Stealing More Than $1 Million Worth of IPhones and IPadsRead the Press Release
NEWARK, N.J. - A Chicago man was sentenced today to 63 months in prison for stealing more than $1 million worth of iPhones and iPads from Verizon Wireless by misappropriating corporate purchasing accounts and then diverting the shipments by bribing Federal Express drivers, U.S. Attorney Paul J. Fishman announced.
Stephen Gunn, 36, previously pleaded guilty before U.S. District Judge Claire C. Cecchi to an indictment charging him with one count of conspiracy to commit wire fraud. Judge Cecchi imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court: Gunn accessed the online accounts of dozens of Verizon’s customers, including several customers located in New Jersey, and used those accounts to place unauthorized orders for electronics products, primarily smart phones and accessories. He directed the fraudulently ordered products to be shipped to addresses in Texas, including several addresses that did not exist, via Federal Express.
At Gunn’s direction, two Federal Express drivers intercepted the shipments, removed the contents, and re-shipped the contents to addresses in Illinois provided by Gunn. In exchange, Gunn paid each of the drivers thousands of dollars. Gunn fraudulently obtained approximately 1,700 items – including several hundred Apple iPhones and iPads, Blackberry devices, and Motorola phones – worth more than $1 million.
In addition to the prison term, Judge Cecchi sentenced Gunn to serve three years of supervised release and pay $2,002,424.40 in restitution.
The two drivers who conspired with Gunn, Marion Samuel Perkins and George Greene Jr., were prosecuted by the U.S. Attorney’s Office for the Western District of Texas, pleaded guilty, and were sentenced to prison terms.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation.
The government is represented by Assistant U.S. Attorney Daniel V. Shapiro of the Computer Hacking and Intellectual Property Crimes Section of the U.S. Attorney’s Office Economic Crimes Unit in Newark.14-286
Defense counsel: Assistant Federal Public Defender David Holman Esq., NewarkCarriere Man Found Guilty on Child Pornography ChargesRead the Press Release
Gulfport, Miss – James Allen Myers, 66, of Carriere, Mississippi, was found guilty following a three day trial in United States District Court to one count of transportation of child pornography and six counts of possession of child pornography, announced U.S. Attorney Gregory K. Davis and Special Agent in Charge Raymond R. Parmer of Homeland Security Investigations (HSI) in New Orleans.
Myers, who lived in North Port, Florida, until 2013 when he moved to Carriere, Mississippi, was found to be in possession of numerous computer hard drives, CDs, and other computer devices which contained over 20,000 images and videos of children engaging in sexually explicit conduct with adults. HSI agents examined the images and videos found on the electronic devices seized from Myers and were able to identify and locate three victims living in Florida who were depicted in the images found on Myers’ computers.
Myers will be sentenced on Tuesday, November 4, 2014, at 10:00 a.m., by Chief U.S. District Judge Louis Guirola. The maximum penalty for transportation of child pornography is 20 years in prison . The maximum penalty for each count of possession of child pornography is 10 years in prison.
This case was investigated by Homeland Security Investigation agents in both Mississippi and Florida. It was prosecuted by Assistant U.S. Attorneys Glenda Haynes and Andrea Jones.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.
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Help us combat the proliferation of sexual exploitation crimes against children.
Captain of Genovese Crime Family and Associate Charged in Manhattan Federal Court with RacketeeringRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, George Venizelos, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), James J. Hunt, the Acting Special Agent in Charge of the New York Field Division of the Drug Enforcement Agency, James T. Hayes, Jr., the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s (“ICE”) Homeland Security Investigations (“HSI”), Thomas Zugibe, the District Attorney of Rockland County, Joseph A. D'Amico, Superintendent of the New York State Police, and William J. Bratton, the Commissioner of the Police Department for the City of New York (“NYPD”) announced today the unsealing of an Indictment charging DANIEL PAGANO, an alleged Captain of the Genovese Organized Crime Family of La Cosa Nostra (the “Genovese Crime Family”), and MICHAEL PALAZZOLO, an associate of the Genovese Crime Family, with participating in a racketeering conspiracy by, among other crimes, committing extortion and loan sharking and operating an illegal gambling business. PAGANO was taken into custody today, and PALAZZOLO surrendered today. Both defendants were presented and arraigned in Manhattan federal court this afternoon before United States Magistrate Judge Sarah Netburn. U.S. District Judge Ronnie Abrams has been assigned to the case.
Manhattan U.S. Attorney Preet Bharara said: “Just as they have for decades, members of La Cosa Nostra – as alleged in this Indictment – continue to use muscle and intimidation to threaten and extort New Yorkers. Today’s arrests of a Captain and associate of the Genovese Crime Family should serve as a reminder to all members and associates of La Cosa Nostra that you do not operate with impunity. You may bully your way into financial gain but ultimately you will pay the price. I would like to thank all of our law enforcement partners who worked so hard on this case and in particular Rockland County District Attorney Thomas Zugibe, without whose support today’s arrests would not have been possible.”
FBI Assistant Director-in-Charge George Venizelos said: “Today’s arrests mark 22 total arrests in this mob scheme. The charges, which we’ve seen time and time again, include racketeering, extortion, loan sharking, and operating illegal gambling businesses. The FBI will continue to work with our local, state, and federal partners to root out any and all organized crime activity—wherever we may find it.”
DEA Acting Special Agent in Charge James J. Hunt said: “Today’s collaborative law enforcement effort by DEA, U.S. Attorney Office, Southern District of New York, FBI, ICE HIS, Rockland County District Attorney Office, New York State Police, NYPD Police and our other state and local counterparts is a testament to the fact that we will use all resources at our disposal to target any and all organized crime groups.”
ICE HSI Special Agent-in-Charge James T. Hayes said: “The arrests today illustrate the Department of Homeland Security's clear commitment to identify and fully prosecute organized crime networks operating in our cities. HSI will continue to work jointly with our law enforcement partners to dismantle these organizations from the top down.”
Rockland County District Attorney Thomas Zugibe said: "While this case was initiated in Rockland County though our Regional Investigative Resource Center, Organized Crime Unit it quickly became apparent that the activity of these individuals impacted the metropolitan area. This is another example of how inter agency cooperation is instrumental to success and an analysis of the facts made it clear that these charges are best suited for Federal prosecution. With the arrests of Mr. Pagano and Mr. Palazzolo, both long time county residents with a long, documented history of organized criminal activity, law enforcement has dealt a significant blow to the Genovese Crime Family."
New York State Police Superintendent Joseph A. D'Amico said: "The hard work in this long term investigation has paid off with the indictments of Daniel Pagano and Michael Palazzolo. With Pagano, a known street boss, and his associate Palazzolo behind bars, this organization has suffered a huge blow to their operation. The indictments announced today and our partnerships should send a message to others involved in these types of crimes, this illegal activity and threats to others will not be tolerated by law enforcement. We thank our partners in this investigation, and look forward to continuing the fight against organized crime with them."
NYPD Police Commissioner William J. Bratton said: “Organized crime has no place in our communities. Thanks to the collaborative efforts of the investigators and prosecutors involved in this case, this illegal enterprise has been shut down and these criminals will be brought to justice.”
According to the allegations in the Indictment unsealed today in Manhattan federal court:
The Genovese Crime Family is part of a nationwide criminal organization known by various names, including the “Mafia” and “La Cosa Nostra” (“LCN”), which operates through entities known as “Families.” The Genovese Crime Family operates through groups of individuals known as “crews” and “regimes,” most of which are based in New York City. Each “crew” has as its leader a person known as a “Caporegime,” “Capo,” “Captain,” or “Skipper,” who is responsible for supervising the criminal activities of his crew and providing “Soldiers” and associates with support and protection. In return, the Capo typically receives a share of the illegal earnings of each of his crew’s Soldiers and associates, which was sometimes referred to as Atribute.@ DANIEL PAGANO is a Caporegime or Captain in the Genovese Crime Family.
Each crew consists of “made” members, sometimes known as “Soldiers,” “wiseguys,” “friends of ours,” and “good fellows.” Soldiers are aided in their criminal endeavors by other trusted individuals, known as “associates,” who sometimes are referred to as “connected” or identified as “with” a Soldier or other member of the Family. Associates participate in the various activities of the crew and its members. In order for an associate to become a made member of the Family, the associate must first be of Italian descent and typically needed to demonstrate the ability to generate income for the Family and/or the willingness to commit acts of violence. MICHAEL PALAZZOLO is an associate of the Genovese Crime Family.
From in or about 2009 through in or about February 2012, PAGANO and PALAZZOLO, along with other members and associates of the Genovese Crime Family, committed a wide array of crimes including extortion, loan sharking, and operating an illegal gambling business. In or about 2012, PALAZZOLO and other co-conspirators, not named as defendants in the Indictment, used threats of force to attempt to collect payment from an individual who they believed robbed one of those co-conspirators of marijuana.
PAGANO, 61, of Rockland County, is charged with participating in a racketeering conspiracy. The charge carries a maximum term of 20 years in prison.
PALAZZOLO 49, of Rockland County, is charged with one count of participating in a racketeering conspiracy and one count of participating in an extortion conspiracy. These charges carry a maximum term of imprisonment of 40 years in prison.
Mr. Bharara thanked the FBI, the Rockland County District Attorney’s Office, the DEA, the U.S. Immigration and Customs Enforcement’s Department of Homeland Security Investigations, the New York City Police Department, and the New York State Police.
This investigation was a result of the Department of Justice's Organized Crime and Drug Enforcement Task Force Program, and it combined the resources and expertise of its member federal agencies in cooperation with local law enforcement. The investigation was conducted by a joint task force of the NYPD and the FBI.
The prosecution is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jennifer Burns, Rahul Mukhi, Daniel Goldman, and Emil Bove are in charge of the prosecution.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
U.S. v. Daniel Pagano & Michael Palazzolo Indictment
California Man Charged with Interfering with Flight CrewRead the Press Release
Robert Coppack, of LaVerne, California, was charged today by information with interference with a flight crew, announced United States Attorney Zane David Memeger. The Information alleges that from May 13, 2014, to May 14, 2014, Coppack intimidated and assaulted flight crew members and flight attendants on a US Airways flight traveling from Philadelphia to London, and interfered with their duties and performance.
If convicted, the defendant faces a maximum possible sentence of 20 years of imprisonment.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, the Federal Bureau of Investigation, and the Joint Terrorism Task Force, and is being prosecuted by Assistant United States Attorney Sarah L. Grieb.
Click here to view the indictment
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525California Investment Manager Found Guilty after Trial for Leading $33 Million Fraud SchemeRead the Press Release
SALT LAKE CITY - A California investment manager was found guilty in federal court in Salt Lake City, Utah, late Tuesday afternoon for his role in a $33 million investment fraud scheme.
Robert L. Holloway, 55, was found guilty after a seven-day trial by a federal jury in the District of Utah of four counts of wire fraud and one count of making and subscribing a false income tax return.
Evidence presented at trial established that Holloway operated an investment entity called US Ventures LC, which was founded in 1999. Holloway served as the chief executive officer and managing partner of US Ventures. From October 2005 until at least April 2007, Holloway recruited investors for US Ventures by making false representations about the company, including that US Ventures used proprietary trading software that was consistently profitable, US Ventures generated returns of 0.8 percent per trading day and US Ventures would retain a 30 percent share of investors’ profits as a management fee.
Additionally, during the course of US Ventures’ existence, Holloway generated and distributed reports to investors showing false daily returns on their investments. The evidence introduced at trial showed that between October 2005 and April 2007, contrary to the returns shown on the reports Holloway distributed, US Ventures in fact lost more than $10 million in trading and the “profit” figures on the investor reports were entirely fabricated. Holloway and US Ventures also made “profit distributions” to investors that consisted of funds solicited from new investors, not actual profits. US Ventures raised more than $33 million from investors for its trading activities.
Evidence at trial also showed that Holloway misappropriated investors’ funds for a variety of personal expenses, including supporting his then-wife’s eBay business and purchasing hundreds of thousands of dollars of jewelry. During 2006 alone, Holloway diverted more than $1.2 million in investor funds to a “business” account that Holloway used for as a personal account, despite the fact that he falsely claimed a gross income of only $27,500 on his personal tax return for 2006.
U.S. District Court Judge Robert J. Shelby, who presided over the trial, set sentencing for October 20, 2014. Judge Shelby ordered Holloway to be taken into custody following the jury verdict.
The case was investigated by the FBI’s Salt Lake City Field Office and the IRS-CI’s Las Vegas Field Office. This case was prosecuted by Assistant U.S. Attorney Jason R. Burt from the U.S. Attorney’s Office in Utah and Trial Attorney Thomas B.W. Hall of the Criminal Division’s Fraud Section. The department thanks the Commodity Futures Trading Commission and the Securities and Exchange Commission for their assistance.
California Investment Manager Found Guilty After Trial for Leading $33 Million Fraud SchemeRead the Press Release
A California investment manager was found guilty in federal district court in Salt Lake City, Utah for his role in a $33 million investment fraud scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Acting U.S. Attorney Carlie Christensen for the District of Utah, Special Agent in Charge Mary Rook of the FBI’s Salt Lake City Field Office and Special Agent in Charge John Collins of the Internal Revenue Service-Criminal Investigation (IRS-CI) Las Vegas Field Office made the announcement.
Robert L. Holloway, 55, was found guilty after a 7-day trial by a federal jury in the District of Utah of four counts of wire fraud and one count of making and subscribing a false income tax return.
Evidence presented at trial established that Holloway operated an investment entity called US Ventures LC, which was founded in 1999. Holloway served as the chief executive officer and managing partner of US Ventures. From October 2005 until at least April 2007, Holloway recruited investors for US Ventures by making false representations about the company, including that US Ventures used proprietary trading software that was consistently profitable, US Ventures generated returns of 0.8 percent per trading day and US Ventures would retain a 30 percent share of investors’ profits as a management fee.
Additionally, during the course of US Ventures’ existence, Holloway generated and distributed reports to investors showing false daily returns on their investments. The evidence introduced at trial showed that between October 2005 and April 2007, contrary to the returns shown on the reports Holloway distributed, US Ventures in fact lost more than $10 million in trading and the “profit” figures on the investor reports were entirely fabricated. Holloway and US Ventures also made “profit distributions” to investors that consisted of funds solicited from new investors, not actual profits. US Ventures raised more than $33 million from investors for its trading activities.
Evidence at trial also showed that Holloway misappropriated investors’ funds for a variety of personal expenses, including supporting his then-wife’s eBay business and purchasing hundreds of thousands of dollars of jewelry. During 2006 alone, Holloway diverted more than $1.2 million in investor funds to a “business” account that Holloway used for as a personal account, despite the fact that he falsely claimed a gross income of only $27,500 on his personal tax return for 2006.
U.S. District Court Judge Robert J. Shelby, who presided over the trial, set sentencing for October 20, 2014.
The case was investigated by the FBI’s Salt Lake City Field Office and the IRS-CI’s Las Vegas Field Office. This case was prosecuted by Trial Attorney Thomas B.W. Hall of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Jason R. Burt and Mark Y. Hirata for the District of Utah. The department thanks the Commodity Futures Trading Commission and the Securities and Exchange Commission for their assistance.Brodheadsville Man Charged with Trafficking Crack CocaineRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal Information was filed in U.S. District in Scranton yesterday charging a Monroe County resident with distributing crack cocaine during 2013.
According to United States Attorney Peter Smith, the Information alleges that Jose Hernandez-Tirado, age 34, of Brodheadsville, distributed and possessed with intent to distribute cocaine base (“crack”).
The charge stems from an investigation by special agents of the Drug Enforcement Administration, Department of Homeland Security (DHS), Homeland Security Investigations (HSI), the Pennsylvania State Police, the Bureau of Narcotics Investigations, and Berks County Detectives.
Hernandez-Tirado faces a potential maximum sentence of 20 years in prison and a $1 million fine if he is convicted of the charge.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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.
Beaver County Man Admits Selling Party Drugs at Pittsburgh-area Music EventsRead the Press Release
PITTSBURGH – Phillip Lacher, a resident of Beaver County, was convicted of conspiring to distribute a mixture of methamphetamine and 3,4-methylenedioxymethamphetamine, sometimes referred to as “molly”, United States Attorney David J. Hickton announced today.
Lacher, 26, pled guilty before United States District Judge David S. Cercone. Judge Cercone scheduled sentencing to occur on Dec. 18, 2014, at 10:30 a.m.
In support of the guilty plea, the Court was informed that Lacher agreed with his supplier to distribute the mixture of methamphetamine and molly at various concerts or music festivals in the Pittsburgh area.
The law provides for a maximum total sentence of up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Federal Bureau of Investigation and the Pennsylvania Attorney General’s Office led the multi-agency investigation of this case that also included the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Moon Township Police Department, the North Fayette Police Department, the Pittsburgh Bureau of Police Department, the Allegheny County Sheriff’s Office, the Pennsylvania State Police, the McKees Rocks Police Department, the Cranberry Township Police Department, the McKeesport Police Department, and the Wilkinsburg Police Department.
Baltimore Area Cocaine Dealer Sentenced to over 28 Years in PrisonRead the Press Release
Defendant Shipped Hundreds of Kilograms of Cocaine in Hollow Computer Shells from California to Maryland
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Richard Anthony Wilford, age 41, of Baltimore and Elkton, today to 340 months in prison followed by 10 years of supervised release for conspiracy to distribute cocaine. Judge Hollander enhanced Wilford’s sentence upon determining that he is a career offender based on two prior federal drug trafficking convictions.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Police Commissioner Anthony W. Batts of the Baltimore City Police Department; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore City State=s Attorney Gregg L. Bernstein.
"The Drug Enforcement Administration working in partnership with our law enforcement partners dismantled a drug trafficking organization that distributed very large amounts of cocaine throughout the Maryland metropolitan area,” stated Gary Tuggle, Assistant Special Agent in Charge of the Drug Enforcement Administration – Baltimore District Office. “Wilford ran from law enforcement, but was apprehended. Wilford will not be walking the streets of Maryland for a very long time,” added Tuggle.
According to evidence presented at the five day trial, from 2010 to September 2011, Wilford was a member of a cocaine-trafficking organization in and around Baltimore, Maryland. Wilford and his co-conspirators, including Lawrence Hayes, conspired to obtain large quantities of cocaine from sources of supply in California and ship the cocaine to Maryland. Once in Maryland, Wilford sold the cocaine to his co-conspirators who processed and packaged the cocaine for distribution in the Baltimore metropolitan area.
During the week of May 16, 2011, Hayes and others were arrested. Wilford’s residence was searched and a hollowed-out computer shell, a large cardboard box, and a mold for forming a kilogram of narcotics were seized. A shipment of cocaine destined to Wilford’s address was also intercepted and seized on May 20, 2011. Approximately eight kilograms of cocaine were concealed inside of a hollow computer shell. Moreover, UPS shipping records revealed that in 2010 to 2011, 18 shipments of cocaine were made to Wilford’s residence, including the shipment intercepted by DEA agents on May 20, 2011. Testimony at trial revealed that between November 2010 and May 2011, approximately nine hollowed-out computer shells and their respective shipping boxes were removed from Wilford’s residence by a co-conspirator.
In addition, approximately $1.6 million dollars was seized from a residence in Reisterstown, Maryland. Testimony at trial indicated that Wilford had a key to and stored the cash in the residence.
Wilford’s residence in Elkton, Maryland was searched and agents seized a small amount of currency, receipts for six UPS shipments to California, and materials for wrapping and shipping currency. Testimony at trial indicated that this residence was sometimes used as a location to prepare large sums of U.S. currency for shipment to California. UPS shipping records indicated that Wilford shipped no less than 28 packages to California from Maryland, using fake names.
In May, 2011, Wilford fled to Los Angeles, California. In August 2011, a federal law enforcement agent attempted to arrest Wilford, but Wilford was able to escape when he attempted to run-down the agent with the vehicle that Wilford was operating. The investigation revealed that Wilford had rented an apartment in Los Angeles under a fake name. A search of Wilford’s Los Angeles apartment and vehicle revealed approximately $68,000 and fake IDs.
Wilford was arrested on September 16, 2011, at a secret apartment located on Laurel
Avenue in Baltimore City. Approximately $189,000, 14 cell phones and a fake ID were seized from either the apartment or his vehicle.Trial evidence was presented that Wilford was responsible for the distribution of at least 200 kilograms of cocaine in furtherance of the conspiracy, and the entire conspiracy invovled no less than 336 kilograms of cocaine.
Co-defendants Lawrence Lee Hayes and Bryan Eammon Williams, both age 41, and both of Baltimore, previously pleaded guilty to their participation in the conspiracy and were sentenced to 15 years in prison, and 135 months in prison, respectively.
United States Attorney Rod J. Rosenstein commended the DEA, Baltimore City Police Department, Baltimore County Police Department and the Baltimore City State=s Attorney=s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorneys John W. Sippel, Jr. and Benjamin M. Block, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Ashley Hall Defendant Committed to Federal Psychiatric Institution in TexasRead the Press Release
Contact Person: Beth Drake (803) 929-3000
Columbia, South Carolina -----United States Attorney Bill Nettles stated today that Alice Boland, age 30, of Beaufort, South Carolina, was recently ordered to be civilly committed to the custody of the Attorney General pending further court order as explained below.
After the incident at Ashley Hall on February 4, 2013, and her subsequent arrest on state charges, a federal grand jury charged Boland in a four (4) count Indictment with- making a false statement in order to purchase a firearm,
- illegally possessing a firearm given her status as a person who had been previously committed to a mental institution or who had been adjudicated as mentally incompetent,
- possession of a firearm in a school zone, and
- attempted discharge of a firearm in a school zone.
“By order of the United States District Court for the Northern District of Texas, Alice Boland was civilly committed to the custody of the Attorney General pursuant to 18 U.S.C. § 4246(d), after the court found by clear and convincing evidence that she is presently suffering from a mental disease or defect as a result of which her release would create a substantial risk of bodily injury to another person or serious damage to property of another.”
As a result of this Order, Boland continues to be housed in the Bureau of Prisons at FMC Carswell, a federal medical center which also houses females in a psychiatric unit. Because of the operation of the statute by which she was committed, Boland will remain there, in custody and detained, and for an indefinite duration.
The charges are still pending and will remain pending unless and until a court finds that she is no longer suffering from a mental disease or defect as a result of which her release would create a substantial risk of bodily injury to another person or serious damage to property of another.
The United States Attorney further stated that all charges in the Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty in a court of law.
The case was investigated by agents of Alcohol, Tobacco, Firearms and Explosives and the City of Charleston Police Department and is assigned to Assistant United States Attorney Sean Kittrell of the Charleston office for prosecution.Albany Cocaine Dealer SentencedRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Montravis Luke, age 30, of Albany, Georgia, was sentenced by United States District Court Judge W. Louis Sands to serve 12 years (144 months) in federal prison for conspiracy with the intent to distribute more than 500 grams of cocaine. The sentence was pronounced on August 7, 2014, in Albany, Georgia.Mr. Luke entered a guilty plea on May 24, 2014. As a part of his plea agreement, Mr. Luke admitted that from September 2012 to September 2013, he, Timothy Lemonica Johnson, a/k/a as “Big Timmy”; Joseph Lewis Guest, III, a/k/a “Big Joe”; and Darion Jay Gillison purchased cocaine from Toney Ricardo Mosely, a/k/a “Toney Montana” and then resold it. Mr. Luke was arrested after selling cocaine to a confidential informant in the parking lot of the Village Green Shopping Center, in Albany, Georgia, on May 9, 2013.
Mr. Johnson, Mr. Guest and Mr. Gillison have all pled guilty and been sentenced. Mr. Mosley entered a guilty plea on May 29, 2014 and is scheduled to be sentenced on August 28, 2014.
“Every time we shut down a group of drug suppliers, it is a victory for the local community. We were able to do that in this case thanks to the cooperation of our state and local partners,” said U.S. Attorney Michael Moore.“This sentence is a direct message to criminals that ATF agents and our law enforcement partners will not allow flagrant violations of our laws to go unpunished,” said Acting Special Agent in Charge Ray Brown. “ATF remains on the frontline of preventing violent crime and will work to ensure criminals are prosecuted and removed from our streets.”
“The Albany Police Department is pleased to have partnered with other law enforcement agencies in working on this case. These individuals have long been involved in criminal activity in the Albany-Dougherty area and we are satisfied with the results of this lengthy and deeply involved investigation. We hope these arrests and lengthy sentences will send a strong message to those who may be considering making gang and drug activity a career choice here in Southwest Georgia, we will not tolerate it,” stated Albany Police Chief John Proctor.
The case was investigated by the Bureau of Alcohol, Tobacco and Firearms, the Georgia Bureau of Investigation and the Albany Police Department Gang Task Force. Assistant United States Attorney Leah E. McEwen is representing the Government in the prosecution of the case.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
13 Members of International Counterfeit Currency Ring Indicted for Racketeering and Related OffensesRead the Press Release
ALEXANDRIA, Va. – Thirteen members of an international counterfeit currency ring were indicted today on racketeering and related charges for allegedly printing and distributing millions of dollars in counterfeit U.S. $100 bills.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Julia A. Pierson, Director of the U.S. Secret Service, made the announcement.
“This alleged counterfeiting ring used sophisticated techniques to mimic the security and design features of the redesigned U.S. $100 bill,” said U.S. Attorney Boente. “I want to commend the Secret Service and its law enforcement partners for aggressively investigating this conspiracy and supporting the prosecution of these 13 defendants.”
“This case is a perfect example of the Secret Service combining traditional investigative methods with cutting-edge technology to resolve a long-term and complex counterfeit currency investigation,” said Secret Service Director Pierson. “These arrests further demonstrate the remarkable level of success our Special Agents have had combatting counterfeit U.S. currency and other financial crimes over our 149 year history.”
According to court records, beginning around 1999, the Secret Service first detected a high-quality counterfeit $100 Federal Reserve Note in New York City. The counterfeit bills, which are believed to have been manufactured in Israel through off-set printing, have been circulated predominately along the I-95 corridor and eastern United States. More recently, beginning in January 2014, the organization allegedly established a domestic printing plant in New Jersey. Since the detection of this counterfeit note, over $77.4 million has been passed or seized by law enforcement globally. The Secret Service estimates that in 2013 alone, approximately $10.8 million worth of this counterfeit note was passed or seized.
As detailed in the affidavit in support of a criminal complaint in this case, the Secret Service recently developed critical investigative leads that ultimately contributed to the dismantling of this criminal distribution network. From May 28 to June 13, 2014, agents executed federal arrest and search warrants across five states (New York, New Jersey, Pennsylvania, Georgia and Florida), culminating in the suppression of a sophisticated counterfeit printing plant in New Jersey that is suspected of producing one of the most prolific counterfeit notes in history. As part of these searches, law enforcement recovered one Heidelberg and one Ryobi off-set printing press, three Heidelberg printing machines, an etching machine used to develop plates, multiple off-set plates, computer equipment, counting machines, approximately $240,700 in genuine U.S. currency, approximately $2.5 million in counterfeit U.S. currency and a stolen .45 caliber Colt 1911 gun.
As outlined in the table below, a federal grand jury in the Eastern District of Virginia returned a superseding indictment on Aug. 7, 2014 charging ten members of the criminal enterprise with one count of participating in a racketeering conspiracy and one count of conspiracy to commit multiple offenses relating to the counterfeiting of U.S. currency. Three additional defendants (Barrett, Epps and Guerra) were charged with participating in the counterfeiting conspiracy.
All 13 defendants were initially charged by criminal complaint and arrested from May 28 to June 13, 2014. The ten defendants charged with the racketeering conspiracy face a maximum penalty of 20 years in prison if convicted, and the three defendants charged solely with the counterfeiting conspiracy face a maximum penalty of five years in prison if convicted.
The defendants are listed in the superseding indictment in the following order:
Defendant Name & AgeResidence
Arrest Location & Date
Custody/Bond Status
Rison Lezion, Israel
Jamaica, New York
May 28, 2014In custody
Ronin Fakiro, 45
Rison Lezion, Israel
Jamaica, New York
May 28, 2014In custody
Boaz Borohov, 43
Tel Aviv, Israel
Cherry Hill, New Jersey
May 28, 2014In custody
Ofra Borohov, 45
Tel Aviv, Israel
Cherry Hill, New Jersey
May 28, 2014In custody
Arkadiy Bangiyev, 37
Rego Park, New York
Rego Park, New York
May 28, 2014In custody
Eduard Bangiyev, 39
Forest Hills, New York
Scranton, Pennsylvania
May 28, 2014In custody
Johnny Elegante Lee, 44
Glen Oaks, New York
Miami, Florida
June 1, 2014In custody
Tarell Lavon Johnson, 26
Lynbrook, New York
Lynbrook, New York
May 28, 2014In custody
Craig Johnson, 48
Douglasville, Georgia
Douglasville, Georgia
June 13, 2014In custody
Shannon Lamont Smith, 38
Woodstock, Georgia
Atlanta, Georgia
May 28, 2014Released on bond
Fredrick Barrett, 32
Hempstead, New York
Hempstead, New York
May 28, 2014In custody
Ramel Epps, 23
Freeport, New York
Freeport, New York
May 28, 2014Released on bond
Brattie Guerra, 22
Freeport, New York
Freeport, New York
May 28, 2014Released on bond
This case was investigated by the U.S. Secret Service’s Washington Field Office, with assistance from multiple field and resident offices of the Secret Service in Philadelphia, New York, Miami, Atlanta, Long Island and Scranton, Pennsylvania; U.S. Customs and Border Protection; Prince William County Police Department; Stafford County Sheriff’s Office; and the police departments of Cherry Hill, New Jersey; Mt. Laurel, New Jersey; Nassau County, New York; Rockville Centre, New York; and Woodstock, Georgia. Assistant U.S. Attorneys Kimberly R. Pedersen and Gordon D. Kromberg are prosecuting the case.
Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14-cr-206.
6 August 2014
Woman Indicted for Scheme to Defraud CharitiesRead the Press Release
Scheme Defrauded the United States Marshals Survivors Benefit Fund and BackStoppers
Follow @SDILNewsA federal grand jury returned an indictment against Pamela Denise Robtoy, 53, of Belleville, Illinois. The indictment contains three-counts, charging mail fraud, wire fraud, and making a false statement to federal agents conducting a criminal investigation, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Robtoy faces possible prison sentences totaling up to 45 years, a fine of up to $250,000, up to 3 years of supervised release after serving her sentence, and a mandatory order of restitution.
“All theft from charities is intolerable. Theft by any person from charities striving to honor a first responder who lost his life protecting the public is simply disgusting and abhorrent!” said United States Attorney Wigginton.
The indictment alleges that Pamela Denise Robtoy embezzled funds from the 3rd Annual John Perry Golf Benefit held in October of 2013. The proceeds from the charitable event were to benefit the U.S. Marshals Survivors Benefit Fund and BackStoppers, Inc. The Annual John Perry Golf Benefit Tournament was a charitable benefit held annually to remember Deputy U.S. Marshal John Brookman Perry, who was killed in the line of duty on Tuesday, March 8, 2011. The wire fraud count alleges that Pamela Denise Robtoy sent an email to a Deputy United States Marshal falsely indicating that the checks to the U.S. Marshals Survivors Benefit Fund and The BackStoppers, Inc. had been reissued in an effort to avoid detection of her scheme. The false statement count alleges that Pamela Denise Robtoy lied to federal agents when she said she started taking money from the benefit fund in November of 2013, when in fact, she started embezzling funds from the account as soon as the account was created.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge and is entitled to a fair trial at which the Government must prove guilt beyond a reasonable doubt.
The investigation was conducted by the Postal Inspection Service with the assistance of other federal agencies. The case is being prosecuted by Assistant United States Attorney Norman R. Smith.
Wilcox County Deputy Sheriff Sentenced to Federal Prison for Transporting DrugsRead the Press Release
Montgomery, Alabama - Former Wilcox County Deputy Greg Barge, 45, from Camden, Alabama, was sentenced yesterday for attempting to possess with the intent to distribute cocaine powder, and using a firearm in furtherance of a drug trafficking crime, announced George L. Beck, Jr., United States Attorney for the Middle District of Alabama. After pleading guilty to these charges, District Court Judge Mark E. Fuller sentenced Barge to 90 months in prison, to be followed by 3 years of supervised release.
According to court records, on April 10, 2013, May 7, 2013 and June 26, 2013, Barge transported packages that contained what he believed to be multiple kilograms of cocaine powder from Montgomery, Alabama to Camden, Alabama. The packages actually contained a substance that appeared to be cocaine, but was not cocaine. On each of those dates, Barge obtained the supposed cocaine in Montgomery and transported them to Camden using his law enforcement vehicle, dressed in his deputy uniform, and carrying his police issued firearm. Barge was paid $700 on April 10, 2013 for transporting 2 kilograms of what he believed to be cocaine, and $1200 on May 7, 2013 for transporting 3 kilograms. On June 26, 2013, Barge was arrested in Camden after transporting another 3 kilograms of the fake cocaine from Montgomery to Camden.
“Wearing a badge and uniform does not provide immunity from breaking the law,” stated U.S. Attorney George Beck. “Whether a county deputy, city police officer, or federal agent, wrongdoers will be punished. While the majority of law enforcement officers protect and serve our communities honorably, those who violate the public’s trust will be prosecuted.”
“The FBI and our law enforcement partners will continue to utilize all resources to investigate those who have taken an oath to serve and protect our communities and use their position as a public servant to shield their criminal activities and violate the trust of those they serve,” stated FBI Special Agent in Charge Robert F. Lasky.
The case was investigated by the Federal Bureau of Investigation, with assistance from the Alabama Alcoholic Beverage Control Board and the Alabama Department of Public Safety. First Assistant United States Attorney Clark Morris prosecuted the case.
PRESS CONTACT: Clark Morris
Email: [email protected]
Telephone: (334) 551-1755
Fax: (334) 223-7617U.S. Attorney Sharpe Encourages Use of Policy to Help Children of Arrested ParentsRead the Press Release
St. Thomas, USVI – United States Attorney Ronald W. Sharpe is encouraging law enforcement and child welfare agencies to take advantage of a new model policy that addresses what actions should be taken to help children deal with the trauma associated with the arrest of a parent. The policy was released Thursday by the Department of Justice’s Office of Justice Programs (OJP), in partnership with the International Association of Chiefs of Police (IACP), and is available at: www.bja.gov/Publications/IACP-SafeguardingChildren.pdf.
“I hope that this policy and the information it provides will assist law enforcement in the Virgin Islands better understand how the arrest of a parent can adversely affect a child, and provide strategies for minimizing a child’s trauma in a positive way,” U.S. Attorney Sharpe said. The full text of the Department of Justice press release announcing the model policy is set forth below:
Department of Justice and the International Association of Chiefs of Police Release Groundbreaking Model Policy
Safeguarding Children of Arrested Parents
The Department of Justice’s Office of Justice Programs (OJP), in partnership with the International Association of Chiefs of Police (IACP), today released a seminal model policy regarding police interaction with children who are impacted when a parent is arrested and law enforcement carries out its investigative and arrest responsibilities. Reflecting the collective input of a wide range of subject-matter experts and stakeholders, and understanding that interactions between children and law enforcement create lasting impressions, the resulting model policy, Safeguarding Children of Arrested Parents, provides strategies for law enforcement to improve their procedures and positively impact the communities they serve.
“Limiting a child’s exposure to potentially traumatic events is an operationally sound and necessary law enforcement strategy,” said Deputy Attorney General James Cole. “It is also consistent with law enforcement’s duty to serve the community as a whole. It is an important part of the principles of community policing, problem solving, and conflict resolution.”
Funded through OJP’s Bureau of Justice Assistance (BJA), Safeguarding Children of Arrested Parents is an important resource for law enforcement. Law enforcement agencies will find the information contained in this document highly instructive as they seek to enhance their policies and procedures and gain understanding about the trauma children experience when law enforcement carries out its investigative and arrest responsibilities.
“Trauma associated with the arrest of a parent can have devastating and long term effects on the life of a child,” said Cecilia Muñoz, director of the White House Domestic Policy Council. “This administration is committed to advancing policies and programs that support the children of incarcerated parents and ensure that their futures remain bright with possibility. Implementation of this new protocol, first announced in 2013 during a White House Champions of Change event, will help limit these children's exposure to trauma and encourage positive interactions between members of law enforcement and the communities that they serve.”
In addition to the development of the model policy, IACP is developing a training curriculum that will be delivered through webinars and a number of training sessions at conferences around the country.
“Police officers are confronted with significant challenges and responsibilities when children are present or in need of care and supervision following the arrest of a parent,” said BJA Director Denise E. O’Donnell. “We are pleased to partner with IACP on a new model policy that provides sound, practical, and child-focused guidance on how police can join with their community partners to best meet the needs of children in these difficult circumstances.”
U.S. Attorney Joins Police Chief for Lafayette's Annual National Night OutRead the Press Release
LAFAYETTE, La. –United States Attorney Stephanie A. Finley and Law Enforcement Community Coordinator (LECC) Mike Campbell, joined City of Lafayette Police Chief Jim Craft, the Lafayette Fire Department, and community leaders on Tuesday, August 5th, for the 31st Annual National Night Out crime and drug prevention event.
The Annual National Night Out events hosted throughout Lafayette were between 5:30 p.m. and 7:30 p.m. The evening began at the Lafayette Consolidated Government building at 5:30 p.m. with the reading of a proclamation commemorating National Night Out. From there, events were held at the Girard Park Pavilion and Martin Luther King Jr. Multi-purpose Center. These events included music, entertainment, fun jumps, food, games and displays by the Lafayette Fire Department, the Lafayette Sheriff’s Office, and the Lafayette Police Department SWAT Team, horse patrol, motorcycle unit, bicycle patrol and the police command bus. National Night Out corporate sponsor representatives from ADT Security Systems attended the events along with members of the Lafayette Advisory Commission on Crime Prevention, neighborhood watch organizations and other groups.
National Night Out is an annual event that takes place on the first Tuesday in August. It is the nation’s largest annual crime prevention event with more than 37 million people in more than 15,000 communities from all 50 states participating with their local law enforcement agencies. It is designed to heighten crime and drug prevention awareness, generate support for participation in local anti-crime efforts, strengthen neighborhood spirit and police-community partnerships throughout the city, and send a strong message to criminals that neighborhoods are organized and fighting back.
“National Night Out is a perfect opportunity for the community to join with law enforcement and other community partners to demonstrate that crime does not rule the night and that criminals have no safe haven here,” Finley stated. “It is great to see all of these residents come together in support of their neighborhoods. The ‘Night Out’ is also a wonderful way to acknowledge the accomplishments of neighborhood organizations that keep communities safe and spread the important message that we are all in this together. I want to thank Chief Craft and Sheriff Mike Neustrom for spearheading this event and inviting me.”
“National Night Out gives the citizens of our community the opportunity to get out and meet their neighbors and local police officers,” Craft said. “This effort is to remind citizens of the importance of being vigilant and alert in their everyday lives.”
As the district’s Law Enforcement Community Coordinator, Campbell acts as a liaison between the U.S. Attorney's Office and local, state, and federal law enforcement. He assists with grants, coordinates and provides law enforcement training, and assists law enforcement agencies with special and community needs. The mission of the Law Enforcement Coordinating Committee is to develop coordination, communication, and cooperation between local, state, and federal law enforcement agencies throughout the Western District of Louisiana by providing education, training, and technical assistance to all federal, state, and local law enforcement agencies in the district.
Thousands of communities across the United States took part in National Night Out starting in August. To find out more about National Night Out visit the National Association for Town Watch at http://www.natw.org.
From left to right are: U.S. Attorney Stephanie Finley, Lafayette Advisory Commission on Crime member Rhonda Lorio, Lafayette Police Chief James Craft, Lafayette City-Parish Consolidated Government President Joey Durel, and ADT representative Jason Clark. Durel is presenting a proclamation at a consolidated government meeting commemorating August 5, 2014 as National Night Out.
U.S. Attorney Daniel Bogden and Other Federal Law Enforcement Agency Reps Tour Northern Nevada Indian LandsRead the Press Release
LAS VEGAS, Nev. – U.S. Attorney Daniel G. Bogden and other federal law enforcement representatives last week held meetings with leaders and representatives of 21 northern Nevada Indian tribes, and conducted tours of their reservations, announced United States Attorney Daniel G. Bogden.
“We strive each year to improve communication and coordination with our tribal partners,” said U.S. Attorney Bogden. “There is no quick fix to the public safety problems the tribes face, but my office, as well as the FBI, Bureau of Indian Affairs, DEA and other federal agencies, are committed to fighting crime and promoting justice on Nevada Indian lands.”
The four-day trip, which U.S. Attorney Bogden has been conducting on an annual basis for the last several years, is part of a national effort to establish regular and meaningful consultation and collaboration with tribal officials. U.S. Attorney Bogden was joined on this year’s trip by his Criminal Chief, Eric Johnson, and Reno Branch Chief, Sue Fahami, as well as the Assistant Special Agent in Charge of the Bureau of Indian Affairs (BIA) for District III, Selanhongva McDonald, BIA Special Agent Molly Hernandez, BIA Supervisory Special Agent Clifford C. Serawop, DEA Resident Agent in Charge Jerry Miller, and FBI Special Agents Brian Keeney, Michael Spitzer, and David Elkington.
The tribal consultation meetings were conducted from Monday, July 28 through Thursday, July 31, 2014, and included discussions about tribal issues, investigations, victim advocacy, training, outreach, public safety, and violence against women.
The group visited the Washoe Tribe of Nevada and California; the Carson Colony, Dresslerville, and Stewart Community Councils; Yerington, Walker River and Summit Lake Paiute Tribes; Reno-Sparks Indian Colony; Pyramid Lake Paiute Tribe; Fallon Paiute Tribe; Duckwater Sho-Pai Tribe; Ely Shoshone Tribe; Wells Band Council; Duck Valley Sho-Pai Tribe; South Fork Band Council; Elko Band Council; Elko Te-Moak Tribe; Battle Mountain Band Council; Winnemucca Colony Council; Fort McDermitt Paiute Shoshone Tribe; and Lovelock Paiute Tribe. The group plans to visit the remaining Nevada tribes and reservations later this year.
In addition to the tribal lands consultation tour each year, the Nevada U.S. Attorney’s Office holds a state-wide Native American Conference. This year’s conference, entitled “Working Together for Hope, Healing and Justice” is the 18th State-Wide Native American Conference and will be held Aug. 25 through Aug. 27, 2014, at the Grand Sierra Resort in Reno, Nev. The conference is open to tribal chairs, administrators and tribal members, social and health care workers, law enforcement, court personnel, and others who might benefit learning from a number of topics and issues impacting the tribes.
Nevada is home to 26 federally recognized Native American Tribes located on 31 reservations and colonies. For more information on the U.S. Attorney’s work with Nevada Indian tribes, visit http://www.justice.gov/usao/nv/programs_tribal.html.U.S. Attorney Daniel Bogden and Other Federal Law Enforcement Agency Reps Tour Northern Nevada Indian LandsRead the Press Release
LAS VEGAS, Nev. – U.S. Attorney Daniel G. Bogden and other federal law enforcement representatives last week held meetings with leaders and representatives of 21 northern Nevada Indian tribes, and conducted tours of their reservations, announced United States Attorney Daniel G. Bogden.
“We strive each year to improve communication and coordination with our tribal partners,” said U.S. Attorney Bogden. “There is no quick fix to the public safety problems the tribes face, but my office, as well as the FBI, Bureau of Indian Affairs, DEA and other federal agencies, are committed to fighting crime and promoting justice on Nevada Indian lands.”
The four-day trip, which U.S. Attorney Bogden has been conducting on an annual basis for the last several years, is part of a national effort to establish regular and meaningful consultation and collaboration with tribal officials. U.S. Attorney Bogden was joined on this year’s trip by his Criminal Chief, Eric Johnson, and Reno Branch Chief, Sue Fahami, as well as the Assistant Special Agent in Charge of the Bureau of Indian Affairs (BIA) for District III, Selanhongva McDonald, BIA Special Agent Molly Hernandez, BIA Supervisory Special Agent Clifford C. Serawop, DEA Resident Agent in Charge Jerry Miller, and FBI Special Agents Brian Keeney, Michael Spitzer, and David Elkington.
The tribal consultation meetings were conducted from Monday, July 28 through Thursday, July 31, 2014, and included discussions about tribal issues, investigations, victim advocacy, training, outreach, public safety, and violence against women.
The group visited the Washoe Tribe of Nevada and California; the Carson Colony, Dresslerville, and Stewart Community Councils; Yerington, Walker River and Summit Lake Paiute Tribes; Reno-Sparks Indian Colony; Pyramid Lake Paiute Tribe; Fallon Paiute Tribe; Duckwater Sho-Pai Tribe; Ely Shoshone Tribe; Wells Band Council; Duck Valley Sho-Pai Tribe; South Fork Band Council; Elko Band Council; Elko Te-Moak Tribe; Battle Mountain Band Council; Winnemucca Colony Council; Fort McDermitt Paiute Shoshone Tribe; and Lovelock Paiute Tribe. The group plans to visit the remaining Nevada tribes and reservations later this year.
In addition to the tribal lands consultation tour each year, the Nevada U.S. Attorney’s Office holds a state-wide Native American Conference. This year’s conference, entitled “Working Together for Hope, Healing and Justice” is the 18th State-Wide Native American Conference and will be held Aug. 25 through Aug. 27, 2014, at the Grand Sierra Resort in Reno, Nev. The conference is open to tribal chairs, administrators and tribal members, social and health care workers, law enforcement, court personnel, and others who might benefit learning from a number of topics and issues impacting the tribes.
Nevada is home to 26 federally recognized Native American Tribes located on 31 reservations and colonies. For more information on the U.S. Attorney’s work with Nevada Indian tribes, visit http://www.justice.gov/usao/nv/programs_tribal.html.Two Milwaukee Men Indicted in Sex Trafficking Conspiracy and Related Trafficking OffensesRead the Press Release
Today, a federal grand jury in Milwaukee returned a 15-count superseding indictment charging two Milwaukee men, Paul Carter aka “Pimpin’ Paul” and David Moore aka “King David” with conspiracy, sex trafficking and related offenses spanning from the years 2007 to 2013.
Carter, 44, and Moore, 46, both of Milwaukee, were each previously indicted, Carter for two counts of sex trafficking and Moore for sex trafficking, conspiracy and solicitation of a crime of violence. The 15-count indictment returned today charges the two defendants jointly in four additional counts of conspiracy, sex trafficking, and labor trafficking, and charges each defendant with additional sex trafficking offenses, for a total of six additional counts against defendant Carter and eight additional counts against defendant Moore. Both defendants are charged with sex trafficking of both adults and minors.
If convicted, Carter and Moore each face a sentence of up to life imprisonment.
The case was investigated by the Human Trafficking Task Force for the Eastern District of Wisconsin, which includes law enforcement officers from FBI, Homeland Security Investigations, Wisconsin Division of Criminal Investigation and the Milwaukee Police Department. The case is being prosecuted by Assistant United States Attorney Karine Moreno-Taxman of the Eastern District of Wisconsin and Trial Attorney Daniel H. Weiss of the Civil Rights Division’s Human Trafficking Prosecution Unit.
An indictment is merely an accusation, and each defendant is presumed innocent until proven guilty.
Two Men Sentenced to Prison for Herion related CrimesRead the Press Release
United States AttorneyJames L. Santelle, of the Eastern District of Wisconsin, announced that on August 5, 2014, Brian King (age: 55) of Chicago, Illinois, and Donald Myers, Jr. (age: 41) of Menominee, Michigan, were sentenced to 30 months and 21 months in prison respectively by Chief United States District Judge William C. Griesbach. Each had previously entered a guilty plea; King to a charge of Distribution of Heroin, 100 grams or more, and Myers to a charge of using a communication facility (i.e., a telephone) to facilitate the distribution of heroin.
According to their plea agreements and other documents filed with the court, Myers worked in concert with seven other co-defendants to facilitate the movement and delivery of heroin to the Marinette, Wisconsin, and Menominee, Michigan areas after obtaining the drug from King, their primary supplier in Chicago. The court noted the “serious and dangerous nature” of the defendants’ crimes, as well as the “devastating effect” that heroin addiction has had in the Marinette/Menominee region.
The case was investigated by Special Agents from the Wisconsin Department of Justice, - Department of Criminal Investigation, the U.S. Drug Enforcement Administration, the Marinette Police Department, Marinette Sheriff’s Office, Menominee (Michigan) Police Department, Menominee (Michigan) Sheriff’s Office, Wisconsin HIDTA Task Force, Chicago HIDTA Task Force, Chicago Police Department, Northeast Wisconsin Tri-County Drug Enforcement Group, and the Manitowoc County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Daniel R. Humble.
Three Former Beaumont ISD Employees Indicted for FraudRead the Press Release
Department of Justice
Office of Public AffairsBEAUMONT, Texas — Three former Beaumont Independent School District employees have been indicted for embezzling money from a program receiving federal funds in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Daryl Glenn Johnson, 44, Erin Gipson Johnson, 38, and Kailyn DeShondra Pete, 25, all of Beaumont, were indicted by a federal grand jury today on charges of conspiracy and fraud upon programs receiving federal funds.
According to the indictment, from July 2009 through June, 2012, Daryl Johnson, who was employed as the warehouse supervisor for the school district, is alleged to have had first his wife, Erin Johnson, and then a friend, Kailyn Pete, placed on the BISD payroll as temporary employees. However, neither Erin Johnson nor Kailyn Pete ever actually worked as a BISD warehouse employee. Daryl Johnson had the autonomy to hire temporary warehouse employees on his own, and the authority to determine how many hours they would be paid, and could do so unilaterally and without the authorization or direct knowledge of anyone else. Daryl Johnson is alleged to have used this authority to fraudulently verify that both Erin Johnson and Kailyn Pete worked the hours indicated on their respective timesheets, which included extensive amounts of overtime when he knew that they in fact had not worked any of the hours. Pete is alleged to have paid Daryl Johnson $500.00 from each of the BISD payroll checks she received. From July 2009 through May 2011, Erin Johnson was paid $193,998.37. During the timeframe of June 2010 through May 2012, Kailyn Pete was paid $90,041.05.
If convicted, the defendants each face up to 10 years in federal prison.
This case is being investigated by the joint task force with the Jefferson County District Attorney’s Office, the Beaumont Police Department, and the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Joe Batte and Christopher T. Tortorice.
It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Roswell Man Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Jim Walter Qualls, Jr., 27, of Roswell, N.M., appeared in federal court in Las Cruces, N.M., this morning on a criminal complaint charging him production and distribution of visual depictions of minors engaged in sexually explicit conduct. Qualls entered a not guilty plea to the criminal complaint and remains in custody pending a detention hearing scheduled on Aug. 13, 2014.
According to court filings, a Homeland Security Investigations (HSI) investigation revealed that the administrator for a website banned a specific account from the website for allegedly posting sexually explicit images of a minor female approximately three to five years in age. Investigation revealed that the account was connected to an IP Address subscribed to Qualls at a Roswell residence.
On July 31, 2014, law enforcement officers from HSI, the Roswell Police Department and the Chaves County Sheriff’s Office executed a federal search warrant at Qualls’ residence and seized cellphones, computers, computer-related media, a camera and other items. Qualls was arrested after he was interviewed by law enforcement officers.
If convicted of the charges in the criminal complaint, Qualls faces a federal prison term of not less than 15 years and not more than 30 years. Qualls also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office HSI, the Roswell Police Department and the Chaves County Sheriff’s Office with assistance from the Artesia Police Department.
The case is being prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Philadelphia Resident Charged with Immigration FraudRead the Press Release
Allegedly lied about previous connection to extremist group
PHILADELPHIA - An indictment was unsealed today charging Hayatullah Dawari, 62, of Philadelphia, PA, with immigration fraud. Dawari is an Afghanistan citizen with alleged ties to Hezb-e-Islami Gulbuddin (“HIG”), an anti-western insurgent group active in Afghanistan and Pakistan. Its stated mission includes forcing the west out of Afghanistan, overthrowing the Afghan government, and establishing a fundamentalist Islamic state. It has long-established ties with al-Qaida, and it has served as an associated force of al-Qaida in hostilities against the United States and its coalition partners. Dawari has permanent, legal residence in the United States.
In his November 2013 application for U.S. citizenship, Dawari responded “No” to question 8a “Have you ever been a member of or associated with any organization, association, fund, foundation, party, club, society, or similar group in the United States or in any other place?” failing to disclose his membership in, and association with, HIG.
If convicted the defendant faces a maximum possible sentence of 20 years in prison, a fine of up to $500,000, a $200 special assessment and three years of supervised release.
The case was investigated by Federal Bureau of Investigation’s Joint Terrorism Task Force that included U.S. Immigration and Customs Enforcement Homeland Security Investigations and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Jennifer Arbittier Williams.
Click here to view the indictment
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Owner of Sandusky Winery Indicted for Actions Related to Government-Backed Farm LoansRead the Press Release
A five-count indictment was filed in federal court charging the owner of a Sandusky winery with crimes related to the securing and repayment of loans for the winery, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Anthony Mohatt, Acting Special Agent in Charge, U.S. Department of Agriculture, Office of Inspector General.
David J. Kraus, 52, of New York, New York, was charged with conversion of property pledged as collateral with a farm credit agency, making numerous false statements, including on a loan application to a federally-insured bank.
“This defendant is charged with defrauding a program designed to help struggling or family farmers by, among other things, unlawfully pocketing millions of dollars from the sale of wine and grapes,” Dettelbach said. “Those who seek federal assistance must follow the rules, whether they are food stamp recipients or want to own a winery. These programs are for the public good, not personal enrichment.”
Kraus was the owner and operator of Kraus Winery, Inc., also known as Kraus Vineyard, Hermes Winery, and Sand Hill Winery, located near Sandusky.
Count 1 of the indictment charges that between January 2006 and November 2012, the defendant knowingly, and with the intent to defraud, disposed of and converted to his own use, or the use of another, property pledged as collateral for loans from the U.S. Department of Agriculture – Farm Service Agency.
Kraus sold and directed the sale of grapes and wine valued at approximately $2 million which had been pledged as collateral for loans totaling $594,870, and failed to remit the proceeds from such sales to the USDA-FSA as required by the terms of the loans, according to the indictment.
Counts 2 through 4 of the indictment charge that Kraus made various materially false statements and representations to officials at the USDA-FSA in connection with the same loans between December 2009 and September 2010.
For example, Kraus falsely reported to a USDA-FSA farm loan officer that the winery had only received a few small checks for grape sales and had no wine sales in 2009, when, in fact, the winery had grape sales totaling approximately $60,000 and wine sales totaling approximately $271,380 in 2009, according to the indictment.
Count 5 also charges Kraus with making false statements on a loan application submitted to Citizens Bank on or about July 22, 2010, for purposes of influencing the bank’s action in connection with said application.
The case is being prosecuted by Assistant United States Attorneys Robert W. Kern and Angelita C. Bridges following an investigation by the United States Department of Agriculture, Office of Inspector General.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
North Dartmouth Man Charged with EmbezzlementRead the Press Release
Boston – A North Dartmouth man was arrested today and charged with conspiring to commit an offense against the United States and embezzlement from an organization that received federal funds.
John George, Jr., 68, owned Union Street Bus Company (USBC), a New Bedford-based company that operated public buses. During the same period, George operated John George Farms (JG Farm), a large produce farm based in Dartmouth. From approximately 1994 to 2011, USBC was awarded the Southeastern Regional Transit Authority (SRTA) contract to operate the SRTA public bus system that served a region that included New Bedford, Fall River, and several other neighboring towns.
The indictment alleges that, while USBC had the SRTA contract, George conspired with certain individuals to have various USBC employees work at JG Farm during their assigned USBC work hours. Such farm work included plowing, loading produce, and operating a produce stand at JG Farm, all during USBC business hours. As part of the conspiracy to commit an offense against the United States, George allegedly deployed USBC workers to JG Farm to repair George’s farm equipment, used USBC equipment and labor to provide personal out-of-state roadside assistance, and inflated his final yearly salary from $75,000 to $275,000 in an attempt to fraudulently boost his SRTA pension.
The charging statute provides a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 on the charge of embezzlement from an organization that received federal funds, and on the charge of conspiracy to defraud the United States, a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum. 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; Theodore L. Doherty, III, Special Agent in Charge of the Department of Transportation Office of the Inspector General in Boston made the announcement today. The case is being prosecuted by Dustin Chao of Ortiz’s Public Corruption Unit.
Nine Law Enforcement Officers Sentenced for Protecting Drug DealersRead the Press Release
ATLANTA – Thirteen defendants, including nine former police officers, have been sentenced to federal prison this week for accepting thousands of dollars in cash payments to provide protection during staged drug deals that were part of a federal undercover operation.
“This case sent shock waves through Georgia law enforcement offices, both local and federal,” said United States Attorney Sally Quillian Yates. “Certainly, these departments are filled with dedicated officers who literally risk their lives every day to make our communities safe. But this case revealed a troubling number of officers from a variety of law enforcement agencies who betrayed their oaths to protect and serve, taking cash from the very criminals they should have been arresting.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “While the sentences in this extensive law enforcement corruption matter ends the careers of those law enforcement and correctional officers involved, it can serve as an opportunity to those many other law enforcement officers and personnel to re-dedicate themselves to the oaths of office that they took when they accepted the badge. It also serves as a reminder to the public that the FBI remains responsive to such allegations of police misconduct and corruption and will investigate and present for prosecution those involved.”
“The vast majority of law enforcement officers serve the public with honor and distinction,” said Acting Special Agent in Charge Ray Brown of the Atlanta ATF Field Office. “Officers like these unfortunately tarnish the badge of the committed men and women of law enforcement. These individuals will now have to face the consequences for their deplorable actions. ATF will remain on the frontline of preventing violent crime through the dynamic level of law enforcement cooperation with our partners.”
Seven defendants who have been sentenced were active law enforcement officers during the time when they protected drug deals. Once the officers were arrested in February 2013, they were fired and are no longer police officers. All pleaded guilty before a federal judge. Those sentenced were:
- Kelvin Allen, 42, of Atlanta, Ga., an officer with the Atlanta Police Department, was sentenced to five years in prison to be followed by five years of supervised release;
- Dennis Duren, 32, of Atlanta, Ga., an officer with the DeKalb County Police Department, was sentenced to seven years in prison to be followed by five years of supervised release;
- Dorian Williams, 25, of Stone Mountain, Ga., an officer with the DeKalb County Police Department, was sentenced to seven years in prison to be followed by five years of supervised release;
- Victor Middlebrook, 44, of Jonesboro, Ga., a Forest Park Police Department Sergeant, was sentenced to seven years in prison to be followed by five years of supervised release;
- Marquez Holmes, 45, of Jonesboro, Ga., a MARTA Police Department Officer, was sentenced to five years in prison to be followed by five years of supervised release;
- Denoris Carter, 42, of Lithonia, Ga., a Stone Mountain Police Department Officer, was sentenced to three years, one month in prison to be followed by five years of supervised release; and
- Federal Protective Services Officer Sharon Peters, 43, of Lithonia, Ga., was sentenced to three years in prison to be followed by five years of supervised release.
Also sentenced this week were two defendants who were former DeKalb County Sheriff’s Office jail officers at the time they protected the purported drug deals:
- Monyette McLaurin, 37, of Atlanta, Ga., was sentenced to six years in prison to be followed by five years of supervised release; and
- Chase Valentine, 44, of Covington, Ga., was sentenced to two years, nine months in prison to be followed by five years of supervised release.
Also sentenced were four defendants who were not law enforcement officers, but who participated in the drug transactions:
- Elizabeth Coss, 35, of Atlanta, Ga., was sentenced to six months in custody to be followed by six months of home confinement, and five years of supervised release;
- Gregory Lee Harvey, 26, of Stone Mountain, Ga., was sentenced to nine years in prison to be followed by five years of supervised release;
- Alexander B. Hill, 22, of Ellenwood, Ga., was sentenced to five years in prison to be followed by five years of supervised release; and
- Jerry B. Mannery, Jr., 38, of Tucker, Ga., was sentenced to four years in prison to be followed by three years of supervised release.
According to United States Attorney Yates, the charges, and other information presented in court: The undercover operation arose out of an ATF investigation of an Atlanta, Ga., area street gang in August 2011. ATF agents learned from an individual associated with the gang that police officers were involved in protecting the gang’s criminal operations, including drug trafficking crimes. According to this cooperating individual, the officers—while wearing uniforms, driving police vehicles, or otherwise displaying badges—provided security to the gang members during drug deals.Three individuals, while not law enforcement officers themselves, provided the cooperator with the names of police officers who wanted to provide security for drug deals. Once these officers were identified, FBI and ATF agents arranged with the cooperator for the officers to provide security for drug transactions that were described in advance to involve the sale of multiple kilograms of cocaine. The police officers, almost always wearing their uniform and displaying a weapon and occasionally in their police vehicles, patrolled the parking lots where the deals took place and monitored the transactions. These transactions were audio and video recorded.
Specifically, the undercover investigation included the following transactions:
DeKalb County Police Department
Dennis Duren. Between October 2011 and November 2011, then DeKalb County Police Officer Dennis Duren provided protection for what he believed were four separate transactions in the Atlanta area that involved multiple kilograms of cocaine. Duren and a co-defendant accepted cash payments totaling $8,800 for these services. During the transactions, Duren was dressed in his DeKalb County Police uniform and carried a gun in a holster on his belt, as he patrolled on foot in the parking lots in which the undercover sales took place. Duren pleaded guilty to one of those deals, which occurred on November 1, 2011.
Dorian Williams. Between January and February 2013, then DeKalb County Police Officer Dorian Williams provided protection for what he believed were three separate transactions in the Atlanta area that involved multiple kilograms of cocaine. Williams and his co-defendant accepted cash payments totaling $18,000 for these services. During the transactions, Williams was dressed in his DeKalb County Police uniform and carried a gun in a holster on his belt, and he patrolled the parking lots in which the undercover sales took place in his DeKalb Police vehicle. Williams pleaded guilty to one of those deals that occurred on January 28, 2013.
Stone Mountain Police Department
Denoris Carter. Between April and September 2012, then Stone Mountain Police Officer Denoris Carter provided protection for what he believed were five separate transactions in the Atlanta area that involved multiple kilograms of cocaine. For these services, Carter and his co-defendant accepted cash payments totaling $23,500. For all five transactions, Carter wore his Stone Mountain Police uniform. In four of the deals, he arrived in his police cruiser and either patrolled or parked in the parking lots in which the undercover sales took place and watched the transactions. During the final transaction in September 2012, Carter was on foot, displaying a firearm in a holster on his belt, and walked through the parking lot in which the transaction took place while watching the participants. Carter pleaded guilty to one of those deals that occurred on September 20, 2012.
Atlanta Police Department
Kelvin D. Allen. Between June and August 2012, then Atlanta Police officer Kelvin D. Allen provided protection for what he believed were three separate transactions in the Atlanta area that involved multiple kilograms of cocaine. Allen and his co-defendant accepted cash payments totaling $10,500 for their services. For two transactions, Allen dressed in his Atlanta Police uniform and carried a gun in a holster on his belt. Allen patrolled on foot in parking lots in which the undercover sales took place and appeared to be monitoring the transactions. Allen pleaded guilty to one of those deals that occurred on July 6, 2012.
MARTA Police Department
Marquez Holmes. Between August and November 2012, then MARTA Police Department Officer Marquez Holmes provided protection for what he believed were four separate transactions in the Atlanta area that involved multiple kilograms of cocaine. For these services, Holmes and a co-defendant accepted cash payments totaling $9,000. During the transactions, Holmes was dressed in his MARTA Police uniform and carried a gun in a holster on his belt. In two of the transactions, Holmes patrolled on foot in the parking lots in which the undercover sales took place and monitored the transactions. During the other two deals, Holmes drove to the site in his MARTA police cruiser and parked next to the vehicles in which the undercover drug sale took place. Holmes pleaded guilty to one of those deals that occurred on November 8, 2012.
Forest Park Police Department
Victor Middlebrook. Between October to December 2012, then Forest Park Police Sergeant Victor Middlebrook provided protection for what he believed were six separate drug deals in the Atlanta area, each involving multiple kilograms of cocaine. For his services in the first four transactions, Middlebook accepted cash payments totaling $13,800. During these transactions, Middlebrook wore plain clothes, but displayed his badge and a firearm in a holster on his belt. He patrolled on foot in the parking lots nearby the vehicles in which the undercover sales took place and appeared to be monitoring the transactions. Middlebrook pleaded guilty to one of those deals that occurred on December 7, 2012.
DeKalb County Sheriff’s Office
Monyette McLaurin. In January 2013, former DeKalb County Sheriff Jail Officer Monyette McLaurin provided protection for what he believed were two separate drug transactions in the Atlanta area that involved multiple kilograms of cocaine. For his services, McLaurin and a co-defendant were paid $12,000 in cash. During a meeting to discuss future drug transactions, McLaurin falsely represented that he was a deputy employed by the DeKalb Sheriff’s office, even though his position as a jail officer ended in 2011. During the two transactions McLaurin was dressed in a DeKalb County Sheriff’s Office uniform with a badge, and he carried a gun in a holster on his belt. McLaurin pleaded guilty to one of those deals that occurred on January 3, 2013.
Chase Valentine. In January 2013, former DeKalb County Sheriff’s Jail Officer, Chase Valentine, helped McLaurin and another co-defendant, Gregory Lee Harvey, provide security for what he believed were drug deals. Like McLaurin, Valentine falsely represented himself to be a DeKalb County Sheriff’s Deputy, even though his position as a jail officer ended in 2010. Valentine provided security for one undercover drug transaction on January 17, 2013, during which he wore a DeKalb Sheriff’s Office uniform and a pistol in a holster on his belt. Valentine pleaded guilty to that one deal, which occurred on January 17, 2013.
Gregory Lee Harvey. In December 2012, Harvey falsely represented that he was a DeKalb County detention officer and protected what he believed were two multiple kilogram deals of cocaine while wearing a black shirt with the letters “SHERIFF” printed across the back. After this, Harvey stated that he knew other police officers who wanted to protect drug deals, and in January 2013 he introduced McLaurin as one of these officers. Harvey protected a total of seven separate transactions and pleaded guilty to one transaction, which occurred on December 17, 2012.
Federal Protective Services
Sharon Peters. In November 2012, Sharon Peters, who was then a contract officer for the Federal Protective Services provided protection for what she believed were two separate transactions in the Atlanta area that involved multiple kilograms of cocaine. For these services, Peters and a co-defendant accepted cash payments totaling $14,000. For both transactions, Peters parked her vehicle nearby the cars where the sham drugs and money were exchanged, and watched the transactions. Peters pleaded guilty to one of those deals that occurred on November 19, 2012.
Imposter Clayton County Police Officer
Alexander B. Hill. Between December 2012 and January 2013, Alexander B. Hill falsely represented himself to be an officer with the Clayton County Police Department while providing security for what he believed were three separate drug transactions in the Atlanta area that involved multiple kilograms of cocaine. During an initial meeting, Hill wore a uniform that appeared to be from Clayton Police, but during the transactions he wore plain clothes and, for at least the first deal, a badge displayed on his belt. For these services, Hill received payments totaling $9,000 in cash. Hill pleaded guilty to one of those deals that occurred on December 20, 2012.
The Recruiters
Jerry B. Mannery, Jr. Mannery never presented himself as a law enforcement officer, but he introduced corrupt officers Carter and Peters to the informant, and coordinated the drug deals that those officers’ protected. Mannery, along with one or more corrupt law enforcement officer, provided security for what he believed were ten separate drug transactions in the Atlanta area that involved multiple kilograms of cocaine. For these services, Mannery and his co-defendants received payments totaling over $30,000 in cash. Mannery pleaded guilty to drug conspiracy for deals occurring between April 9, 2012 and February 1, 2013.
Elizabeth Coss. Like Mannery, Coss never presented herself as a law enforcement officer, but instead introduced corrupt officers Holmes and Williams to the informant. Coss, along with one of the two corrupt law enforcement officers, provided security for what she believed were five separate drug transactions in the Atlanta area that involved multiple kilograms of cocaine. For these services, Coss and her co-defendants received payments totaling over $17,000 in cash. Coss pleaded guilty to one drug deal that occurred on August 15, 2012.
These cases were investigated by special agents of the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant United States Attorneys Kim Dammers and Brent Alan Gray prosecuted these cases.
For further information please contact the U.S. Attorney's Public Information Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney's Office for the Northern District of Georgia is www.justice.gov/usao/gan.Nigerian Man Sentenced for Wire Fraud and Identity TheftRead the Press Release
HOUSTON – Olusegun Abayomi Martins, 36, a Nigerian citizen residing in Houston, has been ordered to federal prison for his convictions of conspiracy to commit wire fraud and aggravated identity theft, announced United States Attorney Kenneth Magidson. He pleaded guilty May 13, 2014.
Today, U.S. District David Hittner, who accepted the plea, handed Martins a sentence of 18 months for the wire fraud conspiracy. He was further ordered to serve a mandatory and consecutive two years for aggravated identity theft resulting in a total sentence of 42 months in federal prison. He is expected to face deportation proceedings following completion of the prison term. He was also ordered to pay $64,565 in restitution to the victims.
Beginning in January 2011 and continuing through September 2013, Martins obtained fraudulent credit cards that utilized stolen identities and ran them through his storefront, First Choice Automotive on Empanada Drive in Houston. Martins knew the credit cards had been fraudulently obtained and ran the cards for money when no transaction had actually occurred. Furthermore, Martins knew the credit cards were run for amounts that greatly exceeded amounts of typical legitimate transactions.
Martins also opened multiple merchant processing accounts in order to extend the life of the fraudulent scheme.
The case was investigated by the U.S. Postal Inspection Service. Assistant U.S. Attorney Julie Searle is prosecuting.
New York Man Sentenced to One Year for Threatening Former Business PartnerRead the Press Release
PHILADELPHIA - Roger Eichenholtz, 70, of Westchester County, New York, was sentenced today to 12 months in prison for making threats over the Internet. He pleaded guilty April 28, 2014 to sending threatening communications through interstate commerce. After losing civil litigation over a business, Eichenholtz sent a numbering of harassing emails to his opponents, located in Chester County, PA, threatening further litigation. On September 24, 2013, Eichenholtz sent another email threatening civil and criminal litigation. He concluded the email with the following:
PLAN B- if for some unforeseen miracle, you escape justice, I have access to a “Side Bolt 45.cal with 6 silver bullets that have your name on them.”
In addition to the prison term, U.S. District Court Judge Paul S. Diamond ordered three years of supervised release, a $100 special assessment, and ordered the defendant be taken into immediate custody.
The case was investigated by Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Michael L. Levy.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525New Orleans Man, Robert Taylor, Sentenced for Armed Bank RobberyRead the Press Release
U.S. Attorney Kenneth Allen Polite, Jr. announced today that ROBERT TAYLOR, 35, a resident of New Orleans, was sentenced by Chief U.S. District Judge Sarah S. Vance to a term of 170 months imprisonment, followed by five years of supervised release. In addition to the term of imprisonment, TAYLOR was ordered to pay $65,505.00 in restitution to Capital One Bank.
On May 1, 2014, TAYLOR pled guilty to armed bank robbery and to violating the Federal Gun Control Law by illegally brandishing a firearm during a robbery. According to court documents, on July 6, 2011, TAYLOR and his accomplices entered and robbed the Capital One Bank located at 6357 Elysian Fields Avenue in New Orleans stealing $65,505.00. During the robbery, the robbers drew, displayed and brandished their weapons, pointing them at customers and tellers, all while demanding all of their money.
This case was investigated by the Special Agents of the Federal Bureau of Investigation, and prosecuted by Assistant United States Attorney Tony Gordon Sanders, of the Violent Crimes Unit.
Muscogee (Creek) Nation Second Chief Charged with Embezzlement from TribeRead the Press Release
TULSA, Okla. — Muscogee (Creek) Nation Second Chief Roger Dana Barnett, 53, of Bristow, was arrested by the Federal Bureau of Investigation earlier today in relation to Federal charges alleging embezzlement of approximately $150,000 from the Tribe, announced Danny C. Williams, Sr., United States Attorney for the Northern District of Oklahoma.
The Indictment, unsealed today, alleged Barnett embezzled, misapplied, and converted to his personal use more than $1,000 of moneys and funds belonging to the Muscogee (Creek) Nation from April 2013 through April 2014. Barnett appeared today in Federal court before United States Magistrate Judge Frank H. McCarthy.
The FBI investigation was initiated after Muscogee (Creek) Nation officials contacted Federal authorities to report the possible misuse of tribal funds. If convicted, the maximum penalty is five years imprisonment and a fine of $250,000. Parole has been abolished in the Federal system.
The Federal Bureau of Investigation is the investigating agency. Assistant United States Attorneys Trent Shores and Shannon Cozzoni are prosecuting this matter on behalf of the United States.
A Grand Jury Indictment is one method of charging a defendant with alleged violations of Federal Law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendants’ presumption of innocence.
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Murder for Hire Co-Defendants Sentenced to 15 and 10 Years in PrisonRead the Press Release
Contact Person: Nathan Williams (843) 727-4381
Columbia, South Carolina -----United States Attorney Bill Nettles stated today that Wendy Annette Moore, age 38, and Christopher Austin Latham, age 51, both of Sullivan’s Island, were sentenced for their roles in a Murder for Hire plot that took place in April 2013.
Following a February 2014 jury trial Moore was convicted of Conspiracy and Use of Interstate Facilities in the Commission of Murder for Hire under 18 U.S.C. §§ 1958(a), 1958(b); Solicitation of Murder for Hire under 18 U.S.C. § 373; and Possession of a Firearm in Furtherance of a Crime of Violence under 18 U.S.C. §924(c). Latham was convicted of a single count of Use of Interstate Facilities in the Commission of Murder for Hire under 18 U.S.C. §§ 1958(a). Both were sentenced this week by United States District Judge Richard M. Gergel. Moore was sentenced to 15 years imprisonment, followed by 3 years supervised release. Latham was sentenced to 10 years imprisonment, to be followed by 3 years of supervised release.
The convictions and sentences are the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Federal Bureau of Investigations; and the City of Charleston Police Department. Assistant United States Attorneys Nathan Williams and Rhett DeHart of the Charleston office prosecuted the case.Mount Airy Man Admits to Robbing Four Gas Stations and Stealing A CarRead the Press Release
Baltimore, Maryland – Joshua Payne, age 21, of Mount Airy, Maryland, pleaded guilty today to four counts of robbery and one count of using a firearm during a robbery.The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Carroll County Sherriff Ken Tregoning; Frederick County Sheriff Charles A. "Chuck" Jenkins; Major Gary Gardner, Chief of the Howard County Police Department; Carroll County State’s Attorney Jerry Barnes; Frederick County State’s Attorney J. Charles Smith; and Howard County State’s Attorney Dario Broccolino.
According to his plea agreement, from November 27 to December 1, 2013, Payne pointed a handgun - which he stole from his brother - at the cashiers of the following gas stations in Maryland: Shell gas station, 649 Lakeview Drive, Mount Airy; High’s gas station, 6700 Sykesville Road, Eldersburg; and BP gas station, 15882 Frederick Road, Lisbon. He stole hundreds of dollars from the cash registers.
On December 6, Payne returned to the Shell gas station on Lakeview Drive in Mount Airy, and threatened the cashier with a long kitchen knife, taking approximately $690 from the register.
Payne also admits that on November 29, 2013, he pointed a gun at a driver of a car and stole the car, along with the owner’s two cell phones.
Payne and the government have agreed that if the Court accepts the plea agreement, Payne will be sentenced to 13 and half years in prison. U.S. District Judge William D. Quarles, Jr. scheduled his sentencing for October 22 , 2014 at 1:00 p.m.
United States Attorney Rod J. Rosenstein commended the FBI, the Carroll and Frederick County Sheriff’s Offices, Howard County Police Department, and the Carroll, Frederick and Howard County State’s Attorney=s Offices for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Scott A. Lemmon and Bonnie S. Greenberg, who are prosecuting the case.
Mexican National Pleads Guilty to Falsely Claiming American CitizenshipRead the Press Release
LAFAYETTE, La. –A man from Mexico pleaded guilty to charges that he falsely claimed to be an American citizen, U.S. Attorney Stephanie A. Finley announced today.
Luis Alberto Hernandez, 32, of Mexico, pleaded guilty before U.S. District Judge Richard T. Haik to one count of false claim of U.S. citizenship. According to evidence presented at the guilty plea, law enforcement agents learned that illegal aliens were returning to the Abbeville area from working on an offshore oil rig located 85 miles off the coast in the Gulf of Mexico. Upon being questioned on March 15, 2014, Hernandez said he was originally from Texas. He gave agents a false name, Social Security number, and Louisiana identification card. He later admitted his true name as well as being a citizen of Mexico.
Hernandez faces three years in prison, one year of supervised release and a $250,000 fine. A sentencing date was not set.
Homeland Security Investigations and the Vermilion Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Kelly P. Uebinger is prosecuting the case.
Manteca Woman Pleads Guilty to Filing False Claims for RefundsRead the Press Release
SACRAMENTO, Calif. — Esther Lynne Robertson, 57, of Manteca pleaded guilty today to filing false claims for federal tax refunds, United States Attorney Benjamin B. Wagner announced.
According to the plea agreement, in 2008, Robertson’s tax preparer suggested a way to get money from the government by claiming large refunds based on fictitious Form 1099-OID withholdings. Because of that suggestion, Robertson filed two false federal income tax returns: one for tax year 2005 claiming a $90,538 refund, and one for 2007 claiming a $313,248 refund. Based on the false statements, the IRS sent Robertson a check for $313,248. In February 2009, the IRS discovered the error and issued a levy to Robertson’s bank for the balance in the bank account. In September 2011, Robertson filed a false lien against the property of the IRS commissioner.
“Filing of false claims to the IRS to inflate your tax refund is a crime taken very seriously by IRS-CI,” said José M. Martínez, Special Agent in Charge, IRS-Criminal Investigation. “This is not your typical false claims case against the government; it exceeded most salaries of hard-working, tax-abiding citizens. IRS-CI will partner with the other divisions within IRS to collect the funds stolen by Robertson.”
This case is the product of an investigation by IRS-Criminal Investigation and the Treasury Inspector General for Tax Administration (TIGTA). It is being prosecuted by Trial Attorney Ignacio Perez de la Cruz of the Justice Department’s Tax Division and Assistant U.S. Attorney Matthew Segal in the Eastern District of California.
Robertson is scheduled to be sentenced over a year from now on September 23, 2015, by United States District Judge Kimberley J. Mueller. Robertson faces a maximum of five years in prison and a $250,000 fine. The actual sentence, however, will 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.
Manager of Adoption Agency Pleads Guilty to Ethiopian Adoption Fraud SchemeRead the Press Release
A former foreign program director of International Adoption Guides Inc. (IAG), an adoption agency, pleaded guilty today to conspiring with others to defraud the United States by paying bribes to foreign officials and submitting fraudulent documents to the State Department for adoptions from Ethiopia.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney William N. Nettles for the District of South Carolina made the announcement. The guilty plea was entered by U.S. District Court Judge Sol Blatt Jr. of the District of South Carolina.
Alisa Bivens, 42, admitted as part of her plea that she and her co-conspirators submitted fraudulent documents to the State Department to facilitate adoptions of Ethiopian children by U.S. parents from 2006 until 2009. In support of U.S. visa applications for the Ethiopian children, Bivens and others submitted false documentation, including contracts of adoption signed by orphanages that could not properly give the children up for adoption because, for example, the child in question was never cared for or never resided at the orphanage.
In entering her guilty plea, Bivens also admitted that she and others paid bribes to two Ethiopian officials so that those officials would help with the fraudulent adoptions. The first of these two foreign officials, an audiologist and teacher at a government school, accepted money and other valuables in exchange for providing non-public medical information and social history information for potential adoptees to the conspirators. The second foreign official, the head of a regional ministry for women’s and children’s affairs, received money and all-expenses-paid travel in exchange for approving IAG’s applications for intercountry adoptions and for ignoring IAG’s failure to maintain a properly licensed adoption facility. Sentencing for Bivens will be scheduled at a later date.
This ongoing investigation is being conducted by the Bureau of Diplomatic Security. The case is being prosecuted by Trial Attorney John W. Borchert of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jamie Lea Schoen for the District of South Carolina.Laurel Woman Sentenced for Stealing Social Security Benefit ChecksRead the Press Release
Greenbelt, Maryland – U.S. District Judge Peter J. Messitte sentenced Yolando Guerrero, age 59, of Laurel, Maryland today to a year and a day in prison followed by three years of supervised release for theft of government property. Judge Messitte also entered an order that Guerrero pay restitution of $335,197.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Michael McGill of the Social Security Administration (SSA) - Office of Inspector General, Philadelphia Field Division; and Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
According to her plea agreement, Guerrero lived with an individual, who she considered to be her adopted mother, in Silver Spring, Maryland. The individual received social security retirement benefits. A few months before the individual’s death on October 17, 1994, Guerrero became the individual’s representative payee, and was required to spend the individual’s social security benefits on the individual’s behalf, and to report the individual’s death.Instead, Guerrero failed to report the individual’s death in numerous forms that she filed with the SSA subsequent to the individual’s death. Law enforcement interviewed Guerrero on October 22, 2013. Guerrero initially claimed that the individual was still alive, but later in the interview admitted that the individual had died many years prior. From October 1994 to October 2013, Guerrero admitted that she cashed a total of $335,197 in SSA checks that had been mailed to the individual, and used the money for her own benefit, including payment of her rent, taxes, car insurance, and to raise her children and grandchildren.
United States Attorney Rod J. Rosenstein praised the Social Security Administration - OIG and HSI Baltimore for their work in the investigation, and thanked Special Assistant U.S. Attorney Paul K. Nitze, who prosecuted the case.Las Vegas Man Receives Federal Prison Sentence for Falsifying Vehicle Emissions Test RecordsRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man was sentenced today to six months in prison, three years of supervised release, and six months of home confinement for falsifying vehicle emission test results for over 1,000 vehicles, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Henry Alberto Batista, 30, was sentenced by Senior U.S. District Judge Lloyd D. George, and he was permitted to self-surrender to prison by Oct. 3, 2014. Batista pleaded guilty in March to one count of making a false statement to a government agency. Batista’s brother, Luis Batista, also pleaded guilty to making a false statement to a government agency, and was sentenced in May to time served and three years of supervised release. Luis Batista served approximately seven months in prison and is now on home confinement.
“The Batista cases are a continuation of the District of Nevada’s efforts to prevent emissions fraud,” said U.S. Attorney Bogden. “Ten individuals were convicted of this type of offense in Nevada between 2010 and 2012. We will continue to work with the EPA and our other law enforcement partners to protect the public and the environment.”
"Complete and accurate tests of vehicle emissions are necessary to reduce harmful air pollutants," said Jay M. Green, Special Agent in Charge of EPA's criminal enforcement program in Nevada. "The violations in this case took place in Clark County, Nev., which has been designated a 'serious' nonattainment area for carbon monoxide from vehicle emissions. Violators who submit false reports or incorrect data undermine EPA's commitment to protecting clean air for all Americans.”
According to the plea agreement, Batista was a licensed Nevada emissions inspector. Between July 2009 and Dec. 19, 2012, while he was working for a company in Las Vegas that was licensed by the Nevada Department of Motor Vehicles (DMV) to conduct emissions testing, he knowingly made false material statements, representations, or certifications in approximately 1600 records. Batista falsified emissions certificates for vehicles that could not pass the emissions tests by using substitute vehicles that would pass the test or by using a computer programmed emulator to deceive the emissions analyzer into accepting data for the vehicle that could not pass the test.
The cases became a priority in 2008 when the DMV hired a contractor to build a vehicle identification database to find possible emissions testing fraud. DMV discovered that in 2008 alone, there were over 4,000 false vehicle emissions certificates issued in Las Vegas. The Database allows investigators to check the vehicle identification number that the emissions tester enters against the vehicle actually tested. The Clean Air Act requires Las Vegas and the surrounding Clark County, as part of their State Implementation Plan, to have emissions testing because the area is in serious non-attainment for carbon monoxide and ozone. The Batista case presented new challenges to Nevada DMV because of the sophisticated technology used by the Batistas which allowed them to use computer software to simulate the presence of a real vehicle and transmit false information to the emissions analyzer equipment.
The case was investigated by the EPA, Nevada DMV, and FBI. The case was prosecuted by Assistant United States Attorney Roger Yang and Senior Trial Attorney J. Ronald Sutcliffe of the Justice Department’s Environmental Crimes Section.
Lakeside Park Man Sentenced to 78 Months for Possession of A Firearm in Furtherance of Drug TraffickingRead the Press Release
COVINGTON, KY - A Lakeside Park man has been sentenced to 78 months in federal prison, for selling crack cocaine and possessing a firearm in furtherance of drug trafficking.
U.S. District Judge Amul Thapar sentenced 56 year-old Michael Robinson to 78 months in prison and placed him on supervised release for 10 years after he completes his prison term.
Robinson admitted to distributing crack cocaine in Kenton and Campbell Counties in 2012 and 2013. He also possessed crack cocaine and a loaded firearm at the time of his arrest, on November 12, 2013. Robinson acknowledged that he intended to sell the crack cocaine and that he possessed the firearm to assist him in his drug trafficking.
Robinson was previously convicted of selling cocaine in Kenton County in 2004 and had received a prison term of five years for that offense.
.Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, and Stuart L. Lowrey, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms & Explosives (Louisville Field Division), jointly announced the sentence.
Robinson entered his guilty plea on April 9, 2014. Under federal law, Robinson must serve at least 85 percent of his prison sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, & Explosives, the Covington Police Department, and the Campbell County Drug Task Force. The U.S. Attorney’s Office was represented in the case by Assistant U.S. Attorney Tony Bracke.