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Friday 20 September 2013
Tax Fraud Scheme Results in Four Convictions and one Guilty PleaRead the Press Release
PANAMA CITY, FLORIDA – Four defendants were convicted by a federal jury in Panama City yesterday, and a fifth defendant entered a guilty plea during the trial on a tax fraud scheme. Wilson Calle, 55, and Angel Done, 54, both of New York, New York, as well as Blaine Johnston, 62, of Marianna, Florida, were convicted by a federal jury of conspiring to defraud the United States by filing, or assisting others in filing, false federal income tax returns. The tax returns submitted by these defendants sought large refunds, to which the filers were not entitled. In addition to the conspiracy count, the jury found Calle, Done, and Johnston guilty on multiple counts of filing false federal income tax returns. Wilfredo Rodriguez, 53, of Miami, Florida, was also convicted by the jury of filing a false federal income tax return seeking a false and fraudulent refund. During the trial, a fifth defendant, Diana Gonzalez, 63, of Miami, Florida, pled guilty to conspiring to defraud the United States by filing, or assisting others in filing, false federal income tax returns seeking false and fraudulent refunds. The verdicts and guilty plea were announced by Pamela C. Marsh, the United States Attorney for the Northern District of Florida.
The case was prosecuted by Assistant U.S. Attorneys J. Ryan Love and Randall J. Hensel.
At trial, the government presented evidence that between 2008 and 2009, the defendants prepared and filed fraudulent tax returns seeking more than $19 million in refunds. By using an obscure IRS Form 1099-OID, the defendants falsely reported that defendants’ or their clients’ creditors had withheld large amounts of federal income taxes and paid this money over to the IRS. In doing so, the defendants used debts owed by them and their clients to mortgage companies and various other entities and reported those debts to the IRS as income tax withholdings in an attempt to have the IRS pay off their debts. As a result of the fraudulently overstated income tax withholding, the tax returns that were filed on behalf of the defendants or their clients claimed large refunds to which they were not entitled.
Calle, Done, and Johnston each face maximum sentences of ten years in prison with regard to the conspiracy charge and five years on each count of filing, or aiding others in filing, false tax returns. Gonzalez faces a maximum sentence of ten years in prison on the charge of conspiring to file, or aiding others in filing, false tax returns. Rodriguez faces a maximum sentence of five years in prison for filing a false tax return.
In announcing the verdict and the guilty plea, U.S. Attorney Marsh explained: “Each year, millions of honest hard-working Americans pay their taxes and file accurate returns with the IRS. By stark contrast, these defendants concocted a fictitious tax scheme in an effort to steal millions of dollars from the government. My office will continue to work diligently with the Internal Revenue Service to identify these thieves and bring them to justice.”
IRS Criminal Investigation Special Agents in Charge James D. Robnett (Tampa, Florida) and Shantelle P. Kitchen (Newark, New Jersey) joined in stating: “In today’s economic environment it is more important than ever that the American people feel confident that everyone is playing by the rules and paying the taxes they owe. This case should make the public aware that promoting and participating in frivolous tax schemes is a crime, corrosive to the foundation of the federal income tax system, which the IRS will continue to aggressively pursue with its law enforcement partners.”
Each defendant is scheduled to be sentenced on December 18, 2013, before United States District Judge Richard Smoak.Surgery Center Owner Pleads Guilty to Federal Charges, Admits Paying Physicians Bribes and Kickbacks for Patient ReferralsRead the Press Release
CHICAGO ― The owner of multiple area outpatient surgery centers pleaded guilty today to federal fraud and tax charges, admitting that he paid bribes and kickbacks to physicians for patient referrals and impeded the Internal Revenue Service in the collection of federal income taxes. The defendant, RAGHUVEER NAYAK, was scheduled to stand trial starting Oct. 1 in U.S. District Court, but the trial was stricken following today’s guilty plea.
Nayak, 58, of Oak Brook, entered a conditional plea of guilty to one count of mail fraud and also pleaded guilty to one count of impeding the IRS. The conditional plea allows Nayak to appeal a legal issue pertaining to the mail fraud count and, if he prevails, he may withdraw his plea to that count alone. U.S. District Judge Robert Gettleman scheduled a sentencing hearing for Jan. 22-23, 2014.
Nayak faces a maximum sentence of 20 years in prison on the mail fraud count and a maximum fine of $250,000, or an alternate fine totaling twice the loss or twice the gain, whichever is greater, as well as mandatory restitution. Impeding the IRS carries a three-year maximum prison term and a $250,000 fine. The Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
According to a written plea agreement, Nayak opened Rogers Park One-Day Surgery Center in about 1998, and he opened Lakeshore Surgery Center about seven years later. Both facilities are privately-owned one-day surgery centers, where surgeons performed outpatient surgeries not requiring an overnight stay, ranging from urological to podiatric to orthopedic procedures. Nayak’s profits depended upon doctors bringing patients for surgery to his outpatient facilities, rather than to a traditional hospital, or to one of the many other surgery centers in the Chicago area.
As part of the scheme, Nayak paid, or offered to pay, physicians money in exchange for referring patients to or conducting surgeries at Rogers Park and Lakeshore, rather than at a hospital or competing surgery center. Nayak paid some physicians cash in exchange for patients they brought or referred to Rogers Park and Lakeshore, in amounts that reflected the volume of surgeries they conducted at the surgery centers or the number of patients they referred there. Nayak paid these physicians cash in exchange for referrals to his surgery centers, intending that the money would influence their medical motives and further intending that the physicians would not disclose the cash payments to their patients. Nayak did not intend to cause the medical patients any physical or monetary harm by his cash payments to their physicians.
Nayak admitted that he paid one physician, a podiatrist, approximately $200-300 in cash per surgery he conducted at Rogers Park or Lakeshore, in addition to the professional fees the doctor billed separately to his patients’ insurance companies. Nayak gave the podiatrist the cash when they were alone, including at the doctor’s office, and Nayak acknowledged that the doctor did not disclose the cash payments to his patients. In total, this physician conducted approximately 142 surgeries at Rogers Park between 2004 and 2009, for which Nayak paid the doctor cash.
In impeding the IRS, Nayak admitted that he paid physicians money in exchange for referrals of patients the physicians had made or would make to Rogers Park and Lakeshore. Nayak paid these physicians in cash, in an attempt to actively conceal the payments, knowing that the natural consequence would be a lack of documentation of the cash payments in Rogers Park’s and Lakeshore’s business records if the IRS were to audit or question the transactions. Nayak did not disclose the cash payments to his bookkeeper and outside tax preparer, and he did not file, issue, or cause to be issued Forms 1099 for physicians to whom he paid cash in exchange for patient referrals for tax years 2002 through 2010. Nayak knew that a foreseeable consequence of his actions was that the federal income tax returns filed by the physicians to whom he made cash payments would be false. Nayak also instructed the podiatrist to not deposit the cash Nayak gave him in his bank account, and to not report those cash payments on his federal tax returns, intending that the doctor would file federal tax returns that would be false.
The government also contends, but Nayak disputes, that in approximately 2002, he engaged in a scheme to obtain cash, including to make cash payments to physicians in exchange for patient referrals, by giving Individual A more than $2 million in checks drawn on Nayak’s medical facilities from about 2002 through December 2008. In exchange, at Nayak’s direction, Individual A gave Nayak cash in an amount equal to approximately 70 percent of the value of the checks that he gave Individual A. As part of this scheme, Nayak hid the true purpose of the checks that he provided to Individual A by indicating to his tax preparer that the checks to Individual A were for advertising, and should be treated as advertising expenses on the tax returns that Nayak signed and caused to be filed for himself and for his facilities.
In addition to those two facilities, Nayak owned and/or controlled the following health care-related businesses in Illinois and Indiana: Lakeside Surgery Center LLC, Merillville Plaza Surgery Center LLC, Lincoln Park Open MRI, Delaware Place MRI LLC, Paulina Anesthesia, Inc., Illiana Anesthesia, Western Touhy Anesthesia, Inc., and Division Medical Diagnostics, Inc., according to the indictment.
The government is being represented by Assistant U.S. Attorneys Carrie Hamilton, Andrianna Kastanek, and Jeffrey Perconte.
Plea Agreement
Staten Island Man Sentenced to 13 Years in Prison for Making False Statements in A Matter Involving International TerrorismRead the Press Release
Abdel Hameed Shehadeh, a United States citizen and resident of Staten Island, New York, was sentenced to 13 years in prison today in federal court in Brooklyn, New York. In March 2013, Shehadah was convicted at trial of making false statements in a matter involving international terrorism. In addition to the prison term, Shehadeh was sentenced to 3 years of supervised release.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office; and Raymond W. Kelly, Commissioner, New York City Police Department (NYPD).
According to court filings and the evidence introduced at trial, in early 2008, Shehadeh devised a plan to travel to the Federally Administered Tribal Areas of Pakistan in order to join al Qaeda or the Taliban. In furtherance of his plan, on June 13, 2008, Shehadeh flew on a one-way airline ticket from John F. Kennedy International Airport to Islamabad, Pakistan. After he was denied entry by Pakistani officials, Shehadeh told investigators from the FBI’s Joint Terrorism Task Force (“JTTF”) that he had traveled to Pakistan in order to visit a university. However, as established by the evidence at trial, the true purpose of Shehadeh’s trip was to wage violent jihad against United States military forces.
Several weeks after he was denied entry to Pakistan, Shehadeh attempted to enlist in the United States Army at the Times Square recruiting station in Manhattan. Shehadeh’s application was denied when it was discovered that he had concealed his prior trip to Pakistan. Though Shehadeh claimed that he had tried to enlist for career opportunities and benefits, as established at trial, his true motive was to commit treason by defecting and fighting alongside insurgent forces overseas.
Over the next several months, in subsequent interviews with members of the JTTF, Shehadah continued to conceal the true purpose of his travel. However, in 2010, Shehadah confessed to FBI agents that he had sought to join a jihadist fighting group. Shehadah was arrested in Honolulu, Hawaii, in October 2010.
“Shehadah was ardently committed to becoming a terrorist and waging violent jihad. He repeatedly attempted to travel overseas to turn against his native country, going so far as to try to join the U.S. military in a treasonous ruse,” stated United States Attorney Lynch. “Due to the tireless work of the FBI and the NYPD, the defendant’s jihadist efforts were detected and foiled. Now, he will spend 13 years in a federal prison.” United States Attorney Lynch thanked the FBI’s New York and Honolulu Field Offices, as well as the New York City Police Department, for their substantial contributions to the multi-year investigation that led to the defendant’s arrest and conviction.
The sentence was imposed by United States District Judge Eric N. Vitaliano.
The government’s case was prosecuted by Assistant United States Attorneys Alexander Solomon, David Sarratt and James Loonam, with the assistance of Trial Attorney Mara Kohn of the Counterterrorism Section of the Department of Justice.
The Defendant
Abdel Hameed Shehadeh
Age: 23
Staten Island, New YorkSt. Louis Man Pleads Guilty to Firearm Offense and Intent to Distribute HeroinRead the Press Release
On September 18, 2013, Corvin N. Howard, a 29-year old St. Louis, Missouri, man pled guilty in federal district court, in East St. Louis, to felon in possession of a firearm and possession with intent to distribute a controlled substance, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Howard is scheduled for sentencing on January 24, 2014, at which time he faces a maximum potential sentence of 10 years’ in prison and a fine of up to $250,000 for the firearm offense and 20 years’ in prison and a fine of up to $1,000,000 for intent to distribute a controlled substance, not more than 3 years’ of supervised release after his prison term, and a mandatory special assessment of $100. Howard agreed to forfeit the firearm.
Facts presented in court revealed that on June 8, 2013, police officers in Brooklyn, Illinois, pulled Howard over for a road hazard object observed hanging from underneath his vehicle. While directing Howard to remove the item during the traffic stop, an officer noticed a gun in plain view wedged between the console and the driver’s seat. Howard was arrested and a search of the vehicle recovered a fully loaded 10mm caliber pistol, as well as two bags containing 5.6 grams of heroin. Prior to this incident, Howard had been convicted of a drug distribution felony that was punishable by a term of imprisonment of more than one year.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Brooklyn Police Department. This case is assigned to Special Assistant United States Attorney Neal C. Hong for prosecution.
South Holland Man Convicted of Illegally Dealing Hundreds of Guns He Trafficked from Indiana Gun Shows and Sold in ChicagoRead the Press Release
CHICAGO ― A federal jury today convicted a south suburban man of buying hundreds of high-powered firearms at guns shows in Indiana and illegally transporting them to Chicago where he sold them without a federal firearms dealer license. The defendant, DAVID LEWSIBEY, was found guilty by jurors who deliberated several hours yesterday and today after a two-week trial in U.S. District Court.
Lewisbey, 23, of South Holland, was convicted of dealing firearms without a federal license and two counts each of illegally transporting firearms across state lines, and interstate travel to sell guns without a license. He faces maximum penalties of 10 years in prison on each count of interstate travel, and five years in prison on each of the other three counts, and a maximum $250,000 fine on each count. U.S. District Judge Ronald Guzman scheduled sentencing for Dec. 10. The judge must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
“This is one of the most significant gun-trafficking cases we have prosecuted and one that effectively ended a steady supply of potentially lethal weapons from Indiana to Chicago,” said Gary S. Shapiro, United States Attorney for the Northern District of Illinois. He announced the verdict with W. Larry Ford, Special Agent-in-Charge of the Chicago Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Chicago Office of the Federal Bureau of Investigation, the Chicago Police Department, and the Illinois State Police assisted in the investigation.
Evidence at the trial showed that between January 2008 and September 2012, Lewisbey, who had no criminal record that disqualified him from buying firearms, routinely traveled to various gun shows in Indiana and purchased duffle bags full of guns that he brought back to Chicago. A government witness testified that he personally observed Lewisbey buy more than 100 firearms, as well as dozens of high-capacity magazines, at Indiana gun shows.
The evidence further showed that during just one 48-hour period, on April 22-23, 2012, Lewisbey bought 43 guns in Indiana and brought them to Chicago, where he delivered them to co-defendant LEVAINE TANKSLEY, who with two other co-defendants, sold them to an individual who was cooperating with ATF agents. All of those guns were recovered by law enforcement.
Tanksley, 28; CHARLES LEMLE, 27; and MICHAEL HALL, 28, all of Chicago, each pleaded guilty to illegally possessing firearms as previously convicted felons, and are awaiting sentencing.
The government was represented by Assistant U.S. Attorneys Christopher Parente and Bethany Biesenthal.
Smith County Man Guilty in Mail Fraud ConspiracyRead the Press Release
Department of Justice
Office of Public AffairsTYLER, Texas – A 42-year-old Tyler, Texas man has pleaded guilty to mail fraud violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
Muhammad Sarfraz Ashraf pleaded guilty to an Information charging him with conspiracy to commit mail fraud on Sep. 19, 2013 before U.S. Magistrate Judge John D. Love.According to information presented in court, from Nov. 2010 to June 2011, Ashraf, who owned and operated an automobile repair and maintenance shop in Tyler, conspired with others to cause the Smith County Tax Assessor-Collector’s Office to mail false certificate of title application packages to the Texas Department of Motor Vehicles. The conspiracy was devised in order to obtain fraudulent vehicle titles and unlawfully avoid payment of sales taxes. Specifically, Ashraf would omit the sales price on applications and indicate that the specific transfer was a gift. Ashraf also falsified dates so as to make it appear transactions occurred prior to a change in Texas law regarding when transfers were considered gifts for tax purposes.
Ashraf faces up to 5 years in federal prison and restitution. A sentencing date has not been set.
This case is being investigated by the Federal Bureau of Investigation and the Smith County Sheriff’s Office with assistance from the Smith County District Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney L. Frank Coan, Jr.
Skagit County Felon Sentenced to Long Prison Term for Possessing Guns and Body ArmorRead the Press Release
A felon who most recently lived in the town of Concrete in Skagit County, Washington, was sentenced today in U.S. District Court in Seattle to 10 years in prison and three years of supervised release for illegally possessing guns and body armor, announced U.S. Attorney Jenny A. Durkan. LARRY L. PRESSLEY, 45, has a lengthy criminal history including convictions for conduct including raping an 11-year-old girl and a drive-by shooting where he fired into a home full of children. At sentencing U.S. District Judge Robert S. Lasnik said, “We have seen the havoc that is wreaked by people who should not have firearms.”
According to the plea agreement filed in the case, PRESSLEY was arrested on an unrelated charge on January 12, 2012. On January 20, 2012, law enforcement searched the home where PRESSLEY and his wife, also a felon, lived in Concrete, Washington. Inside the home officers found a bullet proof vest (body armor) and two firearms. One of the firearms had been reported stolen in Whatcom County, Washington. On May 14, 2013, PRESSLEY pleaded guilty to possession of a stolen firearm and being a felon in possession of body armor. PRESSLEY has prior felony convictions for attempted assault (1991), drive-by shooting and illegal possession of a firearm (1999) and assault (2012).
“Larry Pressley has been terrorizing Skagit County for a quarter of a century,” said U.S. Attorney Durkan. “In 1987, he was involved in a brutal beating and robbery. Since then, he has racked up six more convictions for crimes involving violence, guns, or both. It is always troubling when a felon possesses a gun. When a man like Pressley has a gun – a man who actually fired into a home full of children – it is extremely alarming.”
The case was investigated by the FBI, Skagit County Sheriff’s Office, Washington State Department of Corrections, and Sedro Woolley Police Department.
The case was prosecuted by Assistant United States Attorneys Michael Dion and Jill Otake.
Shooter Faces up to Life in Prison on Federal Firearm ConvictionRead the Press Release
LUBBOCK, Texas — Jarrod Charles Gauna, 23, of Lubbock, Texas, pleaded guilty this morning, before U.S. District Judge Sam R. Cummings, to a federal firearm charge stemming from his shooting and injuring an individual during a drug transaction at a convenience store in Lubbock this spring. The announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Specifically, Gauna pleaded guilty to one count of using, carrying, and discharging a firearm during and in relation to a drug trafficking crime and aiding and abetting. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Gauna faces a maximum statutory penalty of not less than 10 years and up to life in federal prison and a $250,000 fine.
According to documents filed in the case, during a methamphetamine trafficking crime on April 20, 2013, Gauna shot and injured an individual with a Sig Sauer 9mm semi-automatic pistol at the Stripes convenience store on 50th Street in Lubbock.
The investigation revealed that Gauna told an individual that he needed to get out of town because he’d shot someone who had stolen methamphetamine from him. Gauna told another individual that he was getting ready to sell one-eighth of an ounce of methamphetamine to individual when that individual grabbed the drugs and ran. Gauna said he fired at the individual and possibly hit him in the foot.
The investigation also revealed that Gauna and others had disposed of the firearm by burying it in cement, but in May 2013, investigators were able to retrieve the firearm from a bucket of cement and identified it as the one used in the shooting.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lubbock Police Department. Assistant U.S. Attorney Jeffrey Haag is in charge of the prosecution.
Sacaton Man Sentenced to over 21 Years in Prison for MurderRead the Press Release
PHOENIX – On Sept. 19, 2013, Eddie Eugene Moreno, 33, of Sacaton, Ariz., a member of the Gila River Indian Community, was sentenced by U.S. District Judge David G. Campbell to 262 months in prison. Moreno pleaded guilty on April 9, 2013 to second degree murder
On Dec. 24, 2012, Moreno was at his mother’s residence on the Gila River Indian Community, as was the victim. For no apparent reason, Moreno followed the victim into a bedroom and stabbed him with a knife in the chest, just above his heart. The victim died from internal bleeding after his blood vessel had been severed.
The investigation in this case was conducted by the Gila River Police Department and the Federal Bureau of Investigation. The prosecution was handled by Raynette M. Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-13-00039-PHX-DGC
RELEASE NUMBER: 2013-075_MorenoFor more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Ridgeway Man Sentenced to over 5 Years in Prison for Illegally Possessing 14 FirearmsRead the Press Release
Frederick J. Zirkelbach, 49, of Ridgeway, Illinois, was sentenced today in United States District Court in Benton to a term of 63 months’ imprisonment for being a felon in possession of firearms, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. Zirkelbach was charged with illegally possessing 14 firearms in an indictment returned by a Federal Grand Jury on April 2nd. Those firearms were found during the execution of a search warrant at Zirkelbach’s residence by the Illinois State Police on March 9th. Also found were marijuana, methamphetamine, and items for use in growing and manufacturing those illegal drugs. Zirkelbach, who had previously been convicted of two felony offenses which made it illegal under federal law for him to possess firearms or ammunition, pled guilty to the indictment on May 22nd.
In addition to the 63 month term of imprisonment, Zirkelbach was ordered to pay fines and special assessments totaling $400, placed on a 3 year term of supervised release to follow his incarceration, and ordered to forfeit the 14 firearms to the United States.
Zirkelbach has been held without bond since his arrest on the federal charges and was again remanded to the custody of the United States Marshal to await designation to a Federal Bureau of Prisons facility.
The case was investigated by the District 19 office of the Illinois State Police and the Carmi office of the Southern Illinois Drug Task Force with the assistance of the Ridgeway Police Department.
The case was prosecuted by Assistant United States Attorney James M. Cutchin.
Richmond Resident Convicted of Possession of Child PornographyRead the Press Release
OAKLAND – A federal jury convicted David Busby of possessing child pornography yesterday, United States Attorney Melinda Haag announced. The guilty verdict followed a 3-day jury trial before The Honorable Judge Saundra Brown Armstrong, U.S. District Judge.
Evidence at trial showed that on April 20, 2010, a network security analyst detected internet traffic indicative of child pornography on the National Energy Research Scientific Computing Center (NERSC) computer network. The internet traffic was isolated to a single laptop computer being used by David Busby. Busby worked as a computer support employee at the Lawrence Berkeley National Laboratory (LBL), and as a part-time employee at NERSC, which is affiliated with LBL. Busby’s laptop computer and his other work computers were confiscated. Busby made two statements to law enforcement officers shortly after the April 20, 2010 incident, ultimately admitting that he did download child pornography to two of his work computers. Busby said he would store the child pornography for a period of time and then delete the images.
At trial, Busby’s defense claimed that he accidentally downloaded the child pornography onto his computers while trying to access legal child modeling sites. A forensic examination of two of Busby’s computers recovered approximately 1,400 images of child pornography that had been deleted.
Busby, 60 of Richmond, was indicted by a federal grand jury in a superseding Indictment on July 9, 2013. Busby was remanded into custody following his conviction at trial.
Busby’s sentencing hearing is scheduled for December 17, 2013, before Judge Armstrong in Oakland. The maximum statutory penalty for each count, in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2), is a minimum term of imprisonment of 10 years, and a maximum term of 20 years, a fine of $250,000, and a life term of supervised release. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Brian C. Lewis is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Special Assistant U.S. Attorney Kevin Lin, Janice Pagsanjan, and Patty Lau. This prosecution is the result of an investigation by the Department of Energy Office of Inspector General, University of California Police Department, and the Federal Bureau of Investigation.
(Busby superseding indictment )
Rice County Woman Sentenced for Cattle FraudRead the Press Release
WICHITA, KAN. B A Rice County woman has been sentenced to two years federal probation in connection with a cattle fraud scheme, U.S. Attorney Barry Grissom said today. In addition, she was ordered to pay $80,487 in restitution.
Carrie L. Frederick, 37, Sterling, Kan., pleaded guilty to three counts of wire fraud. In her plea, she admitted she embezzled money while she worked for Sellers Farms, Inc., a livestock feeding operation in Lyons, Kan. She caused money to be sent from Sellers Farms’ accounts to Golden Belt Feeders, Inc., of St. John, Kan., to pay debts she owed from trading cattle when she worked for Golden Belt. Three transactions involved a total of more than $211,000 in embezzled funds.
Grissom commended the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.Request for CoverageRead the Press Release
Statewide Youth Courts being honored in federal court ceremony
ALBANY, NY – Monday, September 23, 2013 at 1:00 PM in the Ceremonial Courtroom of the James T. Foley U. S. Courthouse, 445 Broadway, Albany, NY, Youth Courts from across New York State will be recognized for their service to youth. The ceremony will include a mock hearing presented by Youth Court members from the Bethlehem and Colonie Youth Courts. Attending the ceremony will be more than a hundred youth court directors and youths. Dignitaries attending and participating will be the Honorable Judith S. Kaye, former Chief Judge of the New York State Court of Appeals, Honorable Bernard J. Malone, Jr., former Judge of the New York State Supreme Court, Appellate Division, United States District Court Judges, and Albany Mayor Gerald Jennings. The event will be hosted by the Honorable Richard S. Hartunian, United States Attorney for the Northern District of New York. The event is co-sponsored by the New York State Bar Association and the Association of New York State Youth Courts.
Cameras will be allowed in the Ceremonial Courtroom. Press packages will be available at the event.
EVENT: Celebration of New York State Youth Courts
DATE: Monday, September 23, 2013
TIME: 1:00 PM
LOCATION: James T. Foley U. S. Courthouse
Ceremonial Courtroom, 4th Floor
445 Broadway
Albany, NYPittsfield Man Indicted for Production and Possession of Child PornographyRead the Press Release
BOSTON – A Pittsfield man was indicted today in U.S. District Court in Springfield with producing and possessing child pornography.
Jason Gendron, 34, was indicted with sixteen counts of sexual exploitation of minors by producing child pornography and possessing child pornography.
The Indictment alleges that between May 13, 2011 and August 24, 2012, Gendron produced or attempted to produce sixteen files of child pornography. The Indictment further alleges that on July 16, 2013, Gendron possessed other files of child pornography.
If convicted on the production charges, Gendron faces a mandatory minimum of 15 years and a maximum of 30 years in prison, followed by a maximum lifetime of supervised release, and a maximum fine of $250,000 on each count. If convicted on the possession charge, Gendron faces a maximum of 10 years in prison, a maximum lifetime of supervised release, and a maximum fine of $250,000.
United States Attorney Carmen M. Ortiz; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Bruce Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston; and Chief Michael Wynn, of the Pittsfield Police Department, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Steven H. Breslow of Ortiz's Springfield Branch Office.
The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Pilot and Passenger from San Francisco Are Sentenced on Drug ConvictionsRead the Press Release
Defendants’ Plane Met by CBP Air Interdiction as it Landed in Lubbock
LUBBOCK, Texas— Two men, who flew into Lubbock and arrived at Lubbock Aero on Wednesday evening, April 17, 2013, Michael Gallanter, 48, and Ethan Oliver Wynne-Wade, 31, were each sentenced today, by U.S. District Judge Sam R. Cummings, to 37 months in federal prison. They each pleaded guilty in June 2013 to one count of possession with intent to distribute more than 50 kilograms, but less than 100 kilograms, of marijuana. Judge Cummings ordered that they voluntarily surrender to the Bureau of Prisons next month. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Gallanter and Wynne-Wade were arrested after their arrival in Lubbock and charged in a federal criminal complaint. Subsequently, on May 15, 2013, a federal grand jury in Lubbock indicted them for possession with intent to distribute marijuana, hashish and psilocin/psilocybin.
According to documents filed in the case, U.S. Customs and Border Protection (CBP) Air Interdiction agents had received information that that a Piper PA28-181 aircraft, tail number N342TA, was operating under suspicious circumstances, in that the occupants of the aircraft paid for their fuel with cash, fueled their own plane, had a large amount of luggage in the aircraft’s passenger compartment and departed in poor weather conditions. Agents also had information that the aircraft had been rented from the Travis Air Force Base Aero Club in Rio Vista, California, where some individuals renting aircraft were breaking flight rules and procedures.
CBP launched a Citation Interceptor Jet in an attempt to locate the aircraft. On April 17, 2013, at approximately 10:15 p.m., CBP Air Interdiction agents contacted the aircraft to conduct a ramp check as it was about to refuel at Lubbock Aero, a refueling location located at the Lubbock International Airport. Agents identified Gallanter as the pilot and Wynne-Wade as the passenger.
CBP Air Interdiction agents met Gallanter as he deplaned and per their request, Gallanter provided them with the appropriate flight paperwork. After a drug detector dog alerted to the presence of drugs, the plane was then searched by federal agents. Agents located six large military-style duffle bags and four smaller bags inside the passenger compartment. Agents opened the bags and located 98 plastic bags of marijuana, four plastic bags of hashish and two plastic bags of psilocin mushrooms. In total, agents located approximately 69 kilograms of marijuana, four kilograms of hashish, and 1.37 kilograms of psilocin mushrooms.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), CBP Air Interdiction, the Drug Enforcement Administration and the Lubbock Police Department. Assistant U.S. Attorney Justin Cunningham prosecuted.
Philadelphia Man Charged with Attempted Drug PossessionRead the Press Release
Stephen Davis, 65, of Philadelphia, Pennsylvania, was charged by Indictment, unsealed today, with attempted possession with intent to distribute 100 grams or more of heroin, announced United States Attorney Zane David Memeger.
If convicted the defendant faces a maximum possible sentence of imprisonment for life, a mandatory minimum sentence of ten years, a fine of not greater than $8,000,000, supervised release for eight years, and a $100 special assessment.
The case was investigated by the Immigration and Customs Enforcement Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Laurie Magid.
An Indictment/ Information/Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Click here to view the indictment
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Panola County Man Imprisoned for FraudRead the Press Release
OXFORD, Miss. Felicia C. Adams, United States Attorney for the Northern District of Mississippi, and Daniel P. McMullen, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi, announced that:
Bobby Louis Sanford, 54, of Courtland, Mississippi, was sentenced on September 18 by United States District Judge Sharion Aycock, following his plea of guilty in October 2012 to one count of wire fraud and one count of money laundering, both of which charges involved Sanford’s scheme to obtain money from out-of-state victims through a series of fraudulent misrepresentations.
Judge Aycock ordered Sanford to serve 120 months in prison on each count of conviction, to run concurrently, followed by 3 years supervised release. He was also ordered to pay restitution in the amount of $489,395.00.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service and was prosecuted by Assistant United States Attorney Robert Mims.
Oregon Woman and Man Sentenced for Conspiracy to Distribute MarijuanaRead the Press Release
United States Attorney Brendan V. Johnson announced that Jesse Parker and Justin Jones, two 23-year-olds from Bend, Oregon, pled guilty to Conspiracy to Distribute a Controlled Substance and were sentenced on September 16, 2013, by U.S. District Judge Roberto A. Lange.
Parker was sentenced to 2 years of probation. Jones was sentenced to 6 months of custody and 2 years of supervised release. They were each ordered to pay a $1,000 fine and a $100 assessment to the Federal Crime Victims Fund. In addition, the Court ordered forfeiture of a 1997 Toyota automobile and $11,418 in cash.
In early September of 2012, Jones met with a supplier in Oregon and was fronted approximately 10 pounds of marijuana for $1,000 a pound. Jones and a co-defendant agreed to deliver the marijuana to a person in Minnesota. The co-defendant, Jones and Parker travelled to Minnesota. The buyer paid $3,200 a pound for the marijuana and, after setting aside $10,000 of the proceeds to pay the supplier in Oregon, Parker, Jones, and a co-defendant split the remaining $22,000.
On September 15, 2012, a South Dakota Highway Patrol Trooper stopped Jones, Parker, and the co-defendant for speeding in a construction zone. During the traffic stop, the trooper discovered and seized $10,000 in cash that he found in a backpack in the trunk of the car. The trooper also discovered a ledger in the backpack that contained drug dissemination plans for the past eight months. Jones’ name was in the back of the ledger. A thorough search of the vehicle and of Parker’s purse yielded additional cash, psilocybin mushrooms, and various drug paraphernalia.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Jones will report to the U.S. Marshals Service in Portland, Oregon, on or before September 24, 2013, to begin serving his sentence.
Newton County Deputy Sheriff Arrested on Drug Trafficking and Firearms ChargesRead the Press Release
ATLANTA - Darrell Mathis has been charged with distributing marijuana and using and carrying a firearm in furtherance of a drug trafficking offense.
“This defendant used his position as a police officer to openly violate the very laws that he was sworn to uphold,” said United States Attorney Sally Quillian Yates. “Selling marijuana out of his police car while wearing a badge and uniform is outrageous. This case is a reminder that no one is above the law.”
Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office, stated: “Allegations of law enforcement officers actually engaged in the distribution of drugs is a rare occurrence. When those allegations came to the FBI concerning Newton County Deputy Sheriff Mathis, the FBI swiftly took action. The FBI considers such allegations of criminal conduct by law enforcement officers to be a priority investigative matter and we continue to ask the public to contact their nearest FBI field office with information concerning such activities.”Ezell Brown, Newton County Sheriff, stated: “My office is completely cooperating with the FBI in this investigation. This is an embarrassment to the Newton County Sheriff’s Office, as well as law enforcement in general. Mr. Mathis has been placed on administrative leave pending the outcome of the investigation”.
According to United States Attorney Yates, the charges, and other information presented in court: In April 2013, it came to the attention of the Federal Bureau of Investigation that Darrell Mathis, a deputy sheriff with the Newton County Sheriff’s Office, was engaged in distributing marijuana. From May through September 2013, Mathis sold various quantities of marijuana to a confidential source who was working with the FBI, as well as to an undercover FBI agent. On at least two occasions, Mathis sold marijuana from his marked patrol vehicle while wearing his Newton County Sheriff’s Office uniform.
On August 8, 2013, Mathis sold one pound of marijuana to an undercover FBI agent. Following that sale, Mathis and the undercover FBI agent went to meet with another undercover FBI agent to discuss the sale of additional quantities of marijuana. Mathis brought his NCSO badge and his firearm to the meeting. During the meeting, Mathis told the undercover agent, who he believed was a drug dealer, that he was a police officer, pulled out his badge, and stated, "Don't worry, I'm on your side."
Mathis, 40, of Lithonia, Ga., made his initial appearance before Magistrate Judge Russell G. Vineyard and was released on bond. He was arrested on September 19, 2013, when he met with the undercover agent in possession of one pound of marijuana. Mathis has been a sworn deputy sheriff with Newton County since December 2008.
The charge of possession with intent to distribute and distribution of marijuana carries a maximum sentence of five years in prison and a fine of up to $250,000. The charge of using and carrying a firearm during and in relation to a drug trafficking offense carries a maximum term of life in prison and a fine of up to $250,000.
Members of the public are reminded that a criminal complaint contains only allegations. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jamie L. Mickelson is prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Newport News Man Receives Life Sentence for MurderRead the Press Release
NEWPORT NEWS, Va. – Aronte D. Jarvis, 25, of Newport News was sentenced today to life in prison for the 2008 murder of Jonte Terry, in the Kmart parking lot located at Oriana Drive in Newport News.
Kathleen M. Kahoe, Acting United States Attorney for the Eastern District of Virginia, Royce E. Curtin, Special Agent in Charge of the FBI’s Norfolk Field Office, and Joseph A. Moore, Interim Chief of Police, Newport News Police Department made the announcement after sentencing by United States District Judge Arenda L. Wright Allen.Jarvis pled guilty on June 24, 2013 to murder in aid of racketeering activity. His girlfriend, Tayvonna Licorish was charged in a superseding indictment with accessory after the fact and misprision of a felony. Her trial is scheduled for November 13, 2013.
According to court documents, Jarvis was a member of a criminal organization known as “Thug Relations,” operating in the Aqueduct Apartments, St. Michael’s Apartments, Warwick Lawns, Warwick Town Homes, Heritage Trace Apartments, Mariner’s Landing Apartments, Sharon Drive and the Savage Drive areas of Newport News. The defendant and others established the power and prestige of the gang through violence, including the murder of Jonte Terry on February 3, 2008. Terry, 22, was shot in the Kmart parking lot located at Oriana Drive in Newport News. The indictment alleged that Terry was killed by Jarvis for the purpose of maintaining his position in “Thug Relations.”
This case was investigated by the Federal Bureau of Investigation, with the assistance of the Newport News Police Department and the Virginia State Police. Assistant United States Attorneys Howard J. Zlotnick and Lisa R. McKeel prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.New York Pimp Sentenced in Maryland to 36 Years in Prison for Sex Trafficking and Gun CrimesRead the Press Release
Victims Were Sexually and Physically Assaulted, and Forced to Work as Prostitutes,
in Maryland, New York and ElsewhereBaltimore, Maryland - U.S. District Judge J. Frederick Motz sentenced Jeremy Naughton, a/k/a “Jerms Black,” age 32, of Brooklyn, New York, to 36 years in prison, followed by five years of supervised release, for conspiring to commit sex trafficking, four counts of sex trafficking, six counts of transporting an individual to engage in prostitution and using a gun during the conspiracy to commit sex trafficking.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Chief J. Thomas Manger of the Montgomery County Police Department.
“Jeremy Naughton held young women against their will, and used violence, sexual abuse and threats to compel them to work for him as prostitutes,” said U.S. Attorney Rod J. Rosenstein.
According to evidence presented at the 14 day trial, from January 2009 to the fall of 2010, Naughton and his long-time friend, Charles Anderson, a/k/a “Chuck Corners,” targeted female prostitutes between the ages of 19 and 28 who were working sometimes without a pimp, to force and coerce the women to work for them. They contacted women who posted ads on websites for prostitution services and arranged to meet them in hotel rooms, masquerading as either a prospective client or a generous pimp. Naughton and Anderson then assaulted and threatened the victims with a handgun and/or physical violence to force them to work for them. They stole the women’s cell phones, identification, room keys and personal computers to prevent them from communicating with others, and controlled the victims through physical assault, humiliation, confinement and threats. Naughton transported the women between Maryland, New York and other states to engage in prostitution.For example, in the summer of 2009, Naughton enticed a woman to come to an apartment in Brooklyn, where he imprisoned her and invited others to sexually abuse her. In September of 2009, Naughton forced open the door of a woman’s hotel room, stole her cell phone and identification, and detained her while demanding that she work for him as a prostitute. In October 2009 in his apartment, Naughton displayed a handgun, struck a woman, choked her and forced her to perform sex. Between October 25 and November 11, 2009, Naughton drove two women from his apartment to Oxon Hill where he demanded that they rent hotel rooms for commercial sex. In December of 2009, Naughton violently assaulted a woman in a hotel in Montgomery County, Maryland. On February 8, 2010, Naughton forced a woman from her hotel room in Silver Spring, Maryland, forced her to stay with him at the Brooklyn apartment and sexually abused her before attempting to prostitute her from a hotel in Long Island, New York. In June 2010, Naughton intimidated another woman by snapping the neck of her dog with his hands. In September of 2010, Naughton entered another victim’s hotel room, demanded that she work for him, stole her cell phone and money, and transported her to his apartment, where he forced her to perform oral sex.
Naughton shared his apartment in Brooklyn with Anderson. According to Anderson’s plea agreement, the victims stayed in the Naughton’s room, where Anderson sometimes overheard Naughton physically assaulting them and forcing them to perform sex acts. In the spring of 2010, Anderson agreed to monitor the victims while Naughton traveled for approximately six hours in search of an additional prostitute in Maryland. Anderson helped Naughton locate victims who had escaped. He also knew that Naughton had a .9mm pistol and a larger sub-machine gun in the apartment, along with corresponding ammunition.
Charles Anderson, a/k/a “Chuck Corners,” a/k/a “Yowzer,” age 26, of Brooklyn, New York, previously pleaded guilty to conspiracy to commit sex trafficking and is scheduled to be sentenced on October 15, 2013 at 9:00 a.m.
The case was investigated by the Maryland Child Exploitation Task Force, with assistance from the Maryland Human Trafficking Task Force, which was formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members of both task forces include federal, state and local law enforcement. The Maryland Human Trafficking Task Force also includes victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit www.justice.gov/usao/md/Human-Trafficking/index.html.
United States Attorney Rod J. Rosenstein commended the FBI’s Baltimore, New York, and Las Vegas, Nevada offices and the Montgomery County Police Department for their work in the investigation and thanked the Montgomery County State’s Attorney’s Office, the Kings County (Brooklyn, NY) District Attorney’s Office, the Department of Homeland Security and the New York City Police Department for their assistance. Mr. Rosenstein thanked Assistant U.S. Attorneys Mark W. Crooks and Paul E. Budlow, who prosecuted the case.
New York Methodist Hospital Agrees to Implement Compliance Program, to Settle Civil Claims Under the Controlled Substances ActRead the Press Release
Loretta E. Lynch, United States Attorney for the Eastern District of New York, today announced the filing and settlement of a civil action by the United States against New York Methodist Hospital (“NY Methodist”). Under a Consent Judgment, NY Methodist has agreed to implement measures designed to prevent the issuance of NY Methodist prescriptions in violation of the Controlled Substances Act and paid a civil penalty in the amount of $70,000.
In the civil action, the United States alleges that between May 2008 and July 2010, medical residents employed by NY Methodist issued a total of 194 prescriptions for Adderall without a legitimate medical purpose. The medical residents employed by NY Methodist issued the prescriptions on prescription forms bearing the name of NY Methodist. The residents, acting with other individuals, then filled the prescriptions at local pharmacies. The residents themselves consumed some of the Adderall obtained by filling the prescriptions. The remainder of the Adderall was sold, either on Craigslist or in hand to hand transactions. In 2012, in a related criminal prosecution in this district, a former NY Methodist medical resident was convicted for conspiracy to distribute and possess with intent to distribute Adderall.
Adderall, a stimulant that contains amphetamine salts, is classified as a Schedule II controlled substance, because it has a high potential for abuse and, when abused, may lead to severe psychological or physical dependence. Adderall abuse has become a growing problem, particularly among high school and college students. According to figures compiled by the Substance Abuse and Mental Health Services Administration, emergency room visits involving Adderall and similar stimulants nearly tripled from 2005 to 2010. Abuse of Adderall can lead to heart attack, stroke, seizures, hallucinations and paranoia, among other things.
Under the Consent Judgment, NY Methodist will establish a computer database that will contain information concerning each prescription written on NY Methodist prescription paper. This database will make it easier to identify any NY Methodist prescriptions that are issued in violation of the Controlled Substances Act. NY Methodist will also implement a compliance program designed to ensure that NY Methodist complies with the requirements of the Controlled Substances Act regarding the issuance of prescriptions and the prevention of theft and loss of controlled substances and blank prescription forms. In settling the action, NY Methodist did not admit wrongdoing.
“This settlement serves as a wake-up call to hospitals, especially hospitals that employ medical residents,” said United States Attorney Lynch. “Federal law requires that hospitals ensure that their residents and other medical personnel follow all requirements of the Controlled Substances Act, including the requirement that a prescription for a controlled substance such as Adderall be issued only for a legitimate medical purpose. New York Methodist Hospital failed to live up to its obligations and is being held accountable for its conduct. This settlement also serves as a reminder to the community as a whole of the destructive effects of the abuse of Adderall and of the need to make sure that Adderall is used only when there is a legitimate medical need for it, and only under the supervision of a physician.” United States Attorney Lynch thanked the Drug Enforcement Administration’s New York City Tactical Diversion Squad for its assistance. The Tactical Diversion Squad comprises agents and officers from the Drug Enforcement Administration, The New York City Police Department, Town of Orangetown Police Department and Westchester County Police Department.
In January 2012, the United States Attorney’s Office for the Eastern District of New York and the Drug Enforcement Administration, in conjunction with the five district attorneys in this jurisdiction, the Nassau and Suffolk County Police Departments, the New York City Police Department and New York State Police, along with other key federal, state and local government partners, launched the Prescription Drug Initiative to mount a comprehensive response to what the U.S. Department of Health and Human Services’ Centers for Disease Control and Prevention has called an epidemic increase in the abuse of so-called opioid analgesics. To date, the Prescription Drug Initiative has brought over 120 federal and local criminal prosecutions, taken civil enforcement actions against a pharmacy and a pharmacy chain, removed prescription authority from numerous rogue doctors, and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The United States’ case was handled by Assistant United States Attorney Elliot M. Schachner.
New Haven Man Sentenced to 10 Years in Federal Prison for Possessing Child PornographyRead the Press Release
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, announced that DANIEL HARRISON, 32, of New Haven, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 120 months of imprisonment, followed by 20 years of supervised release, for possessing child pornography.
According to court documents and statements made in court, in October 2011, a Connecticut State Police Trooper assigned to the Computer Crimes Unit logged into a publicly available Internet file sharing program and downloaded images and videos of child pornography from a system connected to the network with an Internet Protocol address assigned to HARRISON. On November 28, 2011, law enforcement agents conducted a court-authorized search of HARRISON’s residence and seized several items, including a laptop computer and a video game console. Forensic analysis of HARRISON’s laptop and video game console revealed approximately 4,496 image files and 387 video files of child pornography.
HARRISON was arrested on November 28, 2011. On December 14, 2012, he pleaded guilty to one count of possession of child pornography.
In September 2002, in Connecticut Superior Court in New Haven, HARRISON was convicted of possession of child pornography. As a result of this prior conviction, HARRISON faced a mandatory minimum prison term of 10 years.
This matter was investigated by the Connecticut State Police Computer Crimes Unit, the New Haven Police Department, the Federal Bureau of Investigation and the Connecticut Child Exploitation Task Force, which includes federal, state and local law enforcement agencies. The case was prosecuted by Assistant United States Attorney Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]New Arrest: Rhamaad Spann, 30, of Brentwood Arrested Yesterday Evening. Attached Indictment Alleges Spann as Shooter in Murder of Innocent Home Owner Killed During A Home Invasion in December, 2009 in Bohemia, NY.Read the Press Release
New Arrest: Rhamaad Spann, 30, Of Brentwood Arrested Yesterday Evening. Attached Indictment Alleges Spann As Shooter In Murder Of Innocent Home Owner Killed During A Home Invasion In December, 2009 In Bohemia, NY.
Natick Man and Revere Woman Indicted for $27 Million Home Health Care Fraud SchemeRead the Press Release
SETPEMBER 20, 2013BOSTON – A Natick man and a Revere woman were charged today for orchestrating a $27 million home health care fraud scheme.
Michael Galatis, 62, was indicted on charges of conspiracy to commit health care fraud, 11 counts of health care fraud, and seven counts of money laundering. Janice Troisi, 64, was indicted on charges of conspiracy to commit health care fraud and 11 counts of health care fraud.
The indictment alleges that, between 2007 and 2012, Galatis and Troisi conspired to have the Medicare program pay for home health care services that, by and large, the beneficiaries did not need nor want. Galatis, a registered nurse, owned and operated At Home VNA (AHVNA), a home health agency located in Waltham. Troisi, also a registered nurse, was the Clinical Director for AHVNA. The Medicare program pays for home health services under specified conditions, including that a physician has certified that the patient is homebound and needs the services and that the services were provided to the Medicare patient. Galatis and Troisi had AHVNA bill Medicare, and Medicare paid AHVNA, millions of dollars for home health services that it should not have paid because the patients were not homebound, did not request nor need the services, and/or skilled services were not provided.
Galatis and Troisi trained AHVNA nurses to recruit Medicare beneficiaries who lived in residential facilities for senior citizens. They trained AHVNA nurses to hold “wellness clinics” where they would take residents’ blood pressure and vital signs. During these “clinics,” Galatis and Troisi trained the nurses to recruit the senior citizens by asking if they were Medicare beneficiaries, and if so, if they would like to have a nurse visit them in their home. Galatis and Troisi trained the nurses to manipulate the patients’ initial assessments to make it appear as though the patients qualified for home health services pursuant to Medicare’s guidelines, when that was often not the case. The home health prescriptions and plans of care were then signed by AHVNA’s paid medical director, who certified that the patients were homebound and in need of skilled services. In fact, the overwhelming majority of AHVNA’s patients were not homebound and did not need home health services: many of the patients worked, took out-of-state vacations, and lived independent lives. AHVNA’s nurses frequently complained to Galatis and Troisi that the patients did not want AHVNA’s services, were not home when they visited and/or were independent and did not need the services. Galatis and Troisi regularly refused the nurses’ requests to discharge the patients, ordering them to keep visiting the patients, or they simply assigned the patient to a new nurse.
Even though the AHVNA medical director certified that the patients were homebound and needed skilled services, he never treated or even met these patients. This was true even after 2011 when a new Medicare regulation required as a condition of payment that the patient have a face-to-face encounter with a physician demonstrating that the home health services were medically necessary. In fact, the patients’ primary care physicians were almost always unaware that the patients were receiving home health services. When some of the patient’s primary care physicians discovered that their patients were receiving home health services, they instructed AHVNA to terminate these services. In many instances, AHVNA continued to bill Medicare notwithstanding these complaints.
During the course of the conspiracy, AHVNA submitted more than $27 million in false and fraudulent claims to Medicare, and Medicare paid AHVNA more than $20 million. The vast majority of these claims should not have been paid because the patients were not homebound, did not need skilled services, and/or were not provided with skilled services
Galatis is separately charged with money laundering. The indictment alleges that Galatis spent a portion of the proceeds from the AHVNA fraud scheme to pay for a $750,000 house in Natick. Galatis withdrew and/or transferred funds from the AHVNA business bank account into his personal bank account, which he immediately used for a down payment for this house and then to pay off a $450,000 mortgage on the property in just 16 months.
If convicted, Galatis faces up to 10 years in prison, three years of supervised release and a $250,000 fine on each count. If convicted, Troisi faces up to 10 years in prison, three years of supervised release and a $250,000 fine on the conspiracy count and each health care fraud count.United States Attorney Carmen M. Ortiz; Susan J. Waddell, Special Agent in Charge of the Department of Health and Human Services, Office of Inspector General, Office of Investigations; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and John Collins, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys David S. Schumacher and Lisa A. Schlatz of Ortiz’s Health Care Fraud Unit.
The details contained in the Indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Montana Man Sentenced to 57 Months Imprisonment for Assault Resulting in Serious Bodily InjuryRead the Press Release
Spokane – Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Patrick Allen Pierre, III, age 33, of Pablo, Montana, was sentenced for the crime of Assault Resulting in Serious Bodily Injury after pleading guilty in April, 2013. Senior United States District Court Judge Justin L. Quackenbush sentenced Pierre to a 57-month term of imprisonment and a three-year term of court supervision following release from Federal prison. Pierre has been in Federal custody since May, 2013.
According to information disclosed during the court proceedings, Pierre admitted that, on January 3, 2013, he struck a woman in the head multiple times with the butt of pistol at a residence in Wellpinit, Washington, which is located within the Spokane Indian Reservation. The female victim sustained serious injuries from Pierre's assault, including serious lacerations. She required medical care at a hospital in Spokane, Washington. Pierre is an enrolled member of the Salish and Kootenai Tribes (Flathead Reservation) and the victim is an enrolled member of the Spokane Tribe of Indians.
Michael C. Ormsby said: "Investigating and prosecuting violent crimes that occur on any of the four Indian Reservation within the Eastern District of Washington are a priority for Federal law enforcement agents and the United States Attorney's Office. Serious assaults, like the one that occurred in this case, will not be tolerated. Violent offenses will be investigated thoroughly and the perpetrators will be arrested and prosecuted aggressively."
This investigation was conducted by the Spokane Tribal Police Department and the Federal Bureau of Investigation. This case was prosecuted by Timothy J. Ohms and James A. Goeke, Assistant United States Attorneys for the Eastern District of Washington.
CR-13-0068-JLQ
Mexican Man Pleads Guilty to Re-entering the United States After Having Been Previously RemovedRead the Press Release
Albany, New York - JOSE REYES BLANCO RUTIAGA, age 29, a citizen of Mexico, pled guilty yesterday before Senior United States District Court Judge Lawrence E. Kahn, in Albany, New York to the felony offense of re-entry by a previously removed alien, announced United States Attorney Richard S. Hartunian.
BLANCO RUTIAGA, a citizen of Mexico, was involuntarily removed from the United States to Mexico on March 4, 2010 and again on April 17, 2010. On August 21, 2013, BLANCO RUTIAGA, who did not have permission to re-enter the United States, was encountered by an Immigration and Customs Enforcement officer at the Rensselaer, New York, City Court.
Sentencing for is scheduled for January 22, 2014, at 10:30 a.m. in Albany, New York. BLANCO RUTIAGA faces a maximum sentence of imprisonment of up to 2 years, supervised release of up to 1 year, a fine of up to $250,000, and a special assessment of $100. BLANCO RUTIAGA was detained pending his sentencing.
This matter was investigated by the Department of Homeland Security, Immigration and Customs Enforcement (ICE), Albany, New York.
Members of Atlanta-Based Gang Arrested on Federal Extortion ChargesRead the Press Release
ATLANTA – Five members of an Atlanta-based gang have been charged by a federal grand jury with extortion, drug trafficking, and firearms offenses.
“These defendants, whose calling cards were violence and intimidation, allegedly terrorized local businesses by shaking them down for cash in return for ‘protection,’” said United States Attorney Sally Quillian Yates. “The community does not need this kind of protective service, or any of the other illegal services the defendants allegedly offered.”
Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office, stated: “This investigation provides a very good look inside the activities of an organized and violent criminal enterprise that focused that violence on the Asian-American community here in the metro Atlanta area. The FBI’s investigation into this gang was extensive and the resulting arrests and indictments are a testament to the hard work of those dedicated individuals who are committed toward making our communities safer.”
According to United States Attorney Yates, the charges, and other information presented in court: Eugene Thomas Chung, a/k/a Yoo Jin Chung (“Chung”), Athith A. Vorasith, a/k/a Andy Vorasith (“Vorasith”), Jong Sung Kim, a/k/a John Kim (“Kim”), Ye El Choi, a/k/a David Choi (“Choi”), and Thomas Jungwon Lee, a/k/a Tommy Lee (“Lee”) are alleged to have conspired together and with others to extort money and property from legitimate business people, using threats, force, violence, and firearms in furtherance of their criminal enterprise.
In about July 2009, Chung and his crew allegedly visited the Gah Bin Korean bar and restaurant in Gwinnett County, Ga., and demanded a monthly share of the restaurant’s profits in exchange for “protection.” Chung promised that, unless a victim made the demanded payments, Chung and his crew would assault this victim, harass his/her customers and employees, and otherwise damage the restaurant. To reinforce their threats, Chung told the victim his crew routinely carried firearms and terrorized other Korean businesses in the community. Over the next four months, Chung and his criminal associates allegedly strong-armed the victim into making monthly protection payments, ranging from $400 to $800.
Shortly after the victim was assaulted, the FBI opened an investigation, and the victim resumed making protection payments under FBI surveillance.
As part of the ongoing undercover investigation, on about March 10, 2010, the victim introduced an undercover agent to Chung, Vorasith, and Lee. During the recorded meeting, Chung explained to the undercover officer that he ran a marijuana distribution business and offered a menu of other illegal services as well, including gambling, extortion, and debt collection. Chung offered to help the undercover officer if he ever needed money collected and stated, “If you need us to beat up anybody, we’re professionals at that.” Chung added that he and his associates were “best at making people crippled,” and said they could also make people “permanently limp, blind, or deaf.” Upon hearing that the undercover officer supposedly was owed $200,000 by a businessman in Houston, Texas, who was behind in payments (and who was actually an undercover officer as well), Chung offered to collect the debt.
On September 17, 2013, a federal grand jury in Atlanta returned a 13-count indictment charging the following individuals with extortion, drug trafficking, and firearms offenses:
•Eugene Thomas Chung, a/k/a Yoo Jin Chung, 39, of Duluth, Ga.;
•Athith A. Vorasith, a/k/a Andy Vorasith, 24, of Auburn, Ga.;
•Jong Sung Kim, a/k/a John Kim, 48, of Suwanee, Ga.;
•Ye El Choi, a/k/a David Choi, 30, of Norcross, Ga.; and
•Thomas Jungwon Lee, a/k/a Tommy Lee, 32, of Duluth, Ga.On September 19, 2013, initial searches and arrests were conducted in connection with an unsealed indictment. The defendants made their initial appearances in the United States District Court for the Northern District of Georgia before Magistrate Judge Russell G. Vineyard.
If convicted, Chung and Vorasith face a maximum sentence of up to life imprisonment; Kim, Choi, and Lee face up to 20 years of imprisonment. They also are potentially subject to fines of over $1,000,000 dollars.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges, and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by Special Agents of the Federal Bureau of Investigation.
Assistant United States Attorneys John S. Ghose, Kurt R. Erskine, and Ryan Scott Ferber are prosecuting the case.For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Member of Smash-and-Grab Robbery Crew Sentenced to Seven YearsRead the Press Release
ALEXANDRIA, Va. – Floyd Davis, 43, of Washington, D.C., was sentenced today to 84 months in prison, and over $1,000,000 in restitution, for his role in a series of smash-and-grab robberies and for possessing a firearm as a convicted felon.
Kathleen M. Kahoe, Acting United States Attorney for the Eastern District of Virginia; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police; M. Douglas Scott, Arlington County Chief of Police; and J. Thomas Manger, Montgomery County Chief of Police, made the announcement after sentencing by United States District Judge Leonie M. Brinkema.
Davis pleaded guilty on July 2, 2013. According to court documents, Davis was a member of a smash-and-grab robbery crew that committed over a dozen robberies in the Washington, D.C. area and elsewhere. The crew entered various high-end retail establishments as a group, and through force and intimidation, stole merchandise from the stores. Davis often acted as a lookout and scouted the locations before the robberies. The crew stole over $1,000,000 in merchandise during the robbery spree.
This case was investigated by the FBI, Fairfax County Police Department, Arlington County Police Department, and Montgomery County Police Department. Assistant United States Attorney Jonathan Fahey and Special Assistant United States Attorney Edward Reilly prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.Massachusetts Man Indicted in Providence for Tax FraudRead the Press Release
WASHINGTON -- The Justice Department and the Internal Revenue Service (IRS) announced that a federal grand jury in Providence, R.I., returned a five-count indictment yesterday charging John Fall of Milton, Mass., with one count of corruptly endeavoring to obstruct and impede the IRS, one count of tax evasion and three counts of aiding and assisting in the preparation and filing of false corporate and individual tax returns. The indictment was unsealed Thursday following Fall’s arrest.
According to the indictment, Fall was a real estate consultant who bought, sold and brokered real estate. Fall also participated in handling the financial affairs of his wife and her businesses, including her dental practice, Comfort Dental Inc., as well as Broad Street Investments. The indictment alleges that between 1999 and 2010, Fall used numerous nominees and business names to conceal his business and financial transactions. Fall also used multiple bank accounts, including commingled or “warehouse” bank accounts, in at least four states throughout the country, all in order to conceal his financial transactions as well as certain financial transactions of Comfort Dental and Broad Street Investments. To further disguise business and financial transactions, court documents allege that Fall used fake names and aliases to conceal his ownership and control over his nominee entities.
The indictment alleges that Fall filed false returns for 1998 and 1999, and failed to file any return for the years 2000 through 2010. The IRS audited Fall for the 1998 through 2000, assessing him taxes collectively totaling approximately $72,000. According to the indictment, Fall committed tax evasion by attempting to thwart IRS collection of these taxes by using multiple nominees, business names and fake names and aliases to disguise financial transactions and title assets, by using commingled bank accounts, by making extensive use of cash and by causing to be filed false and fraudulent documents in federal court disclaiming ownership and control over funds sought by the IRS to pay the taxes he owed.
The indictment further alleges that Fall caused tax returns that were filed by Comfort Dental for the years 2005 through 2007, as well as his wife’s individual tax returns for 2005 and 2006 to be false. Fall caused his wife’s businesses to make payments to his various entities which were falsely recorded as deductible business expenses. According to court documents, Fall also caused his wife’s individual tax return to reflect a capital loss for tax year 2006 when, according to the indictment, she received a capital gain on the sale of property.
When Comfort Dental and Fall’s wife were audited between 2008 and 2009, the indictment alleges that Fall attempted to obstruct the audit by encouraging his wife’s accountant not to provide the IRS with information requested through a summons, and by providing false and fraudulent information and documentation to the IRS concerning the nature of the payments by Comfort Dental and Broad Street Investments to his various entities. Fall also attempted to obstruct his wife’s compliance with an IRS summons.
An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. The tax evasion charge carries a maximum sentence of five years imprisonment and a $250,000 fine. The IRS obstruction charge and the aiding and abetting of false returns charges each carry a maximum sentence of three years imprisonment and a $250,000 fine.
This case was investigated by special agents with the IRS – Criminal Investigation. The case is being prosecuted by Assistant Chief John Kane and Trial Attorney Christopher O’Donnell with the Justice Department’s Tax Division.###
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]Maryland Man Sentenced to 42 Months in Prison for Traveling into the District of Columbia to Engage in Illicit Sexual Conduct with A MinorRead the Press Release
WASHINGTON – Scott Richard Swirling, 62, of Silver Spring, Md., was sentenced today to 42 months in prison for traveling interstate to engage in illicit sexual conduct with a minor, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Swirling pled guilty to the charge in April 2013 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable John D. Bates. Upon completion of his prison term, Swirling will be placed on 10 years of supervised release.
According to the government's evidence, on Jan. 7, 2013, Swirling contacted a man he believed to be the father of an under-aged girl on a social network site. That man turned out to be an undercover officer with the FBI's Child Exploitation Task Force. Over the next few days, Swirling engaged in graphic online email and instant message conversations with the undercover officer. During these conversations, Swirling arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child. Swirling traveled from Silver Spring to a pre-arranged meeting place in Washington, D.C., where he was arrested.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Machen, Assistant Director Parlave and Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Ari Redbord, who prosecuted the case.
13-327Maryland Man Sentenced to 28 Months in Prison for Traveling into the District of Columbia to Engage in Illicit Sexual Conduct with A Minor and Possession of Child PornographyRead the Press Release
WASHINGTON – Frederick Singletary, 42, of Parkville, Md., was sentenced today to 28 months in prison on federal charges of traveling interstate to engage in illicit sexual conduct with a minor and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Singletary pled guilty in June 2013 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Beryl A. Howell. Upon completion of his prison term, Singletary will be placed on 10 years of supervised release.
According to the government's evidence, on Feb. 12, 2013, Singletary contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a social network site. Over the next few days, Singletary engaged in online e-mail, instant message, text message, and telephone conversations with the undercover officer, whom he believed was the father of an under-aged girl. During this period of time, Singletary arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child.
During the course of their communications, Singletary also sent the undercover officer 10 images of child pornography. On Feb. 14, 2013, Singletary traveled from Maryland to a pre-arranged meeting place in Washington, D.C. When he arrived, he was arrested.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Machen, Assistant Director Parlave and Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Ari Redbord, who prosecuted the case.
13-324Marshall County Woman Imprisoned for EmbezzlementRead the Press Release
Felicia C. Adams, United States Attorney for the Northern District of Mississippi, and
Daniel P. McMullen, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi, announced that:Kimberly Cray Burk, 45, of Byhalia, Mississippi, was sentenced Monday, September 16, by Senior U.S. District Judge Neal B. Biggers, Jr. in Oxford, Mississippi. Burk had previously pled guilty to embezzling money from her employer via a wire fraud scheme. Burk was sentenced to 96 months in prison and ordered to pay $1,406,470.25 in restitution to Mid-South Maintenance, Inc. Burk was also sentenced to 3 years supervised release following the term of imprisonment. Burk remained in custody.
The case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Clay Joyner.
Contact:
John Marshall Alexander, Chief of Criminal Division, United States Attorney’s Office,
Oxford, Mississippi (662) 234-3351.Local Man Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
St. Louis, MO – MICHAEL FLOERCHINGER pled guilty late Thursday afternoon to possession of child pornography, after three days of trial before United States District Judge Henry Autrey.
Floerchinger, St. Louis, MO, pled guilty to one felony count of possession of child pornography. Judge Autrey set sentencing for December 9, 2013.
Possession of child pornography carries a maximum penalty of 10 years in prison and/or fines up to $250,000. 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 Special Investigations Unit of St Louis County Police Department, the Regional Computer Crime Education and Enforcement Group (RCCEEG) and Investigator Donya Jackson of the U.S. Attorney’s Office. Assistant United States Attorney’s Matthew Drake and Erin Granger are handling the case for the U.S. Attorney’s Office.
Local Developer Indicted for Obstruction of JusticeRead the Press Release
BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. and Acting Assistant Attorney Robert G. Dreher, of the Environment and Natural Resources Division of the U.S. Department of Justice, announced today that a federal grand jury has returned a five count Indictment charging William L. Huntress, 57, of Buffalo, N.Y., and two companies he controlled, Acquest Development, LLC and Acquest Transit, LLC, with conspiracy to defraud the United States and obstruction of justice. In addition, Huntress and the companies are charged with making a false statement and concealing material facts, and criminal contempt. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000, or both.
According to the indictment, in January 2006, the defendants purchased a 97-acre piece of property at 10880 Transit Road in Amherst, N.Y. Prior to the purchase, the defendants obtained a wetland delineation for the site which concluded that 76.3 acres or 79% of the site qualified as federally jurisdictional wetlands. After the purchase, the Environmental Protection Agency (EPA) began an investigation to determine whether the site contained federal wetlands and was within the jurisdiction of the Clean Water Act. As part of that investigation, the EPA sought information from the defendants, including a request for any prior wetland delineations conducted.
Also according to the indictment, the defendants failed to disclose the existence of their prior wetland delineation, and made false statements regarding activity that was occurring on the site. The indictment further states that in a civil lawsuit involving defendant Acquest Transit, the United States District Court for the Western District of New York enjoined that company and its officers, agents and employees from performing any further earthmoving activity. However, in May 2010, defendant Huntress hired a local farmer to conduct agricultural and earthmoving activity on the site.
The same defendants were charged in an indictment on November 9, 2011. That indictment was dismissed by the District Court in an order dated March 25, 2013.
The Indictment is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Acting Special Agent-In-Charge, Vernesa Jones-Allen. The evidence was presented to the Grand Jury by Assistant U.S. Attorney Mango and Trial Attorney Gleason, who will handle the trial of the case.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Lead Man Sentenced for Unlawfully Structuring Financial TransactionsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lead, South Dakota, man convicted of Unlawful Structure of Transactions to Evade Reporting Requirements was sentenced on September 13, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
This case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
David Olmsted, a/k/a Dale Cooper, Jr., age 60, was sentenced to 3 years’ probation, and was ordered to pay $100 to the Federal Crime Victims Fund and $178,867.08 in restitution to individuals who purchased dinar from Olmsted but did not receive it.
In February 2011, Olmsted arranged for shipments of Iraqi Dinars, the country’s currency, to be sent from the country of Jordan to the United States in split shipments. Olmsted was aware that every currency shipment had to reported if the value exceeded $10,000, so he split the shipments to avoid exceeding that amount and to avoid having to report the shipments to the Department of Treasury. He pled guilty on May 21, 2013.Justice Department Reaches Settlement with Piedmont Regional Jail to Reform Medical and Mental Health Care at the FacilityRead the Press Release
Today the Department of Justice filed a complaint and a simultaneous settlement agreement in the District Court for the Eastern District of Virginia to ensure that prisoners at the Piedmont Regional Jail in Farmville, Va., receive appropriate medical and mental health care. In March 2011, the Justice Department launched an investigation, using its authority under the Civil Rights of Institutionalized Persons Act (CRIPA), into allegations that the Piedmont Regional Jail was not providing prisoners with constitutionally adequate medical care. In September 2012, the Justice Department released its findings that deficiencies in medical and mental health care at the jail exposed prisoners to an unreasonable risk of serious harm, and thus violated the Constitution. Among other things, the Department found inadequate staffing; insufficient procedures to screen and assess medical and mental health problems; and the absence of a chronic care program to treat conditions such as seizures, heart disease and hypertension. The agreement filed today resolves the Justice Department’s investigation of the Piedmont Regional Jail.
The agreement requires the jail to employ adequate, and sufficiently-credentialed, medical and mental health personnel; perform timely screening and appropriate health assessments of prisoners; establish a chronic care program and an acceptable sick call process; provide clear policies and sufficient training to its staff; exclude certain essential services and follow-up services from co-payments, and otherwise reduce co-payments so that prisoners are not deterred from seeking needed health care. The agreement also requires the jail to develop and track data to analyze the performance of medical and mental health staff and work with an independent monitor to implement the changes described in the agreement and to evaluate the jail’s success in effecting meaningful reform.
“While an offender is serving his or her sentence, the government has a duty under the Constitution to make sure that person does not suffer unreasonably, by providing sufficient medical and mental health care,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division of the Department of Justice. “We commend the Piedmont Regional Jail Authority and the leadership at the Jail for their cooperation and for taking the necessary steps to ensure the health and safety of the individuals under their care.”
The investigation was conducted by the Special Litigation Section of the Department of Justice’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt .
Justice Department Prevails in “Stars” Tax Shelter Case, Court Imposes over $100 Million in PenaltiesRead the Press Release
On Friday, the Court of Federal Claims in Washington, D.C., ruled that a subsidiary of the BB&T Corporation was not entitled to $660 million in tax benefits that BB&T claimed based on its participation in an abusive tax shelter known as Structured Trust Advantaged Repackaged Securities (STARS). Judge Thomas C. Wheeler, who delivered the opinion of the Court, imposed $112 million in penalties.
Barclays Bank PLC and KPMG LLP jointly developed and marketed the STARS transaction to subvert the foreign tax credit rules and generate illicit tax benefits to be shared among the transaction’s participants. BB&T additionally employed Sidley & Austin LLP to provide tax advice supporting the transaction. After hearing evidence during a month-long trial in March, Judge Wheeler ruled for the United States “on all grounds,” determining that BB&T, Barclays, KPMG and Sidley Austin’s conduct with regard to STARS was “nothing short of reprehensible,” and that the considerable effort put into the transaction was a “waste of human potential.”
“It is an affront to all taxpayers who work hard and do the right thing when our largest corporations rely on abusive schemes to avoid paying their fair share of taxes,” said Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division, hailing the Court of Federal Claims’ opinion. “Today’s ruling sends a strong message that no matter how sophisticated the scheme, these sham tax shelters will not stand.”
Assistant Attorney General Keneally thanked the agents and attorneys at the Internal Revenue Service who assisted the Justice Department, as well as Tax Division Senior Litigation Counsel Dennis Donohue, Trial Attorneys John Schoenecker, Kari Larson, Raagnee Beri, William Farrior, and Special Attorney Allen Kline.
Justice Department Participates in Child Cyber Safety Night at Nationals Park, Saturday, September 21stRead the Press Release
Child Cyber Safety Night at the Ballpark is the latest effort by the Justice Department and its law enforcement and community partners to encourage parents to speak with their children about online and cell phone safety and provide prevention materials. As part of the event, the Department will receive the Washington Nationals Spirit Award. Deputy Attorney General James Cole will be recognized in an on field ceremony at Nationals Park along with Office of Juvenile Justice and Delinquency Prevention Administrator Robert L. Listenbee, Assistant Director in Charge of the FBI Washington Field Office Valerie Parlave and public outreach organization I Know Better founder Steve Schankman.
The spirit award will be announced at 6:20 p.m. Saturday, Sept. 21, 2013, before the 7:05 p.m. Major League Baseball game between the Washington Nationals and the Miami Marlins.
In a new public service announcement to be released at the game, Attorney General Eric Holder will emphasize the importance of creating an ongoing dialogue with children about safe use of technology.
“As a parent, I understand the opportunities – and the challenges – that new technologies present for America’s young people. It’s up to each of us to start a dialogue with our kids about safe Internet and cell phone practices,” said Attorney General Holder in the public service announcement. “Together, we can ensure that our kids are safe and protected – both online and off.”
Resources for parents and children will be available at the Community Clubhouse at the Center Field Plaza when the gates open Saturday through the 3rd inning of the game.
OJJDP provides national leadership, coordination and resources to prevent and respond to juvenile delinquency and victimization.
For more on Internet and cell phone safety, please visit: www.projectyouthsafety.org/cybersafe.Press inquiries regarding logistics should be directed to Alex Schauffler at [email protected] and Kelly McMahon at [email protected].
Jury Convicts Priest of Illegal Interstate Transportation of A MinorRead the Press Release
CONTACT: Fred Alverson
Public Affairs Officer
CINCINNATI – A U.S. District Court jury has convicted Robert Frank Poandl, 72, of Fairfield, Ohio of one count of interstate transportation of a minor for illicit purposes, a federal law known as the Mann Act.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI), William Hayes, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Ohio and Michigan; and agencies in the Greater Cincinnati Internet Crimes Against Children (ICAC) Task Force announced the verdict reached today following a trial that began September 16 before U.S. District Judge Michael R. Barrett.
According to trial testimony, in August 1991, Poandl transported a ten-year old boy from Cincinnati to Spencer, West Virginia where he sexually assaulted the child. The crime was not disclosed until the victim came forward in 2009. The crime is punishable by a sentence ranging from zero to ten years in prison. Judge Barrett will set a date for sentencing.
“Today’s verdict should give victims courage to come forward, even if the abuse happened years ago,” U.S. Attorney Stewart said.
A federal grand jury indicted Poandl, known as “Father Bob”, in November 2012. FBI agents arrested him at the Glenmary Missioners in Fairfield, Ohio. He has been on house arrest with electronic monitoring since his arrest.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Stewart commended the investigation by FBI agents and investigators with the Greater Cincinnati ICAC and the West Virginia State Police, as well as Assistant U.S. Attorneys Christy Muncy and Timothy Oakley.
Agencies participating in the Greater Cincinnati ICAC, in addition to FBI and HSI Agencies and the U.S. Attorney’s Office include the U.S. Marshals Service, U.S. Secret Service, Hamilton County Prosecutor Joe Deters, Hamilton County Sheriff Jim Neil, and the police departments in Amberley Village, Blue Ash, Cincinnati, and West Chester.
Jury Convicts Identity ThiefRead the Press Release
Cora Ford Used Stolen Identities of the Homeless and Disabled to File Fraudulent Tax Returns for Refunds
ATLANTA - Cora Cadia Ford has been found guilty by a jury following a three-day trial on 30 counts of mail fraud, aggravated identity theft, and filing false claims with the Government.
“This defendant took advantage of some of the most disadvantaged members of our community,” said United States Attorney Sally Quillian Yates. “Her greed drove her to use the identities of people who were homeless, mentally challenged, and physically disabled. She not only stole taxpayer money, she callously left her victims without their much-needed disability payments.”
IRS Criminal Investigation Special Agent in Charge Veronica Hyman-Pillot said, “Individuals who commit refund fraud and identity theft of this magnitude and with this degree of trickery, dishonesty and deceit, deserve to be punished to the fullest extent of the law. IRS Criminal Investigation, along with our law enforcement partners and the United States Attorney’s Office, remain vigilant in identifying, investigating and prosecuting those individuals who seek to willfully defraud the United States Treasury and blatantly disregard the victims of their schemes.”
According to United States Attorney Yates, the charges and other information presented in court: from approximately January 2007 to May 2011, Ford prepared and filed false tax returns with the IRS, using the names and social security numbers of the poor, homeless and disabled. Ford intentionally prepared each tax return with false information so that it would generate a tax refund. Ford obtained the tax refund checks and deposited them into her own bank account or cashed the checks at check-cashing stores, and used the money for her own benefit. As a result of Ford’s crimes, many of the victims whose names and social security numbers were stolen had their social security disability benefits reduced or eliminated for a period of time.
Ford obtained the victims’ names and social security numbers in a variety of ways. In some instances, Ford convinced the victims to provide her with their identifying information so that she could apply on their behalf for a homeless grant with the Government. In fact, no such Government grant existed. In other instances, Ford, who also ran a small church with her now-deceased husband, told her victims that she would file a tax return on their behalf and it would be “a gift from God.” In fact, Ford used the victims’ identifying information to prepare and file false tax returns, and kept the entire tax refund for herself. One victim, who testified that her social security disability benefits were reduced to approximately $27 per month as a result of Ford’s crimes, causing her to be unable to afford her own medications, stated that the defendant’s crimes had ruined her life.
The mail fraud charges each carry a maximum sentence of 20 years in prison, and each false claim charge carries a maximum sentence of 5 years in prison. The aggravated identity theft charges carry at least one mandatory two-year consecutive sentence to any other sentence imposed. Each count also carries a fine of up to $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Sentencing for Ford, 55, of Stone Mountain, Ga., is scheduled for December 16, 2013, at 10:30 am before United States District Judge Thomas W. Thrash.
This case is being investigated by the Internal Revenue Service Criminal Investigation.
Assistant United States Attorneys Thomas J. Krepp and Steven D. Grimberg are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
Jacksonville Man Sentenced to More Than Six Years in Prison for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida -United States District Judge Marcia Morales Howard sentenced William Douglas Smith, III (29, Jacksonville) to 6 years and 10 months in prison for receiving child pornography over the Internet. He was also ordered to serve a 10-year term of supervised release and register as a sex offender. Smith pleaded guilty on June 3, 2013, and has been in the custody of the United States Marshals Service since August 27, 2013.
According to court documents, an agent with the Federal Bureau of Investigation, in Jacksonville, began an investigation to identify individuals that had access to and/or were trading images and videos depicting child pornography over the Internet. The agent determined that a computer using a particular internet protocol (IP) address in the Jacksonville area was hosting images of child pornography using a file sharing program. The agent made a connection to this computer through the Internet and downloaded several video files directly from this computer. Each of the videos depicted young children engaged in sexually explicit conduct. Further investigation revealed that the IP address resolved back to Smith’s Jacksonville residence.
On December 6, 2012, FBI agents and other law enforcement officers executed a federal search warrant at Smith's residence and seized, among other things, five computers and 66 compact discs. A subsequent forensic analysis of the computer used by Smith revealed that it contained more than 250 videos of child pornography. During an interview with law enforcement, Smith admitted to accumulating and collection child pornography and said that he enjoyed "the naughtiness of it." He stated that child pornography videos "get your heart going."
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Illegal Alien Sentenced to Prison for Conspiracy to Bribe an Immigration OfficialRead the Press Release
Baltimore, Maryland – U.S. District Judge William D. Quarles, Jr. sentenced Amjad Israr, age 46, a Pakistani citizen living in Cheshire, Connecticut, today to 15 months in prison, followed by three years of supervised release, after Israr pleaded guilty to conspiring to bribe an immigration official in order to obtain lawful permanent residence (green card) and employment authorization documents.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); District Director Gregory Collett of the U.S. Citizenship and Immigration Services (USCIS) Baltimore District Office; and Chief James W. Johnson of the Baltimore County Police Department.
According to his plea agreement, Israr operated multiple convenience stores in Connecticut, called Krauszer’s. Israr entered the United States in 1994 using another person’s Pakistani passport that he had purchased in Pakistan and has no legal immigration status in the United States.Beginning in December 2011, Israr began working with a Maryland attorney who told Israr that he knew an immigration official who was willing, in return for payments of money, to provide immigration documents, which would permit Israr to legally live and work in the United States. Unbeknownst to the attorney and Israr, the attorney’s immigration contact was actually an undercover agent posing as a public official.
Israr agreed to pay the attorney approximately $30,000 for the immigration documents, knowing that a substantial portion of the payment would be provided to the purported USCIS official in exchange for the immigration documents. Israr and the attorney met with the undercover agent on August 25, 2011. During the meeting, Israr’s fingerprints and photos were taken by the undercover agent in order to prepare the immigration documents for Israr. On one of the immigration forms later submitted to the undercover agent by the attorney, Israr falsely represented that he was married to a U.S. citizen, and the wife’s name and personal identification information provided on the form were all fake. In January 2012, Israr received a green card issued by the undercover agent, which he used to enter the United States on February 4, April 12 and July 17, 2012.
United States Attorney Rod J. Rosenstein praised HSI Baltimore, USCIS Baltimore District Office and the Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Harry M. Gruber and Gregory R. Bockin, who are prosecuting the case.
Greater Harrison Drug Task Force Investigations Lead to Indictments and Arrests of Two Harrison County Residents on Drug ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistFollow us on Twitter @NDWVnews
CLARKSBURG, WEST VIRGINIA - Two Harrison County residents were arrested on September 20, 2013, pursuant to Indictments returned by a Federal Grand Jury.
According to United States Attorney William J. Ihlenfeld, II:
EVAN MICHAEL SHAW, age 22, of Bridgeport, West Virginia, was named in a five-count Indictment charging him with two counts of “Distribution of Heroin,” one count of “Possession with Intent to Distribute Heroin,” one count of “Distribution of Buprenorphine within 1,000 Feet of West Virginia Junior College,” and one count of “Distribution of Buprenorphine.” The U.S. Attorney’s Office is seeking to forfeit $906 in United States currency which constitutes proceeds obtained from the illegal activity as well as four cellular phones.
SHAW faces up to 20 years in prison on the three heroin distribution and possession charges, up to 10 years in prison on the buprenorphine distribution and up to 20 years in prison on the buprenorphine distribution within 1,000 feet WV Junior College charge.
MICHAEL JOHN LUTHER GRIFFIN, age 34, of Clarksburg, was named in an three-count Indictment charging him with two counts of “Distribution of Heroin within 1,000 Feet of the North View Elementary School,” and one count of Distribution of Heroin within 1,000 Feet of the Oakmound Apartments.” GRIFFIN faces up to 40 years in prison on each charge.
GRIFFIN and SHAW appeared before Magistrate Judge James E. Seibert and were released on bond pending their arraignments scheduled for September 25, 2013, before Magistrate Judge John S. Kaull.
The cases were investigated by the Greater Harrison County Drug and Violent Crime Task Force consists of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service; and, the United States Marshals Service. The cases will be prosecuted by Criminal Chief Shawn A. Morgan.
All of the charges contained in the above-referenced indictment are merely accusations and not evidence of guilt, and the defendant is presumed innocent until and unless proven guilty. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.Georgia Contractor Pleads Guilty to Fraud Against Alberici Constructors, Inc.Read the Press Release
St. Louis, MO –KENNETH MARC SIMMONS, who ran a business which supplied materials to an Alberici Constructors, Inc. project in Arlington, Virginia, pled guilty to participating in a scheme to defraud Alberici by inflating invoices.
Kenneth Marc Simmons, La Grange GA, pled guilty to two felony counts of mail fraud and two felony counts of wire fraud before United States District Judge Catherine D. Perry. Sentencing is scheduled for December 18, 2013.
According to court documents, Clone Jefferson Oliver was the project manager for Alberici on a project to build a water treatment plant in Arlington County, Virginia. Work on the project began in September 2006 and the cost of the project was $238,000,000. Simmons and Oliver participated in a scheme to defraud Alberici through the preparation and submission of inflated invoices and false change orders for materials provided to the project by Simmons' business, Industrial and Municipal Supply (IMS). When IMS received payment on the bad invoices, Simmons kept a share and then forwarded money in the nature of kickbacks to Oliver. Simmons made many of the payments to a corporation formed by Oliver called Advanced Construction Solutions, which had the same initials (ACS) as another supplier to the Arlington project, American Construction Services. The indictment refers to Oliver's company as the "fake ACS" while the latter company is referred to as the “real ACS.” Simmons admitted that, in the scheme, Alberici was overbilled in the amount of $4.8 million from 2006 through 2011.
Co-defendant Clone Jefferson Oliver, Apollo Beach FL, former vice-president of St. Louis-based Alberici Constructors, Inc., was indicted in June on seven counts of mail fraud, wire fraud and money laundering, and awaits trial.
Each count of mail and wire fraud with each carries a maximum prison term of 20 years in prison and/or fines to $250,000. Oliver is charged in two additional counts of money laundering with each count carrying a maximum prison term of 10 years and/or a fine up to $250,000. If convicted, each defendant would be subject to an order of restitution in favor of Alberici.Simmons will be liable to pay restitution to Alberici in the amount of $4.8 million. Simmons told the court that, as part of his agreement with the Government, he would agree to the forfeiture of $1.1 million from an investment account in addition to $143,000 from other accounts. The parties advised the court that Simmons also forfeited assets prior to the guilty plea, including $200,000 from a property in Dadeville, AL, $23,000 from the sale of two motorcycles and $47,000 from the sale of a boat and a boat slip. The money generated by these forfeitures will be paid over to Alberici as part of the restitution. Simmons agreed that he will be liable to pay restitution of that part of the $4.8 million loss remaining after these forfeiture payments.
This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation. Assistant United States Attorneys James E. Crowe, Jr., Anthony Franks and Richard Finneran are handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Defendant Oliver is presumed to be innocent unless and until proven guilty.
Former Vice President of University Medical Center in Lubbock Is Sentenced to 51 Months in Federal Prison on Mail Fraud ConvictionRead the Press Release
LUBBOCK, Texas — Robert Gregory Bruce, aka Greg Bruce, 46, of Lubbock, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to serve 51 months in federal prison following his guilty plea in June 2013 to one count of mail fraud and aiding and abetting. In addition, Judge Cummings ordered that Bruce pay $737,492 in restitution to University Medical Center (UMC) and its insurer, advising Bruce, “with bad choices come bad consequences.” Bruce voluntarily allowed the government to seize his retirement account at UMC prior to sentencing; those funds will be used to make restitution. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to documents filed in the case, beginning in June 2007 and continuing to December 12, 2011, Bruce conspired with Rodolpho Reyes Mata, aka Rudy Mata, to submit false and fraudulent invoices for two companies, B.R. Media Monitoring (an alter ego of Bruce) and ATAM Technology Solutions, knowing that the submission of such invoices would cause UMC to pay the fake invoices. Over the course of the conspiracy, Bruce and Mata caused UMC to pay approximately $681,908 on invoices for fake companies that did not provide goods or services as described in the invoices. Bruce used these funds, in part, to pay Mata’s personal living expenses, educational expenses, and travel and entertainment expenses. Mata, 40, of San Antonio, Texas, pleaded guilty in July 2013 to the same offense and is scheduled to be sentenced by Judge Cummings on October 18, 2013.
Bruce also admitted that he used a UMC credit card to make unauthorized payments and purchases of approximately $55,584.
The case was investigated by the FBI. Assistant U.S. Attorney Amanda R. Burch prosecuted.
Former Employee Pleads Guilty to Defrauding Exxon Mobil of More Than $1 MillionRead the Press Release
HOUSTON – Garry W. Arnold, of Dayton, has pleaded guilty to defrauding Exxon Mobil, his former employer, and causing a loss of more than $1 million, announced United States Attorney Kenneth Magidson.
Arnold was employed by the Exxon Mobil Chemical Company from 2004 through 2010 at the company’s Baytown Olefins Plant. His job responsibilities included overseeing the maintenance and repair of numerous large furnaces located at the plant, including ordering replacement parts and coordinating the purchase, delivery and installation of these parts.
Arnold also controlled and was part owner of Metal Blinds Unlimited Inc. During the relevant time period, Metal Blinds had minimal legitimate business operations, had no employees other than Arnold himself and it operated out of his residence.
Beginning in or around January 2004 and continuing through April 2010, Arnold carried out a fraudulent invoicing scheme which caused Exxon to pay at least $1 million for furnace parts and fabrication services that were never provided, were provided with materials already owned by Exxon or for which it paid an excessive amount. Arnold and another person shared the proceeds of the scheme by having Exxon send the payment checks to a company the other person owned, after which the other person caused that company to make payments to a sham corporation owned by Arnold. The other individual also made payments to Arnold for legitimate work done by One Source Industrial for Exxon and other clients, again by making regular payments by check to Metal Blinds.
In total, the scheme resulted in Exxon creating approximately 78 purchase orders and paying at least $1 million to One Source Industrial for work purportedly done by Metal Blinds. Arnold received at least $1 million in association with these invoices through his sham corporation. The other company also paid approximately $310,253.20 to Arnold as part of the concealed profit-sharing agreement.
U.S. District Judge Ewing Werlein Jr., who accepted Garza’s plea today, has set sentencing for Dec. 13, 2013. At that time, he faces a maximum penalty of 20 years in federal prison and a $250,000 fine or twice the pecuniary gain or loss.
The case is being investigated by the U.S. Postal Inspection Service and prosecuted by Assistant U.S. Attorney John Pearson.
Former Dolton Police Officer Sentenced to 75 Months in Prison for Violating Civil Rights of Two Men He Beat with BatonRead the Press Release
CHICAGO — A former south suburban Dolton police officer was sentenced today to 75 months in federal prison for violating the civil rights of two men by using excessive force against them with his baton outside a Dolton nightclub in May 2009. The defendant, KEVIN FLETCHER, 36, of South Holland, who was convicted at trial in May, was sentenced on two counts of violating the victims’ civil right to be free from the use of unreasonable force by a person acting under color of law. The judge and the jury had the benefit of video surveillance recordings that captured most of the scene.
“There was only one person who was out of control that night and that was Mr. Fletcher,” U.S. District Judge Elaine Bucklo said in imposing the sentence in Federal Court in Chicago. The judge said she took into account Fletcher’s anger that night, that he lied when he testified at trial, and had expressed no contrition, while also noting that “being a policeman is a hard job.”
Fletcher joined the Dolton Police Department in October 2006. The evidence at trial showed that at approximately 2 a.m. on May 17, 2009, he and other officers were working crowd control outside the former Mr. Ricky’s 141 Club, as it and other bars along Chicago Road near 141st Street in Dolton were closing. While performing his duties as a police officer, Fletcher used an expandable metal police baton as a dangerous weapon to strike two victims, Michael McPherson and Laurence Williams, once each in the head. The jury found that both victims suffered bodily injury, and the evidence showed that both required hospital treatment and staples to close their head wounds.
Fletcher “had used lethal force against two unarmed victims who had merely mouthed off to him,” Assistant U.S. Attorney Megan Cunniff Church argued at sentencing. “With each of these baton strikes [Fletcher] gave the community reason to doubt law enforcement, reason to challenge its authority, reason to believe that law enforcement cannot be trusted. He inflicted violence into the community that he had sworn to protect.”
Ms. Church, together with former Assistant U.S. Attorney Tinos Diamantatos, argued during the trial that Fletcher was offended by the victims cursing at him as he directed them to depart the Chicago Road area after leaving the nightclub, and then abused his authority by striking them each over the head with his baton to “teach them a lesson.” Fletcher made no effort or attempt to arrest either victim and departed the scene after striking them with his baton, without rendering or summoning any medical aid. Both victims, as well as Fletcher, testified at the trial.
The sentence was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois, and Robert J. Shields, Jr., Acting Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The Justice Department’s Civil Rights Division assisted in the investigation.
Former City of Marion Water Department Manager SentencedRead the Press Release
Had Embezzled Funds from the City of Marion
Linda Heyde, 59, of Marion, Illinois, was sentenced today in federal court to twenty-four months in prison, to be followed by three years of supervised release, and ordered to pay restitution in the amount of $524,100.67 and a $300 special assessment, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced. Heyde pled guilty to three counts of theft and embezzlement from a local government that receives federal funds.
“The public should be able to rely upon employees of government just as they rely upon officials. This sentence should serve a reminder that public employment is a public trust. The citizens of Southern Illinois deserve no less.” said United States Attorney Wigginton.
Heyde was employed as the manager of the City of Marion Water Department from 1996 through May of 2012. After her theft of funds came to light, an audit was conducted that determined that there was over $500,000 in missing funds for a three year period of May 2009 through April 2012. Linda Heyde admitted as part of the plea to embezzling funds from the City of Marion's Water Department in each of those fiscal years but contested the total loss amount.
The prosecution is the result of an investigation conducted by the City of Marion Police Department and the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Norman R. Smith.
Former Baltimore City Firefighter Pleads Guilty to Sex Trafficking of A MinorRead the Press Release
Baltimore, Maryland - Jamar Marvin Simmons, a/k/a “Mar,” age 30, of Baltimore, pleaded guilty today to sex trafficking of a minor, in connection with a prostitution business he ran with co-defendant Franklin Roosevelt Coit, a/k/a “Frank,” and “Nitty,” age 34, also of Baltimore. Coit pleaded guilty to the same charge, on August 1, 2013. Simmons was a Baltimore City firefighter at the time of the offense.
The guilty pleas were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.
According to their plea agreements, Simmons and Coit established and operated a brothel in Baltimore City, first at 2218 Madison Avenue and subsequently at a warehouse located at 208 Madison Avenue. Simmons and Coit also rented hotel rooms and another dwelling in Maryland that were also used for prostitution. Simmons and Coit falsely advertised positions online for exotic dancing and an escort service to recruit females, including at least one minor female, from inside and outside the state of Maryland and arranged to transport the women from various locations outside Maryland, including Delaware, Florida, New York, Pennsylvania, Texas, South Dakota, and Virginia to Maryland to engage in prostitution. Many of the women recruited by Simmons and Coit were in financial distress, had no place to live, or were otherwise unusually vulnerable.Simmons and Coit took sexually explicit photographs of the females they recruited, used a computer to post the photographs on the “escort” section of an online advertising website, and listed telephone numbers on the website where the females could be reached to schedule a “date,” or a commercial sex act. Simmons set the pricing for the commercial sex acts and instructed the females on how to set “dates” over the telephone, and how to avoid detection by law enforcement. Simmons and Coit collected and shared the cash proceeds of the prostitution business and used a firearm and ammunition to protect the prostitution business and its cash proceeds.
Simmons and Coit face a mandatory minimum sentence of 10 years in prison and a maximum of life in prison for sex trafficking of a minor. U.S. District Judge George L. Russell III has scheduled sentencing for Simmons on December 13, 2013 at 2:00 p.m. and for Coit on November 1, 2013 at 10:00 a.m.
The case was investigated by the FBI-led Maryland Child Exploitation Task Force (MCETF), created in 2010 to combat child prostitution, with members from10 state and federal law enforcement agencies. The Task Force coordinates with the National Center for Missing and Exploited Children and the Maryland State Police Child Recovery Unit to identify missing children being advertised online for prostitution.
MCETF partners with the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit www.justice.gov/usao/md/Human-Trafficking/index.html.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Rachel M. Yasser, who is prosecuting the case.