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Monday 11 February 2013
Gang Member Sentenced to Federal Prison in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. - A member of a Dodge City street gang was sentenced Tuesday to prison in a federal racketeering case, U.S. Attorney Barry Grissom said.
Anthony Wright, 27, Dodge City, Kan., was sentenced to nine years in federal prison. Wright pleaded guilty to one count of conspiracy to commit racketeering and one count of discharging a firearm in a crime of violence.
In his plea, Wright admitted he was a member of the Norteno street gang when he aided and abetted the murder of Israel Peralta on June 8, 2009, in Dodge City. On the day of the killing, Wright and another conspirator were out driving when they noticed a group of Hispanic males in a trailer park at 201 E. McArtor in south Dodge City who they believed were members of the rival Sureno gang. Later that day, Wright and three other Nortenos met together and decided to get in the car and go looking for Sureno gang members.
Wright drove the Nortenos to the trailer park and parked the car. Two of the Nortenos in the car with Wright were armed. One had a handgun that looked like a machine gun and the other had a revolver. They got out of the car with guns drawn, ran toward the group of Hispanic males and began firing. Israel Peralta was shot and killed. After the shooting, Wright and the other Norteno gang members drove away from the scene.
In his plea, Wright admitted that as a member of the Nortenos he was part of an ongoing criminal enterprise. The gang used murder, robbery, assault and the threat of violence to protect and expand its operations. He admitted that while he was a Norteno he participated in the sale of methamphetamine. Several other Nortenos were active in the sale of methamphetamine at the same time.
Wright is one of 22 Norteno gang members who have been convicted on charges contained in a federal indictment filed May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) has been filed in Kansas. Three defendants are awaiting sentencing: Juan Torres, Jayson Vargas and Alfredo Beltran-Ruiz.
Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff=s Office, the Kansas Bureau of Investigation, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.
Fort Myers Man Sentenced to More Than 2 ½ Years in Prison for Tax EvasionRead the Press Release
Fort Myers, FL - U.S. District Judge John E. Steele today sentenced Peter Jensen to 31 months in federal prison for tax evasion. The court also ordered him to pay restitution to the Internal Revenue Service in the amount of $2,155,133.88. Jensen pleaded guilty to one count of tax evasion on October 23, 2012.
According to court documents, for the years 2003 through 2009, Jensen attempted to evade paying federal income tax, in the amount of approximately $1.8 million. Jensen attempted to evade paying the taxes by placing real properties in the names of others, and utilizing the bank account of another individual, rather than depositing money he earned in a bank account from which the money could have been seized by the IRS.
"Today's sentencing again emphasizes that the Internal Revenue Service and the U.S. Attorney’s Office will continue their aggressive pursuit of those who use fraudulent methods in an attempt to corrupt our Nation's tax system." said James D. Robnett, Special Agent in Charge, IRS-Criminal Investigation, Tampa Field Office. "Honest taxpayers have been reassured today that no one is above the law, especially when the integrity of tax administration is at stake."
This case was investigated by the Internal Revenue Service, Criminal Investigation and was prosecuted by Assistant United States Attorney Robert Barclift.
Former Registered Nurse Sentenced in Miami to 111 Months in Prison in Connection with $63 Million Mental Health Care Fraud SchemeRead the Press Release
A former registered nurse was sentenced today to serve 111 months in prison for his role in a health care fraud scheme involving defunct health provider Health Care Solutions Network Inc. (HCSN), announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Michael B. Steinbach, Special Agent in Charge of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office.
John Thoen, 53, of Miami, was sentenced by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida. In addition to his prison term, Thoen was sentenced to serve three years of supervised release.
On Nov. 20, 2012, Thoen pleaded guilty in the Southern District of Florida to one count of conspiracy to commit health care fraud and one count of conspiracy to commit money laundering.
According to court documents, HCSN operated community mental health centers (CMHC) at three locations in Miami-Dade County, Fla., and one location in Hendersonville, N.C. HCSN purported to provide partial hospitalization program (PHP) services to individuals suffering from mental illness. A PHP is a form of intensive treatment for severe mental illness. According to court documents, HCSN obtained Medicare beneficiaries to attend HCSN for purported PHP treatment that was unnecessary and, in many instances, not even provided. HCSN obtained those beneficiaries in Miami by paying kickbacks to owners and operators of assisted living facilities.
According to court documents, Thoen was a licensed registered nurse in both Florida and North Carolina. In Florida, Thoen participated in the admission to HCSN of patients who were ineligible for PHP services. Thoen participated in the routine fabrication of patient medical records that were utilized to support false and fraudulent billing to government sponsored health care benefit programs, including Medicare and Medicaid.
In North Carolina, Thoen, according to court documents, routinely submitted fraudulent PHP claims for Medicare patients who were not even present at the CMHC on days PHP services were purportedly rendered. Thoen also caused the submission of fraudulent Medicare claims on days the CMHC was closed due to snow.
Thoen also admitted to his role in a money laundering scheme, involving Psychiatric Consulting Network Inc. (PCN), a Florida corporation that was utilized by HCSN as a shell corporation to launder health care fraud proceeds. According to court documents, Thoen was president of PCN.
According to court documents, from 2004 through 2011, HCSN billed Medicare and the Florida Medicaid program approximately $63 million for purported mental health services.
Fifteen defendants have been charged for their alleged roles in the HCSN health care fraud scheme, and nine defendants have pleaded guilty. Alleged co-conspirators Wondera Eason and Paul Layman are scheduled for trial on March 11, 2013, before Judge Altonaga in Miami. And alleged co-conspirators Alina Feas, Dana Gonzalez, Gema Pampin and Lisset Palmero are scheduled for trial on June 3, 2013. Defendants are presumed innocent until proven guilty at trial.
The cases are being prosecuted by Special Trial Attorney William Parente and Trial Attorney Allan J. Medina of the Criminal Division’s Fraud Section. This case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. In support of the Medicare Fraud Strike Force, the FBI Criminal Investigative Division’s Financial Crimes Section has funded the Special Trial Attorney position.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Former Registered Nurse Sentenced in Miami to 111 Months in Prison in Connection with $63 Million Mental Health Care Fraud SchemeRead the Press Release
A former registered nurse was sentenced today to serve 111 months in prison for his role in a health care fraud scheme involving defunct health provider Health Care Solutions Network Inc. (HCSN), announced U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; Michael B. Steinbach, Special Agent in Charge of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office.
John Thoen, 53, of Miami, was sentenced by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida. In addition to his prison term, Thoen was sentenced to serve three years of supervised release.
On Nov. 20, 2012, Thoen pleaded guilty in the Southern District of Florida to one count of conspiracy to commit health care fraud and one count of conspiracy to commit money laundering.
According to court documents, HCSN operated community mental health centers (CMHC) at three locations in Miami-Dade County, Fla., and one location in Hendersonville, N.C. HCSN purported to provide partial hospitalization program (PHP) services to individuals suffering from mental illness. A PHP is a form of intensive treatment for severe mental illness. According to court documents, HCSN obtained Medicare beneficiaries to attend HCSN for purported PHP treatment that was unnecessary and, in many instances, not even provided. HCSN obtained those beneficiaries in Miami by paying kickbacks to owners and operators of assisted living facilities.
According to court documents, Thoen was a licensed registered nurse in both Florida and North Carolina. In Florida, Thoen participated in the admission to HCSN of patients who were ineligible for PHP services. Thoen participated in the routine fabrication of patient medical records that were utilized to support false and fraudulent billing to government sponsored health care benefit programs, including Medicare and Medicaid.
In North Carolina, Thoen, according to court documents, routinely submitted fraudulent PHP claims for Medicare patients who were not even present at the CMHC on days PHP services were purportedly rendered. Thoen also caused the submission of fraudulent Medicare claims on days the CMHC was closed due to snow.
Thoen also admitted to his role in a money laundering scheme, involving Psychiatric Consulting Network Inc. (PCN), a Florida corporation that was utilized by HCSN as a shell corporation to launder health care fraud proceeds. According to court documents, Thoen was president of PCN.
According to court documents, from 2004 through 2011, HCSN billed Medicare and the Florida Medicaid program approximately $63 million for purported mental health services.
Fifteen defendants have been charged for their alleged roles in the HCSN health care fraud scheme, and nine defendants have pleaded guilty. Alleged co-conspirators Wondera Eason and Paul Layman are scheduled for trial on March 11, 2013, before Judge Altonaga in Miami. And alleged co-conspirators Alina Feas, Dana Gonzalez, Gema Pampin and Lisset Palmero are scheduled for trial on June 3, 2013. Defendants are presumed innocent until proven guilty at trial.
The cases are being prosecuted by Special Trial Attorney William Parente and Trial Attorney Allan J. Medina of the Criminal Division’s Fraud Section. This case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. In support of the Medicare Fraud Strike Force, the FBI Criminal Investigative Division’s Financial Crimes Section has funded the Special Trial Attorney position.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Prison Escapees Plead Guilty to KidnappingRead the Press Release
Jackson, Miss - Darian “Drake” Pierce, 35, of Bogalusa, Louisiana, and Ricky L. Wedgeworth, 38, of Memphis, Tennessee, pled guilty in federal court today to one count of kidnapping, announced U.S. Attorney Gregory K. Davis and Daniel McMullen, Special Agent in Charge of the Federal Bureau of Investigation.
On March 4, 2011, Pierce and Wedgeworth escaped from the Louisiana State Police Headquarters compound where they were both serving 25-year sentences. They traveled to the Fairfield Inn in Vicksburg, Mississippi where, on March 7th, they assaulted, carjacked and kidnapped the victim, David Cupps, a businessman from Sunbury Ohio. The victim died as a result of the assault by Wedgeworth and Pierce, and his body was found on March 8th in a field in Bessemer, Alabama.
The two escapees, still driving the victim’s rental car, were stopped by a Tennessee state trooper on March 8th. During the encounter, Wedgeworth claimed to be the victim before fleeing the scene with Pierce. A high-speed chase ensued near Waverly, Tennessee, before the two men abandoned the vehicle and ran into the woods. When the vehicle was recovered, the victim’s blood and DNA were found in the vehicle.
On March 14, the escapees ambushed an employee at an equestrian park in Madison County, Tennessee and fled in a county-owned Ford Ranger. The truck, driven by Wedgeworth, was seen later that day along Highway 78 near Olive Branch, Mississippi. Deputies from the Desoto County Sheriff’s Department and officers from the Olive Branch Police Department were dispatched to assist with the traffic stop. Deputies activated blue lights, but Wedgeworth failed to stop. A pursuit ensued towards Memphis, Tennessee. Deputies continued pursuing the vehicle until assistance was rendered by the Memphis Police Department, Shelby County Sherriff’s Office, and United States Marshal Service. The vehicle was later immobilized after it was struck by a police vehicle. While Wedgeworth remained inside of the vehicle, Pierce fled on foot carrying a pipe wrench. He ran into a nearby wooded area and fought with officers prior to being taken into custody.
This case was investigated by the Federal Bureau of Investigation, U.S. Marshals Service, Louisiana State Police, Vicksburg Police Department, Tennessee Bureau of Investigations, Tennessee Highway Patrol, Jefferson County Sheriff’s Department, Bessemer Police Department, Madison County (TN) Sheriff’s Department, Desoto County Sheriff’s Department, Memphis Police Department, and other state and local law enforcement agencies. It was prosecuted by Assistant U.S. Attorneys Mary Helen Wall, Richard Starrett, and Jerry Rushing.
Wedgeworth and Pierce will be sentenced on May 30, 2013. They each face a maximum penalty of life in prison.###
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Former Newark Deputy Mayor Sentenced to One Year in Prison for Extortion ConspiracyRead the Press Release
TRENTON, N.J. – Former Newark, N.J., Deputy Mayor for Public Safety Ronald Salahuddin was sentenced today to one year and one day in prison for conspiring to commit extortion by using his official position to steer demolition work to co-defendant Sonnie L. Cooper, a Newark businessman, and obtain contributions to organizations favored by Newark officials, U.S. Attorney Paul J. Fishman announced.
U.S. District Judge Freda L. Wolfson imposed the sentence today in Trenton federal court. A jury returned a guilty verdict against Salahuddin, 61, and Cooper, 69, following a five-week trial in October 2011. Salahuddin and Cooper were both convicted of one count of conspiracy to extort under the color of official right. They were each acquitted of one count of attempted extortion under the color of official right, and two counts of bribery. Salahuddin also was acquitted of an additional count of bribery.
According to documents filed in this case and the evidence at trial:Shortly after Salahuddin became deputy mayor in July 2006 and through December 2007, Salahuddin and Cooper conspired to use Salahuddin’s official position to steer City of Newark and Prudential Center demolition work to a cooperating witness who, in exchange for Salahuddin’s official action and influence, had to give a portion of that work to Cooper, the owner of S. Cooper Brothers Trucking Inc. (“Cooper Trucking”).
Salahuddin solicited and accepted contributions from the cooperating witness to organizations favored by Newark officials in exchange for his official action and influence. While deputy mayor, Salahuddin maintained a concealed financial interest in Cooper Trucking. Salahuddin mortgaged approximately $900,000 worth of property as collateral for Cooper Trucking, loaned money to Cooper for payroll and received money from Cooper related to the company’s operations.
In addition to the prison term, Judge Wolfson sentenced Salahuddin to two years of supervised release and a $5,000 fine.U.S. Attorney Fishman credited special agents of the FBI’s Trenton and Newark Field Offices, under the direction of Acting Special Agent in Charge David Velazquez; and IRS – Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle P. Kitchen, for the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Harvey Bartle of the U.S. Attorney’s Office in Trenton, and Assistant U.S. Attorneys James B. Nobile, chief of the U.S. Attorney’s Office Special Prosecutions Division, and Zahid N. Quraishi of the U.S. Attorney’s Office Special Prosecutions Division, in Newark.
13-072
Defense counsel: Thomas Ashley Esq., NewarkFormer New Jersey Resident Sentenced to Four Years in Prison for Role in Real Estate Scam That Defrauded Family FriendsRead the Press Release
Judge Also Orders Defendant to Pay $4.7 Million in Restitution
TRENTON, N.J. – An Oklahoma woman who formerly lived in Ridgewood, N.J., was sentenced today to 48 months in prison for a scheme to defraud two New Jersey families relating to the purchase, financing, and improvement of real estate in Oklahoma, U.S. Attorney Paul J. Fishman announced.
Taya Romano, (a/k/a “Taya Waldon”), 36, previously pleaded guilty before U.S. District Judge Peter G. Sheridan to an Information charging her with conspiracy to commit wire fraud. Judge Sheridan imposed the sentence today in Trenton federal court.According to documents filed in this and a related case and statements made in court:
In 2008 and 2009, Taya Romano conspired with her then-husband to solicit and obtain money from two sets of family friends in New Jersey for investments in what Romano represented to be purchases of apartment complexes and undeveloped land in Oklahoma. Romano solicited a series of investments from each of the two sets of family friends, obtaining a total of $1,032,750 from one couple and $890,000 from the other couple. Romano and her husband did not use these funds for the purposes for which they had represented.
In addition to the prison term, Judge Sheridan sentenced Romano to three years of supervised release and ordered her to pay $4.7 million in restitution.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge David Velazquez, with the investigation leading to today’s sentence.The government is represented by Assistant U.S. Attorney Bohdan Vitvitsky of the U.S. Attorney’s Economic Crimes Unit.
13-074Defense counsel: Brian J. Neary Esq., Hackensack, N.J.
Former Galleon Group Employee and Hedge Fund Founder Ali Far Sentenced in Manhattan Federal Court for Insider TradingRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that ALI FAR, a former employee of Galleon Group and founder/portfolio manager of Spherix Capital Partners, was sentenced today to one year of probation for his participation in multiple insider trading schemes during which he obtained, shared, and traded based on material, nonpublic information (“Inside Information”) stolen from several public companies. FAR pled guilty in October 2009 to one count of conspiracy to commit securities fraud and one count of securities fraud pursuant to a cooperation agreement with the government. He was sentenced today in Manhattan federal court by U.S. District Judge Robert P. Patterson.
According to the Information and statements made during FAR’s guilty plea proceeding and his sentencing:
Between 2003 and March 2009 – a period that spanned FAR’s tenure at Galleon and Spherix – he solicited Inside Information from a number of sources who provided the information in breach of duties to their employers, for purposes of trading securities. FAR traded on the Inside Information for the benefit of the hedge funds where he worked. He also shared certain Inside Information with others in the hedge fund industry in exchange for trading ideas and other Inside Information. Together, he and his co-conspirator at Spherix gained approximately $5,209,464 for their hedge fund by placing trades in Spherix accounts based on Inside Information.
For example, FAR solicited Inside Information from Ali Hariri, a family friend and technology executive, who pleaded guilty and was sentenced to prison as a result of his participation in illegal insider trading. On multiple occasions, beginning in 2008, Hariri provided FAR with Inside Information about the business performance of Hariri’s company, and FAR traded based on that Inside Information, reaping hundreds of thousands of dollars in illegal profits.
In addition to his probation, FAR, 51, of Saratoga, California, was sentenced to a fine of $100,000, a $200 special assessment, and 100 hours of community service.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation. He also thanked the U.S. Securities and Exchange Commission.
This case was brought in coordination with President Barack Obama's Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a Co-Chair of the Securities and Commodities Fraud Working Group. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
The case is being handled by the Office's Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Reed Brodsky is in charge of the prosecution.
Former Bank Officer Sentenced for Embezzling over $142,000Read the Press Release
POCATELLO – Deanne Marie Cottle, 63, of Swan Valley, Idaho, a former vice president of Bank of Commerce of Idaho Falls, Idaho, was sentenced today to 15 months in prison for embezzling $142,008.60 from the bank, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Cottle to serve two years of supervised release after her prison term and pay a $2,000 fine. On November 27, 2012, Cottle pleaded guilty to a one-count information charging her with embezzlement by a bank employee.
According to the plea agreement, an audit conducted on September 13, 2011, found that between January 12, 2009, and September 8, 2011, Cottle, the former vice president of security and director of human resources at Bank of Commerce, converted approximately 31 checks totaling $142,008.60 from health insurance carriers to the bank. Cottle admitted that she converted the monies into cashier’s checks, which she then deposited into a personal credit union account. During a subsequent interview with the FBI, Cottle admitted that she willfully and knowingly embezzled the funds. According to the plea agreement, Cottle has made full restitution to Bank of Commerce.
The case was investigated by the Federal Bureau of Investigation.
“The detection and prosecution of the crime in this case exemplifies efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF),” said Olson. “Thanks to the dedicated work of the FBI in this case, and the ongoing work of the FBI and other partners, the District of Idaho is proud to be a successful part of this important program. We will continue to work with our partners in the law enforcement community – federal, state and local – to identify and prosecute those who commit fraud.”
The FFETF was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
Former Alexandria Doctor Pleads Guilty to Conspiring to Distribute OxycodoneRead the Press Release
ALEXANDRIA, Va. – Larren Wade, 55, of Venice, Fl., a former doctor who had a medical practice in Alexandria, Va., pleaded guilty today to conspiring to distribute oxycodone.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Robert Brisolari, Acting Special Agent in Charge for Drug Enforcement Administration (DEA)’s Washington Field Division; Earl Cook, Alexandria Chief of Police; and Colonel W. Steven Flaherty, Virginia State Police Superintendent, made the announcement after the plea was accepted by United States District Judge Claude M. Hilton.
“Larren Wade not only violated his oath as a doctor, he violated the law when he provided a highly addictive drug to individuals for no legitimate medical reason,” said U.S. Attorney MacBride. “The abuse of prescription pills has had a devastating impact on our community, and we will continue to pursue unethical doctors who sell the drugs for their own profit.”
“Larren Wade selfishly exploited his profession by operating a drug distribution business that supplied dangerous prescription pain killers to individuals with no valid medical need,” said Assistant Director in Charge Parlave. “As demonstrated by over 200 convictions and guilty pleas in Operation Cotton Candy, the Organized Crime and Drug Enforcement Task Force is committed to the pursuit of prescription drug abuse and the FBI will continue to work with our law enforcement partners to protect our community from the dangers of these crimes.”
Wade faces a maximum penalty of 20 years in prisonwhen he is sentenced on May 17, 2013.
In a statement of facts filed with his plea agreement, Wade admitted that between March and July 2010, he issued thousands of prescriptions for pain medications, sometimes exceeding 2,000 pills per patient each month. Wade frequently issued these prescriptions without conducting a physical examination, without reviewing prior medical records, and without establishing a treatment plan. During this time, Wade also operated an almost strictly cash business and would typically see between 30 and 50 patients per day, but in at least one instance saw more than 100 patients in a single day and collected nearly $10,000 in cash.
Court records indicate that Wade was the subject of an undercover operation by law enforcement officials, and he issued numerous prescriptions for oxycodone to two undercover officers for no legitimate medical purpose. In addition, the undercover officers asked if they could obtain a prescription for a “friend” who did not exist. Wade provided two prescriptions for oxycodone for the fictitious patient after an $85 office visit fee was paid. After the transaction was completed, Wade created a patient file for the fictitious patient.
Oxycodone is the active ingredient in brand name pills such as OxyContin, Roxicodone and Percocet. It is a Schedule II controlled substance and can be useful in assisting with pain management issues; however, it has a high potential for abuse and abuse of the drug can lead to severe psychological or physical dependence.
This case was investigated by the DEA’s Washington Field Division, FBI’s Washington Field Office, Virginia State Police, and the Alexandria Police Department. Special Assistant United States Attorneys Stacey Luck and Elizabeth N. Eriksen are prosecuting the case on behalf of the United States.
This case is part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Cotton Candy, which has been focusing on the illegal distribution by numerous doctors, pharmacists, nurses, and patients of pain medication. This OCDETF matter has secured more than 200 drug-trafficking convictions and guilty pleas.
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.Foreign National Sentenced for Controlled Substances and Immigration OffensesRead the Press Release
Abel Camacho-Ortega was sentenced in U.S. District Court in East St. Louis on February 11, 2013, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Camacho-Ortega, 42, a citizen of Mexico who most recently resided in Granite City, Illinois, was sentenced to eighty-seven (87) months in prison, followed by five years of supervised release. He was also order to pay a fine of $300 and a special assessment of $210. In addition, the Court entered a Judicial Order of Removal, which requires Camacho-Ortega to be deported from the United States following the service of his term of imprisonment. Camacho-Ortega had previously pled guilty on October 18, 2012, to Possession with the Intent to Distribute Methamphetamine (Count 1); Possession with the Intent to Distribute Cocaine (Count 2); and Illegal Entry into the United States Without Inspection (Count 3).
According to the Stipulation of Facts filed with the Court at the time of his plea of guilty, Camacho-Ortega was stopped by the Granite City Police Department and the Drug Enforcement Administration (DEA) on August 20, 2012, after his vehicle was observed traveling 70 miles per hour in a 45 miles per hour construction zone. After a consensual search of the vehicle, officers located packages containing 598 grams of cocaine and 449.7 grams of actual methamphetamine. Camacho-Ortega also admitted that he was present in the United States illegally.
Evidence in support of the indictment was obtained in an investigation which was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. Participating agencies include the Drug Enforcement Administration (DEA), Internal Revenue Service, Criminal Investigations, the U.S. Immigration and Customs Enforcement Office of Homeland Security Investigations (ICE HSI), the Granite City Police Department, and the Fairview Heights Police Department. This case was assigned to Assistant United States Attorney Randy G. Massey for prosecution.
Florida Physician to Pay $26.1 Million to Resolve False Claims AllegationsRead the Press Release
Steven J. Wasserman, M.D., a dermatologist practicing in Venice, Fla., has agreed to pay $26.1 million to resolve allegations that he violated the False Claims Act by accepting illegal kickbacks from a pathology laboratory and by billing the Medicare program for medically unnecessary services, the Justice Department announced today. The settlement is the largest ever with an individual under the False Claims Act in the Middle District of Florida and one of the largest with an individual under the False Claims Act in U.S. history.
The government alleged that, in or around 1997, Dr. Wasserman entered into an illegal kickback arrangement with Tampa Pathology Laboratory (TPL), a clinical laboratory in Tampa, Fla., and Dr. José SuarezHoyos, a pathologist and the owner of TPL, in an effort to increase the lab’s referral business. Under that agreement, Dr. Wasserman allegedly sent biopsy specimens for Medicare beneficiaries to TPL for testing and diagnosis. In return, TPL allegedly provided Dr. Wasserman a diagnosis on a pathology report that included a signature line for Dr. Wasserman to make it appear to Medicare that he had performed the diagnostic work that TPL had performed. The government alleged that Dr. Wasserman then billed the Medicare program for TPL’s work, passing it off as his own, for which he received more than $6 million in Medicare payments. In addition, the government asserted that, in furtherance of his agreement with TPL, Dr. Wasserman substantially increased the number of skin biopsies he performed on Medicare patients, thus increasing the referral business for TPL.
The government further alleged that, in addition to his involvement in the alleged kickback scheme, Dr. Wasserman also performed thousands of unnecessary skin surgeries known as adjacent tissue transfers on Medicare beneficiaries. Adjacent tissue transfers are complicated and often time-consuming procedures physicians sometimes use to close a defect resulting from the removal of a growth on a patient’s skin. The government
alleged that Dr. Wasserman performed many of these procedures in order to obtain the reimbursement for them, and not because they were medically necessary.
“Doctors who take illegal kickbacks and perform unnecessary procedures not only put their own financial self-interest over their duty to their patients, they raise the cost of health care for all of us as patients and as taxpayers,” said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Civil Division of the Department of Justice. “The Department of Justice will not tolerate those who abuse the public health care programs to which we all contribute and on which we all depend.”
“This settlement represents a watershed achievement in our district’s civil healthcare fraud enforcement program,” said Robert O’Neill, U.S. Attorney for the Middle District of Florida. “Schemes of this magnitude require extraordinary remedies, and we are proud to have reached such an outstanding resolution for the taxpayers and their health programs.”
The allegations resolved by today’s settlement were initiated by a lawsuit originally filed in the District Court for the Middle District of Florida by Alan Freedman, M.D., a pathologist who formerly worked at TPL. Dr. Freedman filed the lawsuit under the qui tam, or whistleblower provisions of the False Claims Act. Under the False Claims Act, a private party may file suit on behalf of the United States for false claims and share in any recovery. The United States has the right to intervene in the action, which it did in this case, filing its own complaint in October 2010. Dr. Freedman will receive $4,046,000 of today’s settlement.
The United States previously settled with TPL and Dr. SuarezHoyos for $950,000 to resolve the allegations asserted against them in the same lawsuit.
“Anyone cheating patients and taxpayers should expect to pay a high price,” said Daniel R. Levinson, Inspector General of the U.S. Department of Health and Human Services. “Besides paying more than $26 million, Dr. Wasserman is excluded from treating patients and being paid under Medicare, Medicaid and all other federal health care programs.”
This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover more than $10.2 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $14 billion.
Principal Deputy Assistant Attorney General Delery and U.S. Attorney O’Neill thanked the joint investigation team, which includes special agents with the Department of Health and Human Services-OIG and the FBI, for their efforts in the investigation of this matter.
The claims settled by this agreement are allegations only; there has been no determination of liability.
The lawsuit is captioned U.S. ex rel. Freedman v. SuarezHoyos et al., No. 04-933 (M.D. Fla.).
Federal Drug Charges Filed Against Seven Individuals for Growing Marijuana in Las Vegas-Area HomesRead the Press Release
LAS VEGAS, Nev. – Federal felony drug charges have been filed against six men and one woman for growing marijuana in homes in Henderson and Las Vegas, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
Bruce Rogat, 64, Daniel Pinsonault, 57, Mark Pinsonault, 49, Ezekiel Parraz, 30, and Eli Pinsonault, 81, all of Henderson, Nev., and Jeremy Greene-Lewis, 31, and Candice Blackwell, 29, of Las Vegas, were indicted on Feb. 5, 2013, and charged with conspiracy to manufacture marijuana. The defendants are also charged variously with other drug crimes, including maintaining drug-involved premises, manufacture of a controlled substance, and possession of a controlled substance with intent to distribute, including marijuana, THC, and psilocybin.
All of the defendants, except Rogat, were arrested in Las Vegas last Thursday evening, Feb. 7, and made initial appearances before a federal magistrate judge on Friday, Feb. 8, and were released pending trial, currently set for April 9, 2013. Rogat was summoned, and is scheduled for an initial appearance and arraignment on Feb. 28, 2013, at 3:00 p.m.
According to the indictment, beginning on about Aug. 25, 2011, and continuing to Nov. 30, 2012, the defendants conspired to manufacture at least 100 marijuana plants. Three homes are alleged to have been used as marijuana grow houses - 815 Sun Bridge Lane, in Henderson; 7330 Flintstone Street in Las Vegas, and 325 New Hope Drive, in Henderson. The total number of marijuana plants involved is not specified in the indictment, other than it is over 100. The total amount of marijuana that was possessed for the purpose of distribution is alleged to be over 20 kilograms.
If convicted, the defendants face five to 40 years in prison and a fine of up to $5 million.
This case is being investigated by the DEA, the Las Vegas Metropolitan Police Department, and the Henderson Police Department, and prosecuted by Assistant U.S. Attorney Kimberly M. Frayn.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Elizabeth Medicine Top Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 6, 2013, before Chief U.S. District Judge Richard F. Cebull, ELIZABETH MEDICINE TOP, a 47-year-old resident of Lame Deer, appeared for sentencing. MEDICINE TOP was sentenced to a term of:
Probation: 3 years
Special Assessment: $100
Restitution: $5,144
MEDICINE TOP was sentenced in connection with her guilty plea to theft of government money.
In an Offer of Proof filed by Assistant U.S. Attorney Chad C. Spraker, the government stated it would have proved at trial the following:
On November 15, 2007, at the Social Security Administration office in Billings, MEDICINE TOP applied for Old Age, Survivor, and Disability Insurance (OASDI) auxiliary benefits for two of her children, JTF and CMT. MEDICINE TOP also applied to be a representative payee for JTF and CMT. MEDICINE TOP represented on the applications that both JTF and CMT lived with her.
In truth MEDICINE TOP had not lived with either JTF or CMT since June 2007, when MEDICINE TOP left the two children with her oldest daughter, JL, in Utah. JTF and CMT continued to live with JL and other family members until February 2008, when MEDICINE TOP retrieved JTF and CMT and moved them to MEDICINE TOP's home in Montana.
MEDICINE TOP lived with JTF and CMT until January 17, 2009, when the children went to live with MEDICINE TOP's nephew, JFH. JTF and CMT continued to live with JFH and his wife until at least May 2009.
On January 11, 2011, MEDICINE TOP was interviewed and acknowledged that she applied for OASDI benefits for JTF and CMT. MEDICINE TOP acknowledged that she knew she should have reported that JTF and CMT were not in her custody from October 2007 to January 2008, as she was receiving their benefits while the two girls were not in her care and custody. MEDICINE TOP also admitted that in January 2009, that JTF and CMT went to live with JFH, but MEDICINE TOP nevertheless continued to collect benefits on the children's behalf.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
District Man Sentenced to Four Years in Prison for Robbery at Check Cashing Store-With Help from Witnesses, Police Made Quick Arrest-Read the Press Release
WASHINGTON – Michael Mitchell, 41, of Washington, D.C., was sentenced today to a four-year prison term after earlier pleading guilty to robbing a check cashing store in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Mitchell pled guilty to a robbery charge in December 2012 in the Superior Court of the District of Columbia. He previously was convicted of multiple violent and theft-related offenses dating to the 1990s. He was sentenced by the Honorable Lynn Leibovitz. Following his prison term, Mitchell will be placed on three years of supervised release.
According to the government’s evidence, Mitchell entered a check cashing store at Georgia and New Hampshire Avenues NW at about 9:35 a.m. on Oct. 6, 2012. At the time, six other customers waited in line, including the victim. After entering the store, he approached the victim, an immigrant to the United States who worked two jobs as a nursing assistant and was in the store to send money home to her family in Uganda. Mitchell then grabbed the victim's purse and an envelope containing money for her family.
The victim fought back and Mitchell ripped the items from her hands and ran out of the store. Multiple eyewitnesses came to the victim’s aid and helped her chase after her attacker, keeping him in sight. Members of the Metropolitan Police Department (MPD) were called and caught Mitchell fleeing in the 3500 block of New Hampshire Avenue NW.
In announcing the sentence, U.S. Attorney Machen commended the work of the MPD officers and detectives who investigated the case, as well as the citizens who came forward to assist the victim. He also thanked Paralegal Assistant Todd McClelland and Intelligence Specialist Sharon Johnson for their work on this case. Finally, he acknowledged the efforts of Assistant U.S. Attorney Phil Selden, from the Superior Court Felony Major Crimes Section, who prosecuted the case.
13-048Dickinson County Woman Sentenced for Embezzling from Credit UnionRead the Press Release
TOPEKA, KAN. – A Dickinson County women has been sentenced to 36 months in federal prison for embezzling from a credit union where she worked, U.S. Attorney Barry Grissom said today. She also was ordered to pay $817,000 in restitution.
Pamela Emig, 48, Solomon, Kan., pleaded guilty to one count of embezzlement. In her plea, she admitted that from 2005 to 2011 she embezzled $817,000 while she was working for Enterprise Credit at 201 Factory in Enterprise, Kan.
Emig admitted she kited checks between accounts under her control at the credit union to cover up embezzlements and increasingly larger shortages. She would make a large deposit toward the end of the month and include the deposit in the general ledger, but the actual deposit would not be sent to the corporate checking account until the middle of the next month. At that time another larger check would be drafted out of another account at the credit union.
Grissom commended the FBI, Assistant U.S. Attorney Richard Hathaway and Assistant U.S. Attorney Christine Kenney for their work on the case.
Detroit Man Pleads Guilty to Illegal Oxycodone DistributionRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Detroit man pleaded guilty in federal court to distribution of a quantity oxycodone. Robert Louis Smith, 40, admitted that on March 12, 2010, he met a confidential informant at a predetermined location, entered the informant’s vehicle and distributed 229 80-milligram oxycodone tablets and 257 40-milligram oxycodone tablets. Following the controlled drug transaction, the defendant returned to his vehicle with a paper bag containing prerecorded buy money that was provided by the informant. A short time later, Smith’s vehicle was stopped by Huntington Police Department officers. Police arrested Smith and the prerecorded buy money was recovered from the passenger side rear floorboard of the defendant’s vehicle.
Smith faces up to 20 years in prison and a $1 million fine when he is sentenced on May 13, 2013 by United States District Chief Judge Robert C. Chambers.
The Drug Enforcement Administration and the Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Departments of Justice and Health and Human Services Announce Record-Breaking Recoveries Resulting from Joint Efforts to Combat Health Care FraudRead the Press Release
Attorney General Eric Holder and Health and Human Services (HHS) Secretary Kathleen Sebelius today released a new report showing that for every dollar spent on health care-related fraud and abuse investigations in the last three years, the government recovered $7.90. This is the highest three-year average return on investment in the 16-year history of the Health Care Fraud and Abuse (HCFAC) Program.
The government’s health care fraud prevention and enforcement efforts recovered a record $4.2 billion in taxpayer dollars in Fiscal Year (FY) 2012, up from nearly $4.1 billion in FY 2011, from individuals and companies who attempted to defraud federal health programs serving seniors and taxpayers or who sought payments to which they were not entitled. Over the last four years, the administration’s enforcement efforts have recovered $14.9 billion, up from $6.7 billion over the prior four-year period. Since 1997, the HCFAC Program has returned more than $23 billion to the Medicare Trust Funds.
These findings, released today in the annual HCFAC Program report, are a result of President Obama making the elimination of fraud, waste and abuse, particularly in health care, a top priority for the administration.
The success of this joint Department of Justice and HHS effort was made possible by the Health Care Fraud Prevention and Enforcement Action Team (HEAT), created in 2009 to prevent fraud, waste and abuse in the Medicare and Medicaid programs and to crack down on individuals and entities that are abusing the system and costing American taxpayers billions of dollars. These efforts to reduce fraud will continue to improve with new tools and resources provided by the Affordable Care Act.
“This was a record-breaking year for the Departments of Justice and Health and Human Services in our collaborative effort to crack down on health care fraud and protect valuable taxpayer dollars,” said Attorney General Holder. “In the past fiscal year, our relentless pursuit of health care fraud resulted in the disruption of an array of sophisticated fraud schemes and the recovery of more taxpayer dollars than ever before. This report demonstrates our serious commitment to prosecuting health care fraud and safeguarding our world-class health care programs from abuse.”
“Our historic effort to take on the criminals who steal from Medicare and Medicaid is paying off: We are gaining the upper hand in our fight against health care fraud,” said Secretary Sebelius. “This fight against fraud strengthens the integrity of our health care programs and helps us fulfill our commitment to our seniors.”
About $4.2 billion stolen or otherwise improperly obtained from federal health care programs was recovered and returned to the Medicare Trust Funds, the Treasury and others in FY 2012. This is an unprecedented achievement for the HCFAC Program, a joint Justice Department and HHS effort to coordinate federal, state and local law enforcement activities to fight health care fraud and abuse.
The administration is also using tools authorized by the Affordable Care Act to fight fraud, including enhanced screenings and enrollment requirements, increased data sharing across the government, expanded recovery efforts for overpayments and greater oversight of private insurance abuses.
Since 2009, the Justice Department and HHS have improved their coordination through HEAT and increased the number of Medicare Fraud Strike Force teams to nine. The Justice Department’s enforcement of the civil False Claims Act and the Federal Food, Drug and Cosmetic Act have produced similar record-breaking results. These combined efforts coordinated under HEAT have expanded local partnerships and helped educate Medicare beneficiaries about how to protect themselves against fraud. In FY 2012, the two departments continued their series of regional fraud prevention summits, and the Justice Department hosted a training conference for federal prosecutors, FBI agents, HHS Office of Inspector General agents and others.
The strike force teams use advanced data analysis techniques to identify high-billing levels in health care fraud hot spots so that interagency teams can target emerging or migrating schemes as well as with chronic fraud by criminals masquerading as health care providers or suppliers. In July, Attorney General Holder and Secretary Sebelius announced the launch of a ground-breaking partnership among the federal government, state officials, leading private health insurance organizations and other health care anti-fraud groups to share information and best practices to improve detection of and prevent payments to scams that cut across public and private payers.
In FY 2012, the Justice Department opened 1,131 new criminal health care fraud investigations involving 2,148 potential defendants, and a total of 826 defendants were convicted of health care fraud-related crimes during the year. The department also opened 885 new civil investigations.
The strike force coordinated a takedown in May 2012 that involved the highest number of false Medicare billings in the history of the strike force program. The takedown involved 107 individuals, including doctors and nurses, in seven cities, who were charged for their alleged participation in Medicare fraud schemes, involving about $452 million in false billings. As a part of the May 2012 takedown, HHS also suspended or took other administrative action against 52 providers using authority under the health care law to suspend payments until an investigation is complete.
Strike force operations in the nine cities where teams are based resulted in 117 indictments, informations and complaints involving charges against 278 defendants who allegedly billed Medicare more than $1.5 billion in fraudulent schemes. In FY 2012, 251 guilty pleas and 13 jury trials were litigated, with guilty verdicts against 29 defendants, in strike force cases. The average prison sentence in these cases was more than 48 months.
The new authorities under the Affordable Care Act granted to HHS and the Centers for Medicare & Medicaid Services (CMS) were instrumental in clamping down on fraudulent activity in health care. In FY 2012, CMS began the process of screening all 1.5 million Medicare-enrolled providers through the new Automated Provider Screening system that quickly identifies ineligible and potentially fraudulent providers and suppliers prior to enrollment or revalidation to verify the data. As a result, nearly 150,000 ineligible providers have already been eliminated from Medicare’s billing system.
CMS also established the Command Center to improve health care-related fraud detection and investigation, drive innovation and help reduce fraud and improper payments in Medicare and Medicaid.
From May 2011 through the end of 2012, more than 400,000 providers were subject to the new screening requirements and nearly 150,000 lost the ability to bill the Medicare program due to the Affordable Care Act requirements and other proactive initiatives.
The Department of Justice and HHS also continued their successes in civil health care fraud enforcement during FY 2012. The Justice Department’s Civil Division Fraud Section, with their colleagues in U.S. Attorneys’ offices throughout the country, obtained settlements and judgments of more than $3 billion in FY 2012 under the False Claims Act (FCA). These matters included unlawful pricing by pharmaceutical manufacturers, illegal marketing of medical devices and pharmaceutical products for uses not approved by the Food and Drug Administration, Medicare fraud by hospitals and other institutional providers, and violations of laws against self-referrals and kickbacks. This marked the third year in a row that more than $2 billion has been recovered in FCA health care matters. Additionally, the Civil Division’s Consumer Protection Branch, working with U.S. Attorneys’ offices, obtained nearly $1.5 billion in fines and forfeitures, and obtained 14 convictions in matters pursued under the Federal Food, Drug and Cosmetic Act.
For more information on the joint DOJ-HHS Strike Force activities, visit: www.StopMedicareFraud.gov.
For more information on the fraud prevention accomplishments under the Affordable Care Act visit: http://www.healthcare.gov/news/factsheets/2012/02/medicare-fraud02142012a.html.
Related Material:
- FY 2012 HCFAC Report
Corey Moore Convicted on Federal Drug and Gun ChargesRead the Press Release
Greenbelt, Maryland - U.S. District Judge Alexander Williams, Jr. convicted Corey Moore, age 37, of Takoma Park, Maryland, today after a one week bench trial, of possession with intent to distribute controlled substances, specifically cocaine and phencyclidine (PCP); possession of firearms in furtherance of a drug trafficking crime; and being a felon in possession of guns and ammunition.
The conviction was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief Alan Goldberg of the Takoma Park Police Department; Chief J. Thomas Manger of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.
“Corey Moore will no longer sell drugs and foment violence on the streets of Maryland and D.C.,” said U.S. Attorney Rod J. Rosenstein.
According to evidence presented at trial, on September 25, 2010, Moore possessed with intent to distribute powder cocaine, which was recovered by Takoma Park police after a chase. In addition, on September 27, 2010, police executed a search warrant at Moore’s residence and seized one kilogram or more of PCP, which Moore intended to distribute, as well as a .44 caliber, semi-automatic pistol, a.38 caliber revolver, and six rounds of .38 caliber ammunition. Trial testimony showed that Moore possessed the guns to further his drug trafficking and that Moore was prohibited from possessing the guns and ammunition due to a previous felony conviction.
Moore faces a maximum sentence of 20 years in prison for possession with intent to distribute cocaine; a minimum of 10 years and a maximum of life in prison for possession with intent to distribute one kilogram or more of PCP; five years in prison, consecutive to any other sentence imposed, for possession of a firearm in furtherance of a drug trafficking crime; and a maximum of 10 years in prison for being a felon in possession of guns and ammunition. Moore remains detained pending his sentencing, which has been scheduled for May 30, 2013.
United States Attorney Rod J. Rosenstein praised ATF, the Takoma Park Police Department, Montgomery County Police Department and the Montgomery County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Jonathan Lenzner, Steven E. Swaney, and Mara Zusman Greenberg, who are prosecuting the case and Assistant U.S. Attorney Jonathan Biran, who assisted with the prosecution.
Coast Guard Petty Officer Convicted of Stealing Government PropertyRead the Press Release
HOUSTON – Brandon Lee Scott, U.S. Coast Guard Petty Officer Second Class, of Dickinson, has entered a plea of guilty to theft of government property, United States Attorney Kenneth Magidson announced today.
At the hearing, Scott, 28, acknowledged the United States could prove he utilized a government issued credit card to buy nearly $3000 worth of electronics for his personal benefit. On June 30, 2011, Scott admitted he used a J.P. Morgan Chase purchase card to buy a 55-inch Samsung High Definition television set and two 10-inch Android WiFi gTablets having a total value of $2,659.97.
U.S. District Judge Vanessa D. Gilmore, who accepted the guilty plea, has set sentencing for April 29, 2013, at which time faces up to 10 years in federal prison and a possible $250,000 fine. Scott was permitted to remain on bond pending that hearing.The charge against Scott resulting in today’s guilty plea was the result of an investigation conducted by the U.S. Coast Guard Investigative Service and the Department of Homeland Security-Office of Inspector General. Assistant United States Attorney Daniel C. Rodriguez is prosecuting the case.
Charlotte Jury Convicts Woman in $650,000 Medicaid Fraud SchemeRead the Press Release
Ninety Percent of the Defendant’s Claims for Mental and Behavioral Health Services Were Fraudulent
CHARLOTTE, N.C. – A federal jury sitting in Charlotte convicted a Charlotte woman late Friday, February 8, 2013 of defrauding Medicaid of at least $650,000, obstructing an official proceeding and making false statements in connection with a health care matter, announced Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Tompkins is joined in making today’s announcement by Attorney General Roy Cooper, who oversees the North Carolina Medicaid Investigations Division (MID), and Derrick Jackson, Special Agent in Charge, Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Office of Investigations, Atlanta Region.
Charlotte Elizabeth Garnes, 37, of Charlotte was convicted following a weeklong trial before U.S. District Court Judge Frank D. Whitney. According to evidence presented at trial, Garnes was a Licensed Professional Counselor and was approved by Medicaid to provide mental and behavioral health services to qualified individuals. The Government’s evidence showed that Garnes claimed to have personally provided mental health services to Medicaid recipients when in fact she did not. Instead, as evidence established, the defendant conspired with others – who were not licensed and not approved by Medicaid – to permit those unqualified individuals to submit claims to Medicaid under the Defendant’s provider number for therapy services purportedly provided by those individuals. In reality, most of the services were never provided.
According to evidence presented at trial, Garnes agreed with Teresa Marible, Michele Jackson (a/k/a Sylvia Jackson) and others to falsely put Garnes’ name and Medicaid provider number on claims for therapy services supposedly provided by the co-conspirators. The Government established that after Medicaid paid Garnes for these false claims, Garnes kept 30% of the fraud proceeds and distributed the remainder to her co-conspirators. From March 2009 to April 2011, Medicaid paid the Defendant and her company, Charlotte’s Insight, Inc., approximately $740,349 and approximately 90% of that amount ($666,062) was based upon false claims for services that Garnes did not provide.
During trial, the Government established that many of the claimed services were never provided at all. Numerous Medicaid recipients or their parents testified at trial that they or their children never received the therapy services that Garnes claimed to have provided. For many of the claimed dates of services Garnes was not in North Carolina or in the country. In fact, the defendant billed Medicaid for therapy services she claimed to have provided while she was in Germany working on a government contract, all according to trial evidence. The evidence also established that Garnes routinely billed for more than 24 hours of therapy services in a single day, including allegedly providing 69 hours of individual therapy services in a single day in December 2009.
Trial evidence demonstrated that the Defendant purchased a Mercedes vehicle and plastic surgery with the fraud proceeds.
Garnes, who was convicted on all twelve counts charged in the indictment, has been released on bond. She faces a statutory maximum sentence of 10 years in prison and a $250,000 fine for count one. Count two carries a statutory maximum sentence of 20 years in prison and a $250,000 fine. Counts three through twelve carry a statutory maximum sentence of five years in prison and a $250,000 fine. A sentencing date for Garnes has not been set yet.
Teresa Marible was sentenced in June 2012 to serve 36 month in prison for her role in the scheme, and was ordered to pay $1,135,662 in restitution. Michele Jackson was sentenced in March 2012 to 15 months in prison and was ordered to pay $292,282 in restitution.
The investigation was handled by HHS-OIG and MID. The prosecution of the case is handled by Assistant U.S. Attorneys Kelli Ferry and Jenny Grus Sugar of the U.S. Attorney’s Charlotte Office.
The investigation and charges are the work of the Western District’s joint Health Care Fraud Task Force. The Task Force is multi-agency team of experienced federal and state investigators, working in conjunction with criminal and civil Assistant United States Attorneys, dedicated to identifying and prosecuting those who defraud the health care system, and reducing the potential for health care fraud in the future. The Task Force focuses on the coordination of cases, information sharing, identification of trends in health care fraud throughout the region, staffing of all whistle blower complaints, and the creation of investigative teams so that individual agencies may focus their unique areas of expertise on investigations. The Task Force builds upon existing partnerships between the agencies and its work reflects a heightened effort to reduce fraud and recover taxpayer dollars.
If you suspect Medicare or Medicaid fraud please report it by phone at 1-800-447- 8477 (1-800-HHS-TIPS), or E-Mail at [email protected]. To report Medicaid fraud in North Carolina, call the North Carolina Medicaid Investigations Division at 919-881-2320.
Canadian Drug Dealer Pleads Guilty to Drug Trafficking and Money LaunderingRead the Press Release
Dung Ngoc Nguyen, 53, of Mississauga, Ontario, Canada, pleaded guilty today to drug trafficking and money laundering charges before the Honorable Lawrence F. Stengel. Sentencing is scheduled for May 8, 2013.
During the summer of 2006, special agents with the Department of Homeland Security were investigating two Philadelphia-based drug traffickers, John Q. Le and his then-girlfriend, Hanh Duong. Le was one of the largest drug dealers on the east coast with a network of customers stretching from New Jersey to Florida. Le imported large quantities of marijuana from various drug trafficking organizations in Canada. Nguyen worked for one of these Canadian organizations as a broker. Nguyen took drug purchase orders from Le and Duong, made arrangements for the marijuana to be smuggled into the United States, and made arrangements for the drug proceeds to be smuggled back to Canada. During the duration of the conspiracy, Nguyen admitted that she arranged to smuggle between 700 and 1,000 kilograms of marijuana into the United States. The drugs were usually delivered, via courier, directly to Le's house in West Chester, PA.
The case was investigated by Immigration and Customs Enforcement Homeland Security Investigations and was prosecuted by Assistant United States Attorneys David E. Fritchey and Robert J. Livermore.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525Broward County Man Charged with Possession with Intent to Distribute MarijuanaRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations (ICE-HSI), announced that Broward County resident Jaime Sotomayor Vega, 35, of Hollywood, was charged on Friday, February 8, 2013 with possession with intent to distribute a controlled substance, in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(B)(vii). If convicted, Vega faces a mandatory maximum term of incarceration of 5 years and a maximum term of incarceration of up to 40 years imprisonment.
According to the criminal complaint and information presented in Court, on February 7, 2013, while on patrol of the Intracoastal Waterway in Palm Beach County, a Town of Palm Beach law enforcement officer observed and approached the vessel operated by Vega. Vega advised he was fishing but had engine trouble and that he was just waiting for his friends to arrive with the vessel trailer. Due to this and other unusual circumstances, the officer became suspicious and called the Department of Homeland Security Investigations for assistance. While conducting further investigation, it was determined that the vessel was stolen.
A dog from the Palm Beach County Sheriff’s Office K-9 Unit was summoned to the scene and alerted to the presence of narcotics in the forward area of the vessel. Further investigation revealed several packages in various shapes, sizes, and colored wrappings were marijuana. The vessel contained approximately 96 packages of marijuana, weighing an estimated 667.85 pounds.
Mr. Ferrer commended the investigative efforts of ICE-HSI, the Town of Palm Beach Police Department, the Palm Beach County Sheriff’s Office, and U.S. Customs and Border Protection Marine Interdiction Agents. The case was prosecuted by Assistant U.S. Attorney Lothrop Morris.
A complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Bonney Lake Resident Sentenced to Prison for $700,000+ Embezzlement from Hotel GroupRead the Press Release
The former controller of a hotel group based in Tacoma, Washington was sentenced today to 24 months in prison and three years of supervised release for six counts of wire fraud, announced U.S. Attorney Jenny A. Durkan. From 2007 to 2011, HUGO LINGAT CAINGAT, JR., 59, of Bonney Lake, Washington, was employed as a controller at Aspen Lodging Group, LLC (ALG). The company owns several hotels in the United States including Hotel Murano in Tacoma. From March 2010 to December 2011, CAINGAT diverted more than $700,000 in income from the hotel group into a dormant bank account. Them he used that account to pay his bills, including significant gambling bills. At sentencing U.S. District Judge Benjamin H. Settle said, “the defendant was a man of skill and aptitude who gained the trust of his employer and then abused it.”
According to records filed in the case, CAINGAT forged documents and signatures to execute his scheme. He created duplicate invoices for inter-company payments totaling nearly $600,000, and eventually routed these payments into the dormant account. From the dormant accounts the money went to pay his credit card bills. CAINGAT was fired by the hotel group in December 2011 when the theft was discovered. The case was ultimately referred to the FBI. When agents interviewed CAINGAT at his home in May 2012, he indicated he wished to provide information on the scheme. Instead, CAINGAT purchased a one way ticket to the Philippines. CAINGAT was indicted by the grand jury in July 2012, and the process of extraditing CAINGAT from the Philippines had begun when he voluntarily returned to Washington State. CAINGAT pleaded guilty in October 2012.
In asking for a sentence of nearly three years, prosecutors noted that the scheme was sophisticated and lasted nearly two years. “The defendant committed his embezzlement through multiple sub-schemes, which involved pre-configuring of a dormant account to pay his bills, transferring funds through multiple accounts, creating false inter-company payments, and forging another employee’s signature,” prosecutors wrote in their sentencing memo.
CAINGAT was ordered to pay $750,550 in restitution. That amount includes $50,000 the company spent investigating the embezzlement.
The case was investigated by the FBI. The case was prosecuted by Assistant United States Attorney Matthew Diggs.
Baltimore Man Exiled to over 11 Years in Prison for the Armed Robbery of Jewelry Store in Columbia MallRead the Press Release
Baltimore, Maryland - U.S. District Judge Catherine C. Blake sentenced Reginald D. Dargan, Jr., age 21, of Baltimore, Maryland, today to 135 months in prison followed by five years of supervised release for the March 30, 2011 armed robbery of a jewelry store in the Columbia Mall. Judge Blake also ordered Dargan to pay restitution of $33,255.
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; Baltimore City State’s Attorney Gregg L. Bernstein; and Commissioner Anthony W. Batts of the Baltimore Police Department; and Howard County Police Chief William McMahon; and Howard County State’s Attorney Dario Broccolino.
“This is the kind of cooperative effort that results in positive outcomes,” said Howard County Police Chief William McMahon. “The case is a great example of how a collaborative team can take a potentially dangerous criminal off the streets. We appreciate the efforts of all our partners.”
According to the testimony at Dargan’s three day trial, on March 30, 2011, Dargan and two co-defendants, Deontaye Harvey and Aaron Pratt drove to Columbia Mall to commit the armed robbery. Dargan was armed with a knife and Harvey and Pratt were each armed with a gun. They entered a jewelry store in the Mall and brandishing their weapons demanded that store employees open the display cases. One employee tried to run out into the Mall to get help, but Dargan and Harvey went after him and brought him back into the store at gunpoint, while Pratt stayed in the store with the other employees. Dargan then had a store employee empty the men’s watch display into a bag that Dargan was carrying and the three robbers left the Mall.
Dargan and his co-defendants stole 35 men’s Rolex watches valued at approximately $275,475.
Pratt and Harvey, both age 22, of Baltimore, previously pleaded guilty to their roles in the scheme and were sentenced to 87 months and 162 months in prison, respectively.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore Police Department, Howard County Police Department and the Baltimore City and Howard County State’s Attorney’s Offices for their work in this investigation. Mr. Rosenstein thanked Assistant United States Attorneys Benjamin M. Block, John W. Sippel, and A. David Copperthite, who prosecuted the case.
Baltimore Immigration Judge Participates in Naturalization CeremonyRead the Press Release
BALTIMORE --Immigration Judge Lisa Dornell from the Executive Office for Immigration Review, Baltimore Immigration Court, delivered the keynote speech and administered the oath of allegiance to approximately 75 candidates during a naturalization ceremony at the George H. Fallon Federal Building in Baltimore, Md., on Feb. 8, 2012. The Baltimore District Office of U.S. Citizenship and Immigration Services, Department of Homeland Security, hosted the ceremony.
Biographical Information
Attorney General Janet Reno appointed Judge Dornell in April 1995. Judge Dornell received a bachelor of arts degree in 1983 from the University of Vermont and a juris doctorate in 1986 from the University of Texas at Austin School of Law. From 1990 to 1995, Judge Dornell served as senior litigation counsel, Office of Immigration Litigation, Civil Division, Department of Justice. From 1986 to 1990, she served as a trial attorney for the former Immigration and Naturalization Service (INS), New York district office, and as an assistant general counsel, INS Headquarters, Washington, D.C. Judge Dornell lectures on immigration topics and court procedure at several local law schools. She is a member of the District of Columbia and State of Texas Bars.
- EOIR -
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR’s Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.
Executive Office for Immigration ReviewAlbuquerque Woman Sentenced to Six Years in Prison for Drug Trafficking Offense Involving Less Than a Gram of MethamphetamineRead the Press Release
Defendant's Sentence Enchanced Based on Career Offender StatusALBUQUERQUE – Earlier today, Christine Cardona, 35, of Albuquerque, N.M., was sentenced to 72 months in federal prison followed by three years of supervised release for her methamphetamine trafficking conviction. Cardona’s crime of conviction involved possession of 0.73 grams of methamphetamine with intent to distribute. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Cardona and her co-defendant Maurice Andrew, 39, also of Albuquerque, were arrested on Nov. 4, 2011. Both have been in custody since that time. On Dec. 1, 2011, Cardona and Andrew were charged in a five-count indictment. Cardona and Andrew were charged with conspiracy and possession of methamphetamine with intent to distribute. Andrew alone also was charged with two counts of being a felon in possession of a firearm and carrying a firearm in connection with a drug trafficking offense.
Cardona was arrested on Nov. 4, 2011, by officers of the Albuquerque Police Department based on a state arrest warrant after they observed her leaving a motel room in Albuquerque. At the time of her arrest, Cardona was in possession of two small baggies later analyzed and found to contain methamphetamine. After she was arrested, Cardona admitted that Andrew and she were trafficking methamphetamine. Officers found $1030.00 in small denominations when they patted down Andrews following his arrest. When officers executed search warrants on Andrews’ vehicle and the motel room rented by Cardona, they seized a small amount of methamphetamine, drug paraphernalia including a digital scale and a firearm that Andrew admitted owning.
On May 3, 2012, Andrew pled guilty to a drug trafficking conspiracy and being a felon in possession of a firearm. Andrew was prohibited from possessing firearms and ammunition because he previously was convicted of a drug trafficking offense. Andrew was sentenced to 37 months in prison on Aug. 27, 2012.
Cardona entered a guilty plea to possession of methamphetamine with intent to distribute on July 13, 2012. Although Cardona would otherwise have faced a sentence of 18 to 24 months based on the amount of drugs involved and her criminal history, her sentence was enhanced based on her status as a career offender. Court records reflect that Cardona was classified as a career offender based on five prior criminal convictions: (1) concealing her identity and failure to appear in 2000; (2) importation of marijuana in 2001; (3) receiving or transferring a stole motor vehicle in 2004; (4) concealing a person from arrest in 2006; and (5) aggravated fleeing from law enforcement in 2006. Based on those five prior convictions, Cardona had served slightly more than 27 months in prison.
This case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and William J. Pflugrath.
Sunday 10 February 2013
Former Charter School Head Sentenced for FraudRead the Press Release
PHILADELPHIA - Masai Skief, 32, of Philadelphia, PA, was sentenced today to 36 months in prison for abusing his leadership positions at a Philadelphia charter school in order to enrich himself. Skief pleaded guilty to two counts of wire fraud in August 2013. He was the chief executive officer of Harambee Institute of Science and Technology Charter School (“Harambee Charter School”) and the president and chief administrative officer of a related non-profit organization, Harambee Institute, Inc. (“Harambee Institute”). In addition to the prison term, U.S. District Court Judge Paul S. Diamond ordered Skief to pay restitution in the amount of $88,000, a $200 special assessment, and ordered three years of supervised release, during which time Skief is not permitted to work in an administrative capacity at any school or in any capacity at Harambee Institute and Charter School.
Harambee Charter School, a non-profit corporation, was established to educate children from kindergarten to eighth grade. Harambee Institute was a separate non-profit established to provide students with educational services and vocational training. For its students, Harambee Charter School created a scholarship fund intended to benefit those who intended to attend a “historically black institution of higher education in the United States.”
Skief engaged in a scheme to improperly obtain the funds of both the scholarship fund and Harambee Institute. First, Skief improperly withdrew $9,000 from the scholarship fund in order to purchase a house for himself in Philadelphia. Then, through his control of the bank accounts of Harambee Institute, Skief converted for his own personal use approximately $79,000 from Harambee Institute. He did this primarily through a series of improper cash withdrawals from the bank accounts of Harambee Institute.
Skief also made substantial efforts to conceal his illegal activities, both during and after the fraud. In particular, he attempted to disguise a significant portion of his improper cash withdrawals from the accounts of Harambee Institute as labor costs for Harambee Institute, when there were no such labor costs associated with the improper withdrawals. Skief directed an accountant to create IRS forms to reflect this false information. Skief also directed others to lie for him to federal agents and to a federal grand jury about the use of the funds that the defendant had unlawfully converted. Finally, even after agreeing to plead guilty, Skief continued to steal from Harambee Institute, taking over $12,000 in additional funds, some of which he stole while awaiting sentencing.
“This is an example of our commitment to investigating allegations of significant fraud and abuse involving education funds – taxpayer dollars that are intended for the educational development of children,” said Steven Anderson, Special Agent in Charge of the U.S. Department of Education Office of Inspector General. “Mr. Skief knowingly and willfully abused his position of trust for personal gain and did so at the expense of the children he promised to serve. Deservedly, he will now be held accountable for cheating these children, their families, and taxpayers.”
The case was investigated by the Federal Bureau of Investigation and the United States Department of Education Office of Inspector General. It was prosecuted by First Assistant United States Attorney Louis D. Lappen and Assistant United States Attorney Joseph J. Khan.
UNITED STATES ATTORNEY'S OFFICE, EASTERN DISTRICTof PENNSYLVANIA
Suite 1250, 615 Chestnut Street, Philadelphia, PA 19106
PATTY HARTMAN, Media Contact, 215-861-8525
Friday 8 February 2013
Woodstock Doctor Sentenced on Drug Distribution ChargesRead the Press Release
Albany New York--RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, announces that Dr. WAYNE D. LONGMORE, age 63, of Woodstock, New York, was sentenced on February 7, 2013, in Albany by the Honorable Lawrence E. Kahn, United States District Court Judge, to 6 months home detention, 3 years probation, 200 hours of community service, and ordered to forfeit his New York State medical license, and his DEA license to issue narcotic drugs. In addition to these penalties Dr. Longmore was ordered to pay a $200,000 money judgment which represents proceeds of his drug trafficking activities.
Dr. Longmore previously pled guilty on October 17, 2012, to a felony Information that charged him with knowingly and intentionally distributing and dispensing and possessing with intent to distribute and dispense hydrocodone, a Schedule III controlled substance, without a legitimate medical purpose and outside the usual course of professional practice, contrary to Title 21, United States Code, Sections 841(a)(1) and (b)(1)(E) and Title 21, Code of Federal Regulations, Section 1306.04.
The Plea Agreement states that:
(1) From in or around November 3, 2011, through on or about March 21, 2012, in the Northern District of New York and elsewhere, LONGMORE did knowingly and intentionally distribute and dispense and possess with intent to distribute and dispense hydrocodone, a Schedule III controlled substance, without a legitimate medical purpose and outside the usual course of professional practice.
(2) In order to earn illicit profits from his medical practice, LONGMORE wrote and issued unlawful prescriptions to individuals for drugs containing controlled substances without a legitimate medical purpose and outside the usual course of professional practice.
(3) Longmore wrote these prescriptions in return for $60 cash payments. Longmore would write the illicit prescriptions for only a 7 day period.
(4) Contrary to accepted medical practice, LONGMORE prescribed Schedule III controlled substances to individuals at their first appointment with him and without conducting a thorough
Western Pennsylvania Law Enforcement Maximizing Enforcement Efforts to Prevent Gun Violence and Prosecute Gun CrimeRead the Press Release
PITTSBURGH, Pa. - Western Pennsylvania law enforcement will continue to vigorously enforce federal and state firearms laws that target prohibited possessors, U.S. Attorney David J. Hickton, ATF Acting Asst. Special Agent in Charge Marcus Watson and others announced at a news conference today.
"Western Pennsylvania law enforcement stands united in our determination to maximize enforcement efforts to prevent gun violence and prosecute gun crime," said U.S. Attorney Hickton. "It's time to shed light on those who lie to obtain firearms for criminals, and drug users who illegally possess guns, often to trade them for drugs."
"These indictments and subsequent arrests send a clear-cut message that ATF will investigate and arrest you if you purchase, transfer or possess a firearm in violation of the law," said Acting Special Agent in Charge Donald Robinson of the ATF Philadelphia Field Division. "ATF remains dedicated to fighting violent crime, targeting the worst of the worst, and taking preventive measures to deny criminals access to firearms."Under federal law, persons are prohibited from acquiring firearms if they
- have been convicted or are under indictment for a felony;
- are fugitives from justice;
- are unlawful users of or are addicted to any controlled substances;
- have been adjudicated as mental defectives or have been involuntarily committed to a mental institution;
- are illegal aliens or are aliens admitted to the U.S. under a non-immigrant visa;
- have been dishonorably discharged from the military;
- have renounced their U.S. citizenship;
- are subject to certain domestic-violence restraining orders; or
- have been convicted if a domestic violence misdemeanor.
Federal charges against seven individuals were announced at today's news conference:
- Felix Cruz, 49, formerly of Houston, Pa., was charged via indictment. On Nov. 8, 2011, Cruz possessed firearms after being convicted of a crime punishable by more than one year in prison. The law provides for a maximum total sentence of up to 10 years in prison, a fine of up to $250,000, or both.
- Linda Daugherty, 32, of Eighty Four, Pa., charged via indictment. According to the indictment, Daugherty, on Dec. 15, 2011, provided false information to a federal firearms licensee by indicating that she was the actual buyer of a particular firearm when she was actually acting on behalf of someone else. The law provides for a maximum total sentence of up to five years in prison, a fine of up to $250,000, or both.
- Jeffrey Cochenour,41, of Charleroi, Pa., charged via indictment. According to the indictment, Cochenour, on Dec. 8, 2011, provided false information to a federal firearms licensee by indicating that he was the actual buyer of a particular firearm when he was actually acting on behalf of someone else. The law provides for a maximum total sentence of up to five years in prison, a fine of up to $250,000, or both.
- Ronald DeGrange, 46, of Monongahela, Pa., charge via indictment. According to the indictment, DeGrange, on Dec. 6, 2011, provided false information to a federal firearms licensee by indicating that he was the actual buyer of a particular firearm when he was actually acting on behalf of someone else and by indicating that he was not an unlawful user of, or addicted to, a controlled substance when he knew that he was an unlawful user of, or addicted to, a controlled substance. The law provides for a maximum total sentence of up to five years in prison, a fine of up to $250,000, or both.
- Charles Warner, 26, of 230 Lombard Street, Pittsburgh, Pa., charged via indictment. According to the eight-count indictment, on or about July 19, 2009, and on or about October 9, 2009, Warner made false statements to a federal firearms licensee in connection with his purchase of two firearms. According to the indictment, on those dates, Warner also was a fugitive from justice, had pending felony drug and firearms charges, and was an unlawful user or addict of controlled substances when he possessed those firearms. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both.
- Michael Howard, 28 of Venetia, Pa., charged via indictment. According to the three-count indictment, Howard, on March 6, 2010, and again on July 29, 2010, provided false information to a federal firearms licensee. In addition, according to the indictment, from March 6, 2010, to May 16, 2012, Howard possessed firearms while using or being addicted to a controlled substance. The law provides for a maximum total sentence of up to 20 years in prison, a fine of up to $750,000, or both.
- Eric Beverly, 19, of 259 Fern Street, Pittsburgh, Pa., charged via indictment. According to the two-count indictment, from in or around June 2012, and continuing thereafter to on or about July 27, 2012, Beverly conspired with a known individual to falsify firearms transaction records in connection with the purchase of two firearms. Specifically, the individual indicated on the records that the firearms were being purchased for herself when, in truth, the firearms were being purchased for Beverly who was prohibited from purchasing and possessing firearms due to his age. Additionally, on or about July 13, 2012, Beverly aided and abetted the individual in falsifying the firearms transaction records. The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Beverly is a fugitive.
Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Craig W. Haller, Troy Rivetti, Charles Eberle and John Valkovci, Jr., are prosecuting these cases on behalf of the United States.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennsylvania State Police, the Allegheny County Sheriff's Office, the Pittsburgh Bureau of Police and others investigated these case. These cases are being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
State charges against 10 individuals were announced today, as well:
- Bradley Kompa, 32, of Bethel Park, false written statement to a FFL, specifically concerning drug use;
- Rose Mary Washington, 38, of Uniontown, Pa., false written statement to a FFL, specifically concerning the owner of the firearm;
- John Irwin Moeller, 47, of Canonsburg, Pa.,a prohibited person in possession of a firearm;
- Eric Beverly, 19, of Pittsburgh, Pa., conspiracy to straw purchase, and straw purchase.
- Dennis Steaves, Indiana County, Pa.
- Shakyl Black, 20, of Wilkinsburg, Pa., conspiracy to straw purchase;
- Andre Embry, 24, of Duquesne, Pa., conspiracy to straw purchase;
- Nicholas Vesely, 31, of Export, Pa., conspiracy to straw purchase, and straw purchase.
- Cynthia Joann Wiley, 28, of California, false statement to a FFL, specifically concerning the owner of the firearms.
- Olga Rivera, 49, of Houston, Pa., false statement to a FFL, specifically concerning drug use; straw purchase; and unlawfully transferred to a prohibited person.
Week in Review – South BendRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary L. Hatton
www.usdoj.gov/usao/inn/ Fax: (219) 852-2770
South Bend, Indiana -- The United States Attorney’s Office announced today that:
PLEA:
Jeffrey Scott, 52, of South Bend, Indiana, pled guilty before Magistrate Judge Christopher Nuechterlein to the felony offense of possession of child pornography.Magistrate Nuechterlein is recommending that the district court accept the tendered guilty plea.Parties have 10 days in which to object to the magistrate judge’s recommendation. Sentencing has been set for 5/19/13.This case resulted from an investigation by members of the Indiana Internet Crimes Against Children Task Force, including the Federal Bureau of Investigation and the Indiana State Police.This case is being prosecuted by Assistant United States Attorney John Maciejczyk.
DISPOSITIONS:
Corey Fair, 19, of South Bend, Indiana, was sentenced by District Judge Jon DeGuilio to 220 months imprisonment, restitution of $1143.00 and 3 years of supervised release after pleading guilty to the felony offenses of robbery.According to documents filed in this case, Fair admitted to robbing several South Bend business establishments: the Pizza Hut business on April 6, 2012; an Arbys business on April 9; and on April 11, 2012 an Express Cab driver, the Kitchenette business, the River Park Liquors business and another Pizza Hut business.This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Daniel Young, 52, homeless in the area of Mishawaka, Indiana, was sentenced by District Judge Robert Miller, Jr. to 360 months imprisonment and lifetime supervised release after pleading guilty to the felony offense of the production of child pornography. According to documents filed in this case, Young admitted that he had the opportunity to be alone with a 5 year old female and induced the child to engage in sexually explicit conduct with him which he recorded with a video camera. This case resulted from an investigation by members of the Indiana Internet Crimes Against Children Task Force, including the Federal Bureau of Investigation, the St. Joseph County SVU and the Mishawaka Police Department.This case was prosecuted by Assistant United States Attorney John Maciejczyk.
Jesus DeLeon, Jr., 19, of South Bend, Indiana, was sentenced by District Judge Jon DeGuilio to 6 months imprisonment and 2 years of supervised release to include 6 months of location monitoring after pleading guilty to the felony offense of distribution of marijuana.According to documents filed in this case, DeLeon , Jr. assisted Oscar Ruelas traffic in marijuana in 2012. Specifically, DeLeon, Jr. delivered marijuana to Laporte County locations for Ruelas and was paid by Ruelas for these deliveries. DeLeon, Jr. also stored marijuana at his house for Ruelas – marijuana that was to be distributed. The house was located in South Bend, Indiana. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the South Bend Police Department and the MSOS.This case was prosecuted by Assistant United States Attorney Donald Schmid.
Shawn Sanders, 44, of South Bend, Indiana, was sentenced by District Judge Robert Miller, Jr. to 60 months imprisonment and 4 years of supervised release after pleading guilty to the felony offense of possession with the intent to distribute over 500 grams of cocaine.This case was the result of an investigation by the Drug Enforcement Administration.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Week in Review – HammondRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ FAX (219) 852-2770
Hammond, Indiana - The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
Seandell Rounds, 20, of Riverdale, Illinois, a defendant in the case US v Elmore et al., pled guilty before Senior District Judge Rudy Lozano to the felony offense of robbery.These charges were filed as a result of an investigation by the Federal Bureau of Investigation and the Gary Police Department.This case is being prosecuted by Assistant United States Attorney Dean Lanter.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS:
Lance Payton, 35, of East Chicago, Indiana, was sentenced by Chief Judge Philip Simon to 100 months imprisonment and 2 years of supervised release after pleading guilty to the felony offense of possession of a firearm by a convicted felon.According to documents filed by the government in this case, a fter an altercation broke out between Lance Payton and another individual on the streets of East Chicago, Indiana, instead of leaving the scene and calling the police, Payton went across the street to his step-father’s residence and returned with a loaded, nine millimeter, semi-automatic pistol. Payton then committed numerous felony offenses with this firearm in the span of a few minutes, by pointing this loaded firearm at the other individual, then fired the gun into the air two times (committing the crime of criminal recklessness), then battered this individual with the firearm, then shot him in the shoulder and also shot out the window of this individual’s car. Payton has three prior felony convictions and five prior misdemeanor convictions. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives HIDTA Task Force.This case was prosecuted by Assistant United States Attorney Dean Lanter.
Randall Causey, 48, of Gary, Indiana, a defendant in the case US v Chandler et al., was sentenced by Senior District Judge Rudy Lozano to 108 months imprisonment and 3 years of supervised release after being found guilty at trial of the felony offenses of conspiracy to commit wire fraud and wire fraud.According to documents filed in this case, Causey engaged in a scheme to defraud and obtain money and property by means of false and fraudulent pretenses.He, along with others, recruited five buyers and talked them into purchasing a combined total of 21 houses in the scheme. Causey told the buyers the houses were good investments despite knowing that the houses were in disrepair and located in unsafe neighborhoods. He told them the houses would be rehabilitated by his company when he knew that little if any of the necessary repairs would actually be done. He told them he would find renters to occupy the houses and maintain and manage the properties thereafter, knowing he would make no effort to do so once the house had sold and the first month or two of the mortgage had been paid.The lenders were provided false information regarding the buyers’ credit-worthiness and were falsely told buyers had made down payments and taken out seller-second mortgages. As a result, in most of the home sales, the lenders unwittingly approved financing for 100% of the purchase of the homes, leaving no cushion if the housing market declined. The financial institutions to which some of the mortgages were packaged and sold by the initial lenders eventually lost their investment as well, as all of the homes sold in the scheme were eventually foreclosed upon. This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Jill Koster and Emily Cremeans.
Ikedia Smith, 26, of Hammond, Indiana, was sentenced by Chief Judge Philip Simon to 60 months imprisonment after pleading guilty to the felony offense of possession of a firearm by a convicted felon.Smith has prior convictions for attempted residential entry.This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.This case was prosecuted by Assistant United States Attorney Joshua Kolar.
Week in Review – Fort WayneRead the Press Release
FOR IMMEDIATE RELEASECONTACT: Mary Hatton
www.usdoj.gov/usao/inn/ FAX (219) 852-2770
Fort Wayne, Indiana- The United States Attorney’s Office announced the following activity:
PLEA:
Joseph Brewington, 24, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger Cosbey to the felony offense of maintaining a premises for the purpose of distributing marijuana.Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 10 days in which to object to the magistrate judge’s recommendation. These charges were filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Allen County Drug Task Force and the Allen County Sheriff’s Department.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
DISPOSITION:
Donavan Gray, 25, of Fort Wayne, Indiana, was sentenced by District Judge Theresa Springmann to time served and 2 years of supervised release after pleading guilty to the felony offense of possession with the intent to distribute marijuana.This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.This case was prosecuted by Assistant United States Attorney Anthony Geller.
Waterloo Men Sent to Federal Prison for Gun CrimesRead the Press Release
Two men who illegally possessed concealed handguns following a fight at a Waterloo liquor store will each serve time in federal prison.
Dai’Sean Battles, 21, from Waterloo, will serve almost four years’ in prison following his September 21, 2012 guilty plea to possession of a firearm as a felon. Irvin Johnson Jr., 20, also from Waterloo, was sentenced to over one year imprisonment after his September 18, 2012 guilty plea to possession of a firearm as an unlawful drug user.
According to their plea agreements and information presented at their sentencing hearings, Battles and Johnson were observed by police leaving the scene of a fight at a Waterloo liquor store on May 26, 2012. They flagged down a passing motorist for a ride and got inside the motorist’s vehicle. Battles and Johnson were each carrying concealed loaded firearms. When police initiated a traffic stop on the vehicle, Battles threw a Glock 27 .40 caliber pistol with an obliterated serial number out the window where it was recovered by police. Johnson hid a Browning Buckmark .22 caliber pistol underneath the seat in the vehicle. Battles and Johnson were each on probation at the time; Battles for his 2010 conviction for possessing cocaine with intent to deliver and Johnson for a February 2012 conviction for carrying weapons.
Battles and Johnson were each sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Battles was sentenced on January 17, 2013 to 46 months’ imprisonment. Johnson was sentenced on February 5, 2013 to 15 months’ imprisonment, with the sentence running consecutively to a sentence he received as a result of violating his probation. Each must pay a special assessment of $100. They must also serve a three-year term of supervised release after their prison terms. There is no parole in the federal system.
Battles and Johnson are both being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Cedar Valley Gang Task Force and a specialized unit of the Waterloo Police Department known as the Violent Crime Apprehension
Team, or VCAT. The Cedar Valley Gang Task Force is comprised of members from
the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, Waverly Police Department, State of Iowa Probation and Parole, and the United States Marshals Service.Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number for both Battles and Johnson is CR 12-2019.
Washington Park Man Sentenced for Firearm OffenseRead the Press Release
Joshua Hamilton, 28, from Washington Park, IL, was sentenced on February 8, 2013, in District Court in East St. Louis, IL, on one count of Unlawful Possession of a Firearm by a Previously Convicted Felon, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Hamilton was sentenced to 27 months in prison, three years of supervised release, fined $250 and ordered to pay $100 special assessment. Hamilton, who previously pled guilty, admitted on November 29, 2011, that a firearm recovered from a law enforcement operation involving a vehicle search in which he was a passenger belonged to him. Prior to November 29, 2011, Hamilton had been convicted of a crime that was punishable by a term of imprisonment of more than one year.
The investigation was investigated by the Federal Bureau of Investigation and the Illinois State Police. The case resulted from the efforts of the WAVE (Working Against Violent Elements) Task Force, which focuses its efforts on combating violent crime in East St. Louis, Washington Park, and surrounding communities. The WAVE Task Force receives financial support through the Department of Justice’s Project Safe Neighborhoods (PSN) initiative, a nationwide federal program which endeavors to address gun-related violence.
This was prosecuted by Special Assistant United States Attorney Matthew H. Brooks.
Vancouver Man Pleads Guilty to Lying About His Ability to Conduct Lead TestingRead the Press Release
PORTLAND, Ore. - Martin Glaves Kuna, 66 of Vancouver, Washington, plead guilty today to one count of wire fraud before the Honorable Judge Michael H. Simon for falsely telling customers that he was certified to perform lead based paint inspections and testing in homes, where children resided, when in fact, he was not properly certified by state authorities to do so.
In response to medical studies on the health hazards presented to children by lead-based paint, Congress passed the Residential Lead-Based Paint Hazard Reduction Act (“Lead Hazard Act”). The Lead Hazard Act authorized the Environmental Protection Agency (EPA) to develop regulations to ensure, among other things, that individuals engaged in lead based paint inspections and testing were properly trained and certified. Oregon’s rules for the certification of individuals and firms engaged in lead based paint inspections and testing prohibit any person or firm to perform lead based paint inspections and testing in target housing or child occupied facilities without first receiving appropriate certification.
The Information that defendant Kuna plead guilty to states that from May 2008 to September 2012, Kuna advertised his services to conduct lead based paint inspections and testing and indicated to individuals via the internet and in person that he was certified to do so. Defendant Kuna, however, had not received the required certification and training to inspect and test target housing or child occupied facilities for lead based paint despite his representations that he had. Over the course of the scheme, defendant Kuna conducted more than ten (10) such inspections. Assistant U. S. Attorney Michelle Holman Kerin told the court during Kuna’s guilty plea that in one instance where defendant Kuna performed lead based paint inspections and testing, children resided in the home and Kuna provided the home owner a false negative for the detection of lead. In January 2012, civil EPA investigators intervened in Kuna’s business activities and ordered him to stop lead based paint inspections and testing. Despite EPA’s order, Defendant Kuna continued to advertise and perform lead based paint inspections and testing through September 2012.
U.S. Attorney Amanda Marshall, said, “Protecting children and families is one of my office’s top priorities. Laws designed to detect lead in housing help keep us safe from the well-documented, deleterious effects of lead exposure. Individuals who lie about their qualifications to perform these tasks endanger the health and welfare of anyone who falls prey to such fraud, but especially endanger the lives and health of children. When criminal conduct puts children and families at risk, we will see that justice is done.”
Tyler Amon, the Environmental Protection Agency’s Special Agent in Charge in Seattle, Washington, said “By offering a service he was not qualified or certified to deliver, defendant Kuna unnecessarily put children and families at risk using unscrupulous and unsafe business practices. Cases like this one, where people could be exposed to a potentially harmful contaminant, will be tirelessly investigated and tenaciously prosecuted.”
This investigation was conducted by Special Agent, Marc Callaghan at the EPA. The case is being prosecuted by Assistant U.S. Attorney Michelle Holman Kerin.
Vacha Vaughn Sentenced to 438 Months for Drug ConspiracyRead the Press Release
Memphis, TN – Vacha Vaughn, 36, of Memphis, TN was sentenced today by U.S. District Judge Samuel H. Mays, Jr. to 438 months in prison for his role in the Craig Petties Drug Trafficking Organization (DTO), announced U.S. Attorney Edward L. Stanton III and Resident Agent-in-Charge of the Drug Enforcement Administration’s Memphis office Brian Chambers.
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On December 19, 2007, Vaughn pleaded guilty to one count of conspiracy to possess with intent to distribute more than five kilograms of cocaine. As outlined in the indictment, Vaughn was a member of a criminal racketeering enterprise, the Petties DTO, whose members conspired with cocaine traffickers in Mexico, Texas, Mississippi, North Carolina, Georgia, Tennessee, and elsewhere. As part of the conspiracy, cocaine was prepared, packaged and/or stored, prior to distribution to buyers in “stash houses.” The defendant and the co-conspirators used these “stash houses” to avoid detection by law enforcement authorities. It was further part of the conspiracy that the defendants and their co-conspirators sorted, counted, packaged, and stored large amounts of cash derived from the sale of controlled substances in various co-conspirators’ premises in the Western District of Tennessee. The co-conspirators delivered large amounts of currency derived from the sale of cocaine from the Western District of Tennessee and elsewhere to Texas and Mexico. In order to facilitate continued drug trafficking and in order to prevent others from cooperating with law enforcement authorities, it was further part of the conspiracy that the defendant and the co-conspirators did kill other people. Over thirty people have been charged and convicted as part of this investigation.
In addition to the prison sentence, Mays also ordered Vaughn to serve five years of supervised release. There is no parole in the federal prison system.
The case was investigated by the Drug Enforcement Administration, the United States Marshals Service, the Memphis Police Department, the Shelby County Sheriff’s Department and the Olive Branch Police Department. The case is being prosecuted by Assistant United States Attorney David Pritchard on behalf of the government.United States Attorney’s Office Sponsors 'We Love Wildlife' Campaign as Part of Ongoing Efforts to Protect Endangered SpeciesRead the Press Release
LOS ANGELES – United States Attorney André Birotte Jr. today announced the launch of the “We Love Wildlife” campaign – a public education campaign to promote awareness about the international black market for threatened and endangered species and how United States laws are used to protect those species.
Mr. Birotte said the campaign is designed to deter criminal conduct through education and community outreach. Federal prosecutors, including Mr. Birotte, will participate in a series of events beginning Monday, February 11. Each day next week, the United States Attorney’s Office will host a “Lunch and Learn about Wildlife” meeting. For a list of upcoming events, including next week’s brown bag lunches, please see: http://www.justice.gov/usao-cdca/recent-events.
The United States is a large consumer of wildlife products illegally poached and smuggled from other countries. Many American do not know that it is illegal to sell or offer to sell endangered wildlife or wildlife parts in interstate commerce. Other examples of illegal wildlife trafficking include:
selling marine mammal parts, such as whale bones or seal skins (unless the parts will be used for a public display, scientific research or enhancing the survival of a species);
importing or exporting rhino horns without a permit;
offering to sell migratory bird species, such as the Western Scrub Jay; and
failing to declare to the proper authorities any flora or fauna brought into the United States.
Illegal purchases of protected wildlife lead directly to the poaching and decimation of endangered species in the wild.
The prosecution of crimes involving wildlife is an important part of the mission of the United States Attorney’s Office in Los Angeles, which is one of only two U.S. Attorney’s Offices in the nation to have an Environmental Crimes Section.
In partnership with the United States Department of Justice’s Environment and Natural Resource Division, as well as federal and state law enforcement agencies, Assistant United States Attorneys based in Los Angeles have successfully prosecuted cases under smuggling statutes, the Endangered Species Act, the Lacey Act (the first federal law that protected wildlife), the Marine Mammal Protection Act, the Bald Eagle Protection Act, and the Migratory Bird Treaty Act.
The United States Attorney’s Office has partnered with the Humane Society of the United States in the “We Love Wildlife” campaign to help spread the message and educate the public about wildlife protection statutes through a series of public events.
During the week of February 11, the United States Attorney’s Office will host a series of brown bag lunches to discuss the important work being done to protect and conserve wildlife in the United States and abroad.
During the week of February 15, members of the United States Attorney’s Office and its law enforcement partner agencies will participate in the Cool Cats Program at the San Diego Zoo. The outreach effort will emphasize not buying or selling protected wildlife and their parts.
On Saturday, February 23, federal prosecutors and agents from investigating agencies will be part of the Safari Safety Program at the Los Angeles Zoo, where participants will be able to learn about careers in wildlife protection and enforcement.
On Sunday, February 24, representatives from the United States Attorney’s Office will participate in the African Heritage Festival at the Aquarium of the Pacific in Long Beach, where they will offer information about efforts to stop global wildlife trafficking, prevent the introduction of invasive species, and protect fish and marine mammals.
The “We Love Wildlife” campaign is being coordinated by the United States Attorney’s Office, in close collaboration with the Humane Society of the United States, the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the United States Coast Guard, the United States Forest Service, the Animal and Plant Health Inspection Service, the California Department of Fish and Wildlife, the San Diego Zoo, the Los Angeles Zoo, the California Wild Center, and the Animal Advocates.
All inquiries on the “We Love Wildlife” campaign should be directed to Assistant United States Attorney Amanda M. Bettinelli of the Environmental Crimes Section at (213) 894-0470.
Release No. 13-wildlife
Two Compton Men Indicted in Federal Hate Crime Case Stemming from New Year's Eve Attack on African-American YouthsRead the Press Release
LOS ANGELES – A federal grand jury has indicted two members of the Compton 155 street gang on federal hate crime charges related to a racially motivated attack on four African-American juveniles at a residence in the City of Compton on New Year’s Eve.
Jeffrey Aguilar, who uses the moniker “Terco,” 19, and Efren Marquez Jr., who is also known as “Stretch” and “Junior,” 21, were named in a five-count indictment returned late yesterday by the grand jury.
The indictment specifically charges Aguilar and Marquez with one count of conspiracy to interfere with housing rights and four counts of interfering with housing rights. The indictment alleges that they attempted to intimidate African-Americans from living in Compton.
Aguilar and Marquez allegedly are members of the Compton 155 street gang, which uses violence and threats of violence in an effort to drive African-Americans out of their “territory” on the west side of Compton. According to the indictment, members of the Compton 155 gang often refer to themselves as “NK” or “N***** Killers.” To instill fear in African-Americans, members of the gang tag their gang moniker and “NK” throughout their “territory.”
“Hate-fueled crimes have no place in our society,” said United States Attorney Andre Birotte Jr. “No one should have to look over their shoulder in fear because of who they are. Incidents like the one described in the federal indictment prove that we must remain vigilant to ensure that the rights of every single American resident are protected at all times.”
Thomas E. Perez, the Assistant Attorney General for the Civil Rights Division of the Department of Justice, stated: “The Civil Rights Division will continue to protect the right of every person who lives in this country to do so free of racially-based violence and intimidation. The Justice Department will not tolerate those individuals or gangs who would prevent a family from living in a particular neighborhood simply because of their race or the color of their skin.”
The indictment specifically alleges that on December 31, 2012, Aguilar, Marquez and a co-conspirator confronted an African-American juvenile, who was walking on a street in Compton, and threatened him by referring to themselves as “NKs.” The 17-year-old victim ran to his girlfriend’s house, where three other African-American juveniles were located. Aguilar and Marquez followed the 17-year-old victim to the home, yelled racial slurs at the four juveniles at the residence, and demanded that the African-Americans get out of the neighborhood. Aguilar and Marquez then allegedly assaulted the 17-year-old victim with a metal pipe and threatened another juvenile with a gun.
After the juveniles managed to escape and run into the house, the indictment alleges that Aguilar and Marquez left the scene and informed other gang members that the African-American juveniles lived in their “territory.” Shortly thereafter, Aguilar and approximately 15 other gang members went to the victims’ home and threatened them by yelling racial slurs and warning the juveniles that they did not belong in the neighborhood. During this time, a member of the gang smashed one of the windows of the house.
“The FBI is committed to the protection of civil liberties,” said Bill Lewis, Assistant Director in Charge of the FBI’s Los Angeles Field Office. “No one should tolerate violence based on the color of their skin or live in fear based on the hatred of others.”
Sheriff Lee Baca commented: “Hate crimes seriously threaten our society’s democratic principles and affect the entire community We had one hate crime in Compton for 2012, but one is too many. Tolerance is the key element of democracy.”
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
Aguilar and Marquez had been in state custody on unrelated charges. They were transferred to federal custody early this morning and are expected to be arraigned on the indictment this afternoon in United States District Court.
If convicted, Aguilar and Marquez each would face a statutory maximum penalty of 10 years in prison for each of the five civil rights charges alleged in the indictment.
The case against Aguilar and Marquez is the result of an ongoing investigation being conducted by the Federal Bureau of Investigation and the Los Angeles County Sheriff’s Department.
The case is being prosecuted by Assistant United States Attorney Reema El-Amamy of the Violent and Organized Crime Section of the United States Attorney’s Office and Trial Attorney Saeed Mody of the Civil Rights Division of the Department of Justice.
Release No. 13-023
Two California Men Indicted in Federal Hate Crime Case Stemming from New Year’s Eve Attack on African-American YouthsRead the Press Release
A federal grand jury has indicted two members of the Compton 155 street gang on federal hate crime charges related to a racially motivated attack on four African-American juveniles at a residence in the city of Compton, Calif., on New Year’s Eve.
Jeffrey Aguilar, aka “Terco,” 19, and Efren Marquez Jr., who is also known as “Stretch” and “Junior,” 21, were named in a five-count indictment returned late yesterday by the grand jury.
The indictment specifically charges Aguilar and Marquez with one count of conspiracy to interfere with housing rights and four counts of interfering with housing rights. The indictment alleges that they attempted to intimidate African-Americans from living in Compton.
Aguilar and Marquez allegedly are members of the Compton 155 street gang, which uses violence and threats of violence in an effort to drive African-Americans out of their “territory” on the west side of Compton. According to the indictment, members of the Compton 155 gang often refer to themselves as “NK” or “N***** Killers.” To instill fear in African-Americans, members of the gang tag their gang moniker and “NK” throughout their “territory.”
“Hate-fueled crimes have no place in our society,” said U.S. Attorney for the Central District of California Andre Birotte Jr. “No one should have to look over their shoulder in fear because of who they are. Incidents like the one described in the federal indictment prove that we must remain vigilant to ensure that the rights of every single American resident are protected at all times.”
“The Civil Rights Division will continue to protect the right of every person who lives in this country to do so free of racially-based violence and intimidation," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division of the Department of Justice. “The Justice Department will not tolerate those individuals or gangs who would prevent a family from living in a particular neighborhood simply because of their race or the color of their skin.”
The indictment specifically alleges that on Dec. 31, 2012, Aguilar, Marquez and a co-conspirator confronted an African-American juvenile, who was walking on a street in Compton, and threatened him by referring to themselves as “NKs.” The 17-year-old victim ran to his girlfriend’s house, where three other African-American juveniles were located. Aguilar and Marquez followed the 17-year-old victim to the home, yelled racial slurs at the four juveniles at the residence, and demanded that the African-Americans get out of the neighborhood. Aguilar and Marquez then allegedly assaulted the 17-year-old victim with a metal pipe and threatened another juvenile with a gun.
After the juveniles managed to escape and run into the house, the indictment alleges that Aguilar and Marquez left the scene and informed other gang members that the African-American juveniles lived in their “territory.” Shortly thereafter, Aguilar and approximately 15 other gang members went to the victims’ home and threatened them by yelling racial slurs and warning the juveniles that they did not belong in the neighborhood. During this time, a member of the gang smashed one of the windows of the house.
“The FBI is committed to the protection of civil liberties,” said Bill Lewis, Assistant Director in Charge of the FBI's Los Angeles Field Office. “No one should tolerate violence based on the color of their skin or live in fear based on the hatred of others.”
“Hate crimes seriously threaten our society’s democratic principles and affect the entire community,” said Los Angeles County Sheriff Lee Baca. “We had one hate crime in Compton for 2012, but one is too many. Tolerance is the key element of democracy.”
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
Aguilar and Marquez had been in state custody on unrelated charges. They were transferred to federal custody early this morning and are expected to be arraigned on the indictment this afternoon in U.S. District Court in Los Angeles.
If convicted, Aguilar and Marquez each would face a statutory maximum penalty of 10 years in prison for each of the five civil rights charges alleged in the indictment.
The case against Aguilar and Marquez is the result of an ongoing investigation being conducted by the Federal Bureau of Investigation and the Los Angeles County Sheriff’s Department.
The case is being prosecuted by Assistant U.S. Attorney Reema El-Amamy of the Violent and Organized Crime Section of the U.S. Attorney’s Office and Trial Attorney Saeed Mody of the Civil Rights Division of the Department of Justice.
Three Miami-Dade Residents Sentenced for Tax Refund Fraud Scheme Using Stolen Identities of Foreign NationalsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Antonio J. Gomez, Acting Inspector in Charge, United States Postal Inspection Service, Miami Division, announced that defendants Christian Andres Perin, 40, of Miami, Venancio Oscar Pio, 52, of Doral, and Olga Rosana Garcia, 46, of Miami, were sentenced yesterday for their participation in a tax refund scheme using stolen identities of foreign nationals. Defendant Perin was sentenced to 87 months in prison, to be followed by 3 years of supervised release. Defendants Pio and Garcia were each sentenced to 70 months in prison, to be followed by 3 years of supervised release. The defendants were also ordered to pay restitution of $1,146,745.24.
Each of the defendants previously pled guilty to one count of conspiracy to submit false claims to the IRS, in violation of Title 18, United States Code, Section 286. Defendant Perin also pled guilty to two counts of stealing tax refund checks, in violation of Title 18, United States Code, Section 641.
According to court documents, Perin obtained identity documents of foreign nationals from individuals living outside of the United States. Pio, in exchange for payment, would then send the identity documents to another individual outside the United States who would manufacture false tax claim Forms W-2, W-7, and 1040 Individual Income Tax Returns with fictitious employer information, income, and withholding amounts. Garcia and other co-conspirators mailed the fraudulent Forms W-2, W-7, and 1040 Individual Income Tax Returns to the IRS to obtain tax refunds. The tax refunds were directed into bank accounts or mailboxes controlled by Perin and Garcia. Perin and Garcia then collected the checks, deposited the checks in bank accounts, and later withdrew the money.
Mr. Ferrer commended the investigative efforts of IRS-CI, ICE-HSI, and the U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Kurt K. Lunkenheimer.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Ten Persons Face Federal Methamphetamine ChargesRead the Press Release
A federal grand jury in Benton, Illinois, has charged 10 individuals with methamphetamine related offenses, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Those charged with conspiracy to manufacture methamphetamine are: Clarence “Buster” Ridlin, 50, Creal Springs., Illinois, Rick D. Keebler, 44, Bush, Illinois, Zachary A. Willard, 28, West Frankfort, Illinois, Lexie L. Mutchek, 26, West Frankfort, Illinois, Daniel W. Reinbold, 33, Royalton, Illinois, John F. Richardson, 52, Johnston City, Illinois, Lowell L. Skelton, 39, Carbondale, Illinois, Brittany N. Stroud, 25, Marion, Illinois, and Brandi L. Dunfee, 29, West Frankfort, Illinois. Christina L. Meeks, 27, Willisville, Illinois, was charged separately with purchasing pseudoephedrine for use in methamphetamine manufacturing. Those individuals charged with conspiracy face a minimum of 10 years imprisonment up to life, a $10 million fine, and at least 5 years supervised release. Meeks faces up to 20 years imprisonment, a $250,000 fine, and up to five years supervised release.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The investigation in this case has thus far resulted in the indictment of 53 individuals for methamphetamine related activities in Williamson, Franklin, and Jackson Counties. The still ongoing investigation is being conducted by the Illinois State Police, Southern Illinois Drug Task Force along with the Drug Enforcement Administration, the United States Marshals Service, Franklin County Sheriff’s Office, Williamson County Sheriff’s Office, Jackson County Sheriff’s Office, Benton Police Department, Royalton Police Department, West City Police Department, Williamson County State’s Attorney’s Office, Franklin County State’s Attorney’s Office, and the Jackson County State’s Attorney’s Office.
The cases are being prosecuted by Assistant United States Attorney Tom Leggans.
Teacher's Aide Pleads Guilty to Producing Child PornographyRead the Press Release
Earlier today, Taleek Brooks, a former teacher’s aide at a public elementary school in Brooklyn, pleaded guilty to producing child pornography and distributing child pornography. The proceedings were held before United States Magistrate Judge Roanne L. Mann at the United States Courthouse in Brooklyn, New York. Brooks faces a mandatory minimum sentence of 15 years’ imprisonment and a maximum sentence of 50 years’ imprisonment when sentenced on May 23, 2013.
The guilty plea was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George Venizelos, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
Brooks, a teacher’s aide at Public School 243, The Weeksville School, in Brooklyn, regularly downloaded and distributed videos and images depicting child pornography over the Internet through a peer-to-peer file sharing program. In December 2011, Brooks accepted a “friend” request from an undercover FBI special agent, which permitted the agent to observe and download several videos and images depicting child pornography that Brooks had designated for sharing with his “friends” on the peer-to-peer network.
On January 13, 2012, FBI special agents executed a search warrant on Brooks’s residence in Brooklyn. During the search, agents seized, among other items, a computer and two external hard drives from Brooks’s bedroom. Hundreds of videos and images depicting child pornography were found on the computer equipment.
A FBI forensic examination of the equipment revealed that Brooks had produced child pornography. In a folder that Brooks had labeled “Special,” investigators recovered videos and images of a young child performing sexually explicit acts at Brooks’s direction. Brooks can be heard and seen in some of the videos. Investigators later confirmed that the young child had been a student at Public School 243 while Brooks was a teacher’s aide and that the videos and images were produced in two of the school’s classrooms.
“School is supposed to be a place of learning, where our children can excel and grow. Brooks turned his classroom into a place of fear and exploitation, taking advantage of the trust that was placed in him by a young child that he was charged with teaching and protecting. He spent his additional time and energy collecting images of the exploitation of yet more children. We stand committed to protecting our youth from those who abuse them and violate that trust,” stated United States Attorney Lynch. “Today’s guilty plea stands as a strong warning to those who prey on our youth that we will prosecute them to the fullest extent of the law.”
FBI Assistant Director-in-Charge Venizelos stated, “Brooks not only collected and traded images of child pornography, he created it when he directed and recorded a child performing sexually explicit acts in a school classroom. The FBI is committed to protecting children by policing child predators.”
The government’s case is being prosecuted by Assistant United States Attorney Robert Polemeni.
The Defendant:
TALEEK BROOKS
Age: 42Tampa Man Pleads Guilty to Tax Fraud, Identity TheftRead the Press Release
PENSACOLA, FLORIDA – Victor T. Williams, 28, of Tampa, Florida, pled guilty yesterday to charges of conspiracy, theft of public money, and aggravated identity theft based on his participation in a scheme to obtain fraudulent federal income tax refunds. The plea was announced by Pamela C. Marsh, the United States Attorney for the Northern District of Florida.
Between 2011 and 2012, Williams and his uncle, Kenneth R. Faison, 51, the pastor of the Pentecostal Temple Church of God in Christ in Mexia, Alabama, conspired to deposit more than $235,000 in U.S. Treasury checks issued on false tax returns. The returns had been filed in the names of taxpayers, some deceased, whose identities had been stolen. Williams obtained the checks from confederates in the Tampa area, and mailed them to Faison, who then deposited the checks in banks in north Florida and south Alabama. Faison kept a percentage of the stolen funds for himself, and transferred the remainder to Williams. In one instance, Faison added the victim taxpayer as signatory to his bank account, using identifying information stolen from the victim to do so.
Earlier this year, Faison pled guilty to conspiracy, theft of public money, and aggravated identity theft for his role in the conspiracy. He is scheduled to be sentenced before Senior United States District Judge Roger Vinson on April 9, 2013. Williams is scheduled for sentencing on May 8, 2013 before Judge Vinson.
Conspiracy is punishable by a maximum sentence of five years in prison. Theft of public monies is punishable by ten years in prison. Aggravated identity theft carries a mandatory sentence of two years in prison, which must be served consecutively to any other sentence.
The case was investigated by the Internal Revenue Service-Criminal Investigations. It is being prosecuted by Assistant U.S. Attorney Alicia Kim.
St. Petersburg Man Sentenced to 10 Years in Federal Prison for Possession and Distribution of Child PornographyRead the Press Release
Tampa, FL - U.S. District Judge Virginia M. Hernandez Covington sentenced Andrew Dennis Kromer (34, St. Petersburg) yesterday to 10 years in federal prison, followed by a lifetime of supervised release, for distribution and possession of child pornography. The court also ordered Kromer to forfeit laptop computers and hard drives that he used to facilitate the offenses. Kromer pleaded guilty on November 13, 2012.
According to court documents, Kromer used a social networking website to share and receive numerous images of pre-pubescent boys engaging in explicit sexual activity. Based upon the investigation into the origin of these photographs, the Federal Bureau of Investigation obtained and executed a federal search warrant at Kromer's residence in St. Petersburg. During the search, agents located and seized a laptop computer belonging to Kromer. A detailed forensic analysis showed that Kromer possessed more than 59,000 images of child pornography. The forensic review also revealed that Kromer was regularly trading images with other individuals over the Internet of children engaging in sadistic and masochistic activity.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Josephine W. Thomas.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
South Florida Brothers Sentenced for Tax EvasionRead the Press Release
Michael Farnell and James Farnell, residents of Boca Raton, Fla., were sentenced to prison terms today for income tax evasion, the Justice Department and Internal Revenue Service (IRS) announced today. Michael Farnell and James Farnell were previously indicted on April 19, 2012. Judge William P. Dimitrouleas sentenced Michael Farnell to a term of 18 months in prison and his brother James, Farnell, was sentenced to a term of 42 months. Michael Farnell was remanded into custody. James Farnell was already in custody.
According to statements made in court and publicly filed documents, Michael Farnell and James Farnell sold stock in a privately held Florida-based technology company between 2004 and 2006 and failed to report the capital gains or pay taxes on the capital gains from those stock sales. In 2004, the U.S. Securities and Exchange Commission (SEC) filed suit against the Farnell brothers for securities violations at another company that they operated the year 2000. A majority of the stock sales at issue in this case violated the injunction from the SEC’s lawsuit.
According to public documents and statements made in court, the Farnell brothers held their stock in this Florida-based technology company in the name of nominee trusts. The proceeds of the stock sales were deposited into bank accounts titled in the name of these nominee trusts. Neither brother filed tax returns in 2004 and 2005. James Farnell also failed to file a 2006 tax return. As part of the sentencing, Michael Farnell and James Farnell both agreed that they failed to report additional income paid to them by this Florida-based technology in 2001 through 2003.
Michael Farnell was ordered to pay restitution of $448,128 and James Farnell was ordered to pay restitution of $434,115, both to the IRS.
Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division, and Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, thanked IRS – Criminal Investigation for investigating the case, and also thanked the U.S. Securities and Exchange Commission and the U.S. Attorney’s Office for their assistance with the investigation. The case is being prosecuted by Tax Division Trial Attorney Jed Silversmith and Assistant U.S. Attorney Bertha Mitrani.
South Florida Brothers Sentenced for Tax EvasionRead the Press Release
Michael Farnell and James Farnell, residents of Boca Raton, Fla., were sentenced to prison terms today for income tax evasion, the Justice Department and Internal Revenue Service (IRS) announced today. Michael Farnell and James Farnell were previously indicted on April 19, 2012. Judge William P. Dimitrouleas sentenced Michael Farnell to a term of 18 months and his brother, James Farnell, was sentenced to a term of 42 months. Michael Farnell was remanded into custody. James Farnell was already in custody.
According to statements made in court and publicly filed documents, Michael Farnell and James Farnell sold stock in a privately held Florida-based technology company between 2004 and 2006 and failed to report the capital gains or pay taxes on the capital gains from those stock sales. In 2004, the U.S. Securities and Exchange Commission (SEC) filed suit against the Farnell brothers for securities violations at another company that they operated the year 2000. A majority of the stock sales at issue in this case violated the injunction from the SEC’s lawsuit.
According to public documents and statements made in court, Michael Farnell and James Farnell held their stock in this Florida-based technology company in the name of nominee trusts. The proceeds of the stock sales were deposited into bank accounts titled in the name of these nominee trusts. Neither brother filed tax returns in 2004 and 2005. James Farnell also failed to file a 2006 tax return. As part of the sentencing, Michael Farnell and James Farnell both agreed that they failed to report additional income paid to them by this Florida-based technology in 2001 through 2003.
Michael Farnell was ordered to pay restitution of $448,128 and James Farnell was ordered to pay restitution of $434,115, both to the IRS.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida and Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division, thanked IRS – Criminal Investigation for investigating the case, and also thanked the U.S. Securities and Exchange Commission and the United States Attorney’s Office for their assistance with the investigation. The case is being prosecuted by Tax Division Trial Attorney Jed Silversmith and Assistant U.S. Attorney Bertha Mitrani.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
South Carolina Physician Charged with Attempting to Entice A Minor for Sex over the InternetRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces the return of an indictment charging Dr. John Francis Williams (66, Blythewood, S.C.) with attempting to entice a minor for sexual activity through use of the Internet. If convicted, Williams faces a mandatory minimum penalty of 10 years, up to life in federal prison. The indictment also notifies Williams that the United States intends to forfeit a residence located at 1822 Wiley Post Trail in Port Orange, Florida.
According to the indictment, between October 11, 2012, and continuing through October 12, 2012, Williams used the Internet to attempt to persuade, induce, and entice a minor to engage in a sexual activity. Williams allegedly communicated with the minor over the Internet from the Port Orange home, and also offered to bring the minor there to engage in sexual activity.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the North Florida Internet Crimes Against Children Task Force, and the Volusia County Sheriff’s Office, as part of “Operation Broadband.” Operation Broadband utilized undercover agents to monitor various social networking websites to identify adults interested in engaging in sexual activity with minors. This case will be prosecuted by Assistant United States Attorney Daniel W. Eckhart.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Sixteen People Sentenced to Prison for Religiously Motivated Assaults on Practitioners of the Amish ReligionRead the Press Release
Sixteen people were sentenced to prison today for hate crimes arising out of a series of religiously-motivated assaults on practitioners of the Amish religion, announced Thomas E. Perez, the Assistant Attorney General for the Civil Rights Division; Steven M. Dettelbach, the U.S. Attorney for the Northern District of Ohio; and Stephen Anthony, Special Agent in Charge of the FBI – Cleveland Field Office.
The defendants all reside in Bergholz, Ohio, unless otherwise noted. Samuel Mullet, 67, received a 15 year sentence. Johnny S. Mullet, 39; Lester Mullet, 28, of Hammondsville, Ohio; Levi F. Miller, 54; and Eli M. Miller, 33, received seven year sentences. Daniel S. Mullet, 38; Lester Miller, 38; and Emanuel Schrock, 44, received five year sentences. Raymond Miller, 28, of Irondale, Ohio; and Linda Shrock, 45, both received two year sentences. Freeman Burkholder, 32, of Irondale; Anna Miller, 33; Elizabeth A. Miller, 38, of Irondale; Emma J. Miller, 38; Kathryn Miller, 23, of Irondale; and Lovina Miller, 33, all received a sentence of one year and one day.
A jury found the defendants guilty last September following a lengthy trial. The convictions stem from five separate assaults that occurred in four Ohio counties between September and November 2011. In each assault, defendants forcibly removed beard and head hair from practitioners of the Amish faith with whom they had ongoing religious disputes.
The manner in which Amish men wear their beards and Amish women wear their hair are symbols of their faith, according to trial testimony.
Samuel Mullet Sr., Johnny S. Mullet, Daniel S. Mullet, Lester S. Mullet, Levi F. Miller, Eli M. Miller, Emanuel Shrock, Lester Miller, Raymond Miller, Freeman Burkholder, Anna Miller and Linda Shrock were convicted of conspiracy to violate Title 18, U.S. Code, Section 249, also known as the Matthew Shepard-James Byrd Hate Crimes Prevention Act, which prohibits any person from willfully causing bodily injury to any person, or attempting to do so by use of a dangerous weapon, because of the actual or perceived religion of that person, and Title 18, United States Code, Section 1512, which prohibits obstruction of justice, including witness tampering and the destruction or concealment of evidence.
The jury also convicted various groups of defendants with separate assaults, and Samuel Mullet Sr. and Lester Mullet with concealing or attempting to conceal various items of tangible evidence, including a camera and photographs of the attacks.
Samuel Mullet Sr. is the Bishop of the Amish community in Bergholz, while the remaining defendants are all members of that community. Mullet Sr. exerted control over the Bergholz community by taking the wives of other men into his home, and by overseeing various means of disciplining community members, including corporal punishment, according to trial testimony.
As a result of religious disputes with other members of the Ohio Amish community, the defendants planned and carried out a series of assaults on their perceived religious enemies. The assaults involved the use of hired drivers, either by the defendants or the alleged victims, because practitioners of the Amish religion do not operate motor vehicles. The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims, according to trial testimony.
During each assault, the defendants restrained and held down the victims. During some of the assaults, the defendants injured individuals who attempted to intervene to protect or rescue the victims. Following the attacks, some of the defendants participated in discussions about concealing photographs and other evidence of the assaults, according to evidence presented at trial.
“From the time of its founding as a nation, the United States of America has always been a beacon for those who seek religious freedom,” said Assistant Attorney General Perez. “The Department of Justice and the Civil Rights Division will vigorously defend every American’s right to worship in the manner of their choosing, including the members of the defendants’ community. However, violent assaults are not a form of religious expression. The actions of the defendants were designed to terrorize the victims, desecrate sacred symbols of their faith, and interfere with their right to worship. These prosecutions reflect the fact that the Department of Justice will not tolerate religiously motivated violence.”
“From day one, this case has been about the rule of law and defending the right of people to worship in peace. This was never about ‘haircuts.’ These were violent, religiously motivated home invasions that left the victims bloody, bruised and beaten,” said U.S. Attorney Dettlebach. “Our nation was founded on the bedrock principle that everyone is free to worship how they see fit. Violent attempts to attack this most basic freedom have no place in our country.”
“This case is an excellent example of cooperation between the many law enforcement agencies that investigated these crimes, along with the prosecution team from the United States Attorney’s Office and the Department of Justice,” said FBI Special Agent in Charge Anthony. “The FBI is committed to investigating hate crimes, including those perpetrated against people motivated by bias toward religion as in this case, or other areas protected by our civil rights statutes.”
This case was investigated by the Cleveland Division of the FBI and was prosecuted by Assistant U.S. Attorneys Thomas Getz and Bridget M. Brennan of the U.S. Attorney’s Office for the Northern District of Ohio and Deputy Chief Kristy Parker of the Civil Rights Division’s Criminal Section. The prosecutor’s and sheriff’s offices from Holmes, Carroll, Jefferson and Trumbull counties also provided significant assistance in the investigation and prosecution of this case.
Sixteen People Sentenced to Prison for Federal Hate CrimesRead the Press Release
Sixteen people were sentenced to prison today for hate crimes arising out of a series of religiously-motivated assaults on practitioners of the Amish religion, announced Thomas E. Perez, the Assistant Attorney General for the Civil Rights Division; Steven M. Dettelbach, the U.S. Attorney for the Northern District of Ohio; and Stephen Anthony, Special Agent in Charge of the FBI – Cleveland Field Office.
The defendants all reside in Bergholz, Ohio, unless otherwise noted. Samuel Mullet, 67, received a 15 year sentence. Johnny S. Mullet, 39; Lester Mullet, 28, of Hammondsville, Ohio; Levi F. Miller, 54; and Eli M. Miller, 33, received seven year sentences. Daniel S. Mullet, 38; Lester Miller, 38; and Emanuel Schrock, 44, received five year sentences. Raymond Miller, 28, of Irondale, Ohio; and Linda Shrock, 45, both received two year sentences. Freeman Burkholder, 32, of Irondale; Anna Miller, 33; Elizabeth A. Miller, 38, of Irondale; Emma J. Miller, 38; Kathryn Miller, 23, of Irondale; and Lovina Miller, 33, all received a sentence of one year and one day.A jury found the defendants guilty last September following a lengthy trial. The convictions stem from five separate assaults that occurred in four Ohio counties between September and November 2011. In each assault, defendants forcibly removed beard and head hair from practitioners of the Amish faith with whom they had ongoing religious disputes.
The manner in which Amish men wear their beards and Amish women wear their hair are symbols of their faith, according to trial testimony.
Samuel Mullet Sr., Johnny S. Mullet, Daniel S. Mullet, Lester S. Mullet, Levi F. Miller, Eli M. Miller, Emanuel Shrock, Lester Miller, Raymond Miller, Freeman Burkholder, Anna Miller and Linda Shrock were convicted of conspiracy to violate Title 18, U.S. Code, Section 249, also known as the Matthew Shepard-James Byrd Hate Crimes Prevention Act, which prohibits any person from willfully causing bodily injury to any person, or attempting to do so by use of a dangerous weapon, because of the actual or perceived religion of that person, and Title 18, United States Code, Section 1512, which prohibits obstruction of justice, including witness tampering and the destruction or concealment of evidence.
The jury also convicted various groups of defendants with separate assaults, and Samuel Mullet Sr. and Lester Mullet with concealing or attempting to conceal various items of tangible evidence, including a camera and photographs of the attacks.
Samuel Mullet Sr. is the Bishop of the Amish community in Bergholz, while the remaining defendants are all members of that community. Mullet Sr. exerted control over the Bergholz community by taking the wives of other men into his home, and by overseeing various means of disciplining community members, including corporal punishment, according to trial testimony.As a result of religious disputes with other members of the Ohio Amish community, the defendants planned and carried out a series of assaults on their perceived religious enemies. The assaults involved the use of hired drivers, either by the defendants or the alleged victims, because practitioners of the Amish religion do not operate motor vehicles. The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims, according to trial testimony.
During each assault, the defendants restrained and held down the victims. During some of the assaults, the defendants injured individuals who attempted to intervene to protect or rescue the victims. Following the attacks, some of the defendants participated in discussions about concealing photographs and other evidence of the assaults, according to evidence presented at trial.
“From the time of its founding as a nation, the United States of America has always been a beacon for those who seek religious freedom,” said Assistant Attorney General Perez. “The Department of Justice and the Civil Rights Division will vigorously defend every American’s right to worship in the manner of their choosing, including the members of the defendants’ community. However, violent assaults are not a form of religious expression. The actions of the defendants were designed to terrorize the victims, desecrate sacred symbols of their faith, and interfere with their right to worship. These prosecutions reflect the fact that the Department of Justice will not tolerate religiously motivated violence.”
“From day one, this case has been about the rule of law and defending the right of people to worship in peace. This was never about ‘haircuts.’ These were violent, religiously motivated home invasions that left the victims bloody, bruised and beaten,” said U.S. Attorney Dettlebach. “Our nation was founded on the bedrock principle that everyone is free to worship how they see fit. Violent attempts to attack this most basic freedom have no place in our country.”
“This case is an excellent example of cooperation between the many law enforcement agencies that investigated these crimes, along with the prosecution team from the United States Attorney’s Office and the Department of Justice,” said FBI Special Agent in Charge Anthony. “The FBI is committed to investigating hate crimes, including those perpetrated against people motivated by bias toward religion as in this case, or other areas protected by our civil rights statutes.”
This case was investigated by the Cleveland Division of the FBI and was prosecuted by Assistant U.S. Attorneys Thomas Getz and Bridget M. Brennan of the U.S. Attorney’s Office for the Northern District of Ohio and Deputy Chief Kristy Parker of the Civil Rights Division’s Criminal Section. The prosecutor’s and sheriff’s offices from Holmes, Carroll, Jefferson and Trumbull counties also provided significant assistance in the investigation and prosecution of this case.