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Friday 14 March 2014
Broken Arrow Man Pleads Guilty to Theft of Government FundsRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that BOBBY GENE SMITH, age 43, of Broken Arrow, Oklahoma, pled guilty to an Information charging him with Theft Of Government Funds, in violation of Title 18, United States Code, Section 641.
The charge arose from an investigation by the United States Department of Labor, Office of Inspector General.
The Information alleged that from on or about May 8, 2010 to on or about May 7, 2011, in the Eastern District of Oklahoma, the Defendant, did willfully and knowingly embezzle, steal and convert to his own use, money and things of value from the Oklahoma Employment Security Commission, an agency receiving and administering funds on behalf of the United States, which had been paid to the defendant as unemployment insurance compensation benefits to which the defendant knew he was not entitled, and having a value in excess of $1,000.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report. Sentencing will be scheduled upon its completion. The defendant remains on bond pending sentencing.
The statutory range of punishment is not more than 10 years imprisonment, followed by 3 years of supervised release and a possible fine of up to $250,000.00.
Assistant United States Attorney Kyle Waters represented the United States.
Brevard County Man Arraigned on Child Exploitation ChargesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Jonathan Tyler Prive (25, West Melbourne) was arraigned today in federal court on an indictment charging him with one count of online enticement of a minor and one count of attempted online enticement of a minor. If convicted, Prive faces a mandatory minimum sentence of 10 years’ imprisonment, up to life in prison.
According to the indictment, on September 9, 2013 through September 10, 2013, Prive used a means of interstate commerce to induce and coerce a minor individual into engaging in illegal sexual activity. Prive attempted to engage in this same conduct again on November 4, 2013 through November 5, 2013.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Brevard County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It will be prosecuted by Assistant United States Attorney Andrew C. Searle.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Billings and Hardin Meth Case Draws Prison TermRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 5, 2014, before U.S. District Judge Susan P. Watters, TIMOTHY M. FAHRENBRUCK, 53, of Billings, was sentenced to a term of:
Prison: 30 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
Assistant U.S. Attorney Brendan McCarthy advised the Court that in September of 2011, DEA agents began an investigation into the sale of methamphetamine in the Hardin, Montana area by an individual with the initials L.S. Agents utilized a wiretap to intercept L.S.'s phone calls. During the course of the investigation, agents learned that L.S. was being supplied by the defendant, Timothy Fahrenbruck. DEA agents then utilized a court-authorized wiretap to intercept Fahrenbruck's phone calls.
In November of 2011, agents executed a search warrant at Fahrenbruck's residence in Billings and recovered one ounce of methamphetamine. Fahrenbruck then provided a statement to law enforcement agents.
Fahrenbruck distributed methamphetamine in the Billings and Hardin areas from 2002 until November of 2011. In 2002, Fahrenbruck first began receiving ounce quantities of methamphetamine every two to three weeks from his main source of supply. However, beginning in 2004 and ending in late 2011, Fahrenbruck received approximately one pound of methamphetamine every month from his main source of supply as well as methamphetamine from other sources of supply. Fahrenbruck then re-distributed the methamphetamine to other individuals.
The case was investigated by the Drug Enforcement Administration with the assistance of other federal, state and local authorities.
Bakken Meth Dealer Sentenced to 10 YearsRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on March 5, 2014, before Senior U.S. District Judge Donald W. Molloy, ANTHONY JOSEPH RUNGO, a 48 year-old resident of Roseburg, Oregon, was sentenced to a term of:
Prison: 121 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, the government stated it would have proved at trial the following:
In May of 2013, agents with the Montana Division of Criminal Investigations (MDCI) began an investigation into the sale of methamphetamine by the defendant in the Richland County, Montana area.
On May 30, 2013, agents used a confidential informant to purchase methamphetamine from Rungo in Sidney, Montana. The methamphetamine was subsequently sent to the DEA Laboratory for analysis, and the lab report indicated that the amount of actual (pure) methamphetamine was 5.1 grams.
On June 6, 2013, the confidential informant again made arrangements to meet with Rungo in Sidney, Montana for the purpose of purchasing methamphetamine. During this transaction, the confidential informant also introduced an undercover MDCI agent to the defendant. The informant and the undercover agent each purchased methamphetamine from Rungo. The methamphetamine was subsequently sent to the DEA Laboratory, and the lab report indicated that the combined actual (pure) amount of methamphetamine was 9.3 grams.
The undercover agent then made arrangements to purchase more methamphetamine. On June 17, 2013, the undercover agent purchased methamphetamine from Rungo in Fairview, Montana. The methamphetamine was also sent to the DEA Laboratory, and the lab report indicated that the actual (pure) amount of methamphetamine was 5 grams.
The undercover agent then contacted the defendant and discussed purchasing two ounces of methamphetamine. They agreed to meet on July 10, 2013 in Fairview, Montana to make the transaction. When the meeting took place Rungo was a passenger in a vehicle registered to him that was pulled over by Montana Highway Patrol. On July 12, 2013, MDCI agents obtained a search warrant for the Rungo's vehicle. Inside the cigarette box in the center counsel, agents seized approximately two ounces of methamphetamine. The methamphetamine was sent to the DEA Laboratory, and the lab report indicated that the actual (pure) amount of methamphetamine was 52.8 grams.
Bakersfield Man Indicted for Smuggling Drugs into Taft Correctional Facility While Working as Correctional OfficerRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment Thursday against Ramon Cano, 27, of Bakersfield, charging him with acceptance of a bribe by a federal official and possession with intent to distribute heroin and methamphetamine, United States Attorney Benjamin B. Wagner announced.
According to court documents, in November 2013, a federal inmate at Taft Correctional Institution contacted TCI investigators and told them that Cano, a full time contract correctional officer at TCI, was involved in smuggling heroin and methamphetamine into the prison in return for payments of cash.
According to the criminal complaint, on February 27, 2014, Cano met with an undercover agent in Bakersfield who provided Cano with $4,000 and an ounce of methamphetamine and an ounce of heroin that Cano agreed to smuggle into the federal prison. After the transaction, Cano was arrested as he walked back to his vehicle.
This case is the product of an investigation by the Federal Bureau of Investigation and the U.S. Department of Justice Office of the Inspector General. Assistant United States Attorney Brian K. Delaney is prosecuting the case.
If convicted, Cano faces a maximum statutory penalty of 40 years in prison and a $5 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Anchorage Felon Sentenced for Firearm PossessionRead the Press Release
Anchorage, Alaska – Acting U.S. Attorney Kevin R. Feldis announced today that Alondo Mark Modeste, a resident of Anchorage, has been sentenced in federal court in Anchorage to 48 months in prison for his conviction of felon in possession of a firearm.
United States District Court Judge Timothy M. Burgess imposed the sentence on 30 year-old Modeste.
According to information presented to the court by Special Assistant United States Attorney Erin Bradley, who prosecuted the case, Modeste possessed a Smith & Wesson .357 caliber revolver and a Taurus 45 caliber revolver on April 18, 2012. Law enforcement discovered the firearms at the Merrill Field Inn. The Taurus revolver was found in Modeste’s vehicle, and the Smith & Wesson revolver was found in a snow bank outside of a window of the motel that Modeste had leapt from. In 2005, Modeste was convicted of manslaughter in the Superior Court for the State of Alaska, Third Judicial District. As a convicted felon, he was prohibited from possessing firearms.
Prior to imposing sentence, Judge Burgess noted the serious nature of the offense, the defendant’s history and the need to protect the public and to deter future crimes of this nature.
Mr. Feldis commends the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Anchorage Police Department for the investigation leading to the convictions in this case. Special Assistant U.S. Attorney Bradley is a prosecutor in the U.S. Attorney’s Office funded by the Municipality of Anchorage for the purpose of prosecuting gang-related and violent crime cases.
Alabama Pest Control Company and Its Owner Plead Guilty to Unlawful Application of Pesticides at Georgia Nursing HomesRead the Press Release
Steven A. Murray, 54, of Pelham, Ala., and his company, Bio-Tech Management Inc., pleaded guilty today in federal court in Macon, Ga., to charges of conspiracy, unlawful use of pesticides, false statements and mail fraud in connection with the misapplication of pesticides in Georgia nursing homes, announced Acting Assistant Attorney General Robert G. Dreher of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.
According to the plea agreement, from October 2005 to June 2009, Murray and Bio-Tech provided monthly pest control services to nursing homes in Georgia by spraying pesticides in and around their clients’ facilities. Bio-Tech employees routinely applied the pesticide Termidor indoors, contrary to the manufacturer’s label instructions. After the Georgia Department of Agriculture made inquiries regarding Bio-Tech’s misuse of Termidor and other pesticides, Murray directed several of his Bio-Tech employees to alter company service reports with the intent to obstruct an investigation.
“These defendants misapplied potentially harmful pesticides around senior citizens and conspired to obstruct an investigation by state and federal law enforcement,” said Acting Assistant Attorney General Dreher. “It is essential that companies and individuals who handle pesticides do so lawfully and honestly, and those that fail to do so will be held accountable under the law.”
“When our loved ones make the transition to a nursing home, the last thing any of us wants to worry about is whether our parents or grandparents are being subjected to improperly applied chemicals,” said U.S. Attorney Moore. “When Mr. Murray and his company used this pesticide like they did, they created a potentially harmful situation for the residents and another reason to worry for the residents’ families.”
“The defendants took advantage of some of our most vulnerable citizens by deliberately applying pesticides contrary to federal law in nursing homes around the state of Georgia,” said Maureen O'Mara, Special Agent in Charge of EPA's Criminal Enforcement Program in Georgia. “What is even more shameful is they then took steps to conceal it. This plea agreement shows that we will not tolerate individuals or companies who put profit over protection.”Alabama Pest Control Company and Its Owner Plead Guilty to Unlawful Application of Pesticides at Georgia Nursing HomesRead the Press Release
WASHINGTON – Steven A. Murray, 54, of Pelham, Ala., and his company, Bio-Tech Management Inc., pleaded guilty today in federal court in Macon, Ga., to charges of conspiracy, unlawful use of pesticides, false statements and mail fraud in connection with the misapplication of pesticides in Georgia nursing homes, announced Acting Assistant Attorney General Robert G. Dreher of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.According to the plea agreement, from October 2005 to June 2009, Murray and Bio-Tech provided monthly pest control services to nursing homes in Georgia by spraying pesticides in and around their clients’ facilities. Bio-Tech employees routinely applied the pesticide Termidor indoors, contrary to the manufacturer’s label instructions. After the Georgia Department of Agriculture made inquiries regarding Bio-Tech’s misuse of Termidor and other pesticides, Murray directed several of his Bio-Tech employees to alter company service reports with the intent to obstruct an investigation.
“These defendants misapplied potentially harmful pesticides around senior citizens and conspired to obstruct and investigation by state and federal law enforcement,” said Acting Assistant Attorney General Dreher. “It is essential that companies and individuals who handle pesticides do so lawfully and honestly, and those that fail to do so will be held accountable under the law.”
“When our loved ones make the transition to a nursing home, the last thing any of us wants to worry about is whether our parents or grandparents are being subjected to improperly applied chemicals,” said U.S. Attorney Moore. “When Mr. Murray and his company used this pesticide like they did, they created a potentially harmful situation for the residents and another reason to worry for the residents’ families.”
“The defendants took advantage of some of our most vulnerable citizens by deliberately applying pesticides contrary to federal law in nursing homes around the state of Georgia,” said Maureen O'Mara, Special Agent in Charge of EPA's Criminal Enforcement Program in Georgia. “What is even more shameful is they then took steps to conceal it. This plea agreement shows that we will not tolerate individuals or companies who put profit over protection.”
Inquiries regarding the case should be directed to Pamela Lightsey, United States Attorney's Office at (478) 621-2603.
250th Bay Area Resident Charged with Federal Passport OffenseRead the Press Release
SAN FRANCISCO – Over the past nine months, eight Bay Area residents have been charged with federal passport offenses, announced United States Attorney Melinda Haag and Diplomatic Security Service Special Agent in Charge Dean K. Shear.
According to court records and proceedings, the following eight defendants all misrepresented their identity on applications for United States passports or committed related offenses in violation of either 18 U.S.C. § 1542, false statement in application for a passport, or 18 U.S.C. § 1028, fraud in connection with identification documents:
Eduardo Palomares, of Salinas, Calif., is alleged to have applied for a passport using another person’s birth certificate. Palomares eluded arrest in March, 2013, and remains a fugitive.
Rogelio Gonzalez Garcia, of San Jose, Calif., is alleged to have applied for a passport using another person’s birth certificate. Garcia eluded arrest in May, 2013, and remains a fugitive.
Edith Gonzalez Garcia, of Los Gatos, Calif., was convicted of applying for a passport using another person’s birth certificate. Garcia was arrested in July, 2013, and pleaded guilty on February 19, 2014. Garcia is scheduled to be sentenced on May 22, 2014, at 10:00 a.m. by the Honorable D. Lowell Jensen, United States District Judge, in San Jose.
Enedina Delatorre Billalobos, of Richmond, Calif., is alleged to have applied for a passport using another person’s birth certificate. Billalobos eluded arrest in August, 2013, and remains a fugitive.
Jorge Escamilla, of San Jose, Calif., is alleged to have applied for a passport using another person’s birth certificate. Escamilla was arrested in October, 2013, and his case remains in progress. Escamilla’s next scheduled appearance is set for 8:30 a.m. on March 19, 2014 in front of the Honorable Paul Singh Grewal, United States Magistrate Court Judge, in San Jose.
Vernon Eugene Griffith, formerly of San Mateo, Calif., was convicted of possessing a United States passport that he obtained by providing biographical information belonging to a person who had deceased. Griffith was sentenced to one year of probation in November, 2013, and a fine of $5,000.
Jaime Diaz, of Salinas, Calif., is alleged to have applied for a passport using another person’s birth certificate. Diaz was arrested in November, 2013, and his case was procedurally transferred to federal court in Sacramento – the Eastern District of California – for resolution.
Taekyung Lee, of Santa Clara, Calif., was convicted of lying about her name on a passport application. Lee was arrested on July 10, 2013, and pleaded guilty on October 31, 2013. Lee is scheduled to be sentenced on April 10, 2014, at 10:00 a.m. by the Honorable D. Lowell Jensen, United States District Judge, in San Jose.
These defendants are part of more than 250 Bay Area residents who have been charged with false passport related offenses since 2007. The prosecutions are the result of ongoing investigations by the Diplomatic Security Service.
Anyone with information about false or fraudulently issued passports or entry visas, or the whereabouts of the above fugitives, is encouraged to contact the Diplomatic Security Service at (415) 705-1176.
Please note, charges described in this document contain only allegations and, as with all defendants, the defendants in these cases must be presumed innocent unless and until proven guilty.
10th Defendant Admits Role in $40.8 Million Mortgage Fraud SchemeRead the Press Release
CAMDEN, N.J. – An Ocean County, N.J., man today admitted his role in a $40.8 million mortgage fraud conspiracy in which he used his position as a loan officer of Wells Fargo Home Mortgage Inc. to get the company to release more than $4.6 million based on fraudulent mortgage loan applications, U.S. Attorney Paul J. Fishman announced.
Robert Serao, 48, of Bayville, N.J., pleaded guilty before U.S. District Judge Joseph E. Irenas in Camden federal court to Count One of an indictment charging him with conspiracy to commit wire fraud. He is the 10th defendant to plead guilty in the case.
According to documents filed in this case and statements made in court:
While working in various positions – including branch manager, sales manager and loan officer – within Wells Fargo Home Mortgage Inc., a division of Wells Fargo Bank N.A., Serao entered into a conspiracy with Stephen Corba, Charles Harvath, Joseph Witkowski and others to submit mortgage loans to his employer for financially unqualified “straw buyers” based upon false and fraudulent information contained in Uniform Residential Loan Applications, HUD-1 Forms, tax returns and other documents.
Serao’s conspirators caused fraudulent mortgage loan applications and supporting documents to be submitted to Wells Fargo and numerous other mortgage lenders in various straw buyers’ names, attributing to them inflated income and assets in order to induce the mortgage lenders to approve the loans. Once the loans were approved and the mortgage lenders sent the loan proceeds in connection with the real estate closing on the properties, Serao’s conspirators took a portion of the proceeds from the fraudulent mortgage loans. Wells Fargo Home Mortgage released more than $4.6 million based on fraudulent mortgage loan applications. Serao profited from his role in the conspiracy by increased commissions on the mortgage funds.
Nine of Serao’s conspirators have pleaded guilty to participating in this mortgage fraud conspiracy, including Harvath, Corba, John Siuszko, Michael Williams, William Brown, Mark Kreischer, Crystal Brame, Aku I. Muhammad and George Lachenmayr Jr.
The wire fraud conspiracy charge to which Serao pleaded guilty carries a maximum potential penalty of 30 years in prison and a $1 million fine. Sentencing for Serao is currently scheduled for June 24, 2014.
U.S. Attorney Fishman credited special agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Aaron T. Ford in Newark; and IRS B Criminal Investigation in Mays Landing, under the direction of Acting Special Agent in Charge Jonathan D. Larsen, with the investigation leading to today’s guilty plea.
The pending charges and allegations against any related defendants are merely allegations, and they are considered innocent unless and until proven guilty.
The government is represented by Assistant U.S. Attorney Diana Carrig of the U.S. Attorney’s Office in Camden.
14-087
Defense counsel: Robert A. Weir Jr. Esq. and Edward J. Plaza. Esq. Red Bank, N.J.
Serao Indictment
Thursday 13 March 2014
Wichita Woman Charged with Heroin TraffickingRead the Press Release
WICHITA, KAN. - Federal charges of heroin trafficking were filed today against a Wichita woman, U.S. Attorney Barry Grissom said.
Elease Childers, 28, Wichita, Kan., was charged in a criminal complaint filed in U.S. District Court in Wichita with one count of possession with intent to distribute heroin. The crime is alleged to have occurred March 11 at a residence in the 3900 block of West 17th in Wichita.
An affidavit filed in support of the complaint alleges that on March 11 Wichita police officers executed a warrant at the residence, where they arrested Childers and seized a package containing eight ounces of black tar heroin. Shortly before that, Childers had received the package, which was sent from Los Angeles and delivered by the U.S. Postal Inspection Service. Postal inspectors had detected the heroin when the package was inspected at the postal processing center at 7117 W. Harry.
If convicted, Childers faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
The U.S. Postal Inspection Service and the Wichita Police Department investigated. Assistant U.S. Attorney David Lind is prosecuting.
Waterbury Man Sentenced to Five Years in Federal Prison for Role in Oxycodone Trafficking RingRead the Press Release
Follow @USAO_CT
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that DAVID GAUDIOSI, also known as “Wade,” 29, of Waterbury, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 60 months of imprisonment, followed by three years of supervised release, for trafficking oxycodone.
According to court documents and statements made in court, this matter stems from “Operation Blue Coast,” an investigation headed by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area Task Force into the large-scale trafficking of oxycodone pills from Florida to Connecticut. The investigation revealed that an individual regularly purchased oxycodone from suppliers in Florida, transported the oxycodone to Connecticut by commercial airline or automobile, and sold the pills for profit to various Connecticut-based narcotics dealers. He then transported the proceeds of his oxycodone sales from Connecticut to Florida, either by having a courier drive the money or by using commercial airline flights.
In early 2010, the Florida narcotics trafficker was introduced to GAUDIOSI, who already had been illegally distributing narcotic pills in the Waterbury area. After the meeting, the trafficker began to supply GAUDIOSI with thousands of oxycodone pills on a weekly basis. GAUDIOSI also visited the narcotics trafficker in Florida on multiple occasions to obtain prescriptions for oxycodone from unscrupulous pain clinics, commonly referred to as “pill mills.”
GAUDIOSI was arrested on September 13, 2011. On June 5, 2012, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute oxycodone.
Seventeen individuals, including two law enforcement officers and three Transportation Security Agency officers, have been convicted as a result of this investigation and prosecution.
This matter was investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area Task Force, which included personnel from the Connecticut State Police and the Bridgeport, Milford, Norwalk, Stamford and Westport Police Departments; the DEA in Florida and the U.S. Department of Homeland Security Office of Inspector General. In addition, the U.S. Marshals Service and the Greenwich, Monroe, Danbury and Waterbury Police Departments have assisted the investigation.
This case is being prosecuted by Assistant U.S. Attorney Rahul Kale.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]United States Files Suit Against Fifteen Corporations and Two Individuals for Violating Federal Leak Prevention Requirements at Four Long Island Gas StationsRead the Press Release
Loretta E. Lynch, United States Attorney for the Eastern District of New York, and Judith A. Enck, Regional Administrator, United States Environmental Protection Agency (“EPA”) Region 2, today announced the filing of a federal civil environmental complaint against two individuals, Nedjet Yetim and Rachelann Yetim, and 15 related corporate entities for violations of the federal leak prevention requirements for underground storage tanks at four gas stations on Long Island. The violations alleged in the complaint involve underground storage tanks, which typically contain large quantities of gasoline and waste oil and can cause serious environmental damage if allowed to leak.
“As alleged, these defendants ignored their obligations under federal law to safeguard the public from gasoline and waste oil leaks at their underground storage tanks. These violations demonstrate a serious and longstanding disregard for the environment, for the health and safety of their employees, and for the health and safety of residents of Long Island,” stated United States Attorney Lynch. “We are committed to vigorous enforcement of the laws protecting the environment from hazardous wastes.”
EPA’s Regional Administrator Enck added, “The public should be assured that EPA will not stand idly by while owners and operators of underground storage tanks engage in practices that endanger public health and safety. We will continue to pursue prosecution of these and other violators to the full extent of the law.”
The Yetims are alleged to be principals of several of the named corporate entities and to have personally managed, directed, or conducted matters related to pollution and environmental compliance at the facilities. The corporate defendants, all of which are directly related to the individual defendants or were tenants at the relevant facilities, owned and/or operated the gas stations during the periods of the violations alleged in the complaint.
The complaint alleges there were releases from the tanks at all four facilities, each of which is located above a federally-designated Sole Source Aquifer. Among other criteria, a Sole Source Aquifer is an aquifer that supplies 50% of the drinking water consumed within the Sole Source Aquifer’s boundaries. The Sole Source Aquifer designation is a tool to protect drinking water supplies in areas with few or no alternative sources to the groundwater resources, and where, if contamination occurred, using an alternative source would be extremely expensive. The violations alleged in the complaint do not pose an immediate threat to the drinking water of the area’s residents. However, defendants’ compliance with the federal leak prevention requirements for underground storage tanks is vital to ensure the integrity of tanks and prevent the release of petroleum product to soil and groundwater.
According to the complaint, the defendants, as owners and/or operators of the underground storage tanks at the gas stations, have repeatedly failed to comply with numerous federal requirements under the Resource Conservation and Recovery Act (“RCRA”), including failure to (a) install and operate corrosion protection on the piping systems, (b) implement adequate release detection on the tanks and piping systems, (c) install and operate overfill prevention systems, (d) perform testing of automatic line leak detectors (“ALLDs”) for underground piping, (e) conduct required testing of corrosion protection systems, (f) maintain records regarding release detection, (g) properly cap and secure a temporarily-closed tank, and (h) cooperate with the EPA by responding to the EPA’s requests for information about the underground storage tanks that they owned and/or operated. In its complaint, the government seeks injunctive relief requiring the defendants to comply with all applicable requirements of RCRA, as well as monetary penalties of up to $16,000 per tank for each day of violation.
In enacting Subtitle I of RCRA, Congress declared it to be the national policy to regulate the management and operation of underground storage tanks so as to minimize the threat to human health and the environment. RCRA regulations protect the public from releases from underground storage systems, which typically contain petroleum products, usually waste oils and gasoline. Failure to maintain the underground storage tanks that contain petroleum can result in leaks of gasoline and waste oil, which, in turn, can contaminate groundwater.
The government’s case is being prosecuted by Assistant United States Attorney Kenneth M. Abell, with the assistance of Karen Taylor, Assistant Regional Counsel, EPA.
Individual Defendants:
NEDJET YETIM
Age: 50
Residence: Patchogue, NY
RACHELANN YETIM
Age: 29
Residence: Floral Park, NY
Corporate Defendants:
Fast Gasoline, Inc.
Black Realty, Inc.
Hempstead Gasoline Station, Inc.
Elmont Gasoline Corp.
102 Elmont Realty Corp.
TAG Gasoline, Inc.
Target Petroleum, Inc.
Liberty Petroleum, Inc., (d/b/a as Liberty Petroleum – RGV Petroleum, Inc.)
ASLI & Gizem Realty Corp.
NGRV Realty Co., Inc.
Venus Bukey Realty, Inc.
S&B Petroleum, Inc.
Gizem Realty Corp.
PDE Island Park, Inc.
T-Maxx @ Petro Gas, Inc
Gas Stations:
653 Hempstead Turnpike, Elmont NY
1278 Hempstead Turnpike Elmont, NY
725 Wyandanch Avenue North Babylon, NY
4305 Austin Boulevard, Island Park, NY
United States Attorney’s Office and the Federal Bureau of Investigation Announce Increased Commitment to Fighting Public CorruptionRead the Press Release
Hogsett and Jones dedicate more resources to investigation/prosecution
EVANSVILLE – Joseph H. Hogsett, the United States Attorney and Robert A. Jones, Special Agent in Charge of the Federal Bureau of Investigation Indianapolis Division, announced today a further expansion of investigation and prosecution of instances of public corruption in Hoosier communities or counties. Both the United States Attorney’s Office and the FBI will continue to make protection of the public trust one of their most significant priorities in the Evansville area and through southwestern Indiana.
Just this week, numerous criminal complaints and federal grand jury indictments have been filed as part of this increased commitment. A Putnam County Sheriff’s Deputy was charged with use of excessive force and a Greencastle City Council member was charged with perjury and making false statement to federal law enforcement officials. The head of the Henry County Department of Child Services and New Castle Community School Board member, former Senior Project Manager for the City of Bloomington was the subject of a 24 count Criminal Complaint for allegedly embezzling $800,000 in public monies.
“Today, I am proud to reaffirm our Public Corruption Working Group,” Hogsett said. “This coordinated effort is historic, in terms of having a singular focus on such an important issue – the integrity of our public offices and officeholders.”
In April of 2012, Hogsett announced the formation of the U.S. Attorney’s Office’s Public Integrity Working Group (“PIWG”), a collaborative effort between federal, state and local law enforcement agencies to rid Indiana of the “culture of corruption” that all too often rears its ugly head.
Since its creation, the PIWG has charged 30 public officials for various crimes committed at the local, state and federal levels. 10 of the 30 charged are scheduled for trial in this upcoming year. Individual defendants include two former Indianapolis city councilors, the former deputy chief of the Marion County Prosecutor’s Office, local police officers and sheriff’s deputies, township level officials, employees of the Indiana Bureau of Motor Vehicles, as well as employees of the Internal Revenue Service and the United States Postal Service.
“Our message has been consistent, but bears repeating: it doesn’t matter what your politics are or who you know,” Hogsett noted. “If you violate the public trust, this Working Group will find you, will investigate you and the U.S. Attorney’s Office will then prosecute you to the fullest extent of the law.”
“In spite of the significant success of our efforts against public corruption, we must remain ever vigilant. That is why today the FBI and United States Attorney’s Office is making the commitment to add even more resources to this endeavor.”
“There is no acceptable level of corruption or abuse of power. To this end, earlier this year, the FBI created a new Public Corruption and Civil Rights squad that will conduct more focused efforts on these violations,” stated FBI Special Agent in Charge Robert A. Jones.
Jones further stated, “Of the over 300 violations of federal criminal law investigated by the FBI, few are more important than civil rights. Color of law violations are especially egregious because they erode the community’s trust. The vast majority of police officers are well-trained, professional and exceedingly careful with the use of force. Those few that violate their oath to protect and serve will be held accountable.”
Alongside the additional resources pledged by the FBI, Hogsett announced that the United States Attorney’s Office will devote more prosecutors to bring alleged violations of the public trust to justice.
The Working Group is ably led by the U.S. Attorney’s Office’s Senior Litigation Counsel Bradley Blackington and Steven DeBrota. The lead investigative agency, the FBI, is led by Supervisory Special Agent Mark Mahon. These individuals have been assisted significantly by representatives of the Internal Revenue Service, the United States Department of Labor, the Indiana State Police, the Office of the Indiana Inspector General and the State Board of Accounts.
Hogsett acknowledged the critical role that whistleblowers often play in prosecutions of public corruption. He urged anyone with information relating to criminal activity to contact the U.S. Attorney’s Office public corruption hotline at (317) 229-2443.
“Very often, public corruption prosecutions can be traced back to one anonymous tip,” Hogsett added. “We encourage anyone with knowledge of such behavior to contact the Working Group through this hotline.”
Two Men Sentenced to More Than 60 Years in Prison for First-Degree Murder While Armed and Assault Charges in Shooting at Caribbean FestivalDefendants Fired About A Dozen Shots into Crowd, Killing Innocent BystanderRead the Press Release
WASHINGTON – Deonte Bryant and Terrance Bush, both 22 and of Washington, D.C., were each sentenced today to more than 60 years in prison for first-degree murder while armed and other charges for shooting and killing a man and wounding two other people during a shoot-out at a street festival in Northwest Washington, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
A jury found the men guilty in December 2013 of the murder charge, as well as three counts of assault with intent to kill while armed, one count of aggravated assault while armed, and related gun charges. The verdicts followed a trial in the Superior Court of the District of Columbia. Bryant and Bush were sentenced by the Honorable John Ramsey Johnson. Bryant was sentenced to 60 and ½ years in prison and Bush was sentenced to 61 and ½ years in prison.
According to the government’s evidence, in the late afternoon of June 25, 2011, Bryant and Bush provoked and then participated in a shootout with a member of a rival neighborhood group, striking and injuring the rival, as well as three innocent bystanders who were hit by gunfire as they tried to run away. The shooting took place in broad daylight, during the Caribbean Festival, in the area of the 700 block of Gresham Place NW.
In total, Bryant and Bush fired about a dozen shots into the crowd. One of the innocent bystanders, Robert Foster, Jr., 43, was killed. Another innocent bystander was gravely wounded but survived. The third innocent bystander was shot in the leg and the side but also survived.
The rival, Terry Jimenez, 22, earlier pled guilty to charges in the case. He is awaiting sentencing.
“These murderers unloaded a dozen shots on a crowd of people enjoying a summer afternoon at the Caribbean Festival,” said U.S. Attorney Machen. “Their stunning indifference to human life was responsible for the death of an innocent bystander and serious injuries to two others. These lengthy prison sentences demonstrate our commitment to ending the pointless neighborhood feuds that incite violence and put innocent citizens at risk.”
“This festival was supposed to be a day of celebration, but an innocent bystander was killed and others were injured as a result of gunfire between rivals,” said Chief Lanier. “Hopefully, the sentencing today will provide a sense of closure to the family of the deceased victim and the surviving victims who were impacted by this senseless violence.”
In announcing the sentences, U.S. Attorney Machen and Chief Lanier praised the work of those who worked on the case from the MPD. They also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney and Mia Beamon; Victim/Witness Advocate Meshall Thomas, and Litigation Technology Specialists Leif Hickling and Anisha Bhatia.
Finally, they commended the work of Assistant U.S. Attorneys Jennifer Kerkhoff and Kate Rakoczy, who tried the case, as well as Assistant U.S. Attorney Steven Snyder and former Assistant U.S. Attorney Bruce Hegyi, who indicted the case.
14-064Two Former Officers at Roxbury Correctional Institution Sentenced for ConspiracyRead the Press Release
Dustin Norris and Ryan Lohr, former officers at Roxbury Correctional Institution (RCI) in Hagerstown, Md., were sentenced today for conspiring with other RCI officers on March 9, 2008, in connection with the assault of an inmate at the state prison, identified as K.D. Lohr and Norris were the first two former RCI officers to enter guilty pleas in the federal investigation of the assault and ensuing cover up.
Both Norris and Lohr previously pleaded guilty to conspiracy. Norris admitted that he had conspired with other officers to assault K.D. during the day shift, while Lohr acknowledged that he had agreed with other officers to cover up the day shift officers’ assault. Both Norris and Lohr cooperated with the government during the federal investigation, and testified for the prosecution at the trial of former RCI Sergeant Josh Hummer, who was convicted of obstruction of justice. U.S. District Judge James K. Bredar sentenced Dustin Norris to serve 15 months in prison. Ryan Lohr was ordered to serve one year and one day in prison.
During his testimony at Hummer’s trial and in court documents filed in connection with his respective guilty pleas, Norris admitted that he and other day shift officers had assaulted K.D. in retaliation for a prior incident involving K.D. and another officer. Lohr, meanwhile, admitted that he watched Norris and other officers assault the inmate, then observed a supervisor use a magnet in an apparent attempt to destroy surveillance footage related to the assault.
“Correctional officers are expected to uphold the law,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The Justice Department will continue to vigorously prosecute correctional officers who use their position either to commit violent crimes or to cover up criminal conduct by other officers.”
To date, 16 current or former officers at RCI have been convicted in connection with a series of assaults carried out on K.D. on March 8-9, 2008. Eight former RCI officers still await sentencing before Judge Bredar.
The case was investigated by the Frederick Resident Agency of the FBI, and prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Sanjay Patel of the Civil Rights Division, with the support of Assistant U.S. Attorney Michael Cunningham for the District of Maryland.
Two Former Bank Employees Sentenced for Embezzlement, Staged RobberyRead the Press Release
TOPEKA, KAN. – Two former bank employees were sentenced today to five months in federal prison and five months in a halfway house for embezzling from a bank in Grant County, Kan., and helping stage a robbery to cover up the theft, U.S. Attorney Barry Grissom said.
Amber Gutierrez, 32, Ulysses, Kan., and Ashley Cravens, 29, Ulysses, Kan., each pleaded guilty to one count of theft from a bank. From 2008 to July 24, 2010, while Gutierrez was head teller, she and two co-defendants – including Cravens -- embezzled approximately $84,200 from Western State Bank in Ulysses, Kan. On July 24, 2010, they took part in a staged robbery. Subsequent to the staged bank robbery, Gutierrez and co-defendants embezzled another $24,450 from the bank.
Co-defendants are:
Grissom commended the FBI, the KBI, the Grant County Sheriff's Office, the Ulysses Police Department and Assistant U.S. Attorney Aaron Smith for their work on the case.
Hattie Wiginton, who is set sentencing April 4.
Linda Wise, who was sentenced to three years probation.Twin Brother Pharmacists Each Sentenced to 42 Months in Prison for Defrauding Patients and Insurance Companies of $1.5 MillionRead the Press Release
NEWARK, N.J. – Two pharmacists – twin brothers who previously owned the West Orange Pharmacy – were each sentenced 42 months in prison today for reaping at least $1.5 million in illicit gains by defrauding patients, Medicaid and insurance companies over the past 15 years, U.S. Attorney Paul J. Fishman announced.
Robert and William Carlucci, both 70 and of Florham Park, N.J., previously pleaded guilty before U.S. Magistrate Judge Michael A. Hammer to separate informations charging them with conspiring to commit health care fraud. The sentenced was imposed today by U.S. District Judge Faith Hochberg in Newark federal court.
According to documents filed in this case and statements made in court:
Robert Carlucci, William Carlucci, and another conspirator, Leonard “Lenny” Stefanelli, 49, of East Hanover, N.J., participated in a variety of schemes designed to cheat customers and bilk insurance companies out of at least $1.5 million. Stefanelli pleaded guilty before Judge Hammer on Jan. 24, 2014, to an information charging him with illegally dispensing oxycodone and is scheduled to be sentenced April 30, 2014.
They used a practice they referred to as “TRADE-QUICK” to under-fill prescriptions. Each letter in “TRADE-QUICK” corresponded to a number, beginning with “T” for “1” through “K” for “0.” The conspirators would enter a two-letter code into the West Orange Pharmacy computer system that indicated how much of the prescription they intended to fill. The code “QK” indicated that a prescription for 90 dosage units would instead be filled with 60 dosage units, because the “Q” stood for the number “6” and the “K” stood for the number “0.” After under-filling the prescription, the co-conspirators billed Medicaid and other insurance companies for the fully filled prescription.
Without informing the patients, the conspirators substituted generic drugs for the brand-name drugs prescribed by the patients’ physicians. Then they billed Medicaid and other insurance companies for the full amount of the brand-name drugs. The conspirators entered the prescribing physicians’ phone numbers into the West Orange Pharmacy computer system as a code to indicate that they were utilizing this particular scheme.
The conspirators also filled outstanding refills on a given prescription without the patients’ knowledge and then billed Medicaid and the private insurers for the refills. They entered a dot (“.”) into the West Orange Pharmacy computer system as a code to indicate that they were utilizing this particular scheme.The conspirators would sometimes lose money on a given prescription. On those occasions, they looked through a patient’s profile and found additional costs that they could pass on to Medicaid and other insurance companies. They would submit bills for these additional costs, and they would enter the code “COV” into the West Orange Pharmacy computer system to reflect this scheme.
The conspirators purchased prescription drugs back from their customers and would reuse those drugs to fill other patient prescriptions. They billed Medicaid and other insurance companies for the full amount of the filled prescriptions.
The conspirators purchased prescription drugs from non-licensed wholesalers at a substantial discount to the drugs’ wholesale price, then dispensed these discounted drugs to patients and billed Medicaid and private insurers for the full costs associated with the drugs.
In addition to the prison term, Judge Hochberg sentenced each of the Carlucci brothers to three years of supervised release and fined them $75,000 each.
U.S. Attorney Fishman credited special agents of the DEA Tactical Diversion Squad, under the direction of Special Agent in Charge Carl Kotowski; and special agents of the Food & Drug Administration’s Office of Criminal Investigations, under the direction of Mark Dragonetti, with the investigation leading to today’s sentencings. He also thanked the Elizabeth, Clinton, Toms River, West Orange, and Marlboro police departments, along with the Essex County Sheriff’s Department, for their work on this case.
The government is represented by Assistant U.S. Attorney Rahul Agarwal of the U.S. Attorney’s Office Criminal Division in Newark.
14-085
Defense counsel:
Robert Carlucci: Ricardo Solano Esq., Newark
William Carlucci: Mark Berman Esq., River Edge, N.J.
Stefanelli: Carlos Ortiz Esq., Morristown, N.J.Texas Man Pleads Guilty to Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Texas man entangled in a sex trafficking sting operation has pled guilty to Commercial Sex Trafficking.
Timothy Charles Gravens, age 54, of Grapevine, Texas, appeared before Chief Judge Jeffrey L. Viken, U.S. District Court, on March 12, 2014, and entered his guilty plea.
The maximum sentence for this charge is a mandatory minimum term of 15 years in federal prison, up to a maximum of life in prison, and/or a $250,000 fine. The guilty plea will also result in the forfeiture of Gravens’ 2012 Harley Davidson motorcycle, and his Apple iPhone 4s, which he used to negotiate a commercial sex act.
Gravens was one of nine men who were arrested and federally indicted as a result of a sex trafficking undercover operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons wanting to have sex with underage girls. All nine men were indicted for Commercial Sex Trafficking.
“This conviction is further proof that we take sex trafficking very seriously in South Dakota,” said Johnson. “Gravens came to Sturgis for a good time, thought he would have illegal sex with a child, and then just return home to his life in Texas. Instead he became a poster child for sex trafficking felons, and will spend at least the next 15 years in a federal prison.”
The conviction stems from last summer’s Sturgis motorcycle rally, when Gravens responded to a Craigslist.com advertisement which purportedto offer young girls for sex. Gravens chose a 13-year old girl and negotiated the arrangements with the undercover agent, including the price he was willing to pay to have sex with the young girl. When Gravens went to pick up the girl at the pre-determined location, he was instead met by law enforcement agents and placed under arrest.
Of the nine original defendants, five have pled guilty. One has been sentenced to 10 years in federal prison, and the other four await sentencing. The remaining 4 are scheduled for trial.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins is prosecuting the cases.
Gravens was returned to the custody of the U.S. Marshals Service pending sentencing.
Texan Sentenced to 48 Months in Prison for Part in Cocaine and Meth Distribution RingRead the Press Release
SHREVEPORT, La. –United States Attorney Stephanie A. Finley announced today that Laquon Ashton, 33, of Arlington, Texas, was sentenced by U.S. District Judge Donald E. Walter to 48 months in prison and three years of supervised release for his role in distributing cocaine and methamphetamine in Northwest Louisiana.
According to evidence presented at the guilty plea on July 2, 2013, Laquon Ashton admitted to conspiring with his mother Janette Ashton, Seneca Colbert, Brian Davis and others to sell cocaine and methamphetamine in the Mansfield and Shreveport areas from January 2012 to March 2012. Authorities used a confidential informant and recorded defendants making sales, conducting purchases and scheduling deliveries of illegal drugs.Janette Ashton was sentenced September 26, 2013 to 60 months in prison and four years of supervised release for one count of conspiracy to distribute methamphetamine. She pleaded guilty April 16, 2013. Colbert was sentenced December 23, 2013 to 96 months in prison and four years of supervised release for conspiracy to distribute cocaine. Colbert pleaded guilty July 2, 2013. Davis was sentenced 120 months in prison and three years of supervised release for conspiracy to distribute cocaine and two counts of possession with intent to distribute cocaine base. Davis pleaded guilty November 4, 2013.
The defendants in this case were prosecuted as part of the Organized Crime Drug Enforcement Task Force (OCDETF) “Operation Limpiar Casa.” The Federal Bureau of Investigation, the Drug Enforcement Administration, the Desoto Parish Sheriff’s Office, the Mansfield Police Department, and the Tri-Parish Task Force which includes DeSoto, Sabine and Red River Parishes, participate in the OCDETF program and conducted the operation.
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
First Assistant U.S. Attorney Alexander Van Hook prosecuted the case.
Stand-Off with Law Enforcement Ends in 84 Months of ImprisonmentRead the Press Release
The United States Attorney's Office announced that JOEL ROBERT PRESCOTT, 43, of Laurel, Montana, was sentenced to a term of 84 months imprisonment, three years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on March 5, 2014, before U.S. District Judge Donald W. Molloy.
PRESCOTT was sentenced in connection with his December 12, 2013, guilty plea to felon in possession of a firearm. In an Offer of Proof, the United States Attorney's Office stated it would have proved that PRESCOTT was on state supervision for a drug offense. He absconded from supervision and was discovered in Laurel, Montana. A standoff with law enforcement ensued while PRESCOTT was in possession of a firearm. A woman and several children were inside the residence with PRESCOTT during the standoff, but they were
After six hours, PRESCOTT surrendered, and the stand-off ended without any casualties.
At sentencing, Assistant U.S. Attorney Ryan Weldon stated that the government's main concern was the protection of the public. According to Weldon, PRESCOTT had been convicted of numerous drug offenses, and now he was actively engaging in stand-offs with law enforcement officers, all while in possession of a firearm and while on state supervision.
The District Court sentenced PRESCOTT to 84 months of imprisonment, with three years of supervised release to follow. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that PRESCOTT will likely serve all of the time imposed by the court. In the federal system, PRESCOTT does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
The PRESCOTT investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and local police and sheriff's departments.
Springfield Woman Pleads Guilty to Assaulting Federal Agent with her CarRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., woman pleaded guilty in federal court today to assaulting a federal agent with her car while he was attempting to apprehend her boyfriend during a foot chase.
Alisha Johnson, 32, of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush to the charge contained in a Dec. 17, 2013, federal indictment. Johnson remains in federal custody.
On July 25, 2013, U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) agents were attempting to apprehend Francisco Sosa-Lopez for immigration violations. When Sosa-Lopez saw the approaching agents, he fled the area on foot. While the agents were pursuing Sosa-Lopez, Alisha Johnson arrived in her vehicle and attempted to pick up Sosa-Lopez.
As Sosa-Lopez attempted to get in the vehicle, Johnson shouted derogatory comments at the pursuing agents, indicating that she was aware of the agents’ intent to apprehend Sosa-Lopez. Agents continued the pursuit and ordered Sosa-Lopez to not enter the vehicle. Sosa-Lopez ignored the agents’ directives and continued to try to enter the rolling vehicle. As one of the agents approached Sosa-Lopez, Johnson drove her vehicle over the curb and into the agent, striking the agent on the left leg. Sosa-Lopez entered the vehicle and fled from the scene; he remains a fugitive from justice. Johnson voluntarily surrendered to law enforcement shortly after the incident.
As result of being struck by the vehicle, the federal agent suffered significant damage to his knee. Two surgeries were later performed on his knee.
Under federal statutes, Johnson is subject to a sentence of up to 20 years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) and the Greene County, Mo., Sheriff’s Department.Sentencing for March 13, 2014Read the Press Release
Linda Rideout, 61, of Paso Robles, California, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 13, 2014, for conspiracy to possess with intent to distribute, and to distributing less than 50 grams of a mixture or substance containing a detectable amount of methamphetamine. Rideout was arrested in Medford, Oregon. She received 33 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $300.00 fine and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
Sedalia Business Owner Pleads Guilty to Making False Claims on Tax ReturnsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Sedalia, Mo., business owner pleaded guilty in federal court today to making false claims on 186 federal tax returns so that her clients received nearly $478,000 in tax credits to which they were not entitled.
Martha L. Stokes, 44, of Sedalia, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to the charge contained in an April 3, 2013, federal indictment.
Stokes is the owner of Julis Authentic Mexican Cuisine in Sedalia, and also owned and operated Destino Servicios Administravos in Sedalia. She represented herself as a tax return preparer as part of Destino’s operation and, in 2009 and 2010, prepared federal income tax returns for taxpayers who resided in several states, including South Dakota.
By pleading guilty today, Stokes admitted that she prepared and filed 186 fraudulent tax returns for taxpayers residing in South Dakota, in which she falsely claimed an additional child tax credit for her clients to which they were not entitled. The tax loss for these 186 returns totals $477,934.
Under federal statutes, Stokes is subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000 and an order of restitution. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Lawrence E. Miller. It was investigated by IRS-Criminal Investigation.
Second Member of Counterfeit Currency Ring Sentenced to More Than 3 Years in Federal PrisonRead the Press Release
RICHMOND, Va. – Norris Eugene Heath, 39, of North Chesterfield, Va., was sentenced today to 41 months in federal prison, to be followed by three years of supervised release, on charges of conspiring to manufacture counterfeit Federal Reserve Notes; and for passing counterfeit Federal Reserve Notes. Restitution to one of the victims was also ordered.
Dana J. Boente, Acting United States Attorney for the Eastern District of Virginia; and William Frantzen, Special Agent in Charge of the United States Secret Service’s Richmond Field Office, made the announcement after sentencing today by United States District Judge Henry E. Hudson.
Heath was arrested on September 18, 2013, and indicted on October 16, 2013. He pled guilty on December 2, 2013 to both charges in the indictment.
According to court documents, Heath obtained genuine Federal Reserve Notes in either one dollar or five dollar denominations, bleached them, and then printed the image of either a fifty dollar or one hundred dollar note onto them. He joined the conspiracy in approximately August 2012, and remained a part of it until June 7, 2013. He was held responsible for having manufactured or passed $3,450.00 worth of counterfeit currency.
In February 2013, co-defendant Abraham Emanuel Brotherson was sentenced to 1.5 years in federal prison for his role in aiding and abetting the conspiracy; Warren Kelly Isaacs, who was charged with passing counterfeit notes, will be sentenced later this month; and La’Keesha Kee, who was charged with passing counterfeit notes, was found guilty after proceeding to trial last month. She is scheduled to be sentenced in May. There are also outstanding charges pending against Tarshema Brice.
This case was investigated by the United States Secret Service. Assistant United States Attorney Angela Mastandrea-Miller prosecuted the cases on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Sacramento Businessman Indicted for Bank FraudRead the Press Release
SACRAMENTO, Calif. — Deepal Wannakuwatte, 63, of Sacramento, was charged today in a three-count indictment returned today with bank fraud and making false statements to a financial institution, United States Attorney Benjamin B. Wagner announced.
Wannakuwatte has been in custody since his arrest on February 21, 2014. He is scheduled to be arraigned on March 21, 2014.
According to the indictment, beginning in September 2011, Wannakuwatte sought a line of credit from Bridge Bank. He claimed the funds obtained through the line of credit would be used to improve a glove manufacturing facility he owned in Olivehurst. Wannakuwatte claimed that his companies, IMG and Relyaid, were involved in the international manufacture, shipment, and distribution of latex gloves and did more than $100 million of business with the Department of Veterans’ Affairs every year. These claims were not true but were made in order to appear more credit worthy. Upon receiving funds, Wannakuwatte used the money to pay outstanding debts unrelated to the purpose of the loan.
The indictment alleges that between October and December 2011, Wannakuwatte provided Bridge Bank with a number of false documents, including personal and corporate tax returns that overstated his gross income and the gross receipts and sales for IMG, a false corporate financial statement from IMG that was purportedly reviewed by a CPA, and a false accounts receivable ledger detailing more than $25 million in accounts receivable from the VA.
In early December 2011, Wannakuwatte set up a conference call between himself, an IMG employee, and a Bridge Bank representative. The conference call was made to verify the authenticity of the $25 million accounts receivable ledger provided by Wannakuwatte. At Wannakuwatte’s direction, the IMG employee pretended to be a VA representative. Using a series of talking points provided by Wannakuwatte, the IMG employee told the Bridge Bank representative that there were more than 60 invoices showing a total of more than $25.8 million in payments owed by the VA to IMG. In fact, there were no such invoices, and no such debt was owed by the VA to IMG.
Based on the false representations, Bridge Bank authorized a line of credit worth $4.5 million. Wannakuwatte subsequently drew down the line of credit, taking approximately $4.3 million from Bridge Bank.
This case is the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Michael M. Beckwith is prosecuting the case.
If convicted, Wannakuwatte faces a maximum sentence of 30 years in prison and a $1 million fine for each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Roswell Woman Pleads Guilty to Trafficking Methampethamine in Lea CountyRead the Press Release
ALBUQUERQUE – Grace Roman Childers, 59, of Roswell, N.M., pleaded guilty today in Las Cruces federal court to a methamphetamine trafficking charge. The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Commander Mike Wilson of the Lea County Drug Task Force (LCDTF).
Childers was arrested in Fort Worth, Texas, on July 17, 2013, on a federal criminal complaint alleging methamphetamine trafficking and firearms charges, and was transferred to New Mexico on July 31, 2013. According to the criminal complaint, officers of the LCDTF arrested Childers in Hobbs, N.M., on state charges on Feb. 19, 2013, after finding approximately 300 grams of methamphetamine and a loaded handgun when they executed a state search warrant on a vehicle Childers was driving. The officers also found a digital scale with drug residue and $7,420 in cash in Childers’ vehicle. The state charges against Childers were dismissed after federal charges were filed.
Today Childers entered a guilty plea to possession of methamphetamine with intent to distribute and admitted possessing approximately 299.85 grams of pure methamphetamine on Feb. 19, 2013, in Lea County, N.M. She further admitted that she was storing the drugs in her vehicle with the intention of distributing the drugs before it was seized by law enforcement officers.
Childers is in federal custody and remains detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, she faces a term of imprisonment of not less than ten years and a maximum of life imprisonment.
This case was investigated by the Roswell office of the FBI and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Shaheen P. Torgoley and Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Rochester Man Pleads Guilty to Making Counterfeit CurrencyRead the Press Release
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Adrian Clemons, 32, of Rochester, N.Y., pleaded guilty before U.S. District Court Judge Charles J. Siragusa to making counterfeit United States currency. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that between January 2013 and March 2013, Clemons created more than $10,000 of fake money using a scanner and a printer. The defendant then sold the counterfeit bills to others to pass at local stores as genuine currency.
The plea is the culmination of an investigation by Special Agents of the Secret Service, under the direction of Special Agent in Charge Tracy Gast.
Sentencing is scheduled for June 13, 2014 at 10:00 a.m. before Judge Siragusa.Robert Quam Sentenced to PrisonRead the Press Release
The United States Attorney's Office announced that on February 28, 2014, in Missoula, before U.S. District Judge Sam Christensen, ROBERT STUART QUAM, 31, of Bozeman, was sentenced to 60 months in prison followed by 4 years supervised release. The sentence was in connection with his March 2013 guilty plea to a charge of Conspiracy to Distribute Methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Tim Racicot, the government stated that in approximately March 2012, the Missouri River Drug Task Force ("MRDTF") initiated an investigation into the drug distribution activities of Quam. As part of that investigation, the MRDTF utilized a confidential informant ("CI") to purchase meth from Quam. On March 30, 2012, the CI purchased 1.7 grams of actual methamphetamine from Quam. The transaction took place outside Quam's residence. On April 3, 2012, the CI conducted a second controlled purchase of methamphetamine from Quam, again outside his residence. That purchase involved 1.3 grams of pure methamphetamine. A third controlled purchase occurred on April 13, 2012, and the CI obtained .95 grams of pure methamphetamine. And on April 25, 2012, the CI made
Quam, for 1.9 grams of pure meth. The total amount of actual methamphetamine sold by Quam to the CI is 5.85 grams.
On August 31, 2012, Quam was interviewed by law enforcement in Bozeman. He admitted to obtaining various amounts of meth from multiple individuals and distributing the meth in the Bozeman area.
Retailer Sentenced to over Two Years in Prison for Food Stamp FraudRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Amara Cisse, age 50, of Windsor Mill, Maryland, to 27 months in prison followed by three years of supervised release for food stamp fraud in connection with a scheme to illegally redeem food stamp benefits in exchange for cash. Judge Bennett also entered an order that Cisse forfeit and pay restitution of $654,349.24.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William G. Squires, Jr. of the U.S. Department of Agriculture’s Office of Inspector General, Northeast Region; and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
Cisse owned Simbo Food Mart, a convenience store located at 2103 West Pratt Street in Baltimore. Cisse’s wife, Fanta Keita worked at the store. The store participated in the Supplemental Nutrition Assistance Program (SNAP), previously known as the Food Stamp Program. In Maryland, the program provides eligible individuals with an electronic benefit transfer (EBT) card called the Independence Card, which operates like a debit card. Recipients obtain EBT cards through the state Department of Human Resources, then use the EBT card to purchase approved food items from participating retailers.
According to his plea agreement, Cisse completed the required government form in May of 2010 to become an authorized retailer in the program, certifying that he understood that it was a violation of SNAP regulations to trade cash for SNAP benefits. From November 1, 2010 to May 2013, Cisse and Keita exchanged SNAP benefits for cash at less than face value of the EBT benefits, and kept up to 50 percent of the benefits for themselves, using the cash to pay rent and other bills.
The Court determined today that Cisse obtained more than $654,349.24 in payments for food sales that never occurred.
Fanta Keita, age 45, also of Windsor Mill, previously pleaded guilty and is scheduled to be sentenced on March 18, 2014.
Eight of the 10 convenience store owners or operators who were indicted in September 2013 in connection with schemes to illegally redeem food stamp benefits in exchange for cash have pleaded guilty to food stamp fraud and/or wire fraud. Two of those defendants were sentenced on February 21, 2014 by U.S. District Judge George L. Russell, III: Hyung Cho, age 40, to 38 months in prison, and his mother Dae Cho, age 67, to 18 months in prison. Two more retailers were indicted in January 2014.
United States Attorney Rod J. Rosenstein praised USDA’s Office of Inspector General and FBI for their work in the investigation. U.S. Attorney Rosenstein expressed appreciation to Secretary Ted Dallas and the Maryland Department of Human Resources, as well as U.S. Citizenship and Immigration Services - Office of Fraud Detection and National Security for their assistance in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Leo J. Wise, who is prosecuting this case.
Property Manager, Accountant, Indicted for Rental Income Fraud SchemeRead the Press Release
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The United States Attorney for the District of Connecticut todayannounced that a federal grand jury in Bridgeport has returned an indictment charging a Monroe property management company, its owner and the company’s accountant with conspiring to defraud a Bridgeport-based residential property owner.
As alleged in the indictment, which was returned yesterday and unsealed today, ANTHONY TESTO, 66, of Monroe, was the owner and president of ACT Builders, Inc., which was contracted to serve as a property manager for an entity in Bridgeport that owned an apartment complex and several single and multi-family residences. TESTO’s role as property manager included filling vacant rental units, setting rental amounts, collecting security deposits, collecting rent from tenants and depositing rental payments in the property owner’s bank account. TESTO also was required to submit to the property owner a monthly “rent roll,” which was a spreadsheet showing the occupancy of the rental units, the rental amounts due and the rental payments collected from tenants. THOMAS RAGONESE, 54, of Trumbull, provided accounting services to TESTO and ACT Builders. At TESTO’s instruction, RAGONESE prepared the rent rolls.
From approximately January 2007 to August 2010, it is alleged that TESTO, ACT Builders and RAGONESE schemed to defraud the property owner by submitting fraudulent rent rolls that misrepresented that certain rental units were vacant with no rent due when, in fact, the apartments were occupied and rent had been collected. The rent rolls also misrepresented that the rent due and collected for certain rental units was lower than the amount that was actually collected. It is alleged that TESTO deposited rental income that was due to the property owner into both his personal bank account and the ACT Builders bank account.
The indictment also alleges that RAGONESE maintained a second set of records in which he kept track of the rental income actually due and collected, which was more than the rental income reported on the rent rolls.
The indictment charges TESTO, RAGONESE and ACT Builders with one count of conspiracy to commit wire fraud. If convicted of the charge, TESTO and RAGONESE face a maximum term of imprisonment of 20 years, and ACT Builders faces a maximum term of probation of five years.
TESTO was arrested this morning. He appeared before U.S. Magistrate Judge William I. Garfinkel and was released into home confinement, under electronic monitoring, on a $500,000 bond.
RAGONESE was arrested on a criminal complaint on February 25, 2014. He also appeared today before Judge Garfinkel and was released on a $250,000 bond.
This case is assigned to U.S. District Judge Robert N. Chatigny in Hartford.
This matter is being investigated by the Federal Bureau of Investigation, and the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Felice Duffy.
An indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]President Obama Nominates Two to Serve as U.S. AttorneysRead the Press Release
WASHINGTON, DC - Today, President Obama nominated Deirdre M. Daly and James Walter Frazer Green to serve as U.S. Attorneys.
“These fine attorneys have extensive legal experience and a shared commitment to public service,” President Obama said. “I am thrilled that they will continue their service by pursuing justice on behalf of the American people as United States Attorneys.”
Deirdre M. Daly: Nominee for United States Attorney for the District of Connecticut
Deirdre M. Daly has served as the First Assistant United States Attorney in the District of Connecticut since 2010 and as the Acting United States Attorney since May 2013. Previously, Daly was a partner with the Connecticut law firm Daly & Pavlis LLC from 2001 to 2010 and with the New York law firm Gage & Pavlis from 1997 to 2001. She served as an Assistant United States Attorney in the Southern District of New York from 1985 to 1997 and began her law career as a law clerk for Judge Lloyd F. MacMahon of the United States District Court for the Southern District of New York from 1984 to 1985. Daly received her J.D. in 1984 from Georgetown University Law Center and her B.A. in 1981 from Dartmouth College.
James Walter Frazer Green: Nominee for United States Attorney for the Middle District of Louisiana
James Walter Frazer Green has served as First Assistant United States Attorney in the Middle District of Louisiana since 2010 and as the Acting United States Attorney since July 2013. Previously, Green served as Deputy Criminal Chief in the Middle District of Louisiana from 2002 to 2010 and as an Assistant United States Attorney in the District of Nevada from 1998 to 2000. He has also been a member of the United States Marine Corps Reserve since 1989, where he currently holds the rank of Colonel and serves as the Officer-in-Charge of the Environmental Services Division. He has also served as a United States Marine Corps Judge Advocate since 1994. Green received his J.D. in 1993 from Tulane Law School and his B.A. in 1989 from Louisiana State University.
Postal Employee Sentenced for Stealing Treasury Checks from the MailRead the Press Release
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Nathaniel M. Johnson, aged 57, of Albany, Georgia, was sentenced by U.S. District Judge W. Louis Sands on Thursday, March 13, 2014, in Albany, to serve 15 months in the Bureau of Prisons for theft of mail by a postal employee.Mr. Johnson previously entered a guilty plea to the charge on October 4, 2013. As part of his plea agreement, Mr. Johnson admitted that, while he was a postal employee, he rifled through, opened and stole United States mail, including U.S. Treasury checks, during April 2013. There were 10 identified victims who experienced losses totaling more than $30,000.
“We all count on our postal employees to handle and deliver some of our most important things. From wedding invitations to tax returns and payroll checks, a great deal of trust is placed in postal workers. Most of the good folks at the post office care deeply about the people they serve, making sure that nothing stands in the way of the mail delivery. Unfortunately, Mr. Johnson cared more about enriching himself than serving the public and, in doing so, dishonored the many others whose dedication is legendary,” said U.S. Attorney Michael Moore.
“The United States Secret Service will continue to collaborate with our law enforcement partners to vigorously investigate the theft and negotiation of U.S. Treasury checks. We will work closely with prosecutors to ensure offenders, like Mr. Johnson, who abuse public trust are put behind bars,” said Reginald G. Moore, Special Agent in Charge of the United States Secret Service, Atlanta Field Office.
The case was investigated by the United States Postal Inspection Service and the United States Secret Service. The case was prosecuted by Assistant United States Attorney Jim Crane.Inquiries regarding the case should be directed to Pamela Lightsey, United States Attorney's Office at (478) 621-2603.
Plainfield, N.J., Woman Sentenced to 87 Months in Prison for Her Roles as Lookout, Getaway Driver in Armed Bank RobberiesRead the Press Release
NEWARK, N.J. - A Plainfield, N.J., woman was sentenced today to 87 months in prison for playing a role in three armed robberies of banks in Somerset and Middlesex counties, U.S. Attorney Paul J. Fishman announced.
Andrea Dorsey, 54, of Plainfield, N.J., previously pleaded guilty before U.S. District Judge Kevin McNulty to an information charging her with three counts of bank robbery. Judge McNulty imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Claude Williams, 62, of Elizabeth, N.J., was charged on Aug. 16, 2013, in a 17-count indictment with one count of conspiracy to commit bank robbery, seven counts of bank robbery, eight counts of using a firearm in furtherance of a crime of violence, and one count of attempted bank robbery. Those charges remain pending against Williams.
Williams would usually send an accomplice into banks shortly before robbing them. Dorsey admitted she went into banks to gather information for Williams about how many employees were working and served as the getaway driver during the armed robberies of the Financial Resources Federal Credit Union located in Somerset, N.J., on Sept. 26, 2011; the Somerset Savings Bank located in Somerville, N.J., on Nov. 21, 2011; and the Fulton Bank located in Metuchen, N.J., on June 20, 2012.
Williams and Dorsey were arrested July 30, 2012, near a Unity Bank in Somerset. Williams was wearing a bandana and law enforcement found a handgun and white gloves in the car.
In addition to the prison term, Judge McNulty sentenced Dorsey to four years of supervised release and ordered her to pay $59,387 in restitution.
The charges and allegations contained in the indictment against Williams are merely accusations and the defendant is considered innocent unless and until proven guilty.
U.S. Attorney Fishman credited special agents with the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, with the investigation. He also thanked the Somerset County Prosecutor’s Office and the Middlesex Borough, Piscataway, Clifton, Metuchen, North Plainfield and Plainfield Police Departments for their roles in the investigation.
The government is represented by Assistant U.S. Attorney Osmar J. Benvenuto of the U.S. Attorney’s Office Criminal Division in Newark.
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Defense counsel: Anthony J. Iacullo Esq., Nutley, N.J.Parkersburg Man Convicted of Accessing Child Pornography on Library ComputerRead the Press Release
Matthew John Wiggins was previously convicted of possessing child pornography in 2000
HUNTINGTON, W.Va. –A 41-year-old Wood County resident was convicted of accessing child pornography with intent to view it and attempting to persuade a person to destroy evidence after a two-day bench trial in Huntington, West Virginia, United States Attorney Booth Goodwin announced today. Chief United States District Judge Robert C. Chambers found that Matthew John Wiggins, of Parkersburg, West Virginia, knowingly accessed child pornography with intent to view it while he was logged on to a computer located at the Parkersburg and Wood County Library on January 16 and 17, 2013.
Chief Judge Chambers also found that on the eve of trial, Wiggins sent a letter to a person attempting to persuade that person to destroy a library card that Wiggins knew would be important evidence in his trial.
The investigation began when an Information Security Officer with the West Virginia Office of Information Security and Controls, an agency that monitors state computers for illegal activity, discovered that someone at the Parkersburg and Wood County Library was downloading child pornography images on a library computer on January 16 and 17, 2013. The Office of Information Security and Controls was able to trace the IP Address to a computer that was located on the main floor of the library. The Information Security Officer reported the illegal activity to the West Virginia Internet Crimes Against Children Task Force. On January 17, 2013, a member of the West Virginia Internet Crimes Against Children Task Force and two Parkersburg Police Department detectives went to the library and found Wiggins sitting at the computer on which he had downloaded child pornography on January 16 and 17. A forensic examination performed on that computer revealed that Wiggins accessed, with intent to view, over 50 images of child pornography.
Wiggins was previously convicted in federal court in the Southern District of West Virginia in 2000 for knowingly possessing child pornography and was sentenced to 27 months’ imprisonment. Within 11 days of being released from prison, he was found to be in possession of a computer, in violation of the terms and conditions of his supervised release. At that time, Wiggins admitted to using software designed to delete data on the computer he had at his residence. During Wiggins’ second term of supervised release, he was caught viewing pictures of naked young females on a computer located at the West Virginia University Parkersburg library and was sentenced to imprisonment for 12 months.
Wiggins faces a minimum mandatory 10 years’ and up to 40 years’ imprisonment, as well as a lifetime of supervised release. He is scheduled to be sentenced on July 7, 2014, in Huntington, West Virginia.
The investigation of Wiggins was conducted by the West Virginia Internet Crimes Against Children Task Force, with the assistance of the West Virginia Office of Information Security and Controls, the Parkersburg Police Department, the West Virginia State Police and the Federal Bureau of Investigation. Assistant United States Attorneys Lisa Johnston and Jennifer Rada were in charge of the prosecution.
This case was prosecuted as part of Project Safe Childhood. In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims.
Pain Management Physician Charged with Overbilling MedicareRead the Press Release
BOSTON – A physician specializing in pain management was charged today for overbilling the Medicare program.
Fathalla Mashali, 59, of Dover, was indicted on nine counts of heath care fraud.
Mashali was a licensed physician in Massachusetts and Rhode Island who operated New England Wellness & Pain Management, P.C., which was also known as New England Pain Associates, P.C., Greystone Pain Management, Inc., and New England Pain Institute, P.C., or NEPA. NEPA, a pain management clinic with locations in Massachusetts and Rhode Island, served many patients who were Medicare beneficiaries.
The indictment alleges that Mashali trained NEPA employees, including physician assistants and registered nurses, to overbill the Medicare program. Mashali overbooked patient appointments, sometimes with as many as four patients per slot, and arrived to work up to four hours late, causing significant overcrowding at NEPA’s waiting rooms. The patient appointments often lasted less than 10 minutes and sometimes as few as two to three minutes. Mashali often saw patients without performing physical examinations. The indictment also alleges that with the exception of patients requiring injections, Mashali conducted patient visits in a small office with a desk, resembling a business office, rather than in an examination room containing medical equipment. Nevertheless, Mashali submitted fraudulent claims to the Medicare program seeking reimbursement for patient services far exceeding in scope and duration the actual services he provided to patients.
If convicted, Mashali faces a maximum sentence under the statute on each count of health care fraud of 10 years in prison, three years of supervised release, a fine in the amount of $250,000 or twice the pecuniary gain to Mashali or loss to the Medicare program, and restitution.
United States Attorney Carmen M. Ortiz; John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General, Office of Investigations; Anthony DiPaolo, Chief of Investigations of the Massachusetts Insurance Fraud Bureau; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The case is being prosecuted by Kimberly P. West and Lisa Asiaf-Schlatz of Ortiz’s Health Care Fraud Unit and Katherine Ferguson of Ortiz’s Drug Task Force Unit.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Ophthalmologist Agrees to Pay $1.4 Million and to 20 Year Voluntary Exclusion from Federal Programs to Settle Claims That He Performed Medically Unnecessary Laser ProceduresRead the Press Release
Baltimore, Maryland – John Arthur Kiely, M.D., of Lutherville, Maryland, has agreed to pay the United States $1.4 million to settle claims under the Federal False Claims Act that he submitted and caused the submission of false claims by Bon Secours Hospital to Medicare and Medicaid between October 29, 2002 and April 14, 2009. Kiely has also agreed to a 20 year voluntary exclusion from Federal health care programs.
The settlement was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Nicholas DiGiulio, Office of Inspector General of the Department of Health and Human Services, Philadelphia Region which includes Maryland.
“Medical advice must be motivated by the patient’s best interest and not by the doctor’s personal financial interest,” said U.S. Attorney Rod J. Rosenstein. “The government contended in this case that Dr. John Kiely performed glaucoma surgery because it was profitable for him, even when it was not necessary and not appropriate.”
“We are pleased Dr. Kiely agreed to resolve the allegations of falsely billing government health programs for unnecessary and excessive medical procedures,” said Nick DiGiulio, Special Agent in Charge for the Inspector General’s Office of the United States Department of Health and Human Services. “We rely on physicians to perform only needed services and to bill appropriately. In addition to payment, Dr. Kiely has agreed to be excluded from participation in all Federal health care programs for at least 20 years.”The settlement arises out of an investigation that resulted in the United States filing a civil complaint on July 12, 2013 in U.S. District Court in Maryland, captioned United States v. John Arthur Kiely, M.D., Civil No. MJG-11-668, in which the United States charges that Kiely, a general ophthalmologist, submitted claims to Medicare and Medicaid for laser eye procedures that fell outside the medical standard of care. The government contends that because the procedures did not meet the medical standard of care, they were not reasonable and necessary as required for reimbursement by Medicare and Medicaid. The claims covered by the settlement agreement include Argon Laser Trabeculoplasties (ALTs) between October 29, 2002 and September 11, 2007; Lysis of Adhesions procedures between October 29, 2002 and April 14, 2009; and Laser Peripheral Iridotomies (LPIs) between November 12, 2002 and September 26, 2006. An ALT is a laser procedure performed to treat open angle glaucoma, while LPI is a laser procedure performed to treat narrow angle glaucoma. Kiely performed between 3 and 14 ALTs per eye on the 120 patients identified in the civil complaint, and also performed repeated Laser Peripheral Iridotomies and Lysis of Adhesions on many of these patients.
Kiely performed these laser procedures primarily at Bon Secours Hospital in Baltimore, Maryland. The settlement covers false or fraudulent claims submitted by him to Medicare and Medicaid directly, as well as hospital fees arising out of these laser procedures that he caused Bon Secours Hospital to submit to Federal health care programs.
Dr. Kiely denies the allegations.
Enacted during the Civil War, the False Claims Act is the government’s primary civil tool to combat fraud and abuse in federal programs and procurement. The Act allows the government to recover triple the amount of its actual damages, plus a civil penalty of $5,500 to $11,000 for each false claim and permits the payment of a portion of any settlement or judgment under the Act to individuals who bring fraud to the attention of authorities.
United States Attorney Rod J. Rosenstein commended Assistant U.S. Attorneys Tarra DeShields and Roann Nichols, who handled the case.
Ohio Hospital Pays $8.5 Million to Settle False Claims Act CaseRead the Press Release
Memorial Hospital (Memorial), an Ohio nonprofit corporation that operates an acute care hospital in Fremont, Ohio, has agreed to pay $8.5 million to settle claims that it violated the False Claims Act, the Anti-Kickback Statute and the Stark Statute by engaging in improper financial relationships with referring physicians, the Justice Department announced today.
“Improper financial relationships between health care providers and their referral sources can undermine physicians' judgment about patients' true health care needs and drive up health care costs for everyone,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. "The Justice Department is firmly committed to recovering the taxpayer dollars lost due to these arrangements and making sure that all health care providers follow the rules.”
The Anti-Kickback Statute and the Stark Statute restrict the financial relationships that hospitals may have with doctors who refer patients to them. The settlement announced today involved allegations that financial relationships that Memorial had with two physicians – a joint venture between Memorial and a pain management physician and an arrangement under which an ophthalmologist purchased intraocular lenses and then resold them to Memorial at inflated prices - violated statutory requirements. These issues were disclosed to the government by Memorial.
"Physician referrals should be made exclusively based on what's best for the patient, not on financial relationships," said U.S. Attorney for the Northern District of Ohio Steven M. Dettelbach. "We hope that this settlement will once again help drive that message home."
The improper referrals at issue in this matter included Medicaid patients. Medicaid is funded jointly by the states and the federal government. The State of Ohio, which paid for some of the Medicaid claims at issue, will receive $600,383 of the settlement amount.
“The price of such arrangements can be very costly to the nation’s health care system, taxpayers and provider organizations,” said Inspector General of the U.S. Department of Health and Human Services Daniel R. Levinson. “So, we are pleased that Memorial stepped forward to disclose these improper financial relationships and is working to avoid future occurrences.”
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Secretary of Health and Human Services Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of $19 billion through False Claims Act cases, with more than $13.4 billion of that amount recovered in cases involving fraud against federal health care programs.
This case was handled by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Northern District of Ohio and the Department of Health and Human Services Office of Inspector General. The claims settled by this agreement are allegations only, and there has been no determination of liability.
Obtaining Drugs by Deception Draws Jail TimeRead the Press Release
The United States Attorney's Office announced that CYD MARIE BABB, was sentenced to 6 months in prison followed by 1 year supervised release in connection with her guilty plea to obtaining pain killers through fraud. BABB was sentenced by U.S. District Judge Sam Haddon during a federal court session in Butte, on February 21, 2014.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan Whittaker, the government stated that on or about May 19, 2013, in Bozeman, the defendant knowingly acquired and obtained possession of Schedule III controlled substance, Hydrocodone, by means of misrepresentation, fraud, deception, and subterfuge, namely by falsely presenting herself as a person authorized to prescribe and receive controlled substances.
Babb used her cellular telephone number to call in fraudulent Schedule III hydrocodone prescriptions to pharmacies throughout Montana by posing as a nurse, calling from a medical office, and requesting a prescription for a nonexistent patient. According to DEA records, Babb used the DEA registration numbers and names of approximately 26 different medical professionals to forge prescriptions in approximately 50 different fraudulent patient names to obtain hydrocodone.
Many of the pharmacies where Babb called in the fraudulent prescriptions have video surveillance and/or photographs of Babb entering the store, picking up, and paying for the fraudulent prescription from the pharmacy.
An analysis revealed that Babb's cellular telephone number was used to make approximately 1000 calls to 58 different pharmacies located in 17 different cities in 14 counties within the State of Montana; two pharmacies located in Coeur d'Alene and Hayden Lake, Idaho; and one pharmacy in Gillette, Wyoming, from August 20, 2011 through June 25, 2013.
More specifically, on May 19, 2013, Babb used her cell phone to call in a fraudulent prescription for180 pills of Lortab (hydrocodone) a Schedule III controlled substance at Price Rite Pharmacy in Bozeman, Montana. Babb told the pharmacy that she was calling from a doctor's and fraudulently used the doctor's DEA number to call in a prescription for a fictitious patient.
Babb then later went to Price Rite Pharmacy and claimed to be there to pick up the Lortab prescription for and on behalf of the fictitious patient. After Babb tendered payment, the pharmacy gave the Lortab prescription to Babb. Babb did not work for the doctor's office and was not authorized to use the doctor's DEA number to call in a prescription.
Drug Enforcement Administration agents later interviewed the pharmacist at Price Rite Pharmacy. The pharmacist told agents that Price Rite had received numerous prescriptions for large amounts of Hydrocodone that were picked up by a stocky, middle-age female. Agents showed the pharmacist and a pharmacy technician a photo line-up containing Babb. Both individuals identified Babb as the female that picked up the prescription for the fictitious patient.
Nine Alleged MS-13 Members Charged in Violent Racketeering ConspiracyRead the Press Release
Gang Members Allegedly Committed Murders, Attempted Murders, Stabbings, Extortion
and Witness TamperingGreenbelt, Maryland – A federal grand jury returned a superseding indictment charging the following defendants in connection with a conspiracy to participate in murder in aid of a racketeering enterprise known as the La Mara Salvatrucha, or MS-13:
Jorge Enrique Moreno-Aguilar, aka “Flaco” and “Castigato,” age 20, of District Heights, Maryland;
Juan Alberto Ortiz-Orellana, aka “Chele” and “Furia,” age 25, of District Heights;
Melvin Marquez-Sanchez, aka “Demente,” age 19, formerly of New York;
Carlos Beltran-Flores, aka “Joker,” age 22, of Hyattsville, Maryland;
Francisco Hernandez, aka “Chicle,” age 20, of Silver Spring, Maryland;
Wilmer Argueta, a/a “Chengo” and “Happy,” age 21, of Hyattsville;
Eric Antonio Mejia-Ramos, aka “Flaco,” age 20, of Hyattsville;
Minor Perez-Chach, aka “Minor Chach-Perez,” “Little Bad” and “Bryant Sacarias,
age 23, of Hyattsville; and
Miguel Angel Manjivar, aka “Garra” and “Masflow,” age 21, of Hyattsville.The superseding indictment was returned on March 7, 2014 and unsealed yesterday upon the arrest of defendant Hernandez. All of the defendants are in custody.
The superseding indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief Mark A. Magaw of the Prince George’s County Police Department; Prince George’s County State’s Attorney Angela D. Alsobrooks; Chief J. Thomas Manger of the Montgomery County Police Department; Chief Alan Goldberg of the Takoma Park Police Department; and Montgomery County State’s Attorney John McCarthy.
“Attacking and dismantling violent criminal enterprises like MS-13 is one of HSI’s highest enforcement priorities,” said HSI Baltimore Special Agent in Charge William Winter. “Our investigation revealed that MS-13 is an enterprise that participates in criminal acts, such as murder, attempted murder, violent assaults, witness intimidation and retaliation, and extortion. HSI special agents will continue to work with our local, state and federal law enforcement partners to target MS-13 members and other transnational criminal street gangs that are a rising public safety threat in our communities.”
MS-13 is a national and international gang composed primarily of immigrants or descendants from El Salvador. Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Prince George’s County and Montgomery County, Maryland.
The 12 count indictment alleges that from prior to 2009 to February 2014, the defendants were members and associates of MS-13 who planned and committed murders, attempted murders, assaults and robberies in Montgomery and Prince George’s Counties. Gang members also allegedly extorted high school students and brothel operators, committed witness tampering and obstructed justice, among other crimes.
More specifically, the indictment alleges the following murders. On January 10, 2011, defendant Manjivar and several other MS-13 members repeatedly stabbed two individuals believed to be affiliated with the rival 18th Street Gang, killing one and attempting to kill the other. On August 28, 2012, defendant Mejia-Ramos and others murdered a woman believed to be a rival gang member, by shooting her in the head. On February 23, 2013, defendant Perez-Chach and another MS-13 member murdered a person believed to be a former MS-13 member who had testified in federal court against several MS-13 members in a prior federal racketeering prosecution in Maryland, attacking him with a knife and machete.
From January 2011 to December 2012, Manjivar, Hernandez, Beltran-Flores, Mejia-Ramos and other MS-13 members are alleged to have planned and/or participated in the attempted murder of four individuals believed to be affiliated with rival gangs including the 18th Street Gang, Adelphi Crew, Latin Kings and Lewisdale Crew. One of these victims was targeted for murder to prevent him from testifying at trial in the Circuit Court for Prince George’s County against defendant Argueta.
Additionally, the indictment alleges that Hernandez, Beltran-Flores, Argueta and other MS-13 members threatened to kill a fellow gang member unless he paid them a weekly or bi-weekly “rent” or “tax,” which gang members collected from the victim from at least March to November, 2011. Five others are alleged to have been assaulted, including one victim who was stabbed with a butterfly knife.
Moreno-Aguilar, Ortiz-Orellana, Marquez-Sanchez, Beltran-Flores, Mejia-Ramos, Perez-Chach and Manjivar face a maximum sentence of life in prison for conspiring to participate in a racketeering enterprise, and Hernandez and Argueta face 20 years in prison. Moreno-Aguilar and Ortiz-Orellana also face a maximum sentence of life in prison for murder in aid of racketeering; murder resulting in the use of a gun; and using a firearm during a crime of violence. Beltran-Flores also faces a maximum sentence of life in prison for using a firearm during a crime of violence and 20 years in prison for conspiring to commit witness tampering and for witness tampering by attempted murder. Defendant Hernandez had his initial appearance in federal court in Greenbelt yesterday. The other defendants are expected to have their initial appearances beginning next week.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein commended the HSI Baltimore, Prince George’s County and Montgomery County Police Departments, Prince George’s County State’s Attorney’s Office, the Takoma Park Police Department and Montgomery County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein also recognized the Prince George’s County Sheriff’s Office, HSI Baltimore’s Operation Community Shield Task Force and the Maryland Department of Corrections Intelligence Unit for their assistance. Mr. Rosenstein thanked Assistant United States Attorney William D. Moomau and Kevin L. Rosenberg, a Trial Attorney with the Justice Department Criminal Division’s Organized Crime and Gang Section, who are prosecuting this case.
Newport News Man Pleads Guilty to MurderRead the Press Release
NEWPORT NEWS, Va. – Kevin L. Ashby, 25, of Newport News, Va., pleaded guilty yesterday to participating in a racketeering conspiracy and violence in aid of racketeering including murder.
Dana J. Boente, Acting United States Attorney for the Eastern District of Virginia, FBI Special Agent in Charge Royce E. Curtin, and, Richard Meyers, Chief of Newport News Police, made the announcement after the plea was accepted by United States District Judge Raymond Jackson.
Ashby was indicted by a federal grand jury on July 17, 2013, for his participation in a racketeering conspiracy, two counts of murder in aid of racketeering, as well as numerous firearm and robbery charges. Ashby faces a mandatory life sentence when he is sentenced on June 26, 2014.
According to court documents, Ashby was part of a criminal organization known locally as “Thug Relations,” alternatively known as “the Duct,” “Warwick Lawnz,” “TR,” and “from the Duct to the Lawnz,” a neighborhood gang operating in the Aqueduct Apartments, St. Michael’s Apartments, Mariner’s Landing Apartments, Heritage Trace Apartments, as well as Warwick Lawns, Warwick Town Home, Sharon Drive, and the Savage Drive areas of Newport News, Virginia. Ashby admitted his participation in the racketeering conspiracy as charged in the indictment, that alleged a criminal enterprise engaged in murder, attempted murder, witness intimidation, robbery, and narcotics distribution. The indictment specifically charged the murders of Andre Horton and Andre Julius Johnson on May 17, 2009, the murder and robbery of Lafayette Bailey on December 15, 2009, and the murder and robbery of Lloyd Robinson on January 8, 2010. Ashby admitted his involvement in this criminal activity in a statement of facts filed in open court at the time of his guilty pleas.
This investigation was led by FBI and the Safe Streets Task Force, with assistance from the Newport News Police and the Virginia State Police. Assistant United States Attorneys Howard J. Zlotnick and Lisa R. McKeel, and Special Assistant United States Attorney Jonathan A. Ophardt are prosecuting the case on behalf of the United States.
copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.
New York Men Charged with Extorting Connecticut ResidentRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that ERNEST SYKU, 43, of the Bronx, N.Y., and ROBERT FRANCELLA, also known as “Bobby Fingers,” 54, of Yonkers, N.Y., were arrested today on a federal criminal complaint charging them with collection of an extension of credit by extortionate means.
According to statements made in court, SYKU and FRANCELLA are alleged to have threatened a Connecticut resident with violence in order to induce this individual to pay an alleged $240,000 debt.
Following their arrests, SYKU and FRANCELLA appeared before U.S. Magistrate Judge William I. Garfinkel in Bridgeport and were detained pending detention hearings that are scheduled for next week.
If convicted of the charge of collection of an extension of credit by extortionate means, both SYKU and FRANCELLA face a maximum term of imprisonment of 20 years and a fine up to $250,000.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the FBI Fairfield County Organized Crime Task Force, the Internal Revenue Service – Criminal Investigation Division, the Bridgeport Police Department, and the Connecticut State Police. This case is being prosecuted by Assistant U.S. Attorney Hal Chen.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]New Federal Law on Animal FightingRead the Press Release
U.S. Attorney’s Office, The Humane Society of the United States Applaud Animal Fighting Spectator Prohibition Act
Montgomery, Alabama - George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama, and the Humane Society of the United States are raising public awareness of the newly enacted federal animal fighting law that makes it a felony to knowingly bring a child under the age of 16 to an animal fight and a misdemeanor to knowingly attend an animal fight.
Since 2008, it has been a federal felony to sponsor, exhibit, buy, sell, deliver, possess, train or transport an animal for participation in an animal fighting venture. This crime is punishable by a term of imprisonment of five years and a fine of $250,000.
The newly enacted Animal Fighting Spectator Prohibition Act, which was included in the final 2014 Farm Bill, makes it a federal felony to knowingly bring a minor under the age of 16 to a dogfight or cockfight, punishable by up to three years in prison and a $250,000 fine, and a federal misdemeanor to knowingly attend a fight as a spectator, punishable by up to one year in prison and a $100,000 fine. The HSUS and the U.S. Attorney’s Office, who worked together in the second-largest dogfighting raid in U.S. history, praise these upgrades, which provide law enforcement with additional tools to put an end to organized dogfighting and cockfighting.
George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama, said: “Animal fighting is a cruel activity, it is not a sport. No one should have to watch such brutality, but it is particularly outrageous to expose children to these fights because it desensitizes them to violence and brutality. Criminals also use these animal fights to sell drugs and hide illegal profits. The enactment of this new law gives us additional law enforcement tools to crack down on this barbaric activity and the other crimes that go along with it.”
Wayne Pacelle, president and CEO of The Humane Society of the United States, said: “The recent upgrades to the federal animal fighting law mean that the entire cast of characters involved in these criminal enterprises is subject to arrest and prosecution, and these people face a brighter future if they give up their cruel hobby. We commend the U.S. Attorneys’ Office for taking on the scourge of organized animal fighting, and we look forward to providing whatever assistance federal law enforcement needs to uproot that criminal underworld.”
In August 2013, The Humane Society of the United States and the ASPCA ® (The American Society for the Prevention of Cruelty to Animals), at the request of the United States Attorney's Office and the Federal Bureau of Investigation, assisted in seizing 367 dogs in coordinated raids across Alabama, Mississippi and Georgia. Thirteen people have been arrested as a result of these raids and trial is scheduled for May 2014.
The federal Animal Fighting Spectator Prohibition Act had the bi-partisan support of Congress and was enacted into law as part of the Farm Bill in February. Since 2002, the federal law on animal fighting has been upgraded four times.
PRESS CONTACT: Clark Morris
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Fax: (334) 223-7617Nevada Man Pleads Guilty to Federal Drug Charges in IdahoRead the Press Release
BOISE – Jose E. Carrillo, 26, of Las Vegas, Nevada, pleaded guilty today in United States District Court to distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. Carrillo was indicted by a federal grand jury in Boise, Idaho, on May 29, 2013.
According to the plea agreement, Carrillo admitted that on April 13, 2013, he met with and delivered methamphetamine to an undercover officer at a parking lot in Meridian, Idaho.
The charge is punishable by up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.
Carrillo is set for sentencing on May 29, 2014, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration (DEA), in conjunction with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Meridian Police Department, and the Ada County Sheriff’s Office. Other federal agencies participating in the OCDETF program include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Internal Revenue Service-Criminal Investigation, Federal Bureau of Investigation (FBI), and U.S. Marshals Service.
The OCDETF program is a federal multi agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Navajo Man Sentenced to Twenty Years in Federal Prison for Sexually Abusing a Child in San Ildefonso PuebloRead the Press Release
ALBUQUERQUE – Samuel Billy, 49, an enrolled member of the Navajo Nation who resides in El Rancho, N.M., which is located in San Ildefonso Pueblo, was sentenced this morning to 20 years in federal prison followed by ten years of supervised release for his child sexual abuse conviction. Billy will be required to register as a sex offender after he completes his prison sentenced. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.
Billy was arrested on Jan. 7, 2013, on a criminal complaint alleging that he sexually abused a child less than 12 years old in early Nov. 2012. According to the complaint, Billy sexually abused the child victim, who was left in his care, in his residence in San Ildefonso Pueblo on at least two occasions. Billy subsequently was charged in a four-count superseding indictment with three counts of aggravated child sexual abuse and one count of abusive sexual contact. The indictment alleged that Billy sexually abused the child victim on four separate occasions between Nov. 1, 2012 and Dec. 31, 2012, in a location within San Ildefonso Pueblo.
On Sept. 12, 103, Billy pleaded guilty to a felony information charging him with sexual abuse. During his plea hearing, Billy admitted touching the child victim’s genitals while the victim was sleeping and incapable of appraising the nature of the conduct.
This case was investigated by the Santa Fe office of the FBI and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito 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/.
Natrona Convenience Store Owner Pleads Guilty to Food Stamp FraudRead the Press Release
PITTSBURGH – A convenience store owner pleaded guilty in federal court to charges of conspiracy, food stamp fraud and money laundering, United States Attorney David J. Hickton announced today.
Waqar A. Malik, 56, of Cheswick, Pa., pleaded guilty to three counts before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, Malik, the owner of the Natrona Mart in Natrona, Pa., allowed federal Supplemental Nutrition Assistance Program (SNAP) food stamp beneficiaries to purchase non-eligible items such as cigarettes, tobacco products and soap with their EBT benefit card. Because of these transactions, Malik received funds from the United States government to which he was not entitled.
The law provides for a maximum total sentence of not more than 35 years in prison, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The U.S. Department of Agriculture-Office of Inspector General, the Internal Revenue Service-Criminal Investigations and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) conducted the investigation that led to the prosecution of Waqar A. Malik.
Milton Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
CONCORD, NEW HAMPSHIRE –Wayne Willey, 54, of Milton, was sentenced in United States District Court for the District of New Hampshire to 20 months in prison for possession of methamphetamine with the intent to distribute, announced United States Attorney John P. Kacavas.
Members of the New Hampshire State Police and United States Postal Inspection Service seized a package containing approximately one ounce of methamphetamine which was destined for Willey. The package was shipped to Willey from Daniel Preston, a resident of Monument, Colorado. During an ensuing investigation, law enforcement agents determined that from January 2011 through January 2012, Preston shipped quantities of methamphetamine from Colorado to Willey in New Hampshire. Once the methamphetamine arrived in New Hampshire, Willey would repackage it in gram quantities and distribute it.
Preston pled guilty to conspiracy to distribute methamphetamine and distribution of methamphetamine and is scheduled to be sentenced in May 2014.
The case was investigated by the New Hampshire State Police and the United States Postal Inspection Service, and prosecuted by Assistant United States Attorney Terry L. Ollila.
Milo Robert Cook III Sentenced to 96 Months in Prison for Drug OffensesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on March 5, 2014, MILO ROBERT COOK III, 34, of Billings, was sentenced to 96 months in prison, followed by 5 years supervised release by Senior U.S. District Judge Donald Molloy. The sentence followed Cook's December 2013 guilty plea to Possession of Methamphetamine with the Intent to Distribute.
In an Offer of Proof filed by Assistant U.S. Attorney Joe Thaggard, the Government stated that In approximately November 2012, law enforcement officers in Billings, Montana, began to investigate allegations that the Defendant was involved in the distribution of methamphetamine.
On November 15, 2012, law enforcement officers in Billings seized approximately 11 grams of suspected methamphetamine from the Defendant's vehicle. A chemical analysis of the substance disclosed it consisted of 11.6 grams of a substance containing a detectable amount of methamphetamine; 11 grams of the substance was actual (pure) methamphetamine.
On or about March 11, 2013, Tomas Alvarado was arrested in Idaho in possession of a large amount of cocaine and methamphetamine which he was transporting to Billings for distribution. The following day, law enforcement officers in Billings interviewed Alvarado. Alvarado stated he met the Defendant in approximately October 2012, in Nevada. Alvarado stated that, over the ensuing months, he provided more than 500 grams of a methamphetamine to the Defendant to distribute in the Billings area.
On March 14, 2013, law enforcement officers executed a search warrant on the residence of Walter White, which is located in Lockwood. They recovered methamphetamine packaged for distribution.
The officers interviewed White. White admitted that he had received methamphetamine from Alvarado between October 2012 and March 2013. White stated that he provided over 500 grams of methamphetamine to the Defendant to distribute during that time period.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
The case was investigated by the Drug Enforcement Administration and Billings area law enforcement.
Michigan Man Pleads Guilty to Highland Bank RobberyRead the Press Release
Follow @SDILNewsStephen R. Wigginton, United States Attorney for the Southern District of Illinois, announced today that Ramsey Z. Fakhouri, 22, of Troy, Michigan, pled guilty today to an indictment charging him with bank robbery.
The charge relates to an incident that occurred on February 14, 2014, in Highland, Illinois, when Fakhouri, with the help of another man, robbed the Bradford National Bank in Highland, Illinois.
Documents filed with the court reveal that Fakhouri and the other man traveled from Michigan to Highland, where the other man, armed with an air gun which looked like a real firearm, robbed a bank employee of cash. The employee was about to put the cash into the bank’s ATM machine outside the bank. The total amount stolen was $25,780.
Fakhouri was arrested when he returned to the Highland Police Department, claiming that images he had seen in the media, which looked like Fakhouri, were not of him. However, upon questioning by the police, Fakhouri admitted that he and another were the perpetrators – the other being the person who robbed the employee, and Fakhouri being the driver of the getaway car. The other suspect, who is presumed innocent until proven guilty beyond a reasonable doubt, was later apprehended on February 17, 2014, in Chesterfield, Michigan.
Sentencing for Fakhouri is set for July 11, 2014.
The case was investigated by members of the Highland Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Stephen B. Clark.
Memorial Hospital in Ohio Pays Government $8.5 Million <br /> to Settle False Claims Act AllegationsRead the Press Release
Memorial Hospital (Memorial), an Ohio nonprofit corporation that operates an acute care hospital in Fremont, Ohio, has agreed to pay $8.5 million to settle claims that it violated the False Claims Act, the Anti-Kickback Statute and the Stark Statute by engaging in improper financial relationships with referring physicians, the Justice Department announced today.
“Improper financial relationships between health care providers and their referral sources can undermine physicians' judgment about patients' true health care needs and drive up health care costs for everyone,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. "The Justice Department is firmly committed to recovering the taxpayer dollars lost due to these arrangements and making sure that all health care providers follow the rules.”
The Anti-Kickback Statute and the Stark Statute restrict the financial relationships that hospitals may have with doctors who refer patients to them. The settlement announced today involved allegations that financial relationships that Memorial had with two physicians – a joint venture between Memorial and a pain management physician and an arrangement under which an ophthalmologist purchased intraocular lenses and then resold them to Memorial at inflated prices - violated statutory requirements. These issues were disclosed to the government by Memorial.
"Physician referrals should be made exclusively based on what's best for the patient, not on financial relationships," said U.S. Attorney for the Northern District of Ohio Steven M. Dettelbach. "We hope that this settlement will once again help drive that message home."
The improper referrals at issue in this matter included Medicaid patients. Medicaid is funded jointly by the states and the federal government. The State of Ohio, which paid for some of the Medicaid claims at issue, will receive $600,383 of the settlement amount.
“The price of such arrangements can be very costly to the nation’s health care system, taxpayers and provider organizations,” said Inspector General of the U.S. Department of Health and Human Services Daniel R. Levinson. “So, we are pleased that Memorial stepped forward to disclose these improper financial relationships and is working to avoid future occurrences.”
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Secretary of Health and Human Services Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of $19 billion through False Claims Act cases, with more than $13.4 billion of that amount recovered in cases involving fraud against federal health care programs.
This case was handled by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Northern District of Ohio and the Department of Health and Human Services Office of Inspector General. The claims settled by this agreement are allegations only, and there has been no determination of liability.