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30 January 2014
Woman Sentenced to Prison for Lying to FBI and IRS in Connection with Mortgage Fraud InvestigationRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced that in federal court on January 27, 2014, Chief United States District Judge James C. Dever, III sentenced LILIANA DELIA DEIAC, 43, of Jamaica, NY, to 18 months in prison, followed by 3 years of supervised release. She pled guilty to Making Material False Statements, in violation of Title 18, United States Code, Section 1001. DIEAC was also ordered to make restitution in the amount of $674,856.94 to Wells Fargo Bank.
On May 18, 2010, DEIAC was questioned by special agents with the Internal Revenue Service Criminal Investigation (IRS-CI) and the Federal Bureau of Investigation (FBI). At that time, IRS-CI and the FBI were investigating a fraudulent property flipping scheme committed by, among others, Arthur Barnes and David Johnson, who have already been sentenced to prison. DEIAC was questioned because evidence showed that DEIAC was involved in the purchase of a $2 Million property at 1016 Clear Creek Farm Drive in Raleigh using her husband’s name and credit, and without the husband’s knowledge or consent. Participants in the scheme failed to make mortgage payments on the property, resulting in foreclosure and losses to Wells Fargo Bank in the amount of $674,856.94.
When questioned by the FBI and IRS-CI, DEIAC lied about the circumstances of her involvement in the transaction. Specifically, DEIAC told special agents that when she executed loan and closing documents, she believed that she was leasing a building located in New York. In fact, DEIAC was aware that the multimillion dollar transaction at 1016 Clear Creek Farm Drive in Raleigh was a purchase, using her husband’s name and credit. The investigation established that DEIAC participated in the transaction based upon promises of cash kickbacks from others who orchestrated the deal.
“IRS Criminal Investigation is committed to uncovering fraud and abuse in all facets of the housing market - a market upon which so many American families have pinned their hopes and their futures for so many years,” said Special Agent in Charge, Jeannine A. Hammett, Charlotte Field Office. “I want to assure the American public that IRS-CI will not rest until the tide of this criminal activity is turned.”
On August 6, 2013, DEIAC pled guilty to Count 2 of the Indictment which charged her with Making Material False Statements, in violation of Title 18, United States Code, Section 1001.
Investigation of this case was conducted by the Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorney William M. Gilmore represented the Government.
Waterford Man Admits Stealing and Possessing FirearmsRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MARK MISSINO, also known as “Mark Houston” and “Mark Serano,” 46, formerly of Waterford, pleaded guilty today before U.S. Magistrate Judge William I. Garfinkel in Bridgeport to one count of possession of firearms by a previously convicted felon.
According to court documents and statements made in court, on November 13, 2010, MISSINO and Bernard McAllister possessed 19 firearms that they had stolen during a string of residential burglaries that took place between 2008 and 2010. The firearms were discovered in an East Lyme storage locker with more than 8,000 other items believed to have been taken during the burglaries.
Prior to November 13, 2010, MISSINO had been convicted of multiple felony offenses in Connecticut and Florida, including convictions for larceny, burglary, robbery, grand theft and escape. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
MISSINO, who is scheduled to be sentenced by U.S. District Judge Stefan R. Underhill on April 24, 2014, is subject to the Armed Career Criminal Act, a federal law imposing severe penalties for firearm or ammunition possession by persons who have been convicted of at least three violent felonies or serious drug offenses. As an Armed Career Criminal, MISSINO faces a minimum term of imprisonment of 15 years and a maximum term of imprisonment of life.
McAllister, 43, formerly of Lisbon, pleaded guilty to the same charge on June 6, 2013, and awaits sentencing.
MISSINO and McAllister have been detained since November 18, 2010, when they were arrested in Massachusetts. They also have pleaded guilty in state court to several charges related to the series of residential burglaries.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Connecticut State Police, the Massachusetts State Police, and the East Lyme, Greenwich, Madison, Guilford, Glastonbury, North Branford and Wallingford Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Jonathan S. Freimann and Robert M. Spector.
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(203) 821-3722 [email protected]Washington Woman Sentenced for Distributing Meth on Nez Perce ReservationRead the Press Release
COEUR D’ALENE – Stacia Larrea Greene, 29, of Clarkston, Washington, was sentenced today in United States District Court to 30 months in prison followed by three years of supervised release for distribution of methamphetamine, U.S. Attorney Wend J. Olson announced. U.S. District Court Judge Edward J. Lodge also ordered Greene to pay a $3,000 fine and forfeit $5,000 in United States currency. She pleaded guilty to the charge on November 12, 2013.
According to statements made during the sentencing hearing, Greene distributed methamphetamine and cocaine on several occasions in 2011 and 2012. Her drug sales occurred in Lewiston, and on the nearby Nez Perce Indian Reservation.
The Greene case was jointly investigated by the Bureau of Indian Affairs, Drug Enforcement Administration, Idaho State Police, and Nez Perce Tribal Police.
Utah Man Sentenced for Drug ChargeRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Jan. 30, 2014, Rodney L. Kirk, 46, Spanish Fork, Utah, pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession with intent to distribute a controlled substance (methamphetamine).
Judge Hovland sentenced Kirk to serve four years and two months in federal prison, to be followed by three years of supervised release. Kirk was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
In 2011, Kirk moved from Utah to Williston, North Dakota, for employment. Shortly after arriving in North Dakota, he started importing methamphetamine from Utah with the intent to distribute it in North Dakota. On October 18, 2011, law enforcement officials executed a search warrant at Kirk’s residence in Williston and found approximately seven ounces of methamphetamine, with a street value of $15,000 - $20,000.
The case was investigated by the Drug Enforcement Administration, the Williston Police Department and the Northwest Narcotics Task Force.
Assistant U.S. Attorney David Hagler prosecuted the case.
Utah Man Charged in Marijuana Trafficking SchemeRead the Press Release
PITTSBURGH - A Utah resident has been indicted by a federal grand jury in Pittsburgh on charges of conspiracy and possession with intent to distribute a controlled substance, United States Attorney David J. Hickton announced today.
The two-count indictment, returned yesterday, named Ken Barton Burrow, 53, currently incarcerated in the Lawrence County Jail, as the sole defendant.
According to the indictment, Burrows conspired with others to distribute 100 kilograms or more of marijuana.
The law provides for a maximum total sentence of not more than 80 years in prison, a fine of $10,000,000, 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.
Homeland Security Investigations, Customs and Border Protections Air and Marine, along with the Union and Mahoning Township Police Departments, and the Pennsylvania State Police, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. The defendant is presumed innocent unless and until proven guilty.
United States Files Motion in Connection with the Robert Mericle CaseRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced today that on January 29, 2014 it filed a motion in United States District Court in Scranton seeking a hearing regarding the modification of the plea agreement between the government and Mericle and to determine whether the defendant has breached the plea agreement.
Senior United States District Court Judge Edwin M. Kosik has scheduled Mericle’s sentencing for February 26, 2014.
Two Sentenced for Involvement in <br /> Aryan Brotherhood of Texas Racketeering MurderRead the Press Release
An Aryan Brotherhood of Texas (ABT) gang member and an ABT associate were sentenced to prison today for their involvement in the May 2008 murder of an ABT prospect member.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas made the announcement after sentencing by U.S. District Judge Sim Lake in the Southern District of Texas.
Shane Gail McNiel, aka “Dirty,” 34, of San Antonio, was sentenced to serve 120 months in prison and Destiny Nicole Feathers, 24, of Jourdanton, Texas, was sentenced to serve 78 months in prison. In addition to their prison terms, McNiel and Feathers were sentenced to serve three years of supervised release.
On Aug. 21, 2013, McNiel pleaded guilty to the charge of accessory after the fact in the murder. Feathers pleaded guilty to the same offense on Aug. 14, 2013.
According to information presented in court, McNiel was a member of the ABT and Feathers was associated with the gang, a powerful, race-based, statewide organization that operates inside and outside of state and federal prisons throughout Texas and the United States. According to court documents, an ABT prospective member was murdered by Jim Flint McIntyre, 43, aka “Q-Ball,” Michael Dewayne Smith, 30, aka “Bucky,” and another ABT gang member for allegedly stealing drugs he was ordered to deliver to a customer on behalf of the ABT. According to court documents, the murder was a result of a “discipline” ordered by Frank Lavell Urbish, aka “Thumper,” and his superiors. The victim’s body was discovered in Atascosa County, Texas, on May 4, 2008. McIntyre, Smith, and Urbish each pleaded guilty to this racketeering murder in 2011.
According to the superseding indictment, the ABT was established in the early 1980s within the Texas prison system. The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s. According to the superseding indictment, previously, the ABT was primarily concerned with the protection of white inmates and white supremacy. Over time, the ABT has expanded its criminal enterprise to include illegal activities for profit.
Court documents allege that the ABT enforced its rules and promoted discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Members, and oftentimes associates, were required to follow the orders of higher-ranking members, often referred to as “direct orders.”
According to the superseding indictment, to be considered for ABT membership, a person must be sponsored by another gang member. Once sponsored, a prospective member must serve an unspecified term, during which time he is referred to as a prospect, while his conduct is observed by the members of the ABT.
McNiel and Feathers are two of 36 defendants charged with conducting racketeering activity through the ABT criminal enterprise, among other charges.
This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County, Texas, Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; Harris County, Texas, Sheriff’s Office; Tarrant County, Texas, Sheriff’s Office; Atascosa County, Texas, Sheriff’s Office; Orange County, Texas, Sheriff’s Office; Waller County, Texas, Sheriff’s Office; Alvin, Texas, Police Department; Carrollton, Texas, Police Department; Mesquite Texas, Police Department; Montgomery County District Attorney’s Office; and the Atascosa County District Attorney’s Office.
The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office for the Southern District of Texas.Two Men Sentenced in Marijuana Distribution ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that two men convicted of Conspiracy to Distribute a Controlled Substance were sentenced on January 27, 2014, by U.S. District Judge Karen E. Schreier.
Samuel Joseph Pfeifle, age 27, of Sioux Falls, South Dakota, and Sean Michael McFarland, age 33, of Vermillion, South Dakota, were both sentenced to 60 months in prison, to be followed by 4 years of supervised release.
The United States obtained money judgments against both men ($80,000 as to Pfeifle and $100,000 as to McFarland) as forfeiture of money or property they acquired as a result of their illegal activities.
The men were indicted on September 10, 2013, for conspiracy to distribute more than 100 kilograms of marijuana. McFarland pled guilty on October 30, 2013, and Pfeifle pled guilty on November 7, 2013.
The men joined a conspiracy to illegally distribute marijuana in South Dakota and elsewhere. During their involvement, the men grew, harvested, and obtained marijuana, illegally distributed it, caused it to be illegally delivered and distributed, paid others for it, and received payments for it.
This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in both South Dakota and California, and the Internal Revenue Service, Criminal Investigations. Assistant U.S. Attorney Connie Larson prosecuted the case.
Both men were remanded to the custody of the U.S. Marshals Service.
Two Men Sentenced in Marijuana Distribution ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that two men convicted of Conspiracy to Distribute a Controlled Substance were sentenced on January 27, 2014, by U.S. District Judge Karen E. Schreier.
Samuel Joseph Pfeifle, age 27, of Sioux Falls, South Dakota, and Sean Michael McFarland, age 33, of Vermillion, South Dakota, were both sentenced to 60 months in prison, to be followed by 4 years of supervised release.
The United States obtained money judgments against both men ($80,000 as to Pfeifle and $100,000 as to McFarland) as forfeiture of money or property they acquired as a result of their illegal activities.
The men were indicted on September 10, 2013, for conspiracy to distribute more than 100 kilograms of marijuana. McFarland pled guilty on October 30, 2013, and Pfeifle pled guilty on November 7, 2013.
The men joined a conspiracy to illegally distribute marijuana in South Dakota and elsewhere. During their involvement, the men grew, harvested, and obtained marijuana, illegally distributed it, caused it to be illegally delivered and distributed, paid others for it, and received payments for it.
This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in both South Dakota and California, and the Internal Revenue Service, Criminal Investigations. Assistant U.S. Attorney Connie Larson prosecuted the case.
Both men were remanded to the custody of the U.S. Marshals Service.
Two Men Charged with Trafficking Prescription NarcoticsRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that JAMES LOUIS COSTANZO, 35, of Ansonia, and BRIAN EARL, 39, of North Haven, were arrested last week on federal charges related to the illegal distribution of prescription narcotics.
According to allegations contained in court documents, in May 2013, the Drug Enforcement Administration’s New Haven Tactical Diversion Squad and the Ansonia Police Department initiated an investigation into COSTANZO, who had been identified as an illegal distributor of narcotic pharmaceuticals. The investigation, which included multiple controlled purchases of oxycodone and the use of electronic surveillance, revealed that COSTANZO sold prescription narcotics to numerous customers from his Dwight Street residence. The investigation further revealed that EARL supplied COSTANZO with large quantities of oxycodone and other prescription narcotics, and also sold drugs to his own customers.
On January 23, COSTANZO and EARL were arrested on criminal complaints charging each with conspiracy to distribute oxycodone and possession with intent to distribute oxycodone.
At the time of COSTANZO’s arrest, he possessed a 9mm handgun that was loaded with hollow-point ammunition, and $439 in cash. A subsequent search of his residence revealed approximately 600 oxycodone pills, four firearms, ammunition, approximately $5,500 in cash, and more than 50 stored-value cards.
At the time of EARL’s arrest, he possessed $2,557 in cash, and a search of his North Haven residence revealed approximately 11,000 prescription pills, including Oxycontin, oxycodone and oxymorphone.
The charges of conspiracy to distribute oxycodone and possession with intent to distribute oxycodone carry a maximum term of imprisonment of 20 years and a fine of up to $1 million.
COSTANZO, who has been detained since his arrest, appeared today in Bridgeport federal court for a detention hearing. The hearing was continued until February 7.
EARL is released on a $150,000 bond.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This ongoing investigation is being conducted by the DEA’s New Haven Tactical Diversion Squad, with the assistance of the Ansonia Police Department and the Fairfield Police Department. The case is being prosecuted by Assistant U.S. Attorneys David X. Sullivan and Michael E. Runowicz.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
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(203) 821-3722 [email protected]Two Charged for Sheffield Lake Bank RobberyRead the Press Release
A federal grand jury returned an indictment today charging two people with robbing the Chase Bank at 4100 East Lake Road, Sheffield Lake, Ohio, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Andrew Perry, 21, of Lakewood, and Bryce Herring 18, of Elyria, were indicted on charges of bank robbery for the January 11, 2014, robbery of the financial institution.
This case is being prosecuted by Assistant U.S. Attorney Matthew B. Kall following investigation by the Federal Bureau of Investigation, the Sheffield Lake Police Department, and the North Olmsted Police Department.
If convicted, each defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Triadelphia Resident Convicted on Obstructing and Resisting Officers ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistDefendant Faces up to Two Years in Prison
WHEELING, WEST VIRGINIA - A 43-year old Triadelphia, West Virginia, man was convicted this week by a federal jury in a one-day trial before Chief Judge John Preston Bailey.
According to United States Attorney William J. Ihlenfeld, II, MICHAEL BEHRENS was convicted on two misdemeanor offenses of “Obstructing and Resisting an Officer.” Evidence offered at trial showed that just prior to the reading of the verdict in BEHRENS’ brother’s criminal trial, Judge Frederick P. Stamp, Jr. had advised all spectators to keep their comments and emotions to themselves upon hearing the verdict. Upon the reading of the verdict, BEHRENS stood up, kicked the bench in front of him, made a vulgar verbal outburst and existed the courtroom by throwing open a door.
Deputy U.S. Marshals ran after BEHRENS and ordered him to stop in the lobby of the federal building. When they told him that the Judge wanted him back in the courtroom, BEHRENS refused and said that he was leaving. Deputies were escorting him back through the lobby when he suddenly pulled away and a struggle ensued. BEHRENS forcibly resisted the deputies and ignored their verbal commands. With the assistance of Court Security Officer, BEHRENS was brought under control, restrained and taken to the U.S. Marshals’ holding cell. He was then taken to Judge Stamp’s courtroom.
BEHRENS, who is free on bond pending sentencing, faces up to 1 year in prison on each count.
The case was prosecuted by Assistant United States Attorney David J. Perri was investigated by the United States Marshals Service.
Three Miami Residents Indicted for Alleged Roles <br /> in $190 Million Medicare Fraud SchemeRead the Press Release
Three Miami residents have been indicted for their alleged participation in a $190 million Medicare fraud scheme.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement after the indictment was unsealed.
On Jan. 28, 2014, a federal grand jury in Miami returned a 10-count indictment charging Nelson Rojas, 43, Roger Bergman, 64, and Rodolfo Santaya, 54, for allegedly participating in a scheme to defraud Medicare by submitting false and fraudulent claims, from approximately December 2002 to October 2010.
Rojas was charged with conspiracy to pay and receive bribes and kickbacks in connection with a federal health care program, conspiracy to commit money laundering, two counts of money laundering and one count of aggravated identity theft. Bergman and Santaya were each charged with conspiracy to commit health care fraud and wire fraud. In addition, Bergman was charged with conspiracy to make false statements relating to health care matters. Santaya was also charged with conspiracy to pay and receive bribes and kickbacks in connection with a federal health care program, as well as two counts of receiving bribes and kickbacks in connection with a federal health care benefit program.
According to the indictment, Rojas, Bergman and Santaya allegedly participated in a scheme orchestrated by the owners and operators of American Therapeutic Corporation (ATC) and its management company, Medlink Professional Management Group Inc. ATC and Medlink were Florida corporations headquartered in Miami. ATC operated purported partial hospitalization programs (PHPs), a form of intensive treatment for severe mental illness, in seven different locations throughout South Florida. Both corporations have been defunct since October 2010.
The indictment alleges that Bergman was a licensed physician’s assistant who participated in the scheme by, among other things, admitting Medicare beneficiaries to ATC facilities for PHP treatment even though they did not quality for such treatment and falsifying patient records to make it appear as though patients needed, qualified for and actually received legitimate PHP treatment when they did not. The indictment alleges that Santaya served as a patient recruiter who provided ineligible patients to ATC in exchange for kickbacks. The indictment alleges that Rojas was the co-owner of a check cashing business and that he facilitated the payments of bribes and kickbacks from ATC to various patient recruiters.
ATC, Medlink and various owners, managers, doctors, therapists, patient brokers and marketers of ATC and Medlink have pleaded guilty or have been convicted at trial. In September 2011, ATC owner Lawrence Duran was sentenced to 50 years in prison for his role in orchestrating and executing the scheme to defraud Medicare.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. The case is being prosecuted by Assistant Chief Robert A. Zink and Trial Attorney Nicholas E. Surmacz.
Since their inception in March 2007, Medicare Fraud Strike Force operations in nine locations have charged more than 1,700 defendants who collectively have falsely billed the Medicare program for more than $5.5 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov .Three Miami Residents Indicted for Alleged Roles in $190 Million Medicare Fraud SchemeRead the Press Release
Three Miami residents have been indicted for their alleged participation in a $190 million Medicare fraud scheme.
U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement after the indictment was unsealed.
On Jan. 28, 2014, a federal grand jury in Miami returned a 10-count indictment charging Nelson Rojas, 43, Roger Bergman, 64, and Rodolfo Santaya, 54, for allegedly participating in a scheme to defraud Medicare by submitting false and fraudulent claims, from approximately December 2002 to October 2010.
Rojas was charged with conspiracy to pay and receive bribes and kickbacks in connection with a federal health care program, conspiracy to commit money laundering, two counts of money laundering and one count of aggravated identity theft. Bergman and Santaya were each charged with conspiracy to commit health care fraud and wire fraud. In addition, Bergman was charged with conspiracy to make false statements relating to health care matters. Santaya was also charged with conspiracy to pay and receive bribes and kickbacks in connection with a federal health care program, as well as two counts of receiving bribes and kickbacks in connection with a federal health care benefit program.
According to the indictment, Rojas, Bergman and Santaya allegedly participated in a scheme orchestrated by the owners and operators of American Therapeutic Corporation (ATC) and its management company, Medlink Professional Management Group Inc. ATC and Medlink were Florida corporations headquartered in Miami. ATC operated purported partial hospitalization programs (PHPs), a form of intensive treatment for severe mental illness, in seven different locations throughout South Florida. Both corporations have been defunct since October 2010.
The indictment alleges that Bergman was a licensed physician’s assistant who participated in the scheme by, among other things, admitting Medicare beneficiaries to ATC facilities for PHP treatment even though they did not quality for such treatment and falsifying patient records to make it appear as though patients needed, qualified for and actually received legitimate PHP treatment when they did not. The indictment alleges that Santaya served as a patient recruiter who provided ineligible patients to ATC in exchange for kickbacks. The indictment alleges that Rojas was the co-owner of a check cashing business and that he facilitated the payments of bribes and kickbacks from ATC to various patient recruiters.
ATC, Medlink and various owners, managers, doctors, therapists, patient brokers and marketers of ATC and Medlink have pleaded guilty or have been convicted at trial. In September 2011, ATC owner Lawrence Duran was sentenced to 50 years in prison for his role in orchestrating and executing the scheme to defraud Medicare.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. The case is being prosecuted by Assistant Chief Robert A. Zink and Trial Attorney Nicholas E. Surmacz.
Since their inception in March 2007, Medicare Fraud Strike Force operations in nine locations have charged more than 1,700 defendants who collectively have falsely billed the Medicare program for more than $5.5 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Three Individuals Indicted on Crack Cocaine ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WV – Three individuals have been indicted by a federal grand jury on crack cocaine charges, according to United States Attorney William J. Ihlenfeld, II.
JAMES WILLARD JOHNSON a/k/a BUM, age 38, of Martinsburg; EDDIE YOUNG, III a/k/a BOBO, age 39, of Martinsburg; and, NAVARRE SOWELL, age 37, of Hagerstown, Maryland, were named in an eight-count Indictment charging them with “Conspiracy to Possess with Intent to Distribute and to Distribute More than 28 Grams of Crack Cocaine.”
JOHNSON is named in seven additional counts charging him with five counts of “Distribution of Crack Cocaine” and two counts of “Distribution of More than 28 Grams of Crack Cocaine” and “Distribution of Crack Cocaine,” and YOUNG is named in an additional count of “Distribution of Crack Cocaine.”
The defendants each face up to forty years in prison on the conspiracy and distribution of more than 28 grams of crack cocaine charges and up to twenty years in prison on each of the distribution charges.The U.S. Attorney’s Office is also seeking to forfeit currency which was seized from defendants on June 13, 2013.
This case was investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.
In addition, the following indictments were also returned:
GWEN MICHELLE LITTEN, age 32, of Keaneysville, West Virginia, was named in a five-count Indictment charging her with two counts “Theft of Government Money”; one count “Social Security Representative Payee Fraud,” and two counts of “False Statement for Use in Determining Survivor’s Benefits.” The U.S. Attorney’s office is also seeking to forfeit $10,853 which constitutes proceeds derived from the charges.
RAHEEM SELFALLAH UQDAH a/k/a ARTHUR EDWARD FRANKS, JR., age 66, of Martinsburg, was named in a two-count Indictment charging him with two counts “Theft of Government Money”; and “False Statement for Use in Determining Social Security Benefits.” The U.S. Attorney’s office is also seeking to forfeit $15,835 which constitutes proceeds derived from the charges.The LITTEN and UQDAH cases were investigated by the Social Security Administration Office of Inspector General.
The JOHNSON, LITTEN and UQDAH cases will be prosecuted by Assistant United States Attorney Jarod J. Douglas.
VICTOR ROBERTO ESTANGLE-FLORES, age 34, an inmate at USP Hazelton was named in a two-count Indictment charging him with “Assault with a Dangerous Weapon with Intent to do Bodily Harm,” and “Possession of a Prohibited Object.” ESTANGLE-FLORES faces up to ten years in prison on the assault charge and five years in prison on the possession charge. This case will be prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Special Investigative Services Unit at USP Hazelton.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.Stow Man Sentenced to 33 Months in Prison for FraudRead the Press Release
A Stow man was sentenced to nearly three years in prison for defrauding his employer out of more than $744,000, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Thomas A. Steiger, 45, was sentenced to 33 monthis in prison after previously pleading guilty to six counts of wire fraud and four counts of interstate transportation of property obtained by fraud.
Steiger admitted that he had defrauded his employer, Voith Industrial Services, Inc. of Cincinnati. While working for Voith, Steiger was located at the Ford Motor Company Stamping Plant in Walton Hills, Ohio. During 2011-2012, Steiger defrauded his employer by ordering industrial equipment on company invoices, and after receipt, selling the equipment to individuals not related to Voith. Voith lost at least $744,109 as a result of Steiger’s scheme, according to court documents.
Steiger was also orderd to pay $744,109.00 in restitution.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Walton Hills, Ohio, Police Department. The case was prosecuted by Assistant United States Attorney James V. Moroney.
Statement by Attorney General Eric Holder <br /> Regarding the Case of Dzhokhar TsarnaevRead the Press Release
Attorney General Eric Holder today released the following statement regarding the case of Dzhokhar Tsarnaev:
“After consideration of the relevant facts, the applicable regulations and the submissions made by the defendant’s counsel, I have determined that the United States will seek the death penalty in this matter. The nature of the conduct at issue and the resultant harm compel this decision.”
Statement by U.S. Attorney Carmen M. Ortiz Regarding Attorney General's Authorization of the Death PenaltyRead the Press Release
Today, United States Attorney General Eric H. Holder, Jr. authorized the government to seek the death penalty in the case of United States v. Dzhokhar A. Tsarnaev. We support this decision and the trial team is prepared to move forward with the prosecution.
A short time ago, the government filed with the Court the required notice of intent to seek the death penalty. The case will now continue to proceed through the pretrial process and the next scheduled court event is a status conference set for February 12, 2014.
While I understand the public interest in this matter, we have rules that limit the release of information and the scope of public statements. The process by which this decision was made is confidential, and I will not comment further about that process other than to say that it entailed a careful and detailed consideration of the particular facts and circumstances of this case.
St. Francis Man Charged with False Statements and FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.
Titus James Iron Shield, age 48, was indicted on January 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 23, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an incident that took place on April 30, 2013, when Iron Shield presented a forged prescription to a pharmacy to obtain Hydrocodone pills knowing the prescription was falsified.
The charges are merely an accusation and Iron Shield is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of the Inspector General – Department of Health and Human Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Iron Shield was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Charles Doctor Pleads Guilty to Medicare FraudRead the Press Release
St. Louis, MO - DR. KHALED HASSAN, St. Charles County, pled guilty to billing Medicare for "face to face" office visits performed on dates when he was actually traveling outside of the United States.
According to his plea agreement, Dr. Hassan dispensed prescription drugs to a large percentage of his patients, including the drugs Percocet®, Xanax®, Ativan®, Oxycontin® and Oxycodone®. Since some states and many health care programs limit controlled substance prescriptions to thirty-day supply amounts, his patients often had regular appointments with him roughly every thirty days to renew their prescriptions for these drugs. However, on some occasions, Dr. Hassan’s patient appointments conflicted with his travel schedule. On three occasions in March 2009, September 2009 and December 2011, Dr. Hassan traveled internationally, leaving his nurse to conduct a number of patient visits in his absence and provide his patients with assorted pre-signed prescriptions for controlled substances. During these same time frames, Dr. Hassan directed his office staff to bill Medicare for face-to-face office visits. Ultimately, the Drug Enforcement Administration received a number of complaints about Dr. Hassan’s prescribing practices, including a report from the Hazelwood Fire Department in February 2012, that a patient had overdosed and become unconscious in the parking lot of Dr. Hassan’s medical office in Florissant, Missouri. During a subsequent search of Dr. Hassan’s office, agents recovered a number of pre-signed prescriptions for several patients, as well as medical records for individual patients with unusual controlled substance prescribing patterns.
Dr. Hassan pled guilty to three felony counts of making false statements to the Medicare program before United States District Judge Catherine D. Perry. Sentencing has been set for April 23, 2014.
He now faces a maximum penalty of five years in prison and/or fines up to $250,000 per count. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Drug Enforcement Administration and the Office of Inspector General for the U.S. Department of Health and Human Services.
Sioux Falls Man Sentenced in Firearms CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on January 27, 2014, by U.S. District Judge Karen E. Schreier.
Andrei Kevin Russell, age 29, was sentenced to 92 months in prison, to be followed by 3 years of supervised release.Russell was indicted for being a felon in possession of a firearm and for possessing a stolen firearm by a federal grand jury on March 6, 2013. He pled guilty to the stolen firearm offense on November 1, 2013. The other charge was dismissed.
Russell came into contact with law enforcement at his residence in Hartford, South Dakota, on July 19, 2012. He gave officers permission to search his residence, where they discovered a Benelli 12-gauge semi-automatic shotgun in the garage. The shotgun had been stolen from a Sioux Falls residence.This case was investigated by the Sioux Falls Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Connie Larson prosecuted the case.
Russell was immediately turned over to the custody of the U.S. Marshals Service.
Serial Bank Robber Sentenced to 20 Years in PrisonRead the Press Release
ALEXANDRIA, Va. –Thomas B. Peeler, 47, of Washington, D.C., was sentenced today to 240 months in prison, followed by three years of supervised release, for the armed robberies of a BB&T bank in Alexandria and a GameStop store in Clementon, New Jersey. He was also ordered to pay $63,045.88 in restitution.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga.
Peeler pleaded guilty on November 7, 2014. According to court documents, within nine months of being released from a 10 year federal prison sentence for a prior bank robbery, Peeler committed two armed robberies in Alexandria and one armed robbery in Clementon, New Jersey. At sentencing, the court also noted that the defendant committed three additional robberies in New Jersey during this period of time.
As part of his plea agreement, the defendant admitted that he brandished a firearm and threatened to harm or kill employees during his robbery of BB&T bank on April 22, 2010. The defendant also admitted that he displayed a firearm during his robbery of GameStop on May 7, 2010. Peeler was ultimately connected to both robberies after two citizens observed Peeler walking to a getaway car outside the BB&T bank after the robbery and noted the vehicle’s license plate.
This case was investigated by the FBI’s Washington Field Office’s Violent Crimes Task Force with assistance from WFO's Evidence Response Team, the FBI Laboratory’s Forensic Audio Video Image Analysis Unit, and the FBI Laboratory’s Chemistry Unit. Special Assistant U.S. Attorney Robert J. Heberle and Assistant U.S. Attorney Rebeca H. Bellows prosecuted the case on behalf of the United States.A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14-cr-288.
Sentencing for January 27 - 30, 2014Read the Press Release
David Michael Faust, 42, of Cheyenne, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on January 30, 2014, for attempted online solicitation of a minor. He received 120 months imprisonment, to be followed by ten years supervised release, and was ordered to pay a $1,100.00 fine and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force.
Paul D. Cardwell, 47, of Tipton, Indiana, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 27, 2014, for conspiracy to commit mail and wire fraud. Cardwell was arrested in Hua Hin, Thailand. He received 121 months imprisonment, to be followed by three years supervised release, and was ordered to pay restitution in the amount of $1,698,644.77 and a $100.00 special assessment. This case was investigated by the U.S. Internal Revenue Service Criminal Investigation Division and the U.S. Postal Inspection Service.
Christopher Shawn Seymour, 43, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 27, 2014, for one count of attempted online enticement of a minor and one count of carrying a firearm during and in relation to a crime or violence. Seymour was arrested in Cheyenne, Wyoming. He received 180 months imprisonment, to be followed by 15 years of supervised release, and was ordered to pay a $300.00 fine and a $200.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force.
Amy Conway, 30, of Laramie, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 27, 2014, for conspiracy to possess with intent to distribute, and to distributing 56 grams of methamphetamine. Conway was arrested in Laramie, Wyoming. She received 24 months imprisonment, to be followed by four years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Albany County Sheriff’s Office and the Wyoming Division of Criminal Investigation.
Santeria Follower Convicted of Federal Drug ChargesRead the Press Release
BROWNSVILLE, Texas - Francisco Javier Maya, 35, has been convicted of one count of conspiracy to possess and possession with intent to distribute approximately 1,000 pounds of marijuana, announced United States Attorney Kenneth Magidson. The verdict was returned less than an hour ago after two days of trial testimony and approximately six hours of deliberations.
The jury heard evidence that placed Maya in a conspiracy involving several marijuana loads each totaling between 300 and 1,000 pounds between the summer of 2012 and January 2013. His role in the drug trafficking organization was to provide tractor trailer drivers to drive marijuana loads to locations including Houston and Taylor, Texas. Maya would share in the profits of each load, making between $4000-$5000 per load.
On one occasion, he provided his wife’s bank account number in order for another conspirator to deposit the drug proceeds. Evidence was presented that $6,500 was deposited Maya’s wife’s account on Nov. 28, 2012, right after a successful 300 pound marijuana delivery to Taylor by the organization.
Two cooperating defendants testified at trial that Maya was a follower of the Santeria religion. The jury saw photos of Maya’s residence in Mission, Texas, which depicted numerous images of what was considered to be altars showing glasses of alcohol, knives, a machete, kettles, feathers and substances that appeared to be blood. Testimony also included descriptions of two rituals involving the sacrifice of animals.
In December 2012, Maya had a Santeria priest perform rituals with the organization to “bless” a 1,000 pound marijuana load that was destined for Houston. Tthe “priest’s” decision was for the marijuana load to remain in the Rio Grande Valley. The next day, a second ritual was performed and the 1,000 pounds of marijuana was to be transported to Houston. However, the marijuana was stolen by unknown individuals from the group that evening. After the theft, law enforcement was able to determine the events and conspirators surrounding the drug trafficking organization.
Other members of the organization, Jesus Maruicio Juarez aka Flaco or JJ, Ruben Gonzalez Cavazos aka Mume, Adolfo Loazano Luna aka Chofero, and Alberto Martinez aka Diablo, have already pleaded guilty and are set for sentencing Feb. 5, 2014.
U.S. District Judge Hilda G. Tagle, who presided over the trial, has set Maya’s sentencing for May 7, 2014, at which time he faces a mandatory minimum of five and up to 40 years in prison on each count of convictions. He will remain in custody pending that hearing.
The case was investigated by the Drug Enforcement Administration, FBI, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives and Brownsville Police Department. Assistant United States Attorneys Angel Castro and Jody Young prosecuted the case.
San Juan Island Man who Falsely Tried to Collect Disability Benefits Found Guilty of Conspiracy, Mail Fraud & False StatementsRead the Press Release
The former owner of a San Juan Island coffee shop named “Criminal Coffee,” was found guilty today in U.S. District Court in Seattle of conspiracy, mail fraud and making false statements, announced U.S. Attorney Jenny A. Durkan. CORY MICHAEL EGLASH, 52, was found guilty following a four-day jury trial. The jury deliberated about two hours before convicting EGLASH of conspiracy to defraud the United States, four counts of mail fraud and making false statements to the government. EGLASH’s long-time girlfriend Ramona Hayes, 41, was also charged in the case. She pleaded guilty prior to trial. Sentencing for EGLASH is scheduled before U.S. District Judge Ricardo S. Martinez on April 28, 2014.
According to filings in the case and testimony at trial, both EGLASH and Hayes filed claims with the Social Security Administration stating they were disabled and unable to work. In addition to his own application, EGLASH made statements as verification for Hayes’s disability claim. Hayes’s application, filed in early 2011, claimed she was unable to deal with the public and could not venture outside. EGLASH’s application, filed in November 2011, stated that he was so disabled that he was “almost home-bound,” and could not work or play sports. The investigation by the Social Security Administration Office of Inspector General revealed that both EGLASH and Hayes worked at the coffee shop they owned, and that EGLASH also earned $17 an hour working at a public aquarium on San Juan Island. In fact, in the same week that he submitted his application saying he could not be physically active, he participated in two full-court pick-up basketball games at the community center. At trial, prosecutors showed videos of EGLASH and Hayes working at the ‘Criminal Coffee’ shop.
EGLASH’s application was never approved. Hayes wrongfully collected more than $42,000 before the fraud was detected.
Conspiracy to Defraud the United States is punishable by up to ten years in prison, mail fraud is punishable by up to 20 years in prison and making false statements to the government is punishable by up to five years in prison.
The case was investigated by the Social Security Office of Inspector General (SSA-OIG) and was prosecuted by Special Assistant United States Attorney Seth Wilkinson and Assistant United States Attorney Thomas Woods. Mr. Wilkinson prosecutes Social Security fraud cases in federal court as part of a partnership between the United States Attorney’s Office and the Social Security Administration Office of the General Counsel.Sales Broker Sentenced in Manhattan Federal Court to 18 Months in Prison for Fraudulent Mark-Up SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, today announced that MAREK LESZCZYNSKI, a former sales broker, was sentenced in Manhattan federal court to 18 months in prison on charges of conspiracy to commit securities fraud and wire fraud. LESZCZYNSKI – along with Benjamin Chouchane and Henry Condron – defrauded clients out of millions of dollars by misrepresenting the prices at which securities were bought and sold. In doing so, the brokerage firm for which they worked earned illegitimate and illegal trading profits, and LESZCZYNSKI, Chouchane, and Condron were awarded lucrative bonuses. LESZCZYNSKI pled guilty to charges of conspiracy to commit securities fraud and wire fraud in August 2013, and was sentenced today by U.S. District Judge John F. Keenan.
Manhattan U.S. Attorney Preet Bharara said: “Marek Leszczynski blatantly defrauded his firm’s clients by providing them with distorted prices for trade executions in order to inflate firm profits and help procure himself and his cohorts hefty bonuses. With today’s sentence, he has learned that prison time is one’s reward for engaging in such illicit conduct.”
According to the Complaint, Indictment, statements made during LESZCZYNSKI’s guilty plea, and other court documents:
From 2005 through November 2010, LESZCZYNSKI, Chouchane, and Condron worked at a broker-dealer that was headquartered in London, England, with offices in major cities in Europe, Asia, and the United States (“Broker-Dealer 1”). Among other services offered, Broker-Dealer 1 bought and sold securities on behalf of institutional clients, such as commercial banks and investment firms located throughout the United States and in various European cities.
LESZCZYNSKI and Chouchane worked as sales brokers for Broker-Dealer 1’s Cash Equity Desk in New York, New York. In that capacity, they were responsible for receiving orders to buy or sell securities from Broker-Dealer 1’s clients, relaying those orders to traders who executed the trades, communicating with clients as their orders were being filled, and sending trading confirmations to the clients that showed the prices at which securities were bought or sold – including any commissions that Broker-Dealer 1 charged. Condron worked as an execution trader and a middle office manager. In that capacity, Condron was responsible for executing buy and sell orders at the instructions of sales brokers, such as LESZCZYNSKI and Chouchane, and inputting trading data into Broker-Dealer 1’s bookkeeping system.
From 2005 until December 2008, LESZCZYNSKI, Chouchane, and Condron misrepresented the execution prices at which securities were bought and sold. For example, when Broker-Dealer 1 received a buy order from a client, the defendants and their co-conspirators caused the purchase price of the security that would be reported back to the client to be “marked up” from its actual purchase price. Conversely, when Broker-Dealer 1 received a sell order from a client, the defendants and their co-conspirators caused the sale price of the security that would be reported back to the client to be “marked down” from its actual sale price. The difference between the actual execution prices and the false prices reported to clients was hidden from Broker-Dealer 1’s clients, enabling Broker-Dealer 1 to earn millions in trading profits to which it was not entitled. As a result of the fraudulent scheme, LESZCZYNSKI, Chouchane, and Condron were paid inflated bonuses.
In addition to the prison term, Judge Keenan sentenced LESZCZYNSKI, 44, of Miami, Florida, to two years of supervised release. LESZCZYNSKI was also ordered to forfeit $1.5 million, to make restitution in the amount of $1.5 million, and to pay a $100 special assessment fee.
Chouchane, 39, of Miami, Florida, who previously pled guilty to one count of conspiracy to commit securities fraud and wire fraud, was sentenced on November 15, 2013, by Judge Keenan to two years in prison and two years of supervised release, and was ordered to forfeit $5 million and to make restitution in the amount of $5 million. Condron, 34, of New York, New York, who previously pled guilty to one count of securities fraud and two counts of conspiracy to commit securities fraud, is scheduled to be sentenced on February 5, 2014, by U.S. District Judge Naomi Reice Buchwald.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation. He also thanked the U.S. Securities and Exchange Commission for its assistance.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a Co-Chair of the Securities and Commodities Fraud Working Group. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.StopFraud.gov.
The case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Benjamin Naftalis is in charge of the prosecution.
Repeat Offender Sentenced to 8 Year Prison Term for Illegally Possessing Assault WeaponsRead the Press Release
A Mason County resident with multiple prior felony convictions was sentenced today in the U.S. District Court in Seattle to eight years in prison and three years of supervised release for being a felon in possession of a firearm, announced U.S. Attorney Jenny A. Durkan. JOHN CHRISTIAN PARKS, 38, of Belfair, Washington was arrested on March 30, 2013 while target shooting in the Mt. Baker-Snoqualmie National Forest. U.S. Forest Service officers heard multiple shots and were directed to the group by a witness who said he had encountered the armed men. Law enforcement recovered eight firearms, including four assault rifles. Evidence introduced at trial revealed PARKS had illegally purchased and possessed two of the assault rifles. PARKS was convicted October 31, 2013. At sentencing, U.S. District Judge Thomas S. Zilly said this case “illustrates how easy it is for anyone to buy firearms online or on the street.”
According to records and testimony at trial, PARKS used a false identity to purchase one of the assault rifles over the internet from a seller in Virginia. Two more high powered guns were purchased locally with witnesses identifying PARKS as the purchaser. PARKS is prohibited from possessing firearms as a result of eight prior felony convictions, including convictions for: drug possession in Grant County in 2001, Jefferson County in 2001, and King County in 2001 and 2004; drug manufacturing and distribution in Clallam County in 1998 and Pierce County in 2005; and escape in King County in 2004.
In asking for the maximum ten year sentence, prosecutors wrote “The combination of his drug dealing convictions (whether or not accompanied by drug use), his clear and deliberate attempts to conceal his identity as the purchaser of the charged weapons, and the nature of the firearms themselves (assault rifles capable of accepting extended magazines) demonstrate that Parks has no intention of complying with the law and will likely continue to obtain firearms upon release from incarceration.”
The case was investigated by the U.S. Forest Service and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The case was prosecuted by Special Assistant United States Attorneys Stephen Hobbs and Seth Wilkinson. Mr. Hobbs is a Senior Deputy King County Prosecutor specially designated to prosecute firearms cases in federal court.
Rapid City Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on January 27, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Murphy was immediately turned over to the custody of the U.S. Marshals Service.
Eric Murphy, age 28, was sentenced to 10 years of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Murphy will also be required to register as a sex offender.
On August 3, 2013, as part of a sex-trafficking undercover operation during the Sturgis Bike Rally, Murphy was arrested for attempting to obtain sex with a 12-year old girl. Murphy responded to a law enforcement-generated Internet advertisement which advertised sex with a fictitious 12 or 13 year-old girl and negotiated the terms of the sexual encounter. Murphy then met with an undercover agent posing as the pimp who could provide the young girl, and he was subsequently arrested.
The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce, the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the Meade County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Rapid City Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on January 27, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Murphy was immediately turned over to the custody of the U.S. Marshals Service.
Eric Murphy, age 28, was sentenced to 10 years of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Murphy will also be required to register as a sex offender.
On August 3, 2013, as part of a sex-trafficking undercover operation during the Sturgis Bike Rally, Murphy was arrested for attempting to obtain sex with a 12-year old girl. Murphy responded to a law enforcement-generated Internet advertisement which advertised sex with a fictitious 12 or 13 year-old girl and negotiated the terms of the sexual encounter. Murphy then met with an undercover agent posing as the pimp who could provide the young girl, and he was subsequently arrested.
The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce, the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the Meade County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Plummer Man Sentenced for Theft of Tribal PropertyRead the Press Release
COEUR D’ALENE — Larry James Wolfe, 34, of Plummer, Idaho, was sentenced today for theft from a tribal organization, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge ordered Wolfe to serve three years of probation, pay $1,387 in restitution, and perform 80 hours of community service.
According to court documents, on October 20, 2012, Wolfe drove into the Coeur d’Alene Tribal Facilities storage area and stole four tires and four rims valued at approximately $1,300. Wolfe did not have permission to take the property, which belonged to an Indian Tribal Organization.
The case was investigated by Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
Plummer Man Admits to Aggravated AssaultRead the Press Release
COEUR D’ALENE — Joseph L. James, 30, of Plummer, Idaho, pleaded guilty today in federal court to assault resulting in serious bodily injury, U.S. Attorney Wendy J. Olson announced. James was indicted by a federal grand jury in Coeur d’Alene on November 20, 2013.
According to the plea agreement, James admitted that on April 12, 2013, he hit his then-girlfriend in the face and broke her nose. The case was prosecuted federally because James and the victim are both enrolled members of a federally recognized Indian tribe, and the offense occurred on the Coeur d’Alene reservation.
The charge of assault resulting in serious bodily injury is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
James is scheduled to be sentenced on April 29, 2014, before U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d’Alene.
This case was jointly investigated by Coeur D’Alene Tribal Police and the Federal Bureau of Investigation.
Plant City Woman Sentenced to Prison for Tax FraudRead the Press Release
Tampa, Florida - U.S. District Judge Susan C. Bucklew today sentenced Jennifer Meier Hunt to 2 years and 6 months in federal prison for committing stolen identity refund fraud. As part of her sentence, the court also entered a forfeiture money judgment in the amount of $97,238.00, representing the proceeds of the tax fraud.
Hunt pleaded guilty to one count of theft of government property and one count of aggravated identity theft on June 25, 2013.
According to court documents, in April 2011, a confidential informant told agents from the Federal Bureau of Investigation (FBI) that certain employees of a Tampa based professional staffing company were filing fraudulent income tax returns using TurboTax.com. Three individuals involved in the conspiracy were then identified by agents, supervisors of the staffing company, and Turbo Tax. On May 19, 2011, federal search warrants were executed at the residences of these three individuals. The investigation subsequently revealed that between February 2, 2011, and May 2, 2011, Hunt used stolen identities to electronically file 75 fraudulent federal income tax returns in order to obtain refunds to which she was not entitled. The value of the refunds that would have resulted from the filed returns totaled approximately $187,687. Although some of the returns were rejected by the Internal Revenue Service, 47 of the fraudulent returns were accepted, resulting in the issuance of $97,238 in tax refunds to debit cards under the control of Hunt. None of the victims of the fraudulently-filed tax returns, which included a number of deceased individuals, had authorized Hunt to open or use a debit card in their name. Neither had anyone authorized the conspirators to file a tax return on his or her behalf.
This case was investigated by the FBI and the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney and Senior Litigation Counsel Donald L. Hansen.
Physician Practicing in Grass Valley and Yuba City Indicted for Illegal Prescription PracticeRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a six-count indictment today against Nicholas J. Capos Jr., 63, of Granite Bay, charging him with one count of conspiracy to distribute, dispense, and possess with intent to distribute oxycodone, and five counts of illegal distribution and dispensation of oxycodone, United States Attorney Benjamin B. Wagner announced.
According to court documents, Capos participated in a conspiracy to distribute the drug oxycodone. He is also charged with the distribution and dispensation of oxycodone outside the usual course of professional medical practice and without legitimate medical purposes. The indictment alleges that he illegally dispensed 1,590 30-milligram oxycodone pills in the summer of 2012.
U.S. Attorney Wagner said: “The misuse of oxycodone and other prescription painkillers is responsible for thousands of deaths every year. In this case, the government alleges that a licensed physician dispensed these powerful and deadly painkillers without a legitimate medical purpose. The law provides a consequence for persons who prescribe narcotics outside the scope of legitimate medicine.”
Drug Enforcement Administration Special Agent in Charge Jay Fitzpatrick stated: “Physicians who prescribe powerful prescription drugs without a legitimate medical purpose and outside the usual course of professional practice are not acting as doctors nor are they acting in the best interest of the public. DEA will aggressively pursue those who put the health and safety of the public at risk and contribute to the epidemic of prescription drug abuse.”
This case is the product of an investigation by the DEA, the California Medical Board, and the California Attorney General’s Bureau of Medi-Cal Fraud and Elder Abuse. Assistant United States Attorney Paul Hemesath is prosecuting the case.
If convicted, Capos faces a maximum statutory penalty of 20 years in prison and a $1 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.
Parmelee Man Charged with Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.
Adam Poor Bear, age 24, was indicted on December 10, 2013. He appeared before U.S. Magistrate Mark A. Moreno on January 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 2 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On December 2, 2013, Poor Bear, having been charged with Assault with a Dangerous Weapon and Supervised Release Revocation, failed to appear for his sentencing hearing as ordered by the court.
The charge is merely an accusation and Poor Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Poor Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
North Dakota Woman Charged with TheftRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mandan, North Dakota, woman has been indicted by a federal grand jury for Theft Concerning Programs Receiving Federal Funds.
Dawn Muir, age 52, was indicted on January 15, 2014. She appeared before U.S. Magistrate Judge William D. Gerdes on January 17, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between February 2, 2011, and December 31, 2013, Muir, being an agent of the Pretty Bird Woman House, knowingly and intentionally embezzled, stole, obtained by fraud, as well as intentionally misapplied property worth at least $5,000 which was owned by the Pretty Bird Woman House.
The charge is merely an accusation and Muir is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Justice Office of the Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Muir was released on bond pending trial. A trial date has not been set.
New York Man Arrested on Charges He Conspired with Others Involving Sales of Illegally Diverted Prescription DrugsRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
COLUMBUS – Federal agents arrested Albert Nassar, 58, of New York City on January 28 based on a federal indictment from Cincinnati charging him with conspiracy to commit mail and wire fraud in connection with the illegal sale of prescription drugs bearing false pedigrees that misrepresented the sources and origins of the drugs.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Antoinette Henry, Special Agent in Charge, U.S. Food and Drug Administration Office of Criminal Investigations, and Dugan Wong, Inspector in Charge, U.S. Postal Inspection Service announced the indictment returned on January 22.
The indictment alleges that Nassar, the owner of Worldwide Management Consultants, Inc., participated with others in a scheme between 2007 and 2009 to obtain prescription drugs from various illicit or unknown sources – known as diverted drugs – and then resell the drugs to unwitting wholesale drug companies using false pedigrees. The false pedigrees showed legitimate authorized distributors as the source of the drugs, when, the indictment alleges, the drugs were obtained outside lawful channels.
Other conspirators included Michael Schoenwald, 60, a Hollywood, Florida-based urologist, and Gregory Pfizenmayer, 45, the owner of G & D Enterprises in Foley, Alabama. As part of the conspiracy, Schoenwald obtained Lupron, an injectable drug used to treat prostate cancer, from the manufacturer at discount rates due to his status as a health care provider. Federal law prohibits the resale of such drugs by health care providers. Nassar allegedly directed Schoenwald to ship the Lupron to Pfizenmayer, who in turn sold the drugs to wholesale drug companies, providing false pedigrees that concealed the illicit source of the drugs.
Other prescription drugs allegedly involved in the conspiracy included Procrit, used to treat anemia in patients with kidney failure, and Neulasta, used to prevent infections in patients undergoing chemotherapy. The drugs were shipped with the false pedigrees by mail to drug wholesalers in New Jersey, Mississippi and Ohio, and each conspirator received payments including by wire transfer.
An initial appearance for Nassar was held in the Southern District of New York on the day he was arrested. Nassar was released on bond and ordered to appear before U.S. District Judge Karen L. Litkovitz in Cincinnati at 1:30 p.m. on February 6, 2014
Pfizenmayer pleaded guilty on February 2, 2011 and Schoenwald pleaded guilty on February 16, 2012. Both pleaded guilty to one count of conspiracy and are awaiting sentencing.
The indictment also seeks forfeiture of $2,703,840.93 from Nassar, which represents the proceeds of the fraud.
U.S. Attorney Stewart commended the investigation of this case by the FDA and Postal Inspectors, and Senior Litigation Counsel Anne Porter, who is prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
New Jersey Man, Stanley Zdon, Iii, Charged with Conspiracy to Produce Child PornographyRead the Press Release
STANLEY ZDON, III, age 28, a resident of Tuckerton, New Jersey, was charged today in a Superseding Bill of Information with conspiracy to produce child pornography, announced U. S. Attorney Kenneth Allen Polite, Jr.
According to court documents, inn November 2013, ZDON was arrested by special agents with the United States Department of Homeland Security, Homeland Security Investigations (“HSI”) after they determined that ZDON was responsible for receiving, distributing, and producing videos and images depicting the sexual exploitation of children via the Internet. ZDON has been in custody since his arrest.
Conspiracy to produce child pornography carries a mandatory minimum sentence of 15 years and a maximum sentence of 30 years. If convicted, ZDON will have to register has a sex offender.
U.S. Attorney Kenneth Allen Polite, Jr. reiterated that the Superseding Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations and the United States Postal Inspection Service. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
(Download Indictment )
New Charges V. NYPD Cop Indicted for Extorting A Queens Business Owner and Stalking His GirlfriendRead the Press Release
Dervishaj Indictment
More Than Two Dozen Arrested in Crackdown on Evansville-area Criminal OrganizationRead the Press Release
Joint investigation leads to early-morning arrests across city and the filing of federal charges
EVANSVILLE – United States Attorney Joseph H. Hogsett, joined by Vanderburgh County Prosecutor Nicholas Hermann, Sheriff Eric Williams, and Evansville Police Chief Billy Bolin, announced this afternoon the early-morning arrest of 22 Evansville-area residents in a city-wide crackdown on drug trafficking and other gang-related activities. This joint federal-local investigation is part of the U.S. Attorney’s ongoing Violent Crime Initiative.
“The allegations in this case describe a dangerous gang that for years peddled violence and drugs across the city of Evansville,” Hogsett said. “These charges also serve as a reminder that if you are involved in organized crime in this city, if you assist these groups in any way, you too will wake up one morning soon to the sound of law enforcement at your door.”
Today’s arrests center around a local criminal street gang that operated under the name “300 Wag Block,” which is a reference to the 300 block of Waggoner Avenue in Evansville. According to the federal indictment, the gang has been responsible for numerous acts of violence and the local distribution of drugs, including cocaine. The indictment describes a complex series of code words that were used by gang members to describe their criminal activities.
The federal indictment alleges a pattern of criminal behavior that stretched over four years. All told, eight defendants have been charged with offenses that include conspiring to distribute crack cocaine, multiple counts of possessing and distributing drugs, as well as numerous federal firearm offenses related to illegally possessing firearms in the course of these drug trafficking activities.
The indictment also alleges specific instances of gang-related violence in Vanderburgh County. This includes the June 2012 assault of an individual in a local parking lot, the firing of weapons at individuals on Florida Street in October 2013, and a series of recorded gang meetings that took place late last year. The indictment describes the collective criminal histories of the defendants, which include multiple local convictions related to violent acts and drug trafficking.
Those eight defendants charged federally include:
• Maleek Davis, a/k/a “Skinny” or “Pluto Dollas,” age 21
• Mykale Davis, a/k/a “Kales,” age 22
• Tiackquien Douglas, a/k/a “TT,” age 21
• Gerald Butler, a/k/a “Boogie,” age 23
• Luther Lawton, a/k/a “Lut Lut” or “LL,” age 21
• Duwan McKinney, a/k/a “Mula” or “Shorty,” age 27
• Lusta Johnson, age 21
• D’Mariea Fox, age 23Defendant Fox remains a fugitive at this time. In addition, 11 defendants arrested this morning face state charges for their alleged roles in the group, while three state defendants remain fugitives at this time.
This case was the result of a collaborative investigation involving the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation’s Safe Streets Task Force, the United States Marshals Service, as well as the Vanderburgh County Sheriff’s Office, and the Evansville Police Department.
According to Assistant U.S. Attorney Matthew P. Brookman, who is prosecuting the federal case for the government, all of the defendants could be sentenced to decades in federal prison. Due to extensive criminal histories, some of the defendants could face life imprisonment without the possibility of parole. Under federal law, the defendants would be required to serve at least 85% of their sentence within a correctional facility if they are found guilty.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Moorhead Man Pleads Guilty During TrialRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Jan. 30, 2014, David Ramiro Cerna, Jr., 37, of Moorhead Minn., pleaded guilty during the third day of trial to aiding and abetting the conspiracy to distribute methamphetamines and marijuana. U.S. District Judge Ralph R. Erickson is presiding over the case.
The conspiracy involved the transportation of kilogram quantities of methamphetamine from Texas that was distributed in the Fargo-Moorhead area. Co-conspirators also obtained large quantities of marijuana from the Minneapolis area and distributed it throughout the local area.
Cerna Jr. faces 10 years to life in prison. There have also been 13 defendants now convicted in association with this organization.
The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, North Dakota Bureau of Criminal Investigations, Fargo and Moorhead Police Departments, and Cass County Drug Task Force.
Sentencing is set for April 14, 2014, at 10:00 a.m. U.S. District Court.
First Assistant U.S. Attorney Chris Myers and Assistant U.S. Attorney Brett Shasky are prosecuting the case.
Miami Men Sentenced in Social Security and Tax Refund Fraud Scheme Involving Stolen IdentitiesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Thomas Caul, Special Agent in Charge, Social Security Administration (SSA), Office of Inspector General, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that defendant Daniel Jean Charles, 31, of Miami, was sentenced yesterday to 57 months in prison, followed by three years of supervised release.
Charles pled guilty to one count of conspiracy to commit access device fraud, in violation of Title 18, United States Code, Section 1029, and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A.
Co-conspirator Wesley Compere, 31, of Miami, previously pled guilty to one count of conspiracy to commit access device fraud, in violation of Title 18, United States Code, Section 1029, and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A, in a separate case. Compere was sentenced to 70 months in prison, followed by three years of supervised release.
According to court documents, Charles and Compere used stolen identities to file fraudulent Social Security Retirement Income Benefit (RIB) and fraudulent income tax refund claims. The scheme involved the payment of $111,002.10 in fraudulent RIB claims and $128,431.80 in fraudulent tax refund claims.
Mr. Ferrer commended the investigative efforts of SSA-OIG, FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Frank Maderal.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mesquite, TX Man Sentenced to 180 Months for Methamphetamine DistributionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JASON DEWAYNE ESTEP, age 42, of Mesquite, Texas, was sentenced to 180 months imprisonment, followed by 5 years of supervised release for Drug Conspiracy, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).
The charges are a result from an investigation by the Oklahoma Bureau of Narcotics, the McIntosh County Sheriff’s Office, District 25 District Attorney’s Drug Task Force, Eufaula Police Department, the Mesquite Police Department in Texas and the United States Marshal Service. The defendant was indicted in March, 2013 along with CLINTON McKENZIE BEVENUE, age 36, of Eufaula, Oklahoma.
The Indictment alleged that beginning in or around December 19, 2012, within the Eastern District of Oklahoma, the defendant did willfully and knowingly combine, conspire, confederate and agree with others known and unknown to the Grand Jury, to commit offenses against the United States in violation of Title 21, United States Code, Section 846, to wit: to knowingly and intentionally possess with intent to distribute and distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.
Assistant United States Attorney Shannon Henson represented the United States.
Marine Police Commander Sentenced to Prison in Miramar Bribery SchemeRead the Press Release
This morning in federal court in San Diego, former Marine watch commander Luis Gilbert Menchaca was sentenced to prison for his role in a fraud and bribery scheme at Marine Corp Air Station (MCAS) Miramar. As part of the scheme, Menchaca – while serving as a watch commander for the military police at Miramar – paid thousands of dollars in bribes to another Marine in order to obtain tens of thousands of dollars in fraudulent lodging reimbursements. U.S. District Judge Dana M. Sabraw sentenced Menchaca to two years in prison followed by three years of supervised release, and ordered him to pay restitution to the Marine Corps in the amount of $37,632.
On July 16, 2013, Menchaca was found guilty by a federal jury of one count of conspiracy to commit bribery and three counts of making false claims. The trial evidence demonstrated that Menchaca first joined the Marine Corps in 1998, and after an initial four-year term in which he attained the rank of Sergeant, was discharged and entered the Marine Corps Reserve. From time to time thereafter, Menchaca received orders placing him on active duty. In connection with his mobilization orders, Menchaca became eligible to receive certain travel payments, including lodging reimbursement and a per diem allowance, for the entire duration of his active duty service. These travel payments were in addition to the compensation and basic housing allowance (“BAH”) that he, like other Marines, received.
In May 2007, after being placed on active duty at Miramar, Menchaca entered into a conspiracy with another Miramar Marine, Manuel Ramos-Padilla. Ramos worked in an administrative office at Miramar that processed travel claims for reservists like Menchaca. In connection with the scheme, Menchaca and Ramos agreed to submit falsely completed forms – called “travel vouchers” – that claimed reimbursement for thousands of dollars in lodging expenses that Menchaca had not incurred or paid. In addition to submitting these false travel vouchers, the conspirators submitted a fake rental receipt, for a nonexistent address on Mission Village Drive in San Diego.
Menchaca and Ramos repeated the scheme month after month, for a period of ten months. In total, Menchaca submitted approximately $38,000 in false lodging claims. The proceeds of the scheme were deposited directly into Menchaca’s bank account every month. In exchange for his role processing the false travel vouchers, Menchaca paid Ramos up to $1,000 per month in cash. On occasion, Menchaca also paid bribes to Ramos in the form of personal checks.
While on active duty with the Marine Corps, Menchaca spent over four years in the military police. During the time period of the fraud, Menchaca served as a watch commander within the military police. In that role, he supervised patrol supervisors, who in turn supervised lower-ranking military police officers. Menchaca had responsibilities for overseeing the enforcement of federal laws, including the Uniform Code of Military Justice; as well as for enforcing the California Vehicle Code and Miramar regulations.
United States Attorney Duffy stated, “Investigating and prosecuting bribery is one of our top priorities. With our nation’s military budget already strained, public corruption draining needed U. S. Marine Corps resources will not be tolerated.”
Menchaca’s co-defendant, Manuel Ramos-Padilla, previously pled guilty to conspiring to commit bribery and make false claims. On November 8, 2013, Ramos was sentenced by Judge Sabraw to 24 months in prison.
"The Special Agent in Charge of the NCIS Field Office at Camp Pendleton, Charles Warmuth, says "Misusing trust for personal gain is not a "victimless" crime; it siphons money that could otherwise be used to maintain the readiness of the nation's war fighters and NCIS is committed to bringing to justice those who commit such fraud."
DEFENDANT Case Number: 12cr5099-DMSLuis Gilbert Menchaca
CO-DEFENDANT Manuel Ramos-Padilla SUMMARY OF CHARGESConspiracy to commit bribery and false claims, in violation of Title 18, United States Code, Section 371 - Maximum penalties: 5 years in prison, $250,000 fine, term of supervised release of three years, restitution, forfeiture, and $100 special assessment.
Three counts of false claims, in violation of Title 18, United States Code, Section 287 - Maximum penalties (per count): Five years in prison, $250,000 fine, term of supervised release of three years, restitution, and $100 special assessment.
INVESTIGATING AGENCYNaval Criminal Investigative Service
Manufacturer and Distributor of Child Pornography Sentenced to 35 Years in Federal PrisonRead the Press Release
PROVIDENCE, R.I. – David Crisostomi, 38, of East Providence, R.I., was sentenced on Wednesday to 35 years in federal prison for using a prepubescent minor to manufacture child pornography and for possessing and distributing child pornography, announced United States Attorney Peter F. Neronha, Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police, and Vincent B. Lisi, Special Agent in Charge of the Boston field office of the FBI.
At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered Crisostomi to serve lifetime supervised release upon completion of his prison term. Crisostomo pleaded guilty on March 12, 2013, to three counts of production of child pornography and one count each of possession and distribution of child pornography. At the time of his guilty plea, Crisostomi admitted to the court that on at least three occasions he participated in the recording of child pornography with a prepubescent minor, and that he downloaded and shared child pornography with others.
United States Attorney Peter F. Neronha commented, "A child's innocence, once taken, can never be fully recovered. The defendant preyed on the most vulnerable and the most deserving of our protection. Every day of his very long sentence is warranted. I want to thank all those who helped bring this defendant to justice, in particular the men and women from various law enforcement agencies who make up the Rhode Island State Police ICAC and the FBI, who consistently demonstrate extraordinary leadership in this critical area."
According to information presented to the court, on January 6, 2012, an undercover agent from the FBI’s Innocent Images Operations Unit observed that a user later identified as David Crisostomi was online and was sharing two folders containing child pornography. Three days later, an undercover agent observed that Crisostomi was online and was now sharing four folders containing child pornography.
On February 16, 2012, agents from the FBI and the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force executed a federal search warrant at Crisostomi’s residence and seized numerous images and videos depicting child pornography, computers and other electronic devices.
Crisostomi has been detained in federal custody since his arrest on February 16, 2012.
Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police commented, “The underlying facts uncovered in this investigation resulted in this sentence. For more than the next three decades, this defendant will not be a threat to any children, which is comforting. I commend the investigators from the State Police ICAC Task Force, the FBI Agents and the prosecutors for bringing a predator to justice.”
“Mr. Crisostomi will sit for 35 years where he belongs,” said Vincent Lisi, the FBI Special Agent in Charge who is responsible for the FBI in Rhode Island. “The public should know we have many deeply committed special agents actively searching for individuals of Mr. Crisostomi’s kind. For others like him, his sentence should be a clear warning that there is nothing more important to the Rhode Island State Police, United States Attorney’s Office and FBI than ensuring the safety and protection of our children from those who harm them. We spare no effort when innocent children are manipulated or harmed by adults.”
The case was prosecuted by Assistant U.S. Attorney John P. McAdams.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Local Biotech Firm and Employees Admit Concealing Toxic Nature of Product from the FDARead the Press Release
UPDATE
On March 20, 2014, the charges against Alan Donald were dismissed without prejudice on the motion of the government.
San Diego biomedical device manufacturer Valor Medical, Inc, (“Valor”) and four of its employees admitted today that they failed to provide the Food and Drug Administration (“FDA”) with required information that would have cast doubt on the safety of Neucrylate, a product intended to treat aneurysms.
According to court documents, in 2007, Valor commissioned two preclinical tests on Neucrylate, a mouse lymphoma assay (MLA) and a chromosomal assay (CAA), both of which contained unfavorable results. Although Valor acknowledged receiving the reports, the company failed to include the results of the MLA and CAA testing when it submitted an application to the FDA for an investigational device exemption in September 2010. This failure represents a violation of the federal criminal statutes as all defendants admitted that the report was required to have been included with Valor’s application under the Food, Drug and Cosmetic ACT (“FDCA”).
According to court records, Valor created two separate products, one intended for use in blood vessels in the brain (Neucrylate AN) and one intended for use in blood vessels near the heart (Neucrylate AVM). 2 Because both products are considered to be Class III medical devices under the FDCA, premarket approval from the FDA is required before they can be sold in the United States. In order to perform clinical trials on humans to obtain the data needed to support an application for premarket approval, Valor needed to first obtain an investigational device exemption (“IDE”) from the FDA. The regulations relating to such exemptions require applicants to submit “reports of all prior clinical, animal and laboratory testing of the device.”
As the Valor devices are intended to be permanently implanted in the body, biocompatibility is very important. The FDA evaluates the biocompatibility of medical devices pursuant to ISO-10993, an international standard, which requires a series of at least three tests. Two of the three tests typically performed to satisfy these requirements are the MLA and CAA tests.
According to sentencing documents, after Valor sent the samples of Neucrylate to be tested, the lab reported to Alan Donald, a consultant hired by Valor, that all the chromosomes in the CAA test had been destroyed by initial contact with the Neucrylate. The lab asked if Valor wanted the lab to follow the standard protocol, which called for diluting the samples of Neucrylate and retesting. Rather than follow the standard protocol, Donald told the lab that no further testing should be performed. The lab’s final report indicated that “no chromosomes were present to be scored” – indicating that the Neucrylate was cytotoxic (i.e., toxic to cells). The official conclusion to the report indicated that the testing had not been completed pursuant to the testing protocol.1
At about the same time, the laboratory sent an email to Valor’s Chief Scientist, Peter Friedman, attaching the preliminary results of the MLA test, which advised Valor that “all testing has been completed and the test article is considered to be mutagenic” (i.e., an agent that changes the genetic material of a cell, usually DNA, thereby increasing the frequency of mutations). Friedman forwarded the email later that same day, with the attached preliminary results, to Valor’s then-CEO Charles Kerber, Board Member H. Clark Adams, and Alan Donald. Adams replied to all, saying, “Let’s huddle and determine how we overcome this obstacle. I have confidence that we can find an answer.”
Following this huddle, the company provided neither the CAA test results nor the MLA test results to the FDA, even though they filed two separate IDE applications and responded to several additional requests for information (virtually all of which specifically requested that the CAA and/or MLA tests be performed).
At the time that defendant Cathy Bacquet, Clinical Affairs Manager, compiled and submitted the IDE application to the FDA, the CAA test report was filed as Test Report #27 in the Valor Medical Technical Report Log. According to a Valor employee, Adams, Kerber, and Bacquet made the decision not to provide the CAA test to the FDA.
The MLA report was not in the Technical Report Log at the time Valor’s IDE was submitted in 2010 because Adams specifically prohibited its inclusion. However, a copy of the MLA test report was found on both Friedman’s and Bacquet’s computers during the execution of a search warrant. The file, created in 2007 on Friedman’s computer and in 2009 on Bacquet’s computer, was identified as “mouse lymphoma-failed.” In an email two months after the submission of the IDE, Bacquet wrote, “We have already done Mouse Lymphoma and do not want to repeat it.” Fortunately, the FDA rejected all of Valor’s IDEs for Neucrylate despite not having the failed test results.
After a December 2010 inspection of Valor uncovered the CAA test, the FDA sent a Warning Letter to Adams at Valor. The letter referenced Valor’s failure to disclose as a violation of the regulations requiring an applicant to submit all preclinical testing to the FDA. Bacquet, responding on behalf of Valor, claimed that Valor “inadvertently” left out the CAA and MLA tests in the application for the IDE. Valor blamed this “unintentional violation” on Alan Donald, who had separated from the company nearly a year before that IDE was filed. Bacquet falsely wrote in the letter, “Prior to February 10, 2011, the existence of this report [the MLA] was not known to VM management or Quality/Regulatory staff,” which is clearly contradicted by the series of emails between Friedman, Kerber, Adams, and Donald when the MLA results were received by Valor in 2007, and the presence of copies of the MLA report on the computers of Friedman and Bacquet.
The American people depend on the FDA to determine that there is sufficient scientific basis to believe that a proffered medical device is safe and effective before permitting clinical trials on human beings. The FDA, in turn, depends on the full and truthful disclosure of all pre-clinical testing by device manufacturers to make an educated determination. When information is withheld from the FDA, the decision-making process is corrupted. Here, the FDA did not approve the proffered medical device for clinical trials on humans, so no Americans were endangered by the defendants’ failure to provide the testing data to the FDA.
“Our nation’s system of evaluating medical device safety and effectiveness depends upon the submission of truthful data to the FDA,” said U.S. Attorney Laura Duffy. “When manufacturers like these defendants place their profits above their duty to honestly report the results of product testing, they place the American public’s health and safety in jeopardy. This office will continue to vigorously enforce laws designed to protect the health and safety of our citizens through cases like this.”
The company pled guilty to Failure to Provide Required Information in violation of Title 21, United States Code, Section 331(q)(1)(B) and 333(a)(1) (a felony). Former Valor CEO and current member of the Board of Directors H. Clark Adams, and Valor Regulatory and Clinical Affairs Manager Cathy Bacquet also pled guilty to the same crime but as misdemeanor. Valor founder Dr. Charles Kerber and Chief Scientist Peter Friedman entered into Deferred Prosecution Agreements in which they admitted that they knew the required information was omitted in the FDA Application. Finally, former Valor consultant, Alan Donald, pled guilty in a related criminal case for his role in failing to submit the CAA and MLA test results to the FDA with the 2008 IDE application. At the time, Donald was a member of the Board of Directors of Valor Medical, and was paid as a regulatory consultant.
"The FDA's regulatory decisions must be based on sound and truthful scientific evidence," said Lisa Malinowski, Special Agent in Charge, Office of Criminal Investigations, Los Angeles Field Office. "We will continue to protect the Agency's public health mission against this type of deliberate deception and aggressively pursue the prosecution of those who may endanger the public’s health. We commend the U.S. Attorney’s Office for their diligence in pursuing this investigation.”
United States Magistrate Judge David H. Bartick sentenced former Valor CEO H. Clark Adams to one year of probation, and a $5,000 fine, and sentenced Regulatory and Clinical Manager Cathy Bacquet to one year of probation and a $2500 fine. The sentencing for Valor Medical, Inc. is scheduled for February 19, 2014, at 9:30 a.m. before U.S. District Judge Dana Sabraw. A status hearing has been set for February 3, 2015, at 1:30 p.m. with respect to defendants Kerber and Friedman.
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1The lab’s internal Quality Event Details Form noted that the samples for the CAA test were “cytotoxic,” and the results were valid, but the sponsor was “choosing to cancel the study rather than perform dilutions” so a “full conclusion as to the genotoxicity of the sample will not be made.”
DEFENDANT Criminal Case No. 14cr0196-DMSValor Medical, Inc. San Diego, California
H. Clark Adams
San Diego, CaliforniaCathy Bacquet
San Diego, CaliforniaCharles Kerber
San Diego, CaliforniaPeter Friedman
San Diego, CaliforniaDate of Incorporation: 2007
Age: 77
Age: 49
SUMMARY OF CHARGESCount 1 (Defendant Valor Medical)
Failure to Provide Required Information, a felony, in violation of Title 21, United States Code, Section 331(q)(1)(B) and 333(a)(2)
Maximum Penalty for a corporation: 5 years probation, a $500,000 fine, $400 special assessmentCount 2 (remaining defendants)
Failure to Provide Required Information, a misdemeanor, in violation of Title 21, United States Code, Section 331(q)(1)(B) and 333(a)(1)
AGENCY
Maximum Penalty: 1 year in custody and/or $100,000 fine, $25 special assessment.U.S Food and Drug Administration, Office of Criminal Investigations
Lawyer Charged with Stealing Client FundsRead the Press Release
PHILADELPHIA - Gomer Thomas Williams, 54, of Philadelphia, PA, was charged today by information with one count of wire fraud in connection with a scheme to defraud clients of the legal firm where he worked. Williams was an attorney and associate with the Philadelphia law firm, Spector Gadon & Rosen (“Spector”). According to the information, between 2007 and 2012, Williams defrauded four of his trust and estate clients of approximately $503,361 by diverting funds from his clients’ accounts to his personal accounts, and by overbilling his clients for legal work that was not performed.
For the trusts, Williams was the trustee, and, for the estates, Williams was the administrator and/or executor. Williams exercised complete control over the victim-clients’ funds, including controlling their checking accounts. The information alleges that he abused his fiduciary position in transferring funds from their accounts to pay his own personal expenses, including his mortgage.
If convicted, Williams faces a potential advisory sentencing guideline range of 33 to 41 months in prison, a $100 special assessment, a possible fine, and up to three years of supervised release.The case was investigated by the FBI and is being prosecuted by First Assistant United States Attorney Louis D. Lappen.
Click here to view the indictment
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Lakeland Man Sentenced to 20 Years in Prison for Trafficking in MethamphetamineRead the Press Release
Tampa, FL – U.S. District Judge James D. Whittemore yesterday sentenced Ricky Muoio (45) to 20 years in federal prison for distribution of methamphetamine and possession with intent to distribute methamphetamine. Muoio was found guilty by a jury on November 6, 2013.
According to court documents, and testimony and evidence presented at trial, on April 11, 2013, a confidential source (CS) working with the Drug Enforcement Administration (DEA) purchased two ounces of methamphetamine for $3,000 from Muoio, at his residence in Lakeland. On April 24, 2013, DEA agents executed a federal search warrant at the residence. In one of the bedrooms, they found and seized a total of approximately 1.5 ounces of methamphetamine, $3,500 in cash and a digital scale.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Kathy J.M. Peluso.
Lake County Man Convicted of Federal Firearms OffenseRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Lucien Frank Sobolewski (44, Eustis) guilty of possession of a firearm and ammunition by an unlawful user of a controlled substance (marijuana). Sobolewski faces a maximum penalty of 10 years in federal prison. His sentencing hearing has not yet been scheduled. Sobolewski was indicted on March 20, 2013.
According to testimony and evidence presented at trial, U.S. Forestry officers stopped Sobolewski in the Ocala National Forest on February 6, 2013, for failure to wear a seatbelt. Sobolewski admitted to the officers that he had a .50 caliber handgun and marijuana inside of his truck. Even though Sobolewski was not a law enforcement officer, a search revealed a replica Drug Enforcement Administration (DEA) badge mounted inside his wallet. Further investigation revealed that Sobolewski had engaged in a pattern of marijuana use since he was 19 years old. Though Sobolewski had a Florida concealed weapons permit for the firearm, his pattern of marijuana use prohibited him from possessing either firearms or ammunition under federal law.
This case was investigated by the U.S. Forestry Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This case is involves ATF’s Frontline model - a three-pronged approach to violent crime reduction through community involvement, criminal enforcement, and sustainable prevention.
Justice Department Settles Disability Claims with Transportation Companies That Discriminated Against Riders with Service AnimalsRead the Press Release
The U.S. Attorney's Office for the Eastern District of Michigan has reached a settlement with LogistiCare Solutions and Michigan Green Cabs to resolve allegations that they violated the Americans with Disabilities Act ("ADA") by denying rides to passengers with service animals, U.S. Attorney Barbara L. McQuade announced today. Service animals provide assistance and perform a wide range of daily tasks for individuals with disabilities, including physical, sensory, psychiatric, intellectual, and other mental disabilities.
LogistiCare is a transportation management company that operates in 42 states and specializes in non-emergency medical transportation. Michigan Green Cabs is a taxi company that operates in the Royal Oak, Michigan, area.
These settlements resolve two investigations prompted by complaints that both companies failed to provide reasonable modifications to their policies prohibiting pets in vehicles. The investigation revealed that transportation providers under LogistiCare’s management in Michigan and Missouri unlawfully denied rides to individuals with disabilities who required service animals, such as those used to guide a person who is blind, to alert a person who is hard of hearing, to remind a person to take medication, or to perform a wide range of other daily tasks.
The U.S. Attorney’s Office determined that one of LogistiCare’s transportation providers in Michigan refused to transport an individual with a service animal because a LogistiCare customer service representative prepared a memo indicating that no animals were permitted in the cab. The investigation also revealed that a second complainant in Missouri was told by a LogistiCare employee that LogistiCare’s transportation providers would accommodate service animals for the blind, but not other service animals.
In its investigation of Michigan Green Cabs, the United States Attorney’s Office found that one of the cab company’s drivers failed to make a reasonable modification for a customer with a service animal seeking transportation from a hospital.
“The promise of the Americans with Disabilities Act is that individuals with disabilities should have full access to public life," McQuade said. "These protections are especially important when it comes to public services necessary to receive medical care, such as transportation. We hope that cases like this one will improve awareness of the duties businesses have under the law."
Under the settlement, both LogistiCare and Michigan Green Cabs have agreed to update their policies and training materials to ensure compliance under the ADA. In addition, LogistiCare must pay each complainant $750 and Michigan Green Cabs must pay the complainant $500.
For more information on the ADA and service animals, visit http://www.ada.gov/qasrvc.htm. Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov. ADA complaints may be filed by email to [email protected] or [email protected] or by calling
313-226-9151.Justice Department Reaches Settlement to Resolve Claim of Citizenship Status Hiring Discrimination in Waterloo, IowaRead the Press Release
The Justice Department announced today that it has reached an agreement with the city of Waterloo, Iowa, resolving allegations that the city violated the anti-discrimination provision of the Immigration and Nationality Act (INA).
The department initiated its investigation after a charge was filed by a work-authorized, lawful permanent resident alleging that the city refused to consider him for a fire fighter position because he was not a U.S. citizen. The department’s investigation confirmed that the city of Waterloo improperly restricted fire fighter positions to U.S. citizens despite the fact that no law, regulation, executive order or government contract authorized the city to legally restrict employment in such a manner under the INA. The investigation further revealed that the city of Waterloo had refused to consider the charging party’s application on the basis of his citizenship status.
Under the settlement agreement, the city of Waterloo must provide the charging party with another opportunity to apply for the position and must hire or otherwise compensate the charging party if the charging party’s performance on the city’s hiring tests confirm that he would have been hired in the absence of discrimination. In addition, the city of Waterloo will pay $13,000 in civil penalties to the United States, and has agreed to make changes to its policies and practices to ensure unlawful citizenship requirements are not imposed, to provide training to city officials, and to be subject to monitoring by the department for one year.
“Employers must make sure that they are not erecting unlawful, discriminatory barriers in hiring,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The department is committed to knocking down these barriers through its enforcement of the INA and making sure that work-authorized applicants have equal employment opportunities.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. For more information about protections against employment discrimination under the immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2525, TTY for hearing impaired), call OSC’s employer hotline at 1-800-255-8155 (1-800-362-2735, TTY for hearing impaired), sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php , email [email protected] or visit the website at www.justice.gov/crt/about/osc