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Newest first across public DOJ and U.S. Attorney press releases.
Friday 20 December 2024
United States Joins Lawsuit Against Former Executives of Kabbage Inc. Alleging False Claims Act Violations in Connection with Paycheck Protection Program LendingRead the Press Release
The United States has intervened and filed a complaint against Robert Frohwein, Kathryn Petralia and Spencer Robinson, three former executives of Kabbage Inc., a now-bankrupt financial technology company. The United States alleges that they violated the False Claims Act by submitting and causing the submission of false claims for loan forgiveness, loan guarantees and processing fees to the Small Business Administration (SBA) in connection with Kabbage’s participation in the Paycheck Protection Program (PPP).
“The PPP was intended to provide critical assistance to eligible businesses during the economic uncertainty caused by the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to ensuring that PPP lenders — including their executives — are held accountable for contributing to the misuse of PPP funds by knowingly failing to comply with applicable program requirements, including approving PPP loans in inflated amounts and to ineligible borrowers.”
Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, to provide federally guaranteed loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The SBA administered the PPP. The CARES Act authorized private lenders to approve PPP loans for eligible borrowers who could later seek forgiveness of the loans so long as they used loan funds on employee payroll and other eligible expenses. Among other things, participating PPP lenders were required to confirm borrowers’ average monthly payroll costs by reviewing the payroll documentation submitted with the borrower’s application. Lenders were also required to follow applicable Bank Secrecy Act/Anti-Money Laundering requirements to help combat fraud. Any unforgiven or defaulted PPP loans made by lenders were guaranteed by the SBA, so long as the lenders adhered to PPP requirements. Lenders who originated PPP loans were paid a fixed fee calculated as a percentage of the loan amount by the SBA.
According to the government’s complaint, Frohwein and Petralia co-founded Kabbage in 2008 and served as the company’s chief executive officer and president, respectively, while Robinson formerly served as the company’s head of strategy. Kabbage was approved as a PPP lender in 2020 and approved more than $7 billion in PPP loans that year for which the company was paid more than $217 million in processing fees after certifying that it had complied with all applicable lending requirements.
The complaint alleges that, between April and October 2020, the defendants knowingly submitted or caused the submission of false claims for loan guarantees, loan forgiveness and processing fees relating to tens of thousands of PPP loans that were systemically inflated due to calculation errors by Kabbage. These errors allegedly included Kabbage’s double-counting of state and local taxes paid by employees and the failure to exclude annual compensation in excess of $100,000 per employee from its calculation of payroll costs. Additionally, the lawsuit alleges that the defendants knowingly submitted or caused the submission of false claims for processing fees related to tens of thousands of PPP loans where Kabbage failed to implement appropriate fraud controls. The government’s complaint alleges that the defendants ignored these violations to maximize PPP processing fees before selling off the majority of Kabbage’s assets in October 2020.
Kabbage Inc., which is now winding down its operations as KServicing Wind Down Corp. after filing for bankruptcy in the wake of the 2020 asset sale, previously agreed to resolve allegations relating to its role in the submission of false claims to the SBA. As part of that settlement, the United States received a general unsecured claim in the bankruptcy proceeding of up to $120 million, and the company received a credit for $12.5 million that Kabbage returned to SBA during the department’s investigation.
“The PPP was a light providing hope to businesses in the midst of the shadow of a global pandemic,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “Unfortunately, some unscrupulous lenders and executives took advantage of that situation by lining their pockets with ill-gotten incentive payments from processing PPP loans despite not performing even the most cursory fraud checks or reviews of borrower documentation. Individuals who shirked their responsibilities at the expense of the public fisc must be held accountable. This lawsuit against Kabbage’s former executives demonstrates our firm commitment to holding all parties responsible for their part in causing the submission of false claims to the PPP.”
“SBA’s lending partners have a responsibility to ensure only eligible borrowers gain access to SBA’s programs,” said Special Agent in Charge Brady Ipock of the SBA Office of Inspector General (SBA OIG)’s Central Region. “SBA OIG stands ready to support the Justice Department in rooting out greed and wrongful actions. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their support and dedication to pursuing justice in this case.”
The lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Paul Pietschner, a former analyst in Kabbage’s collections department. The FCA permits private parties to file suit on behalf of the United States for false claims and to share in any recovery. The FCA also permits the United States to intervene in such an action, as it has done in this case. A defendant who violates the act is subject to liability for three times the government’s losses, plus applicable penalties.
On May 17, 2021, Attorney General Merrick B. Garland established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across the federal government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Trial Attorney Sarah E. Loucks of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Betty Young for the Eastern District of Texas are handling the matter, with assistance provided by the SBA’s Office of General Counsel and Office of the Inspector General.
The case is captioned United States ex rel. Pietschner v. Kabbage, Inc., et al., No. 4:21-cv-110-SDJ (EDTX).
The claims asserted by the United States are allegations only. There has been no determination of liability.
United States Charges Dual Russian and Israeli National as Developer of LockBit Ransomware GroupRead the Press Release
Note: A copy of the superseding criminal complaint can be found here.
A superseding criminal complaint filed in the District of New Jersey was unsealed today charging a dual Russian and Israeli national for being a developer of the LockBit ransomware group.
In August, Rostislav Panev, 51, a dual Russian and Israeli national, was arrested in Israel pursuant to a U.S. provisional arrest request with a view towards extradition to the United States. Panev is currently in custody in Israel pending extradition on the charges in the superseding complaint.
“The Justice Department’s work going after the world’s most dangerous ransomware schemes includes not only dismantling networks, but also finding and bringing to justice the individuals responsible for building and running them,” said Attorney General Merrick B. Garland. “Three of the individuals who we allege are responsible for LockBit’s cyberattacks against thousands of victims are now in custody, and we will continue to work alongside our partners to hold accountable all those who lead and enable ransomware attacks.”
“The arrest of Mr. Panev reflects the Department's commitment to using all its tools to combat the ransomware threat,” said Deputy Attorney General Lisa Monaco. “We started this year with a coordinated international disruption of LockBit — the most damaging ransomware group in the world. Fast forward to today and three LockBit actors are in custody thanks to the diligence of our investigators and our strong partnerships around the world. This case is a model for ransomware investigations in the years to come.”
“The arrest of alleged developer Rostislav Panev is part of the FBI’s ongoing efforts to disrupt and dismantle the LockBit ransomware group, one of the most prolific ransomware variants across the globe,” said FBI Director Christopher Wray. “The LockBit group has targeted both public and private sector victims around the world, including schools, hospitals, and critical infrastructure, as well as small businesses and multi-national corporations. No matter how hidden or advanced the threat, the FBI remains committed to working with our interagency partners to safeguard the cyber ecosystem and hold accountable those who are responsible for these criminal activities.”
“The criminal complaint alleges that Rostislav Panev developed malware and maintained the infrastructure for LockBit, which was once the world’s most destructive ransomware group and attacked thousands of victims, causing billions of dollars in damage,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Along with our domestic and international law enforcement partner actions to dismantle LockBit’s infrastructure, the Criminal Division has disrupted LockBit’s operations by charging seven of its key members (including affiliates, developers, and its administrator) and arresting three of these defendants — including Panev. We are especially grateful for our partnerships with authorities in Europol, the United Kingdom, France, and Israel, which show that, when likeminded countries work together, cybercriminals will find it harder to escape justice.”
“As alleged by the complaint, Rostislav Panev for years built and maintained the digital weapons that enabled his LockBit coconspirators to wreak havoc and cause billions of dollars in damage around the world,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “But just like the six other LockBit members previously identified and charged by this office and our FBI and Criminal Division partners, Panev could not remain anonymous and avoid justice indefinitely. He must now answer for his crimes. Today’s announcement represents another blow struck by the United States and our international partners against the LockBit organization, and our efforts will continue relentlessly until the group is fully dismantled and its members brought to justice.”
According to the superseding complaint, documents filed in this and related cases, and statements made in court, Panev acted as a developer of the LockBit ransomware group from its inception in or around 2019 through at least February 2024. During that time, Panev and his LockBit coconspirators grew LockBit into what was, at times, the most active and destructive ransomware group in the world. The LockBit group attacked more than 2,500 victims in at least 120 countries around the world, including 1,800 in the United States. Their victims ranged from individuals and small businesses to multinational corporations, including hospitals, schools, nonprofit organizations, critical infrastructure, and government and law-enforcement agencies. LockBit’s members extracted at least $500 million in ransom payments from their victims and caused billions of dollars in other losses, including lost revenue and costs from incident response and recovery.
LockBit’s members comprised “developers,” like Panev, who designed the LockBit malware code and maintained the infrastructure on which LockBit operated. LockBit’s other members, called “affiliates,” carried out LockBit attacks and extorted ransom payments from LockBit victims. LockBit’s developers and affiliates would then split ransom payments extorted from victims.
As alleged in the superseding complaint, at the time of Panev’s arrest in Israel in August, law enforcement discovered on Panev’s computer administrator credentials for an online repository that was hosted on the dark web and stored source code for multiple versions of the LockBit builder, which allowed LockBit’s affiliates to generate custom builds of the LockBit ransomware malware for particular victims. On that repository, law enforcement also discovered source code for LockBit’s StealBit tool, which helped LockBit affiliates exfiltrate data stolen through LockBit attacks. Law enforcement also discovered access credentials for the LockBit control panel, an online dashboard maintained by LockBit developers for LockBit’s affiliates and hosted by those developers on the dark web.
The superseding complaint also alleges that Panev exchanged direct messages through a cybercriminal forum with LockBit’s primary administrator, who, in an indictment unsealed in the District of New Jersey in May, the United States alleged to be Dimitry Yuryevich Khoroshev (Дмитрий Юрьевич Хорошев), also known as LockBitSupp, LockBit, and putinkrab. In those messages, Panev and the LockBit primary administrator discussed work that needed to be done on the LockBit builder and control panel.
Court documents further indicate that, between June 2022 and February 2024, the primary LockBit administrator made a series of transfers of cryptocurrency, laundered through one or more illicit cryptocurrency mixing services, of approximately $10,000 per month to a cryptocurrency wallet owned by Panev. Those transfers amounted to over $230,000 during that period.
In interviews with Israeli authorities following his arrest in August, Panev admitted to having performed coding, development, and consulting work for the LockBit group and to having received regular payments in cryptocurrency for that work, consistent with the transfers identified by U.S. authorities. Among the work that Panev admitted to having completed for the LockBit group was the development of code to disable antivirus software; to deploy malware to multiple computers connected to a victim network; and to print the LockBit ransom note to all printers connected to a victim network. Panev also admitted to having written and maintained LockBit malware code and to having provided technical guidance to the LockBit group.
The LockBit Investigation
The superseding complaint against, and apprehension of, Panev follows a disruption of LockBit ransomware in February by the United Kingdom (U.K.)’s National Crime Agency (NCA)’s Cyber Division, which worked in cooperation with the Justice Department, FBI, and other international law enforcement partners. As previously announced by the Department, authorities disrupted LockBit by seizing numerous public-facing websites used by LockBit to connect to the organization’s infrastructure and by seizing control of servers used by LockBit administrators, thereby disrupting the ability of LockBit actors to attack and encrypt networks and extort victims by threatening to publish stolen data. That disruption succeeded in greatly diminishing LockBit’s reputation and its ability to attack further victims, as alleged by documents filed in this case.
The superseding complaint against Panev also follows charges brought in the District of New Jersey against other LockBit members, including its alleged primary creator, developer, and administrator, Dmitry Yuryevich Khoroshev. An indictment against Khoroshev unsealed in May alleges that Khoroshev began developing LockBit as early as September 2019, continued acting as the group’s administrator through 2024, a role in which Khoroshev recruited new affiliate members, spoke for the group publicly under the alias “LockBitSupp,” and developed and maintained the infrastructure used by affiliates to deploy LockBit attacks. Khoroshev is currently the subject of a reward of up to $10 million through the U.S. Department of State’s Transnational Organized Crime (TOC) Rewards Program, with information accepted through the FBI tip website at www.tips.fbi.gov/.
A total of seven LockBit members have now been charged in the District of New Jersey. Beyond Panev and Khoroshev, other previously charged LockBit defendants include:
- In July, two LockBit affiliate members, Mikhail Vasiliev, also known as Ghostrider, Free, Digitalocean90, Digitalocean99, Digitalwaters99, and Newwave110, and Ruslan Astamirov, also known as BETTERPAY, offtitan, and Eastfarmer, pleaded guilty in the District of New Jersey for their participation in the LockBit ransomware group and admitted deploying multiple LockBit attacks against U.S. and foreign victims. Vasiliev and Astamirov are presently in custody awaiting sentencing.
- In February, in parallel with the disruption operation described above, an indictment was unsealed in the District of New Jersey charging Russian nationals Artur Sungatov and Ivan Kondratyev, also known as Bassterlord, with deploying LockBit against numerous victims throughout the United States, including businesses nationwide in the manufacturing and other industries, as well as victims around the world in the semiconductor and other industries. Sungatov and Kondratyev remain at large.
- In May 2023, two indictments were unsealed in Washington, D.C., and the District of New Jersey charging Mikhail Matveev, also known as Wazawaka, m1x, Boriselcin, and Uhodiransomwar, with using different ransomware variants, including LockBit, to attack numerous victims throughout the United States, including the Washington, D.C., Metropolitan Police Department. Matveev remains at large and is currently the subject of a reward of up to $10 million through the U.S. Department of State’s TOC Rewards Program, with information accepted through the FBI tip website at www.tips.fbi.gov/.
The U.S. Department of State’s TOC Rewards Program is offering rewards of:
- Up to $10 million for information leading to the arrest and/or conviction in any country of Khoroshev;
- Up to $10 million for information leading to the arrest and/or conviction of Matveev;
- Up to $10 million for information leading to the identification and location of any individuals who hold a key leadership position in LockBit; and
- Up to $5 million for information leading to the arrest and/or conviction in any country of any individual participating or attempting to participate in LockBit.
Information is accepted through the FBI tip website at tips.fbi.gov.
Khoroshev, Matveev, Sungatov, and Kondratyev have also been designated for sanctions by the Department of the Treasury’s Office of Foreign Assets Control for their roles in launching cyberattacks.
Victim Assistance
LockBit victims are encouraged to contact the FBI and submit information at www.ic3.gov/. As announced by the Department in February, law enforcement, through its disruption efforts, has developed decryption capabilities that may enable hundreds of victims around the world to restore systems encrypted using the LockBit ransomware variant. Submitting information at the IC3 site will enable law enforcement to determine whether affected systems can be successfully decrypted.
LockBit victims are also encouraged to visit www.justice.gov/usao-nj/lockbit for case updates and information regarding their rights under U.S. law, including the right to submit victim impact statements and request restitution, in the criminal litigation against Panev, Astamirov, and Vasiliev.
The FBI Newark Field Office, under the supervision of Acting Special Agent in Charge Nelson I. Delgado, is investigating the LockBit ransomware variant. Israel’s Office of the State Attorney, Department of International Affairs, and Israel National Police; France’s Gendarmerie Nationale Cyberspace Command, Paris Prosecution Office — Cyber Division, and judicial authorities at the Tribunal Judiciare of Paris; Europol; Eurojust; the U.K.’s NCA; Germany’s Landeskriminalamt Schleswig-Holstein, Bundeskriminalamt, and the Central Cybercrime Department North Rhine-Westphalia; Switzerland’s Federal Office of Justice, Public Prosecutor’s Office of the Canton of Zurich, and Zurich Cantonal Police; Spain’s Policia Nacional and Guardia Civil; Japan’s National Police Agency; Australian Federal Police; Sweden’s Polismyndighetens; Canada’s Royal Canadian Mounted Police; Politie Dienst Regionale Recherche Oost-Brabant of the Netherlands; and Finland’s National Bureau of Investigation have provided significant assistance and coordination in these matters and in the LockBit investigation generally.
Trial Attorneys Debra Ireland and Jorge Gonzalez of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorneys Andrew M. Trombly, David E. Malagold, and Vinay Limbachia for the District of New Jersey are prosecuting the charges against Panev and the other previously charged LockBit defendants in the District of New Jersey.
The Justice Department’s Cybercrime Liaison Prosecutor to Eurojust, Office of International Affairs, and National Security Division also provided significant assistance.
Additional details on protecting networks against LockBit ransomware are available at StopRansomware.gov. These include Cybersecurity and Infrastructure Security Agency Advisories AA23-325A, AA23-165A, and AA23-075A.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Christopher R. Kavanaugh Steps DownRead the Press Release
CHARLOTTESVILLE, Va. – Christopher R. Kavanaugh announced today that he will step down as the United States Attorney for the Western District of Virginia, resigning from the Department of Justice, effective Friday, December 20, 2024 at 11:59 p.m. after serving more than three years in office.
“Four years ago, Chris Kavanaugh was one of the first people I brought in to join the Office of the Deputy Attorney General because of his experience within the Department and his leadership on national security issues,” said Deputy Attorney General Lisa Monaco. “Throughout his distinguished career – at Main Justice, as an Assistant U.S. Attorney in the District of Columbia and the Western District of Virginia, and as United States Attorney – Chris has served the Department and his fellow Virginians with integrity and tenacity. I am grateful for his service.”
Mr. Kavanaugh was sworn in by Deputy Attorney General Monaco on October 7, 2021, after having been unanimously confirmed by the United States Senate. Mr. Kavanaugh was later appointed to be a member of the Attorney General’s Advisory Committee, a group that advises the Attorney General and Deputy Attorney General on emerging policy issues facing the Department and the United States Attorney community. Mr. Kavanaugh also chaired the AGAC’s National Security Subcommittee, which supported the Department’s enhanced focus on investigations and prosecutions of malign foreign influence and nation state threats.
“Chris Kavanaugh has been an incredible partner for ATF and a national leader in the fight against violent crime. He has worked side-by-side with law enforcement to bring impactful cases, prosecute dangerous criminals, and lead in the innovative use of Crime Gun Intelligence to make Virginia, and this Nation, safer,” said Steven M. Dettelbach, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
During his tenure, Mr. Kavanaugh led the U.S. Attorney’s Office through a transitional period, expanding its footprint, hiring a record number of federal prosecutors and staff, and spearheading ground-breaking criminal and affirmative civil enforcements.
“Every day, the public servants of United States Attorney’s Office for the Western District of Virginia work to make the District – and our Nation – a safer and better place for us all,” United States Attorney Kavanaugh said today. “It has been the honor of my life to lead this team of selfless individuals who are so dedicated to fairness, the rule of law, and doing what is right. I know that WDVA will continue to make an outsized impact as citizens of the Justice Department, and I look forward to its future.
I thank President Biden for nominating me, Senators Mark Warner and Tim Kaine for their recommendation, and Attorney General Garland and Deputy Attorney General Monaco for leading the Department and supporting the United States Attorney community during my tenure. It has been an honor to serve the American people.”
Under Mr. Kavanaugh’s leadership, the Western District of Virginia has achieved notable successes in numerous complex criminal and civil cases. For example:
United States v. McKinsey & Company
For the first time ever, a management consulting firm was held criminally responsible for advice resulting in the commission of a crime by a client, Purdue Pharma, the makers of OxyContin. McKinsey & Company agreed to pay $650 million to resolve criminal and civil investigations into the firm’s consulting work, including a 2013 engagement with Purdue Pharma which McKinsey advised on steps to ‘turbocharge’ sales of OxyContin. A former senior partner at McKinsey & Company also agreed to plead guilty to one felony count of obstruction of justice for deleting Purdue related documents in an attempt to obstruct future investigations.
United States v. Envigo
In 2024, the Western District of Virginia obtained criminal convictions of Envigo, a biotechnology company dedicated to breeding animals for medical research with locations throughout North America. WDVA’s investigation revealed that Envigo was mistreating animals in violation of the Animal Welfare Act and polluting waterways in violation of the Clean Water Act. After a federal search warrant was executed, the Justice Department secured the surrender of over 4,000 beagles from an Envigo facility in Cumberland, Virginia. Envigo pled guilty to violating the Animal Welfare Act and the Clean Water Act, agreeing to pay more than $35 million in criminal penalties and fines – a record for any prosecution under the Animal Welfare Act.
The Killing of Big Stone Gap Police Officer Michael Chandler
Tragedy struck the small town of Big Stone Gap, Virginia in the early morning hours of November 13, 2021, when Big Stone Gap Police Officer Michael Chandler was murdered while responding to a disturbance call. The United States Attorney’s Office for WDVA brought federal charges against not only the person who shot and killed Chandler, Michael Donivan White, but also 18 other defendants who were a part of a methamphetamine trafficking conspiracy. Over the last few years, every single defendant has been convicted. White is scheduled to be sentenced in February 2025 and faces between 40- and 100-years’ incarceration.
The Bribery Trial of Sheriff Scott Jenkins
This week, a federal jury in the Charlottesville Division of WDVA returned guilty verdicts on all counts against former Culpeper County Sheriff Scott Jenkins. Jenkins had accepted numerous cash bribes and bribes in the form of campaign contributions from at least eight different people – one of whom he believed to be a felon – in exchange for appointing them as Auxiliary Deputy Sheriffs. A jury found Jenkins guilty of bribery, honest services fraud, and conspiracy after a trial and he will be sentenced in March 2025.
District Transformation
In addition to the case work victories, under Mr. Kavanaugh’s leadership, the U.S Attorney’s Office itself has transformed. Offices in Abingdon and Charlottesville have expanded, and the Office was awarded a nearly 20% increase in Assistant United States Attorneys, expanding the level of federal prosecutors to their highest levels in history. In a challenging budget climate, Mr. Kavanaugh has also made strides to modernize the Office’s capabilities to process voluminous amounts of documents for its more sophisticated prosecutions.
“On behalf of FBI Richmond, I sincerely thank Chris Kavanaugh for his service as U.S. Attorney. His unwavering commitment to justice and his exceptional partnership have been instrumental in advancing our shared mission of keeping Virginia safe. Chris’ leadership and collaboration have made a profound impact, and we deeply appreciate his dedication to ensuring the rule of law prevails,” said Stanley M. Meador, Special Agent in Charge of the FBI Richmond Division.
“U.S. Attorney Kavanaugh’s leadership and vision have been instrumental in our initiatives to safeguard the health and safety of the citizens of Western Virginia. His determination in developing effective judicial strategies have contributed to the dismantling of many drug-trafficking networks and significantly mitigating this threat to our communities. We extend our best wishes to him in his future endeavors,” said Jarod Forget, Special Agent in Charge of the Drug Enforcement Administration’s Washington Division.
Prior to his time as United States Attorney, Mr. Kavanaugh was an Assistant United States Attorney for 14 years, having served in United States Attorney’s Offices for both the Western District of Virginia and the District of Columbia. During his career, Mr. Kavanaugh directed numerous multi-agency investigations and prosecutions, with a focus on national security, white-collar crime, civil rights, and violent crimes involving racketeering and homicides. In WDVA, he served as the District’s chief national security prosecutor and Senior Litigation Counsel. Among other matters, he led the Department’s investigations and prosecutions into the Unite the Right riots of August 2017 in Charlottesville, Virginia. Just prior to his confirmation, Mr. Kavanaugh was Senior Counsel to Deputy Attorney General Lisa O. Monaco at the U.S. Department of Justice in Washington, D.C.
U.S. Charges Dual Russian and Israeli National as Developer of Lockbit Ransomware GroupRead the Press Release
Defendant Rostislav Panev in Custody Pending Extradition from Israel to the United States
NEWARK, N.J. – A superseding criminal complaint filed in the District of New Jersey was unsealed today charging a dual Russian and Israeli national for being a developer of the LockBit ransomware group, U.S. Attorney Philip R. Sellinger announced.
In August, Rostislav Panev, 51, a dual Russian and Israeli national, was arrested in Israel pursuant to a U.S. provisional arrest request with a view towards extradition to the United States. Panev is currently in custody in Israel pending extradition on the charges lodged in the superseding complaint.
“As alleged by the complaint, Rostislav Panev for years built and maintained the digital weapons that enabled his LockBit coconspirators to wreak havoc and cause billions of dollars in damage around the world. But just like the six other LockBit members previously identified and charged by this office and our FBI and Criminal Division partners, Panev could not remain anonymous and avoid justice indefinitely. He must now answer for his crimes. Today’s announcement represents another blow struck by the United States and our international partners against the LockBit organization, and our efforts will continue relentlessly until the group is fully dismantled and its members brought to justice.”
U.S. Attorney Philip R. Sellinger
“The Justice Department’s work going after the world’s most dangerous ransomware schemes includes not only dismantling networks, but also finding and bringing to justice the individuals responsible for building and running them,” said Attorney General Merrick B. Garland. “Three of the individuals who we allege are responsible for LockBit’s cyberattacks against thousands of victims are now in custody, and we will continue to work alongside our partners to hold accountable all those who lead and enable ransomware attacks.”
“The arrest of Mr. Panev reflects the Department's commitment to using all its tools to combat the ransomware threat,” said Deputy Attorney General Lisa Monaco. “We started this year with a coordinated international disruption of LockBit — the most damaging ransomware group in the world. Fast forward to today and three LockBit actors are in custody thanks to the diligence of our investigators and our strong partnerships around the world. This case is a model for ransomware investigations in the years to come.”
“The arrest of alleged developer Rostislav Panev is part of the FBI’s ongoing efforts to disrupt and dismantle the LockBit ransomware group, one of the most prolific ransomware variants across the globe,” said FBI Director Christopher Wray. “The LockBit group has targeted both public and private sector victims around the world, including schools, hospitals, and critical infrastructure, as well as small businesses and multi-national corporations. No matter how hidden or advanced the threat, the FBI remains committed to working with our interagency partners to safeguard the cyber ecosystem and hold accountable those who are responsible for these criminal activities.”
“The criminal complaint alleges that Rotislav Panev developed malware and maintained the infrastructure for LockBit, which was once the world’s most destructive ransomware group and attacked thousands of victims, causing billions of dollars in damage,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Along with our domestic and international law enforcement partner actions to dismantle LockBit’s infrastructure, the Criminal Division has disrupted LockBit’s operations by charging seven of its key members (including affiliates, developers, and its administrator) and arresting three of these defendants — including Panev. We are especially grateful for our partnerships with authorities in Europol, the United Kingdom, France, and Israel, which show that, when likeminded countries work together, cybercriminals will find it harder to escape justice.”
“For five years, Panev helped to grow LockBit into a ransomware machine of deception and extortion,” said Acting Special Agent in Charge Nelson I. Delgado of the FBI Newark Field Office. “His reach was far and wide but FBI Newark and our international law enforcement partners were able to disrupt his reign. Panev’s arrest marks a victory against these conspirators, and is a step towards upholding justice and neutralizing these criminals.”
According to the superseding complaint, documents filed in this and related cases, and statements made in court, Panev acted as a developer of the LockBit ransomware group from its inception in or around 2019 through at least February 2024. During that time, Panev and his LockBit coconspirators grew LockBit into what was, at times, the most active and destructive ransomware group in the world. The LockBit group attacked more than 2,500 victims in at least 120 countries around the world, including 1,800 in the United States. Their victims ranged from individuals and small businesses to multinational corporations, including hospitals, schools, nonprofit organizations, critical infrastructure, and government and law-enforcement agencies. LockBit’s members extracted at least $500 million in ransom payments from their victims and caused billions of dollars in other losses, including lost revenue and costs from incident response and recovery.
LockBit’s members comprised “developers,” like Panev, who designed the LockBit malware code and maintained the infrastructure on which LockBit operated. LockBit’s other members, called “affiliates,” carried out LockBit attacks and extorted ransom payments from LockBit victims. LockBit’s developers and affiliates would then split ransom payments extorted from victims.
As alleged in the superseding complaint, at the time of Panev’s arrest in Israel in August, law enforcement discovered on Panev’s computer administrator credentials for an online repository that was hosted on the dark web and stored source code for multiple versions of the LockBit builder, which allowed LockBit’s affiliates to generate custom builds of the LockBit ransomware malware for particular victims. On that repository, law enforcement also discovered source code for LockBit’s StealBit tool, which helped LockBit affiliates exfiltrate data stolen through LockBit attacks. Law enforcement also discovered access credentials for the LockBit control panel, an online dashboard maintained by LockBit developers for LockBit’s affiliates and hosted by those developers on the dark web.
The superseding complaint also alleges that Panev exchanged direct messages through a cybercriminal forum with LockBit’s primary administrator, who, in an indictment unsealed in the District of New Jersey in May, the United States alleged to be Dimitry Yuryevich Khoroshev (Дмитрий Юрьевич Хорошев), also known as LockBitSupp, LockBit, and putinkrab. In those messages, Panev and the LockBit primary administrator discussed work that needed to be done on the LockBit builder and control panel.
Court documents further indicate that, between June 2022 and February 2024, the primary LockBit administrator made a series of transfers of cryptocurrency, laundered through one or more illicit cryptocurrency mixing services, of approximately $10,000 per month to a cryptocurrency wallet owned by Panev. Those transfers amounted to over $230,000 during that period.
In interviews with Israeli authorities following his arrest in August, Panev admitted to having performed coding, development, and consulting work for the LockBit group and to having received regular payments in cryptocurrency for that work, consistent with the transfers identified by U.S. authorities. Among the work that Panev admitted to having completed for the LockBit group was the development of code to disable antivirus software; to deploy malware to multiple computers connected to a victim network; and to print the LockBit ransom note to all printers connected to a victim network. Panev also admitted to having written and maintained LockBit malware code and to having provided technical guidance to the LockBit group.
The LockBit Investigation
The superseding complaint against, and apprehension of, Panev follows a disruption of LockBit ransomware in February by the U.K. National Crime Agency (NCA)’s Cyber Division, which worked in cooperation with the Justice Department, FBI, and other international law enforcement partners. As previously announced by the Department, authorities disrupted LockBit by seizing numerous public-facing websites used by LockBit to connect to the organization’s infrastructure and by seizing control of servers used by LockBit administrators, thereby disrupting the ability of LockBit actors to attack and encrypt networks and extort victims by threatening to publish stolen data. That disruption succeeded in greatly diminishing LockBit’s reputation and its ability to attack further victims, as alleged by documents filed in this case.
The superseding complaint against Panev also follows charges brought in the District of New Jersey against other LockBit members, including its alleged primary creator, developer, and administrator, Dmitry Yuryevich Khoroshev. An indictment against Khoroshev unsealed in May alleges that Khoroshev began developing LockBit as early as September 2019, continued acting as the group’s administrator through 2024, a role in which Khoroshev recruited new affiliate members, spoke for the group publicly under the alias “LockBitSupp,” and developed and maintained the infrastructure used by affiliates to deploy LockBit attacks. Khoroshev is currently the subject of a reward of up to $10 million through the U.S. Department of State’s Transnational Organized Crime (TOC) Rewards Program, with information accepted through the FBI tip website at www.tips.fbi.gov/.
A total of seven LockBit members have now been charged in the District of New Jersey. Beyond Panev and Khoroshev, other previously charged LockBit defendants include:
- In July, two LockBit affiliate members, Mikhail Vasiliev, also known as Ghostrider, Free, Digitalocean90, Digitalocean99, Digitalwaters99, and Newwave110, and Ruslan Astamirov, also known as BETTERPAY, offtitan, and Eastfarmer, pleaded guilty in the District of New Jersey for their participation in the LockBit ransomware group and admitted deploying multiple LockBit attacks against U.S. and foreign victims. Vasiliev and Astamirov are presently in custody awaiting sentencing.
- In February, in parallel with the disruption operation described above, an indictment was unsealed in the District of New Jersey charging Russian nationals Artur Sungatov and Ivan Kondratyev, also known as Bassterlord, with deploying LockBit against numerous victims throughout the United States, including businesses nationwide in the manufacturing and other industries, as well as victims around the world in the semiconductor and other industries. Sungatov and Kondratyev remain at large.
- In May 2023, two indictments were unsealed in Washington, D.C., and the District of New Jersey charging Mikhail Matveev, also known as Wazawaka, m1x, Boriselcin, and Uhodiransomwar, with using different ransomware variants, including LockBit, to attack numerous victims throughout the United States, including the Washington, D.C., Metropolitan Police Department. Matveev remains at large and is currently the subject of a reward of up to $10 million through the U.S. Department of State’s TOC Rewards Program, with information accepted through the FBI tip website at www.tips.fbi.gov/.
The U.S. Department of State’s Transnational Organized Crime (TOC) Rewards Program is offering rewards of:
- Up to $10 million for information leading to the arrest and/or conviction in any country of Khoroshev;
- Up to $10 million for information leading to the arrest and/or conviction of Matveev;
- Up to $10 million for information leading to the identification and location of any individuals who hold a key leadership position in LockBit; and
- Up to $5 million for information leading to the arrest and/or conviction in any country of any individual participating or attempting to participate in LockBit.
Information is accepted through the FBI tip website at tips.fbi.gov.
Khoroshev, Matveev, Sungatov, and Kondratyev have also been designated for sanctions by the Department of the Treasury’s Office of Foreign Assets Control for their roles in launching cyberattacks.
Victim Assistance
LockBit victims are encouraged to contact the FBI and submit information at www.ic3.gov. As announced by the Department in February, law enforcement, through its disruption efforts, has developed decryption capabilities that may enable hundreds of victims around the world to restore systems encrypted using the LockBit ransomware variant. Submitting information at the IC3 site will enable law enforcement to determine whether affected systems can be successfully decrypted.
LockBit victims are also encouraged to visit www.justice.gov/usao-nj/lockbit for case updates and information regarding their rights under U.S. law, including the right to submit victim impact statements and request restitution, in the criminal litigation against Panev, Astamirov, and Vasiliev.
The FBI Newark Field Office, under the supervision of Acting Special Agent in Charge Nelson I. Delgado, is investigating the LockBit ransomware variant. Israel’s Office of the State Attorney, Department of International Affairs, and Israel National Police; France’s Gendarmerie Nationale Cyberspace Command, Paris Prosecution Office — Cyber Division, and judicial authorities at the Tribunal Judiciare of Paris; Europol; Eurojust; the United Kingdom’s National Crime Agency; Germany’s Landeskriminalamt Schleswig-Holstein, Bundeskriminalamt, and the Central Cybercrime Department North Rhine-Westphalia; Switzerland’s Federal Office of Justice, Public Prosecutor’s Office of the Canton of Zurich, and Zurich Cantonal Police; Spain’s Policia Nacional and Guardia Civil; Japan’s National Police Agency; Australian Federal Police; Sweden’s Polismyndighetens; Canada’s Royal Canadian Mounted Police; Politie Dienst Regionale Recherche Oost-Brabant of the Netherlands; and Finland’s National Bureau of Investigation have provided significant assistance and coordination in these matters and in the LockBit investigation generally.
Assistant U.S. Attorneys Andrew M. Trombly, David E. Malagold, and Vinay Limbachia for the District of New Jersey and Trial Attorneys Debra Ireland and Jorge Gonzalez of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) are prosecuting the charges against Panev and the other previously charged LockBit defendants in the District of New Jersey.
The Justice Department’s Cybercrime Liaison Prosecutor to Eurojust, Office of International Affairs, and National Security Division also provided significant assistance.
Additional details on protecting networks against LockBit ransomware are available at StopRansomware.gov. These include Cybersecurity and Infrastructure Security Agency Advisories AA23-325A, AA23-165A, and AA23-075A.
The charges and allegations contained in the superseding complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Frank Arleo, Esq.
panev.supersedingcomplaint.pdfU.S. Attorney’s Office for the Eastern District of Washington Highlights Key 2024 Prosecutions of Crimes Against ChildrenRead the Press Release
Spokane, Washington – U.S. Attorney Vanessa R. Waldref, highlighted several prosecutions involving crimes against children in Eastern Washington during the last year. “Cases involving the abuse of young children are some of the most difficult matters that my office handles,” stated U.S. Attorney Waldref. “It is my honor to lead such a talented team of prosecutors and investigators, who work tirelessly to achieve justice on behalf of vulnerable victims.”
The U.S. Attorney’s Office brings these cases in federal court through its partnership with the Internet Crimes Against Children Task Force Program (ICAC). The ICAC program – which was developed in response to an ever-increasing number of children and an ever-increasing number of online images depicting child sexual abuse – provides funding to help state and local law enforcement develop an effective response to technology-facilitated child sexual exploitation and Internet crimes against children. The ICAC program also provides forensic and investigative components, training and technical assistance, victim services, and community education.
“Without the dedication of our state and local partners through the ICAC, many of those responsible for these terrible crimes may not have been held to account,” said U.S. Attorney Waldref.
In remarks shared from the U.S. Attorney’s Office, U.S. Attorney Waldref highlighted the following child exploitation cases prosecuted by her office in the past year:
- Michael Emineth and Malesa Hale engaged in years-long sexual abuse of a minor victim and recorded images depicting the abuse. In January 2024, Emineth was sentenced to 30 years, and Hale was sentenced to 28 years in federal prison.
- Robert Wayne Hutton placed a camera, hidden in a clock radio, on a bathroom counter in order to secretly film his victim undressing. The camera was wirelessly linked to Hutton’s smartphone, which Hutton used to view the recordings. In March 2024, Hutton was sentenced to 20 years in federal prison.
- Rick Lynn Johnson used his phone and computer to download and share thousands of images and videos depicting child sexual abuse. In May 2024, Johnson was sentenced to 5 years in prison and ordered to pay $60,000 in restitution to seven of his victims.
- Dallas Michael Shuler worked at Riverside Elementary School. According to court documents, he allegedly admitted to conversing with more than two dozen minors regarding sexual content, including by sharing and trading sexually explicit pictures and videos. In December 2024, Shuler was charged with producing and distributing child sexual abuse material and online enticement.
- Gerald Alan Nott, who is a registered sex offender, was using the internet at his parent’s home in Richland, Washington to download and distribute more than 1,000 files depicting child sexual abuse material. In August 2024, Nott was sentenced to 15 years in prison.
- Lucas Murphy contacted his victim online and asked the victim to send sexually explicit photos. Murphy later kidnapped the victim from Eastern Washington and subjected her to repeated physical and sexual abuse. In August 2024, he received a 20 year sentence.
- Former law enforcement officer, Koby Don Williams attempted to meet, what he thought, was a 13-year-old girl for sex at a hotel in Richland, Washington. Williams was found guilty at trial, and in September 2024, was sentenced to more than 11 years in federal Prison.
- Tony J. Bolen and Casey Allen Greer worked together to produce child sexual abuse material of a young child that Greer had been sexually abusing since as early as May 2021. In December 2024 both were found guilty at trial. The sentencing for Bolen and Greer is set for April 23, 2025, in Spokane, Washington.
- Nathan Roy Stout downloaded hundreds of files of child sexual abuse material. At the time of his offense, Stout was serving a sentence for committing a similar crime in 2018. For his latest offense, Stout was sentenced to 15 years in federal prison.
- Craig Michael Berry repeatedly enticed young teens to send him nude images and videos of sexual conduct in exchange for alcohol, vape pens, cartridges for the pens, and marijuana. In December of 2024, Berry was sentenced to 20 years in federal prison.
“These examples demonstrate the Department of Justice’s commitment to prosecuting difficult cases,” stated U.S. Attorney Waldref. “We will continue to work every day, alongside our partners in the ICAC Task Force, to prevent horrific victimization of children, protect victims, and remove dangerous offenders from our community.”
These cases reference herein were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
U.S. Attorney’s Office and FBI Announce Second Superseding Indictment, Bringing Additional Kidnapping and Assault Charges Against Serial Murderer, Kidnapper, and Sexual Abuser Labar TsethlikaiRead the Press Release
ALBUQUERQUE – Federal prosecutors have filed six additional charges against Labar Tsethlikai for kidnapping and assault with a dangerous weapon. The additional charges are part of a larger series of violent crimes committed by Tsethlikai against Native American men across New Mexico between 2022 and 2024. The added charges correspond to 5 additional victims.
Labar Tsethlikai, 51, an enrolled Member of Zuni Pueblo, now faces a 17-count second superseding indictment charging him with five additional counts of kidnapping and one count of assault with a dangerous weapon as follows:
- Count 5: Kidnapping of John Doe 3 on or about May 19, 2023, in Indian Country, McKinley County, New Mexico
- Count 11: Kidnapping of John Doe 6 on or about August 24, 2023, in Indian Country, McKinley County, New Mexico
- Count 12: Assault with a dangerous weapon (baseball bat) against John Doe 6 on or about August 24, 2023, in Indian Country, McKinley County, New Mexico
- Count 13: Kidnapping of John Doe 7 on or about September 7, 2023, in Indian Country, McKinley County, New Mexico
- Count 14: Kidnapping of John Doe 8 on or about September 15, 2023, in Indian Country, McKinley County, New Mexico
- Count 16: Kidnapping of John Doe 10 on or about April 5, 2024, in Bernalillo County, New Mexico
In total, the second superseding indictment identifies 11 victims of Tsethlikai. The investigation is ongoing.
Tsethlikai was initially charged with second degree murder on April 25, 2024. On July 31, 2024, a federal grand jury charged Tsethlikai in an 11-count superseding indictment with two counts of kidnapping resulting in death, one count of first-degree murder, one count of first-degree felony murder, four counts of kidnapping, one count assault with intent to commit murder, one count of assault resulting in serious bodily injury, and one count of aggravated sexual abuse:
- Count 1: On October 22, 2022, Tsethlikai allegedly kidnapped and murdered John Doe 1.
- Count 2: On January 18, 2024, Tsethlikai allegedly murdered John Doe 2 willfully, deliberately, maliciously, and with premeditation.
- Count 3: On January 18, 2024, Tsethlikai allegedly killed John Doe 2 during the commission of a kidnapping and sexual abuse.
- Count 4: On January 18, 2024, Tsethlikai allegedly kidnapped John Doe 2 and death resulted.
- Count 6: On June 15, 2023, Tsethlikai allegedly kidnapped John Doe 4.
- Count 7: On June 15, 2023, Tsethlikai allegedly assaulted John Doe 4 with the specific intent to commit murder.
- Count 8: On June 15, 2023, Tsethlikai allegedly assaulted John Doe 4, and the assault resulted in serious bodily injury.
- Count 9: On July 13, 2023, Tsethlikai kidnapped John Doe 5.
- Count 10: On July 13, 2023, Tsethlikai allegedly sexually abused John Doe 5 by force and threats, and the sexual act consisted of contact between the penis of Tsethlikai and the mouth of John Doe 5.
- Count 15: On February 16, 2024, Tsethlikai allegedly kidnapped John Doe 9 using interstate facilities and instrumentalities.
- Count 17: On April 11, 2024, Tsethlikai allegedly kidnapped John Doe 11 using interstate facilities and instrumentalities.
If convicted, Tsethlikai faces a mandatory life sentence or death for the kidnapping resulting in death and first-degree murder charges, up to twenty years imprisonment on the assault with intent to murder charge, up to ten years imprisonment on the assault resulting in serious bodily injury charge, and any number of years up to life for the kidnapping and aggravated sexual abuse charges.
U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office, led by Special Agent Mark Stephenson, is investigating this case with assistance from the Albuquerque Police Department’s Homicide Unit, Sex Crimes Unit, and Air Support Unit. Assistant United States Attorneys Matthew J. McGinley and Mark A. Probasco are prosecuting the case, with victim support provided by the FBI’s Victim Services Division, the United States Attorney’s Office Victim Witness Unit, and Utah Navajo Health Systems, Inc., Victim Services.
The FBI continues to investigate Tsethlikai’s involvement in crimes against other victims. If you have reason to believe you or someone you know may be a victim, or have information about Tsethlikai, please call the FBI at (505) 889-1300 or submit tips online at tips.fbi.gov.
Labar Tsethlikai is approximately 5’7” and weighs 180 pounds. He is heavyset, has short brown hair, brown eyes, and wears glasses. He sometimes wears a gold bracelet. He is from Zuni, but travels extensively around New Mexico, including Gallup, Albuquerque, and Santa Fe. He is believed to work in the Native American jewelry industry and may be a Zuni jewely artist.
This case is part of the Department of Justice’s Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which aims to aid in the prevention and response to missing or murdered Indigenous people through the resolution of MMIP cases and communication, coordination, and collaboration with federal, Tribal, state, and local partners. The Department views this work as a priority for its law enforcement components. Through the MMIP Regional Outreach Program, a broad spectrum of stakeholders work together to identify MMIP cases and issues in Tribal communities and develop comprehensive solutions to address them. This prosecution upholds the Department’s mission to the unwavering pursuit of justice on behalf of Indigenous victims and their families.
View the Second Superseding Indictment (Tsethlikai).pdf# # #
U.S. Attorney, FBI Announce Federal Charges Against Arizona Man for Sexual AbuseRead the Press Release
ALBUQUERQUE – A Whiteriver man has been charged with two counts of sexual abuse.
The indictment alleges that between August 1, 2021, and August 31, 2021, Fernando Yatsatie, Jr., 47, a member of the Zuni Pueblo, unlawfully engaged in and attempted to engage in sexual acts using threats and intimidation.
Yatsatie will remain in custody pending trial, which has not been scheduled. If convicted, Yatsatie faces any term of years up to life in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
View the Indictment (Yatsatie).pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney's Office Secures Guilty Plea from Albuquerque Man for Production of Child Sexual Abuse MaterialRead the Press Release
ALBUQUERQUE – An Albuquerque man pleaded guilty to federal charges of production of child sexual abuse materials, admitting to creating illicit content and using social media to lure minors for sexual exploitation.
According to court documents, Kevin Vallo, 40, used the social media messaging app Telegram to communicate with a 13-year-old victim. Vallo created multiple profiles on Telegram under different names and personas, misrepresenting his age as 16 when he was actually 39 years old.
Vallo admitted to engaging in sexually explicit chats with the victim and repeatedly inviting her to his residence. On or about February 19, 2024, Vallo persuaded the victim and two other minors to come to his home in Albuquerque for the purpose of engaging in sexual activity.
Vallo further admitted to recording four separate videos of himself engaging in sexual activity with the victim using his cellular phone, which he then sent to the victim. These videos constitute child pornography under federal law.
Vallo will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Vallo faces 15 to 25 years in prison. Upon his release from prison, Vallo will be subject to a minimum of 5 years and up to life of supervised release and must register as a sex offender.
U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Bernalillo County Sheriff’s Office. Assistant United States Attorney Jesse Pecoraro is prosecuting the case as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.
If you have reason to believe you or your child may be a victim of Vallo, or if you have information about this ongoing investigation, please call the FBI at (505) 889-1300 or submit their tips online at tips.fbi.gov.
View the Plea Agreement (Vallo).pdf# # #
U.S. Attorney's Office Secures Agreement with Washoe County to Ensure Polling Place Access to Voters with DisabilitiesRead the Press Release
RENO – The United States Attorney’s Office for the District of Nevada has entered into an agreement with the Washoe County Board of Commissioners to resolve a compliance review that identified numerous physical barriers at polling sites. The agreement resolves the United States’ investigation into Washoe County’s compliance with Title II of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability by a state or local government in any of its programs or services. The agreement will be in place through the 2026 and 2028 election cycles.
“We must continue to protect the rights of all Nevadans to participate in one of the most fundamental rights we possess, voting rights,” said Sue Fahami, First Assistant United States Attorney, District of Nevada. “That is why we are proud to protect the rights of voters with disabilities to cast their ballot in person, privately, independently and without barriers. We are grateful for Washoe County’s commitment to helping accomplish this mutual goal.”
On June 11, 2024, during Nevada’s primary election, the United States surveyed 10 polling locations in Washoe County. The surveys found a multitude of architectural and equipment barriers both in the exterior of polling sites and inside voting areas rendering the facilities inaccessible. These physical barriers included obstructions at accessible voting stations, unreachable voting machine controls, missing accessibility signage at parking spaces, surface openings from the public sidewalk to the accessible entrance, gaps and level changes.
As part of the agreement, Washoe County will train poll workers on the County’s obligations under the Americans with Disabilities Act and how to employ temporary measures if necessary. It will also use the technical assistance of an accessibility expert and an evaluation form for each current and prospective polling place based on ADA architectural standards. Washoe County will also survey polling locations for accessibility throughout the term of the agreement. Importantly, when selecting future polling sites, Washoe County will ensure that new locations are ADA accessible. The United States Attorney’s Office will monitor the agreement and provide technical assistance.
The Washoe County investigation is part of the Department of Justice’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities across the country. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places.
The case is being handled by Assistant United States Attorney Ednin D. Martinez.
If you believe you have been discriminated against based on disability, please submit a report www.civilrights.justice.gov. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov.
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voluntary_compliance_agreement_between_the_u.s.a._and_washoe_county_nevada_dj_no_204_46_180_with_attachment_u.s.a_0.pdfTwo-Time Convicted Felon Sentenced to over 11 Years in Prison for Drug and Firearm ChargesRead the Press Release
BOSTON – A Lynn man was sentenced today in federal court in Boston for drug and firearm charges.
Jose Perez, 27, was sentenced by Chief U.S. District Court Judge F. Dennis Saylor to 142 months in prison, to be followed by three years of supervised release. In August 2024, Perez was convicted after a five day jury trial of one count of conspiracy to distribute and to possess with intent to distribute controlled substances and one count of felon in possession of a firearm. In January 2023, Perez was arrested and charged along with co-defendant Henry Del Rio.
In December 2022, police officers attempted to stop a vehicle speeding through Lexington, Mass. that Perez was driving. Instead of pulling over, Perez accelerated and engaged in a high-speed escape attempt, traveling more than 85 miles per hour on residential streets, crashing head-first into another vehicle, and ultimately losing control and colliding into a post. As Perez exited the vehicle, a loaded Glock 34X 9mm semi-automatic handgun dropped to the ground. Perez and Del Rio, his passenger, then fled and led officers on a foot chase through a Stop and Shop parking lot. After officers apprehended Perez and Del Rio, Perez was found with over $2,000 cash in his pockets. Officers also recovered a bag of cocaine and a bag containing 44 smaller, individually wrapped bags of fentanyl in Del Rio’s flight path, as well as a bag of cocaine in the vehicle Perez had crashed.
At the time, Perez was on supervised release in connection with two prior federal convictions: one in 2017 for engaging in the business of dealing firearms without a license, and one in 2020 for conspiracy to distribute controlled substances and felon in possession of a firearm. Given Perez’s status as a felon, he is barred from possessing a firearm.
In May 2024, Del Rio pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled sentences and is scheduled to be sentenced in January 2025.
United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division made the announcement today. Valuable assistance was provided by the Lexington, Chelsea and MBTA Police Departments and Customs and Border Protection. Assistant U.S. Attorneys Mike Crowley and Sarah Hoefle of the Organized Crime and Gang Unit prosecuted the case.
Two New Haven Men Found Guilty of Fentanyl Trafficking OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that a jury in Bridgeport federal court has found LUIS SALAMAN, also known as “Bebe,” 42, and JESUS SEGUINOT, also known as “Chuchi,” 34, guilty of fentanyl trafficking offenses. A trial before U.S. District Judge Stefan R. Underhill began on December 9 and the jury returned guilty verdicts on multiple counts of a superseding indictment late yesterday afternoon.
According to the evidence presented during the trial, in October 2021, the FBI’s Safe Streets Task Force learned that Salaman was distributing large quantities of narcotics throughout New Haven. The investigation revealed that Salaman worked with Seguinot and others to distribute fentanyl. Between November 2021 and March 2022, investigators made multiple controlled purchases of distribution quantities of fentanyl from Salaman, Seguinot, and their associates.
The jury found Salaman and Seguinot guilty of conspiracy to distribute 40 grams or more of fentanyl, and Salaman guilty of three counts of possession with intent to distribute, and distribution of, 40 grams or more of fentanyl. The jury found Salaman not guilty of four counts, and Seguinot not guilty of one count, of possession with intent to distribute, and distribution of, 40 grams or more of fentanyl.
At sentencing, which is scheduled for March 13, Salaman faces a term of imprisonment of at least 10 years, and Seguinot faces a term of imprisonment of at least five years. Salaman faces enhanced penalties because of a prior conviction for a serious violent felony.
Salaman has been detained since his arrest on April 5, 2022. Seguinot was arrested on April 10, 2023, and is released on a $100,000 bond.
This investigation has been conducted by FBI’s Safe Streets Task Force, which includes members from the FBI, the Connecticut State Police, the Connecticut Department of Correction, and the New Haven, Milford, East Haven, West Haven, and Wallingford Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Robert S. Ruff and David T. Huang.
Two Missoula residents admit to trafficking large quantities of fentanyl, meth in communityRead the Press Release
MISSOULA — Two Missoula residents accused of working together to distribute more than 100,000 fentanyl pills and pounds of meth in the community admitted to charges today, U.S. Attorney Jesse Laslovich said.
The defendants, Taylor Gale Penny, 35, and Joey Lee Forward, 34, each pleaded guilty to possession with intent to distribute controlled substances. The defendants face a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for April 24, 2025 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Penny was detained pending further proceedings. Forward was released pending further proceedings.
The government alleged in court documents that the FBI’s Montana Regional Violent Crime Task Force was investigating Penny and Forward for distributing fentanyl and methamphetamine from November 2023 until September 2024. Information received indicated the defendants were moving more than 100,000 fentanyl pills and pounds of meth. During various encounters with law enforcement, the defendants possessed more than 1,000 fentanyl pills and 1.5 ounces of methamphetamine. Confidential sources stated that Penny and Forward were the biggest dealers in Missoula.
After her arrest on Sept. 3, 2024, Penny told law enforcement that she began distributing fentanyl in January 2024 to support her habit. In March 2024, she was distributing approximately 5,000 fentanyl pills per week in Missoula. In total, she admitted to distributing well over 120,000 pills over the last nine months.
Penny told law enforcement she met Forward two years prior and was purchasing fentanyl pills from him. They then began to work together, and she would cut him in on profits she received. She estimated that Forward distributed four ounces of methamphetamine every week over the last six months, for approximately six pounds of methamphetamine.
Forward told law enforcement that he would distribute 85 fentanyl pills each day. He admitted also distributing methamphetamine and fentanyl powder.
The U.S. Attorney’s Office is prosecuting the case. The FBI’s Montana Regional Violent Crime Task Force conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
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Two Maryland Men Indicted for Unemployment Insurance Fraud Scheme of More Than $1 MillionRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging two Maryland men on federal charges related to a scheme to fraudulently obtain more than $1 million in unemployment insurance benefits. On February 1, 2024, a grand jury returned a sealed indictment of Daiwor Woah-Tee, age 51, of Belcamp, Maryland, and Dekwii Woah-Tee, age 46, of Rosedale, Maryland with conspiracy to commit wire fraud, and one count of aggravated identity theft, respectively, relating to a scheme to obtain more than $1,000,000 in unemployment insurance benefits. The indictment was unsealed upon the arrest of the defendants.
The defendants had an initial appearance on December 18, 2024, in the U.S. District Court in Baltimore before U.S. Magistrate Judge Charles Austin.
The indictment was announced by Erek L. Barron, U.S. Attorney for the District of Maryland, Special Agent in Charge Troy W. Springer of the Department of Labor Office of Inspector General, Office of Investigations for the National Capital Region (DOL-OIG), and Inspector General Dr. Joseph V. Cuffari, Department Homeland Security - Office of Inspector General (DHS-OIG).
As detailed in the indictment, unemployment insurance (“UI”) was a joint state and federal program that provided monetary benefits to eligible beneficiaries. UI payments were intended to provide temporary financial assistance to lawful workers who were unemployed through no fault of their own. Beginning in or around March 2020, in response to the COVID-19 pandemic, several federal programs expanded UI eligibility and increased UI benefits, including the Pandemic Unemployment Assistance Program (PUA), Federal Pandemic Unemployment Compensation (FPUC), and the Lost Wages Assistance Program (LWAP).
In Maryland, those seeking UI benefits submitted online applications. Applicants had to answer specific questions to establish eligibility to receive UI benefits, including their name, Social Security Number (SSN), and mailing address, among other things. Applicants also had to self-certify that they met a COVID-19-related reason for being unemployed, partially employed, or unable to work. Maryland Department of Labor (MD-DOL) relied upon the information in the application to determine UI benefits eligibility. Once an application was approved, the MD-DOL typically distributed state and federal UI benefits electronically to a debit card, which claimants could use to withdraw funds and/or make purchases.
As alleged in the indictment, from March 2020 to September 2021, the defendants conspired to commit wire fraud defrauding State Workforce Agencies (SWA), including the MD-DOL, by impersonating victim individuals for the purpose of submitting fraudulent claims for unemployment insurance. The defendants used victim personal identifying information (PII), including name, date of birth, and/or SSN submit applications for UI benefits. The UI benefits obtained through the scheme was more than $1,000,000.
If convicted, the defendants face a maximum sentence of 20 years in federal prison for wire fraud conspiracy and aggravated identity theft carries a mandatory minimum sentence of two years in prison that runs consecutive to any other sentence. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The District of Maryland Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
U.S. Attorney Barron commended the DOL-OIG, DHS-OIG, and IRS-CI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorney John D’Amico and Special Assistant U.S. Attorney Jared W. Murphy, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Two California Men Charged in Largest NFT Scheme Prosecuted to DateRead the Press Release
Note: View the indictment here.
A six-count indictment was unsealed today in Los Angeles charging two California men with defrauding investors of more than $22 million in cryptocurrency through a series of digital asset project “rug pulls,” a type of fraud scheme in which the creator of a nonfungible token (NFT) or other digital asset project solicits funds from investors for the project and then abruptly abandons the project and fraudulently retains investors’ funds. Both men were arrested yesterday by Homeland Security Investigations (HSI) in Los Angeles.
According to court documents, from May 2021 to May 2024, Gabriel Hay, 23, of Beverly Hills, and Gavin Mayo, 23, of Thousand Oaks, sponsored several NFT and other digital asset projects and undertook promotional activities in support of those projects. Hay and Mayo allegedly made or caused others to make materially false and misleading statements regarding the digital asset projects being launched and provided false and misleading project “roadmaps” detailing plans for the NFTs or other digital asset projects after their launch that the sponsors never intended to fulfill. For example, the indictment alleges that in promoting the Vault of Gems NFT project, Hay and Mayo falsely claimed that the project would be the “first NFT project to be pegged to a hard asset.” However, instead of pursuing the Vault of Gems project or others as they had represented they would, Hay and Mayo allegedly abandoned the projects after collecting millions in funds from investors.
“Gabriel Hay and Gavin Mayo allegedly defrauded investors in digital asset projects of tens of millions of dollars and threatened an individual who attempted to expose their roles in these fraudulent schemes,” said Principal Deputy Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Fraudsters take advantage of new technologies and financial products to steal investors’ hard-earned money. The department is committed to protecting investors and will continue to work with our law enforcement partners to root out fraud involving cryptocurrency and other digital assets and bring offenders to justice.”
“For three years, Hay and Mayo apparently lied to their investors in order to defraud them out of millions of dollars,” said HSI Executive Associate Director Katrina W. Berger. “Such technological fraud schemes cost investors millions of dollars every year. Just because such crimes aren’t violent does not mean they are victimless. HSI will continue to investigate, disrupt, and dismantle such cryptocurrency fraud networks.”
“Whenever a new investment trend occurs, scammers are sure to follow,” said U.S. Attorney Martin Estrada for the Central District of California. “My office and our law enforcement partners will continue our efforts to protect consumers and punish wrongdoers involved in crypto fraud.”
Hay, Mayo, and others allegedly used these tactics with a variety of digital asset projects, including Vault of Gems, Faceless, Sinful Souls, Clout Coin, Dirty Dogs, Uncovered, MoonPortal, Squiggles, and Roost Coin. Hay and Mayo also allegedly used a variety of means to conceal their involvement in the fraudulent projects by falsely identifying other individuals or causing other individuals to be falsely identified as owners of the projects. When one project manager on the Faceless NFT project exposed Hay and Mayo as being behind that project, Hay and Mayo allegedly embarked on a harassment campaign against the project manager, sending or causing the sending of messages to the project manager and his parents for the purpose of intimidating him and his family and causing them great emotional distress.
Hay and Mayo are each charged with one count of conspiracy to commit wire fraud, two counts of wire fraud, and one count of stalking. If convicted, they each face a maximum penalty of 20 years in prison on each of the conspiracy and wire fraud counts and a maximum penalty of five years on the stalking count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
HSI Baltimore is investigating the case.
Trial Attorneys Tian Huang and Tamara Livshiz of the Criminal Division’s Fraud Section, both members of the National Cryptocurrency Enforcement Team (NCET), and Assistant U.S. Attorney Maxwell Coll for the Central District of California are prosecuting the case.
The NCET was established to combat the growing illicit use of cryptocurrencies and digital assets. Within the Criminal Division’s Computer Crime and Intellectual Property Section, the NCET conducts and supports investigations into individuals and entities that are enabling the use of digital assets to commit and facilitate a variety of crimes, with a particular focus on virtual currency exchanges, mixing and tumbling services, and infrastructure providers. The NCET also works to set strategic priorities regarding digital asset technologies, identify areas for increased investigative and prosecutorial focus, and lead the department’s efforts to collaborate with domestic and foreign government agencies as well as the private sector to aggressively investigate and prosecute crimes involving cryptocurrency and digital assets.
If you believe that you are a victim of any of the scams listed above or other scams involving the defendants, please email [email protected].
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Arizonans Plead Guilty to Fraud Targeting AHCCCSRead the Press Release
PHOENIX, Ariz. – CoEric Riley, 38, of Mesa, pleaded guilty on Tuesday to Healthcare Fraud. His co-defendant, Britney Gooch, 37, of Mesa, also pleaded guilty to Healthcare Fraud on November 21, 2024. Sentencing for Riley and Gooch is scheduled for February 21, 2025, before United States District Judge Krissa M. Lanham.
Riley and Gooch admitted that they defrauded the Arizona Health Care Cost Containment System (AHCCCS), Arizona’s Medicaid agency, through their company New Horizons Behavioral Health, a behavioral health clinic in Mesa, Arizona. They further admitted that through New Horizons, they exploited AHCCCS’s American Indian Health Program (AIHP) by falsely billing for services that were not provided to AIHP patients. As a result of the fraudulent billing submissions, Riley and Gooch obtained approximately $3.3 million in illegitimate proceeds from AHCCCS.
A conviction for Healthcare Fraud carries a maximum penalty of 10 years in prison and a fine of up to $250,000, or both.
The Federal Bureau of Investigation – Phoenix Division conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-24-01794-PHX-KML
RELEASE NUMBER: 2024-179_Riley and Gooch# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Twin Drug Traffickers Each Receive Life SentencesRead the Press Release
Just 12 months after an Amarillo methamphetamine trafficker received a life sentence, his twin brother was sentenced to life in prison for similar crimes, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Landis Charles Barrow, 46, was charged in February 2023. After a six-day trial, a jury convicted Mr. Barrow of one count of conspiracy to distribute controlled substances, three counts of distribution of methamphetamine, one count of possession of intent to distribute methamphetamine, one count of possession with intent to distribute cocaine, and one count of possession of a firearm in furtherance of a drug trafficking crime in August. Landis Barrow was sentenced Thursday by U.S. District Judge Matthew J. Kacsmaryk.
His twin brother, Mandis Barrow, was convicted at a separate trial of one count of conspiracy to distribute methamphetamine, one count of distribution methamphetamine, and one count of possession with intent to distribute methamphetamine. He was sentenced in January by the same judge.
According to evidence presented at Landis’ trial, Landis sold, or facilitated the sale, of large quantities of methamphetamine to a confidential source on three occasions in late 2022.
During a February 2023 search of Landis’ residence, DEA agents discovered pound quantities of methamphetamine, two large baggies of cocaine, drug scales and paraphernalia, $7,000 in cash, a firearm, and a drug ledger with Landis’ name written in it. During a call made from the Randall County Detention Center, he admitted to being part of a criminal organization.
During his trial testimony, Landis admitted to distributing approximately 1,000 kilograms (2,200 pounds) of controlled substances for a Mexican Cartel. Landis admitted to running a “crew” of individuals, and that he was a “gangster.” Landis admitted to carrying a firearm with him at all times.
Court documents and trial testimony reflect that Landis Barrow is a suspect in a murder investigation involving his alleged retaliation for the theft of a large quantity of drugs and money that occurred in November 2022 at second residence associated with him.
During the sentencing hearing, Judge Kacsmaryk ruled that Landis had, in fact, made credible threats of violence to shoot or harm people he believed were involved in the robbery. Judge Kacsmaryk further found that Landis had perjured himself during his trial testimony.
The Drug Enforcement Administration’s Dallas Field Division – Amarillo Resident Agency conducted the investigation with the assistance of the Potter County Sheriff’s Office, the Randall County Sheriff’s Office, the Amarillo Police Department, and the Texas Department of Public Safety. Assistant U.S. Attorneys Anna Marie Bell and Sean Long prosecuted the case.
Tolleson Man Indicted for Threats to the President-Elect and Others and for Firearms OffensesRead the Press Release
PHOENIX, Ariz. – On Tuesday, a federal grand jury indicted Manuel Tamayo-Torres, of Tolleson, on four counts of False Statement During the Purchase of a Firearm, one count of Threats Against the President and Successors to the Presidency, one count of Interstate Threatening Communications, and one count of Possession of a Firearm by a Person Subject to an Order of Protection.
According to the complaint, Tamayo-Torres was convicted in 2003 in California for Assault with Great Bodily Injury, a felony. In July 2023 a court in Arizona issued an order of protection against him, in effect for two years, which restrains him from harassing, stalking or threatening his ex-wife. Both the conviction and the order of protection prohibited his possession of firearms. Despite this, in November 2023, Tamayo-Torres attempted to purchase firearms on two separate occasions, falsely stating he had not been convicted of a felony and was not subject to an order of protection.
The complaint also alleges that in November 2024 Tamayo-Torres made postings on a social media platform threating to harm the President-elect of the United States, including that he was going to kill the President-elect and do violence to his family. In at least one of his posts, Tamayo-Torres displayed a firearm in the context of making threatening statements. That firearm, as well as others, were later located in his home.
A conviction for any of the following: False Statement During the Purchase of a Firearm, Threats Against the President and Successors to the Presidency, or Interstate Threatening Communications carries a maximum penalty of five years in prison and a fine of up to $250,000, or both. A conviction for Possession of a Firearm by a Prohibited Person carries a maximum penalty of 15 years in prison and a fine of up to $250,000, or both.
Tamayo-Torres was previously arrested on the complaint in San Diego on November 25, 2024, and he remains detained pending a detention hearing in the District of Arizona. An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Phoenix Field Division, and the United States Secret Service, Phoenix Field Office, are conducting the investigation in this case, with valuable assistance provided by the United States Marshals Service and the United States Attorney’s Office in the Southern District of California. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-24-2063-PHX-SMB
RELEASE NUMBER: 2024-180_Tamayo-Torres# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Three Twin Cities Men Indicted in Narcotics Fraud ConspiracyRead the Press Release
MINNEAPOLIS – Three individuals have been charged in a conspiracy to acquire scheduled controlled substances by fraud, announced U.S. Attorney Andrew M. Luger.According to court documents, Oscar Becerra-Ruiz, 21, Jasper William Johnson, 19, and Rayjaun Keon Varner, 23, knowingly conspired with each other to obtain promethazine with codeine, a controlled substance. From approximately December 2022 and continuing through on or about August 3, 2023, the defendants used paid internet-based record searches to secure identifying information of registered physicians practicing in Minnesota and Wisconsin. Johnson then used this information to illegally access the Drug Enforcement Administration’s Registrant Information Consolidated System (RICS), a government-run database designed to track physician registration, compliance, and reporting, and to prevent the diversion of controlled substances from legitimate medical sources to the illicit black market.
The indictment alleges that after gaining access to multiple physicians’ RICS accounts, Johnson changed the physicians’ valid contact information in the system to phone numbers, email addresses, and physical addresses he and his co-conspirators maintained and controlled. The defendants then used the stolen and compromised information to set up physician customer accounts with several online pharmaceutical wholesalers. Using pre-paid debit cards and peer-to-peer payment accounts also registered in the physicians’ names, the defendants unlawfully placed dozens of orders with the pharmaceutical vendors for controlled substances, including promethazine with codeine, a prescription-strength cough syrup containing the opioid codeine.
To date, the investigation, which remains ongoing, has not uncovered any evidence of patients or patient information having been compromised by the defendants.
Becerra-Ruiz, Johnson, and Varner were each charged with conspiracy to obtain controlled substances by fraud and attempt to obtain controlled substances by fraud. Johnson was charged with an additional 11 counts of wire fraud, 3 counts of accessing a protected computer in furtherance of fraud, and 4 counts of aggravated identity theft. The defendants will be arraigned at a later date.
This case is the result of an investigation conducted by the Drug Enforcement Administration, with assistance from the U.S. Postal Inspection Service and the U.S. Secret Service.
Assistant U.S. Attorneys Lauren O. Roso and Allen A. Slaughter are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Three El Dorado Men sentenced to Federal Prison for Possessing Firearms Converted into Machine GunsRead the Press Release
EL DORADO, ARKANSAS – Three El Dorado Men have been sentenced in the United States District Court for the Western District of Arkansas, El Dorado Division, for Possession of Machineguns in violation of federal law.
According to court documents, on April 24, 2022, Officers with the El Dorado Police Department executed a search warrant at an apartment complex in the El Dorado Area to locate a wanted individual Mark Oliver Wade, age 23, of El Dorado, Arkansas. A search of the residence uncovered one stolen firearm and one firearm was converted to fire in fully automatic mode. United States District Court Judge Susan O. Hickey sentenced Wade to thirty- three (33) months in federal prison with three years of supervised release to follow.
On March 29, 2023, Officers with the El Dorado Police Department initiated a traffic stop on a vehicle in El Dorado, Arkansas. Markayleo Alonzo James, age 22, of El Dorado, Arkansas, was encountered by law enforcement during this incident. Officers found that James was in possession of a firearm that was converted to fire in fully automatic mode. United States District Court Judge Susan O. Hickey sentenced James to twenty- four (24) months in federal prison with three years of supervised release to follow.
Additionally on May 23, 2023, Officers with the El Dorado Police Department initiated a traffic stop on another vehicle in El Dorado, Arkansas. Inshiqaq Qalam Qiyama II, age 23, of El Dorado, Arkansas, was encountered by law enforcement during this incident. Officers found that Qiyama was in possession of a firearm that was converted to fire in fully automatic mode. United States District Court Judge Susan O. Hickey sentenced Qiyama to twenty- seven (27) months in federal prison with three years of supervised release to follow.
“Glock switches and other automatic weapon conversion kits create a significant danger to both law enforcement officers and innocent civilians,” said United States Attorney David Clay Fowlkes. “These conversion devices are simple to make and sell but are capable of changing ordinary handguns and rifles into incredibly dangerous fully automatic weapons. These weapons are hard to control and can cause massive property damage and potential loss of life. With these weapons, even civilians in their homes are in danger from the numerous, uncontrolled rounds fired using conversion kits. These cases send an important message to our communities: we will continue to investigate and prosecute individuals in possession of illegal automatic weapons and conversion kits. Keeping our communities safe is the most important part of our mission in Western Arkansas.”
The El Dorado Police Department’s CID/CAD divisions and the Federal Bureau of Investigation investigated the case.
Assistant U.S. Attorneys Briana Robbins and Trent Daniels prosecuted the cases.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov.
The U.S. Attorney’s Office Secures an Agreement Resolving ADA Complaint Involving A New Jersey Medical PracticeRead the Press Release
Agreement Removes Discriminatory Barriers to Individuals with Vision and Hearing Disabilities
NEWARK, N.J. – The U.S. Attorney’s Office for the District of New Jersey secured a settlement agreement to resolve allegations that Advanced ENT & Allergy discriminated against a prospective patient who is deaf and has low vision in violation of the Americans with Disabilities Act (ADA). Following an investigation, the U.S. Attorney’s Office found that Advanced ENT & Allergy, which has eleven offices in southern New Jersey, violated the ADA by refusing to provide in-person sign language interpretation services where doing so was necessary for deaf and low vision patients to effectively communicate. Instead, the practice relied exclusively on screen-based, remote interpretation, even when those services could not accommodate patients and prospective patients who could not effectively see a screen due to their vision disability. These findings are based, in part, on evidence gathered by the U.S. Department of Justice Fair Housing Testing Program.
Under the settlement agreement, Advanced ENT & Allergy will, among other things, implement a non-discrimination policy to ensure that individuals with disabilities are afforded full and equal opportunities to its benefits and services. The medical practice will also ensure that it will provide in-person interpretation services to patients and prospective patients with disabilities who require that service to effectively communicate. Advanced ENT & Allergy will also provide mandatory ADA training to its employees. It is anticipated that Advanced ENT & Allergy will be acquired by ENT and Allergy Associates, LLP effective January 1st, and will do business under that new name. ENT and Allergy Associates had no role in conduct at issue in the complaint.
The ADA prohibits places of public accommodation, such as Advanced ENT & Allergy, from discriminating on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office’s Civil Rights Division at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint.
Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).
The government is represented by Assistant U.S. Attorney Emily B. Goldberg of the U.S. Attorney’s Office’s Civil Rights Division.
advancedentallergy.settlement.pdfTexas title company employee admits to orchestrating $350,000 real estate wire fraud schemeRead the Press Release
McALLEN, Texas – A 55-year-old McAllen resident has pleaded guilty to conspiracy to commit wire fraud, announced U.S. Attorney Alamdar S. Hamdani.
Mayela Saby Cantu admitted she knowingly participated in a scheme that used falsified lien payoff statements, fraudulent warranty deeds and deceptive emails to mislead lenders, title companies and property buyers.
From November 2020 until her arrest, Cantu defrauded buyers and lenders in multiple property transactions while working at Sierra Title in McAllen. Using her position of trust, she facilitated closings backed by falsified documents. In one notable case, she directed others to create a fraudulent email address resembling that of a legitimate lienholder. Cantu then used the fake account to send false payoff amounts via interstate wires, leading a title company to improperly disburse more than $350,000.
Cantu facilitated additional fraudulent property transactions, including arranging closing on properties that had already been sold and accepting undisclosed cash payments. By concealing the true nature of these deals, she caused significant financial harm to the affected parties.
Chief U.S. District Judge Randy Crane will impose sentencing March 3, 2025. At that time, Cantu faces up to 20 years in federal prison and a possible $250,000 maximum fine.
She was permitted to remain on bond pending that hearing.
The FBI, McAllen Police Department and Texas Department of Insurance conducted the investigation. Assistant U.S. Attorney Eric D. Flores is prosecuting the case.
Syracuse Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – David Hullihen, age 41, of Syracuse, pled guilty today to ten counts of receipt of child pornography. United States Attorney Carla B. Freedman, and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI) made the announcement.
As part of his guilty plea, Hullihen admitted that he sent multiple videos depicting child sexual abuse material to another person over the application Wire. Hullihen also possessed child sexual abuse material on his cell phone. Hullihen is a registered sex offender with two previous convictions for child pornography offenses in New York.
The offenses to which Hullihen pled guilty carry a mandatory minimum sentence of 15 years, with a maximum of 40 years imprisonment. A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the United States Sentencing Guidelines, and other factors. However, if Chief United States District Judge Brenda K. Sannes accepts the parties’ agreed-upon disposition at sentencing on April 23, 2025, Hullihen will receive an prison term of 235 months. Hullihen’s sentence must also include a post-imprisonment term of supervised release of between five years and life, a fine of up to $250,000.00, restitution to the children whose images he distributed and possessed, and he will be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI’s Albany Division Child Exploitation and Human Trafficking Task Force, the Tiffin, Ohio Police Department, the Syracuse, New York Police Department, and the New York State Police. Special Assistant U.S. Attorney Paul Tuck prosecuted Hullihen as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Spokane Man Sentenced to 15 Years in Federal Prison for Possession of Child PornographyRead the Press Release
Spokane, Washington – On December 11, 2024, United States District Judge Thomas O. Rice sentenced Nathan Roy Stout, age 39, from Spokane, Washington, to 15 years in federal prison for Possession of Child Pornography. Judge Rice also imposed a lifetime of supervised release and restitution of $9,000.
According to court documents and information presented at the sentencing hearing, in January 2023, Stout was living in the Residential Reentry Center (RRC) in Spokane Washington following a 2018 conviction for distributing child pornography. While at the RRC, a staff member discovered that child pornography was stored on Stout’s cell phone. Stout later told his case manager at the RRC that he had been downloading child pornography and then deleting it.
An FBI agent conducted an extraction of Stout’s phone and located 116 files of young children being sexually abused. The agent also located multiple file cleaners, which are designed to erase files, on Stout’s cell phone.
“Mr. Stout downloaded child exploitation material, even while serving a sentence for a similar crime,” stated United States Attorney Vanessa Waldref. “I commend my team of prosecutors and investigators who dedicate their careers to protecting the most vulnerable members of our communities. Every case we investigate and prosecute – every victim identified and rescued – brings some level of justice for those who suffer the tragic effects of child abuse and exploitation.”
“Mr. Stout continued to download and view child pornography while on probation following a sentence for the same offense.” said Gregory L. Austin, Acting Special Agent in Charge of the FBI’s Seattle field office. “Protecting and advocating for children is one of the most noble tasks entrusted to the FBI. I especially want to thank the investigators who work these cases on behalf of children, despite how troubling the facts may be.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the FBI. This case was prosecuted by Assistant United States Attorney Rebecca R. Perez.
2:24-cr-00021-TOR
Sixteen Cardiology Practices to Pay a Total of $17.7M to Resolve False Claims Act Allegations Concerning Inflated Medicare ReimbursementsRead the Press Release
Sixteen separate cardiology practices and associated physicians, located across 12 states, have agreed to pay amounts totaling $17,761,564 to resolve allegations that they each violated the False Claims Act by overbilling Medicare for diagnostic radiopharmaceuticals.
Diagnostic radiopharmaceuticals are radioisotopes bound to biological molecules that target specific organs, tissues or cells within the human body and are used to diagnose and, in some cases, treat certain cancers and diseases. In 13 states and the District of Columbia, Medicare Part B reimburses healthcare providers for diagnostic radiopharmaceuticals based on the provider’s acquisition cost. In those jurisdictions, Medicare’s contractors have published guidance explaining the reimbursement methodology and providers’ obligation to accurately report their invoice costs for diagnostic radiopharmaceuticals. The government alleged that the settling cardiology practices regularly reported inflated acquisition costs to Medicare for these drugs. In each of the settlements, the conduct occurred for at least a year, and in some instances, the conduct extended over a period of more than 10 years.
“The financial stability of federal healthcare programs depends upon providers complying with applicable billing rules,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We are committed to ensuring that Medicare funds are expended appropriately and to pursuing those who knowingly fail to do so.”
The settling medical practices and associated physicians have agreed to pay the following amounts:
- Western Kentucky Heart & Lung Associates PSC and Mohammed Kazimuddin ($6,750,000)
- Heart Clinic of Paris P.A. and Arjumand Hashmi ($2,600,000)
- Scranton Cardiovascular Physician Services LLC ($2,369,111)
- Shannon Clinic ($996,856)
- Edward W. Leahey M.D. Professional Association and Edward Leahey ($894,679)
- Metropolitan Cardiovascular Consultants LLC and Ayim Djamson ($846,888)
- Cardiology Center of New Jersey LLC, Mario Criscito, Frank Iacovone, and Sameer Kaul ($740,000)
- Clovis Cardiology Associates LLC and Mahamadu Fuseini ($600,000)
- Family Medical Specialty Clinic PLLC, Melecio Abordo, and June Abadilla ($409,594)
- James R. Higgins M.D. Inc. and James Higgins ($395,537)
- TrustCare Health LLC ($279,407)
- Taj Medical Inc. ($240,000)
- White River Diagnostic Clinic PLC, Margaret Kuykendall, and Seth Barnes ($234,490)
- Veinguard Heart & Vascular Center P.C. and Fareeha Khan ($195,000)
- Boulder Medical Center PC ($160,000)
- Wellspring Cardiac Care P.A. ($50,000).
“Practices and providers who overcharge the government and fail to return overpayments compromise our healthcare programs,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “When people see the wrong and report it, we have the tool we need to put a stop to this type of irresponsible conduct. So, I applaud the whistleblowers who came forward in this case.”
“These practitioners overbilled the Medicare program by grossly exaggerating the acquisition costs of drugs used in diagnostic imaging of the heart,” said U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “This office is committed to protecting our federal health care programs, and we will hold accountable anyone who seeks to exploit them.”
“Medicare providers are required to be honest and accurate in the costs they report for reimbursement,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to investigate alleged false claims act violations and ensure the integrity of the Medicare program. ”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by relators Jasjit Walia and Preet Randhawa in the District of Columbia and the Western District of Kentucky. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The whistleblowers will receive a total of more than $2.7 million from the settlements announced today.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorneys’ Offices for the District of Columbia and Western District of Kentucky, with assistance from the HHS Office of Counsel to the Inspector General and Office of Investigations.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to HHS at 800-HHS-TIPS (800-447-8477).
Trial Attorney James Nealon of the Justice Department’s Civil Division, Assistant U.S. Attorneys Ben Schecter and Matt Weyand for the Western District of Kentucky and Assistant U.S. Attorneys John Truong and Stephen DeGenaro for the District of Columbia handled the matter.
The claims resolved by the settlements are allegations only. There has been no determination of liability.
View the Heart Clinic of Paris settlement agreement here.
View the Leahey settlement agreement here.
View the Scranton settlement agreement here.
View the Metropolitan settlement agreement here.
View the Shannon Clinic settlement agreement here.
View the Family Medical Specialty Clinic settlement agreement here.
View the Taj Medical settlement agreement here.
View the TrustCare settlement agreement here.
View the Veinguard settlement agreement here.
View the Wellspring settlement agreement here.
View the White River settlement agreement here.
View the WKHL settlement agreement here.
View the Boulder Medical Center settlement agreement here.
View the CCNJ settlement agreement here.
View the Clovis settlement agreement here.
View the Higgins settlement agreement here.
Sixteen Cardiology Practices to Pay a Total of $17.7M to Resolve False Claims Act Allegations Concerning Inflated Medicare ReimbursementsRead the Press Release
Sixteen separate cardiology practices and associated physicians, located across 12 states, have agreed to pay amounts totaling $17,761,564 to resolve allegations that they each violated the False Claims Act by overbilling Medicare for diagnostic radiopharmaceuticals.
Diagnostic radiopharmaceuticals are radioisotopes bound to biological molecules that target specific organs, tissues or cells within the human body and are used to diagnose and, in some cases, treat certain cancers and diseases. In 13 states and the District of Columbia, Medicare Part B reimburses healthcare providers for diagnostic radiopharmaceuticals based on the provider’s acquisition cost. In those jurisdictions, Medicare’s contractors have published guidance explaining the reimbursement methodology and providers’ obligation to accurately report their invoice costs for diagnostic radiopharmaceuticals. The government alleged that the settling cardiology practices regularly reported inflated acquisition costs to Medicare for these drugs. In each of the settlements, the conduct occurred for at least a year, and in some instances, the conduct extended over a period of more than 10 years.
“The financial stability of federal healthcare programs depends upon providers complying with applicable billing rules,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We are committed to ensuring that Medicare funds are expended appropriately and to pursuing those who knowingly fail to do so.”
The settling medical practices and associated physicians have agreed to pay the following amounts:
- Western Kentucky Heart & Lung Associates PSC and Mohammed Kazimuddin ($6,750,000)
- Heart Clinic of Paris P.A. and Arjumand Hashmi ($2,600,000)
- Scranton Cardiovascular Physician Services LLC ($2,369,111)
- Shannon Clinic ($996,856)
- Edward W. Leahey M.D. Professional Association and Edward Leahey ($894,679)
- Metropolitan Cardiovascular Consultants LLC and Ayim Djamson ($846,888)
- Cardiology Center of New Jersey LLC, Mario Criscito, Frank Iacovone, and Sameer Kaul ($740,000)
- Clovis Cardiology Associates LLC and Mahamadu Fuseini ($600,000)
- Family Medical Specialty Clinic PLLC, Melecio Abordo, and June Abadilla ($409,594)
- James R. Higgins M.D. Inc. and James Higgins ($395,537)
- TrustCare Health LLC ($279,407)
- Taj Medical Inc. ($240,000)
- White River Diagnostic Clinic PLC, Margaret Kuykendall, and Seth Barnes ($234,490)
- Veinguard Heart & Vascular Center P.C. and Fareeha Khan ($195,000)
- Boulder Medical Center PC ($160,000)
- Wellspring Cardiac Care P.A. ($50,000).
“Practices and providers who overcharge the government and fail to return overpayments compromise our healthcare programs,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “When people see the wrong and report it, we have the tool we need to put a stop to this type of irresponsible conduct. So, I applaud the whistleblowers who came forward in this case.”
“These practitioners overbilled the Medicare program by grossly exaggerating the acquisition costs of drugs used in diagnostic imaging of the heart,” said U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “This office is committed to protecting our federal health care programs, and we will hold accountable anyone who seeks to exploit them.”
“Medicare providers are required to be honest and accurate in the costs they report for reimbursement,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to investigate alleged false claims act violations and ensure the integrity of the Medicare program. ”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by relators Jasjit Walia and Preet Randhawa in the District of Columbia and the Western District of Kentucky. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The whistleblowers will receive a total of more than $2.7 million from the settlements announced today.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorneys’ Offices for the District of Columbia and Western District of Kentucky, with assistance from the HHS Office of Counsel to the Inspector General and Office of Investigations.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to HHS at 800-HHS-TIPS (800-447-8477).
Trial Attorney James Nealon of the Justice Department’s Civil Division, Assistant U.S. Attorneys Ben Schecter and Matt Weyand for the Western District of Kentucky and Assistant U.S. Attorneys John Truong and Stephen DeGenaro for the District of Columbia handled the matter.
The claims resolved by the settlements are allegations only. There has been no determination of liability.
View the Heart Clinic of Paris settlement agreement here.
View the Leahey settlement agreement here.
View the Scranton settlement agreement here.
View the Metropolitan settlement agreement here.
View the Shannon Clinic settlement agreement here.
View the Family Medical Specialty Clinic settlement agreement here.
View the Taj Medical settlement agreement here.
View the TrustCare settlement agreement here.
View the Veinguard settlement agreement here.
View the Wellspring settlement agreement here.
View the White River settlement agreement here.
View the WKHL settlement agreement here.
View the Boulder Medical Center settlement agreement here.
View the CCNJ settlement agreement here.
View the Clovis settlement agreement here.
View the Higgins settlement agreement here.
Roseville Man Sentenced to 70 Months in Prison for Being A Felon in Possession of AmmunitionRead the Press Release
SACRAMENTO, Calif. — Arnes Krajinic, 33, of Roseville, was sentenced Thursday by United States District Judge Daniel J. Calabretta to 5 years and 10 months in prison for being a felon in possession of ammunition, United States Attorney Phillip A. Talbert announced.
According to court documents, law enforcement began investigating Krajinic in January 2023 because he was advertising fentanyl and firearms for sale via Instagram. On January 17, 2023, law enforcement arrested Krajinic and found him in possession of approximately 95 grams of fentanyl powder, miscellaneous prescription pills, over $7,000 in cash, a digital scale, and a privately manufactured 9mm firearm that did not have a serial number and was loaded with ammunition. Krajinic was prohibited from possessing firearms and ammunition because he had previously been convicted of multiple felonies, including for robbery, possession of controlled substances while armed, possession of a concealed weapon in a vehicle, felon in possession of a firearm, and possession of controlled substances for sale.
This case was the product of an investigation by the U.S. Marshals Service, the ATF, and the Placer County Special Investigations Unit, with assistance from the Roseville Police Department. Assistant United States Attorney Emily G. Sauvageau prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
Registered Sex Offender sentenced to 10 years in prison for possession of images of child sexual abuseRead the Press Release
Seattle –A 53-year-old Des Moines, Washington, man, who is a registered sex offender, was sentenced today to ten years in prison for possession of images of child sexual abuse, announced U.S. Attorney Tessa M. Gorman. Edward James Creed was on Washington State Department of Corrections supervision when he was found to have unapproved electronic devices in his residence and images of child sexual abuse on his phone. At the sentencing hearing U.S. District Judge Kymberly K. Evanson said, “creating a market for this material perpetuates the horrific abuse of children.”
According to records filed in the case, Creed previously served more than ten years in state custody for a 2008 Kitsap County conviction for rape of a child. He was released in 2017 but was returned to custody for a time in 2019. In March of 2024, community corrections review of his phone revealed that he had collected seventy images of child sexual abuse. After his arrest, a search of his room at the sex offender residence revealed that he had a number of unapproved electronic devices.
In asking for the ten year sentence Assistant United States Attorney Cecelia Gregson wrote to the court, “In light of the defendant’s demonstrated sexualized interest in minors, it bears repeating that it is exceedingly troubling Creed successfully completed a sexual deviancy treatment program in prison and after two relatively short periods of time in the community was caught seeking out (2020) or successfully obtaining (2024) child sexual abuse material and unlawfully accessing the internet to do so…. He has proven history of deceiving those tasked with monitoring him in the community and has demonstrated a significant commitment to do so.”
Judge Evanson ordered Creed to be on 15 years of supervised release to follow prison.
The case was investigated by Homeland Security Investigations (HSI) and the Washington State Department of Corrections.
The case was prosecuted by Assistant United States Attorney Cecelia Gregson.
This case was also brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the U.S. Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Rapid Health Agrees to Pay $8.2M for Allegedly Billing Medicare for Over-the-Counter COVID-19 Tests That Were Not Provided to BeneficiariesRead the Press Release
Covid Test DMV LLC, doing business as Rapid Health (Rapid Health), a pharmacy located in Los Angeles, has agreed to pay the United States $8,242,860 to resolve allegations that it violated the False Claims Act (FCA) by knowingly submitting or causing the submission of false claims to Medicare for over-the-counter (OTC) Covid-19 tests that were not provided to Medicare beneficiaries.
Between April 2022 and May 2023, Rapid Health distributed OTC Covid-19 tests in connection with the Centers for Medicare & Medicaid Services (CMS) OTC Covid-19 Test Demonstration Project (Demonstration Project). During the Demonstration Project, Medicare Part B beneficiaries could request OTC Covid-19 tests from participating providers, and CMS would reimburse those providers for up to eight OTC Covid-19 tests per Medicare Part B beneficiary per month at a fixed rate of $12 per test.
The settlement announced today resolves allegations that Rapid Health knowingly submitted or caused the submission of claims to Medicare for OTC Covid-19 tests that Rapid Health never provided to Medicare beneficiaries. Medicare patients could order OTC Covid-19 tests from Rapid Health during the Demonstration Project through Rapid Health’s website. When Rapid Health received an order, it was supposed to process the order, generate a shipping label, and send the OTC Covid-19 test to the beneficiary. The United States alleged that issues with Rapid Health’s processing procedures caused Rapid Health to bill orders to Medicare without shipping the test to the beneficiary, and that although Rapid Health was aware of these issues it nevertheless continued to bill Medicare for tests that were not shipped.
“The Demonstration Project was designed to increase the availability of OTC Covid-19 tests to Medicare beneficiaries in an unprecedented time of need,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Providers that knowingly billed for tests that were never given to patients failed to support the goals of the project and defrauded the American taxpayers.”
“This outcome serves as a reminder of our unwavering commitment to combat health care fraud and investigate those who allegedly attempt to exploit and defraud Medicare and other federally funded health care programs,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “With our local, state and federal partners, HHS-OIG will continue to work aggressively to ensure the dependability and the integrity of the Medicare program.”
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and HHS-OIG.
Trial Attorney Lindsay DeFrancesco of the Civil Division’s Fraud Section handled the matter.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across the federal government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Port St. Lucie Firearms Dealer Pleads Guilty to Failing to Keep Proper Records of SalesRead the Press Release
MIAMI – On Dec. 18, Michael John Pellicione, 76, the owner of a Port St. Lucie, Fla., gun shop, who operated out of his residence, pleaded guilty to the five-count indictment for selling several firearms “off the books” in violation of 18 U.S.C. § 922(b)(5), which penalizes the failure of a firearms dealer to keep a proper record of sales.
Pellicione, a federal firearms licensee (FFL), failed to enter the sale of five firearms into his acquisition and disposition (A&D) record. Federal law requires an FFL to record, in the A&D book, all of the firearms that the FFL receives or makes, and then indicate where each of those firearms are – whether they are still in the FFL’s inventory or where they went if they were sold or transferred. Additionally, the A&D book must include the type of firearm, the make, model, caliber, and serial number, the date and from whom the firearm was received and that person's address, as well as the name, date, and address of the person to whom the firearm was sold or transferred.
A sentencing date has not yet been scheduled in this matter. At sentencing, Pellicione faces up to five years’ imprisonment. A federal district court judge will determine the sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Markenzy Lapointe, U. S. Attorney for the Southern District of Florida, Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami, and Special Agent in Charge Christopher A. Robinson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division, made the announcement.
HSI Fort Pierce and ATF Fort Pierce investigated this case. Managing Assistant U.S. Attorney Carmen Lineberger is prosecuting this matter.
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, under case number 24-cr-14055.
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Physician Resolves Allegations of Improper Prescribing Practices Involving Controlled SubstancesRead the Press Release
BOSTON – A family medicine practitioner based out of Three Rivers, Mass. has agreed to pay $220,000 in civil penalties to settle allegations that he violated the Controlled Substances Act by prescribing controlled substances outside the usual course of professional practice.
As part of the settlement agreement, Dr. Stephen R. Holuk, 75, of Three Rivers, admitted that he regularly prescribed schedule II-controlled substances for his patients. For four of his patients, Dr. Holuk prescribed opioids in combination with benzodiazepines and muscle relaxers. During the covered period, Dr. Holuk wrote 280 prescriptions for opioids for these four patients alone, while also prescribing them benzodiazepines and muscle relaxers. Moreover, Dr. Holuk prescribed opioids for his patients without consistently conducting functional pain assessments or opioid risk assessments. He also rarely checked the Massachusetts Prescription Awareness Tool (formerly the Prescription Drug Monitoring Program), before prescribing his patients schedule II controlled substances, as required by Massachusetts law.
Under the Controlled Substances Act physicians, and other prescribers registered with the Drug Enforcement Administration, may only issue prescriptions for a legitimate medical purpose and in the usual course of professional practice.
“When doctors prescribe addictive opioids outside the scope of proper professional practice, they put patients at risk of overdose and undermine efforts to address the opioid crisis,” said United States Attorney Joshua S. Levy. “Our office and our federal law enforcement partners will continue to hold medical providers accountable for irresponsible prescribing, especially when it threatens the safety of our communities.”
“This settlement resolves allegations that Dr. Stephen Holuk abused his prescribing privileges,” said Jodi Cohen, Special Agent in Charge of the FBI’s Boston Division. “Doctors willing to illegally distribute and prescribe opioids only deepen the drug epidemic that continues to ravage our area. We encourage the public to report any information about prescription abuse to us or our law enforcement partners.”
“Medical practitioners who prescribe controlled substances have an obligation to do so responsibly and for legitimate medical purposes,” said Special Agent in Charge Roberto Coviello of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “We will continue to investigate allegations of dangerous and irresponsible prescribing as we work to protect patients from such conduct.”
U.S. Attorney Levy, FBI SAC Cohen and HHS-OIG SAC Coviello made the announcement today. Assistant U.S. Attorney Lindsey Ross of the Affirmative Civil Enforcement Unit handled the case.
Orlando Man Pleads Guilty to Distributing over Nine Pounds of MethamphetamineRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces that Desean Williams (38, Orlando) has pleaded guilty to distribution and possession with intent to distribute 50 grams or more of methamphetamine. Williams faces a minimum penalty of 10 years, up to life, in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, on January 31, 2024, Williams distributed approximately 4.5 kilograms of methamphetamine to another individual at a gas station in Marion County.
This case was investigated by the Drug Enforcement Administration and the Marion County Unified Drug Enforcement Strike Team. It is being prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.
Oneida County Felon Admits to Firearm and Drug OffensesRead the Press Release
ALBANY, NEW YORK – Leshawn Thomas, age 33, of Clayville, New York, pled guilty yesterday to possessing cocaine and cocaine base with the intent to distribute them and to unlawfully possessing firearms. United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.
Thomas, who had two prior felony convictions, admitted to possessing with intent to distribute approximately 3 kilograms of cocaine and 268.14 grams of cocaine base in Oneida County, New York, on or about April 28, 2023. He also admitted to possessing two loaded semi-automatic pistols: a Glock, model 22, .40 cal. and a Kahr, model CM9, .9 mm.
Thomas is scheduled to be sentenced by Chief United States District Judge Brenda K. Sannes on April 4, 2025. He faces a minimum term of 10-years in federal prison and a maximum of life, and a term of supervised release between 5 years and life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
DEA investigated the case with the assistance of the Saratoga County Sheriff’s Office, the Oneida County Sheriff’s Office, and the New York State Department of Corrections and Community Supervision (NYDOCCS). Assistant U.S. Attorney Allen J. Vickey is prosecuting the case.
Omaha Man Sentenced for Distributing Fentanyl PillsRead the Press Release
United States Attorney Susan Lehr announced that Lucas Ehly, age 31, of Omaha, Nebraska, was sentenced December 20, 2024, in federal court in Omaha for two crimes, conspiracy to distribute fentanyl and distribution of fentanyl. Chief United States District Judge Robert F. Rossiter, Jr., sentenced Ehly to 57 months’ imprisonment. There is no parole in the federal system. After Ehly’s release from prison, he will begin a 3-year term of supervised release.
In June and July of 2023, Ehly twice sold fentanyl pills to a confidential informant. The sales were arranged by co-defendant Rafael Magana. On July 24, 2023, agents executed search warrants at Ehly’s and Magana’s residences. Agents seized seven fentanyl pills from Ehly’s bedroom. At Magana’s residence, agents found more than 1,000 fentanyl pills and seized $6,680 cash. In Magana’s storage unit, searched pursuant to consent, agents found another 13,800 fentanyl pills.
After his arrest and after being advised of his rights, Ehly admitted to participating in fentanyl pill transactions that Magana coordinated. Ehly told agents he would be compensated with fentanyl pills from Magana for selling fentanyl pills to Magana’s customers.
Magana, age 31, of Omaha was sentenced to 180 months in prison on December 13, 2024. The $6,680 cash has been ordered forfeited to the United States as proceeds of illegal drug trafficking. A third co-defendant, Zacharie Stinson, 31, of Omaha, was sentenced in September to 57 months in prison.
This case was investigated by the Drug Enforcement Administration and the Omaha Metro Drug Task Force.
Ocala Man Pleads Guilty to Attempting to Meet A 13-Year- Old to Engage in Sexual ActivityRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces that Alexander Thomas Daugherty (24, Ocala) today pleaded guilty to attempted enticement of a minor to engage in sexual activity. Daugherty faces a minimum penalty of 10 years, up to life, in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, on September 20, 2024, a special agent with Homeland Security Investigations (HSI) posed undercover as a 13-year-old girl on an online social media platform. Daugherty contacted the undercover agent’s account and, after learning the child’s age, discussed engaging in sexual activity. Daugherty arranged to meet the minor for sex at a predetermined location in Marion County. Daugherty then traveled to the location and was arrested by law enforcement.
This case was investigated by Homeland Security Investigations and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Nine Quad Cities Men Sentenced to Federal Prison in Violent RICO ConspiracyRead the Press Release
DAVENPORT, Iowa – Nine Quad Cities men, Don Christopher White, Jr., Raheem Jacques Houston, Deaguise Ramont Hall, Michael Linn Cross, Devell Carl Lewis, Lashawn D James Hensley, Simmeon Terrell Hall, Devante Atwell French, and Cortez Deangelo Cooper, Jr., were sentenced to federal prison for their roles in a racketeering conspiracy, which engaged in a years-long pattern of violence, including murder, attempted murder, and drug trafficking.
According to public court documents and evidence presented at trials and sentencings, these Fifth Street gang members, also known as the “Arsenal Courts Posse,” “Zone Fifth,” “Fifth Street Mafia,” “Rock Town Money Getters (RTMG),” and “Money Team,” were members and associates of a coordinated violent criminal enterprise based out of Rock Island, Illinois, but engaged in racketeering activity in Davenport and Rock Island, whose purpose was to distribute controlled substances, obtain money and shoot at rival gang members, specifically the 12th Street, Savage Life, and Boom Gang street gangs. Evidence at trial demonstrated the criminal enterprise was connected to dozens of shooting investigations and at least seven homicides over the course of two decades. Some of the activity connected to this enterprise included the following incidents:
- On August 6, 2006, Andrell Hearn was shot and killed in Rock Island.
- On August 19, 2006, White and other Fifth Street associates drove by an outdoor family gathering in Davenport where 12th Street members were present and discharged firearms into the group resulting in the death of Vincelina Howard.
- On August 6, 2011, a shooting outside the Mississippi Valley Fairgrounds involving Fifth Street members and members of a rival Davenport group.
- On September 5, 2012, French and another Fifth Street associate fired shots at a rival gang member in Davenport.
- On March 31, 2013, several members of a rival Davenport gang were standing in front of the Chorus Line when Fifth Street member Demarko Williams walked into the parking lot and fired multiple shots at the group. In January 2014, Demarko Williams was sentenced to a 100-month federal prison sentence for possessing a firearm as a felon.
- On September 2, 2015, Fifth Street associate Juwan Johnson shot and killed Lewis Woodson, a rival gang member, in Davenport.
- On January 3, 2020, officers responded to a shots-fired incident in or near the Davenport parking lot of the Quad City Times building and seized a large number of casings that were later matched to firearms used by Fifth Street members.
- On May 23, 2020, a dispute over a dice game at a family gathering in Rock Island led to a shootout between Fifth Street associates and others, resulting in the death of Timon Mayfield.
- Between May 24 and 31, 2020, multiple shootings in the same Rock Island neighborhood where Mayfield was killed left seized casings that were later matched to firearms used by Fifth Street associates.
- On June 1, 2020, while the City of Davenport was experiencing civil unrest, this criminal enterprise participated in two shootings in Davenport in which they fired in excess of 60 shots and seriously injured two men.
- Specifically, on June 1, 2020, White, Lewis, Deaguise Hall, Cross, Hensley, and Cooper were present at Necker’s Jewelers to commit a burglary. While there, the group saw a man they had mistaken for a rival gang member. Cooper and others fired 33 rounds from four guns seriously injuring the victim.
- Just a few hours later, White, Houston, Deaguise Hall, Cross, Hensley, Lewis, and others were in a Davenport alley when a truck occupied by three Davenport police officers entered the alley. Immediately, four Fifth Street associates fired more than 30 rounds at the truck occupied by the officers. Evidence at trial showed Fifth Street members thought the truck was occupied by a rival group. One police officer was struck and injured by the gunfire. One of the officers returned fire. As a result of this exchange, Marquis Tousant died. White, Houston, Deaguise Hall, Cross, Hensley, and Lewis fled the alley shooting in a high-speed car chase through Davenport. They were eventually apprehended. Officers located seven firearms, a large amount of ammunition, large-capacity magazines, including a 50-round drum magazine, face masks, and gloves inside the vehicle. Three of these firearms were later matched to fired casings in the Davenport alley.
- On December 4, 2021, White and another Fifth Street associate shot at a victim in a vehicle on Middle Road in Davenport.
- On December 8, 2021, White and another Fifth Street associate were involved in a shooting near the Centennial Bride and River Drive in Davenport. They mistook two men in a vehicle for rivals.
- On February 25, 2022, White shot a man during a dispute in Moline, Illinois.
- On March 27, 2022, French shot a victim near the rear door of his residence on Locust Street in Davenport.
- On April 19, 2022, French shot a victim in the yard of a residence in retaliation for a prior shooting of a Fifth Street associate.
SENTENCES
On Wednesday, December 18, 2024, the following defendants were sentenced:
- Don Christopher White, Jr., 39, was sentenced to 40 years of imprisonment for racketeering conspiracy, and two charges for felon in possession of a firearm, followed by a three-year term of supervised release. White was also ordered to pay $22,784.20 in restitution.
- Raheem Jacques Houston, 32, was sentenced to 30 years of imprisonment for racketeering conspiracy and felon in possession of a firearm, followed by a three -year term of supervised release. Houston was also ordered to pay $16,012.52 in restitution.
- Deaguise Ramont Hall, 35, was sentenced to 33 years of imprisonment for racketeering conspiracy and for possession with intent to distribute a controlled substance, followed by a three-year term of supervised release. Hall was also ordered to pay $16,012.52 in restitution.
- Michael Linn Cross, 32, was sentenced to 18 years of imprisonment for racketeering conspiracy, followed by a three-year term of supervised release. Cross was also ordered to pay $16,012.52 in restitution.
- LaShawn D. James Hensley, 32, was sentenced to 12 years of imprisonment for racketeering conspiracy, followed by a three-year term of supervised release. Hensley was also ordered to pay $16,012.52 in restitution.
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The following defendants were sentenced on December 19, 2024:
- Devante Atwell French, 31, was sentenced to 30 years of imprisonment for racketeering conspiracy and felon in possession of ammunition, followed by a three-year term of supervised release.
- Simmeon Terrell Hall, 36, was sentenced to 30 years of imprisonment for racketeering conspiracy and possession with intent to distribute a controlled substance, followed by a three-year term of supervised release.
- Devell Carl Lewis, 37, was sentenced to 18 1/2 years of imprisonment for racketeering conspiracy, followed by a three-year term of supervised release. Lewis was also ordered to pay $16,012.52 in restitution.
- Cortez Deangelo Cooper, Jr., 31, was sentenced to 13 1/2 years of imprisonment for racketeering conspiracy and felon in possession of ammunition, followed by a three-year term of supervised release.
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Previously, on July 11, 2024, Brandon Deshane Branigan, 34, was sentenced to 18 years of imprisonment for the same racketeering conspiracy, followed by a three-year term of supervised release.
There is no parole in the federal system.
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“Violent crime against our community and attacks on law enforcement will not be tolerated,” said Davenport Police Chief Jeffery Bladel. “These individuals demonstrated a blatant disregard for the safety of our Quad City community; especially in the case of the 2020 ambush and attempted murder of three of our officers. I’m proud of our department’s unwavering dedication to holding criminals accountable and protecting those who serve. My sincere thanks to the U.S. Attorney’s Office for their steadfast commitment to justice.”
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Two defendants have pled guilty and are awaiting sentencing:
Ricky Lee Childs, Jr., 40, is scheduled to be sentenced on January 23, 2025, for racketeering conspiracy. As part of this investigation, he was also charged with felon in possession of a firearm and sentenced to 110 months of imprisonment in case number 3:22-cr-021. Childs faces a maximum sentence of 20 years of imprisonment.
Timothy Justin Beaver, 30, is scheduled to be sentenced on February 13, 2025, for racketeering conspiracy and for possession with intent to distribute a controlled substance. Beaver faces a maximum sentence of 40 years of imprisonment.
A federal district court judge will determine the sentence after considering the United States sentencing guidelines and other statutory factors.
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Two defendants are awaiting trial. Kylea Dapri Cartwright, Jr., 28, is charged with racketeering conspiracy and felon in possession of ammunition. One of the racketeering acts alleges that on July 5, 2020, Cartwright shot a victim. Rasheem Damonte Bogan, 33, is charged with racketeering conspiracy and felon in possession of a firearm. One of the racketeering acts alleges that on June 1, 2020, Bogan shot a victim. Both are scheduled for a jury trial beginning Monday, February 10, 2025. They each face a maximum of 30 years of imprisonment.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Davenport Police Department and the Rock Island Police Department, with assistance from the Scott County Sheriff’s Office, Iowa Department of Public Safety-Division of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Federal Bureau of Investigation, and Drug Enforcement Administration.
Nine Quad Cities Men Sentenced to Federal Prison in Violent RICO ConspiracyRead the Press Release
DAVENPORT, Iowa – Nine Quad Cities men, Don Christopher White, Jr., Raheem Jacques Houston, Deaguise Ramont Hall, Michael Linn Cross, Devell Carl Lewis, Lashawn D James Hensley, Simmeon Terrell Hall, Devante Atwell French, and Cortez Deangelo Cooper, Jr., were sentenced to federal prison for their roles in a racketeering conspiracy, which engaged in a years-long pattern of violence, including murder, attempted murder, and drug trafficking.
According to public court documents and evidence presented at trials and sentencings, these Fifth Street gang members, also known as the “Arsenal Courts Posse,” “Zone Fifth,” “Fifth Street Mafia,” “Rock Town Money Getters (RTMG),” and “Money Team,” were members and associates of a coordinated violent criminal enterprise based out of Rock Island, Illinois, but engaged in racketeering activity in Davenport and Rock Island, whose purpose was to distribute controlled substances, obtain money and shoot at rival gang members, specifically the 12th Street, Savage Life, and Boom Gang street gangs. Evidence at trial demonstrated the criminal enterprise was connected to dozens of shooting investigations and at least seven homicides over the course of two decades. Some of the activity connected to this enterprise included the following incidents:
- On August 6, 2006, Andrell Hearn was shot and killed in Rock Island.
- On August 19, 2006, White and other Fifth Street associates drove by an outdoor family gathering in Davenport where 12th Street members were present and discharged firearms into the group resulting in the death of Vincelina Howard.
- On August 6, 2011, a shooting outside the Mississippi Valley Fairgrounds involving Fifth Street members and members of a rival Davenport group.
- On September 5, 2012, French and another Fifth Street associate fired shots at a rival gang member in Davenport.
- On March 31, 2013, several members of a rival Davenport gang were standing in front of the Chorus Line when Fifth Street member Demarko Williams walked into the parking lot and fired multiple shots at the group. In January 2014, Demarko Williams was sentenced to a 100-month federal prison sentence for possessing a firearm as a felon.
- On September 2, 2015, Fifth Street associate Juwan Johnson shot and killed Lewis Woodson, a rival gang member, in Davenport.
- On January 3, 2020, officers responded to a shots-fired incident in or near the Davenport parking lot of the Quad City Times building and seized a large number of casings that were later matched to firearms used by Fifth Street members.
- On May 23, 2020, a dispute over a dice game at a family gathering in Rock Island led to a shootout between Fifth Street associates and others, resulting in the death of Timon Mayfield.
- Between May 24 and 31, 2020, multiple shootings in the same Rock Island neighborhood where Mayfield was killed left seized casings that were later matched to firearms used by Fifth Street associates.
- On June 1, 2020, while the City of Davenport was experiencing civil unrest, this criminal enterprise participated in two shootings in Davenport in which they fired in excess of 60 shots and seriously injured two men.
- Specifically, on June 1, 2020, White, Lewis, Deaguise Hall, Cross, Hensley, and Cooper were present at Necker’s Jewelers to commit a burglary. While there, the group saw a man they had mistaken for a rival gang member. Cooper and others fired 33 rounds from four guns seriously injuring the victim.
- Just a few hours later, White, Houston, Deaguise Hall, Cross, Hensley, Lewis, and others were in a Davenport alley when a truck occupied by three Davenport police officers entered the alley. Immediately, four Fifth Street associates fired more than 30 rounds at the truck occupied by the officers. Evidence at trial showed Fifth Street members thought the truck was occupied by a rival group. One police officer was struck and injured by the gunfire. One of the officers returned fire. As a result of this exchange, Marquis Tousant died. White, Houston, Deaguise Hall, Cross, Hensley, and Lewis fled the alley shooting in a high-speed car chase through Davenport. They were eventually apprehended. Officers located seven firearms, a large amount of ammunition, large-capacity magazines, including a 50-round drum magazine, face masks, and gloves inside the vehicle. Three of these firearms were later matched to fired casings in the Davenport alley.
- On December 4, 2021, White and another Fifth Street associate shot at a victim in a vehicle on Middle Road in Davenport.
- On December 8, 2021, White and another Fifth Street associate were involved in a shooting near the Centennial Bride and River Drive in Davenport. They mistook two men in a vehicle for rivals.
- On February 25, 2022, White shot a man during a dispute in Moline, Illinois.
- On March 27, 2022, French shot a victim near the rear door of his residence on Locust Street in Davenport.
- On April 19, 2022, French shot a victim in the yard of a residence in retaliation for a prior shooting of a Fifth Street associate.
SENTENCES
On Wednesday, December 18, 2024, the following defendants were sentenced:
- Don Christopher White, Jr., 39, was sentenced to 40 years of imprisonment for racketeering conspiracy, and two charges for felon in possession of a firearm, followed by a three-year term of supervised release. White was also ordered to pay $22,784.20 in restitution.
- Raheem Jacques Houston, 32, was sentenced to 30 years of imprisonment for racketeering conspiracy and felon in possession of a firearm, followed by a three -year term of supervised release. Houston was also ordered to pay $16,012.52 in restitution.
- Deaguise Ramont Hall, 35, was sentenced to 33 years of imprisonment for racketeering conspiracy and for possession with intent to distribute a controlled substance, followed by a three-year term of supervised release. Hall was also ordered to pay $16,012.52 in restitution.
- Michael Linn Cross, 32, was sentenced to 18 years of imprisonment for racketeering conspiracy, followed by a three-year term of supervised release. Cross was also ordered to pay $16,012.52 in restitution.
- LaShawn D. James Hensley, 32, was sentenced to 12 years of imprisonment for racketeering conspiracy, followed by a three-year term of supervised release. Hensley was also ordered to pay $16,012.52 in restitution.
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The following defendants were sentenced on December 19, 2024:
- Devante Atwell French, 31, was sentenced to 30 years of imprisonment for racketeering conspiracy and felon in possession of ammunition, followed by a three-year term of supervised release.
- Simmeon Terrell Hall, 36, was sentenced to 30 years of imprisonment for racketeering conspiracy and possession with intent to distribute a controlled substance, followed by a three-year term of supervised release.
- Devell Carl Lewis, 37, was sentenced to 18 1/2 years of imprisonment for racketeering conspiracy, followed by a three-year term of supervised release. Lewis was also ordered to pay $16,012.52 in restitution.
- Cortez Deangelo Cooper, Jr., 31, was sentenced to 13 1/2 years of imprisonment for racketeering conspiracy and felon in possession of ammunition, followed by a three-year term of supervised release.
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Previously, on July 11, 2024, Brandon Deshane Branigan, 34, was sentenced to 18 years of imprisonment for the same racketeering conspiracy, followed by a three-year term of supervised release.
There is no parole in the federal system.
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“Violent crime against our community and attacks on law enforcement will not be tolerated,” said Davenport Police Chief Jeffery Bladel. “These individuals demonstrated a blatant disregard for the safety of our Quad City community; especially in the case of the 2020 ambush and attempted murder of three of our officers. I’m proud of our department’s unwavering dedication to holding criminals accountable and protecting those who serve. My sincere thanks to the U.S. Attorney’s Office for their steadfast commitment to justice.”
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Two defendants have pled guilty and are awaiting sentencing:
Ricky Lee Childs, Jr., 40, is scheduled to be sentenced on January 23, 2025, for racketeering conspiracy. As part of this investigation, he was also charged with felon in possession of a firearm and sentenced to 110 months of imprisonment in case number 3:22-cr-021. Childs faces a maximum sentence of 20 years of imprisonment.
Timothy Justin Beaver, 30, is scheduled to be sentenced on February 13, 2025, for racketeering conspiracy and for possession with intent to distribute a controlled substance. Beaver faces a maximum sentence of 40 years of imprisonment.
A federal district court judge will determine the sentence after considering the United States sentencing guidelines and other statutory factors.
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Two defendants are awaiting trial. Kylea Dapri Cartwright, Jr., 28, is charged with racketeering conspiracy and felon in possession of ammunition. One of the racketeering acts alleges that on July 5, 2020, Cartwright shot a victim. Rasheem Damonte Bogan, 33, is charged with racketeering conspiracy and felon in possession of a firearm. One of the racketeering acts alleges that on June 1, 2020, Bogan shot a victim. Both are scheduled for a jury trial beginning Monday, February 10, 2025. They each face a maximum of 30 years of imprisonment.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Davenport Police Department and the Rock Island Police Department, with assistance from the Scott County Sheriff’s Office, Iowa Department of Public Safety-Division of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Federal Bureau of Investigation, and Drug Enforcement Administration.
New York Man Pleads Guilty to Child Exploitation OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that NICOLAS BROWN, also known as “Breezy,” 28, of New York, New York, pleaded guilty today in Bridgeport federal court to child exploitation offenses.
According to court documents and statements made in court, on multiple occasions in March 2024, Brown arranged Uber trips to pick up one to three teenage girls, two of whom were under the age of 18, from a state-run group home in Connecticut and deliver them to him at various Connecticut hotels and shopping malls where he engaged in sexual conduct with one of the minor victims. On one occasion, an Uber trip that Brown arranged took the two minors to meet him at the Bridgeport train station. Brown and the two minors traveled to Manhattan, and then to a hotel in South Hackensack, New Jersey, where they stayed for several days.
On March 20, 2024, Brown was located at a hotel in Danbury and arrested on state charges. An iPhone seized from Brown at the time of his arrest revealed videos depicting child sex abuse, including videos that that he took engaging in sexual conduct with a minor victim.
Brown pleaded guilty to one count of production of child pornography, an offense that carries a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 30 years, and one count of possessing and accessing with intent to view child pornography, an offense that carries a maximum term of imprisonment of 20 years.
Brown has been detained since his arrest. He is scheduled to be sentenced on March 18 in Hartford.
This matter is being investigated by the Federal Bureau of Investigation, the West Hartford Police Department, and the Danbury Police Department, with the assistance of the Connecticut Department of Children and Families. The case is being prosecuted by Assistant U.S. Attorney Christopher Lembo.
U.S. Attorney Avery thanked the State’s Attorney’s Office for the Judicial District of Danbury for its cooperation in investigating and prosecuting this matter.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
New York Man Faces 10+ Years for Trafficking Fentanyl and Cocaine into MaineRead the Press Release
PORTLAND, Maine: A New York man pleaded guilty today in U.S. District Court in Portland to distributing controlled substances and possessing them with intent to distribute.
According to court records, based in part on information received from a confidential informant, investigators learned that Kenneth Adams, 40, trafficked a substantial amount of fentanyl and cocaine from the Bronx, New York into Maine where he sold them to drug dealers for distribution. In January 2024, Adams sold a confidential informant approximately 250 grams of fentanyl in a controlled buy captured on video and audio and physically surveilled by investigators. In June 2024, investigators executed a search warrant at a Bronx residence used by Adams. During the search, investigators recovered a loaded 9mm Smith & Wesson handgun, approximately 260 grams of fentanyl, and approximately 780 grams of cocaine. Adams was previously convicted in 2016 in Aroostook County Superior Court for unlawful trafficking in scheduled drugs.
Adams faces 10 years to life imprisonment and a fine up to $8 million to be followed by four years to life of supervised release.
Homeland Security Investigations investigated the case.
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Muskogee County Resident Pleads Guilty to Possessing Child Sexual Abuse MaterialRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Thomas Edward Gailus, age 51, of Webbers Falls, Oklahoma, entered a guilty plea one count of Possession of Certain Material Involving the Sexual Exploitation of a Minor.
The Indictment alleged that between April of 2018 and March 23, 2023, Gailus knowingly accessed and possessed visual depictions from the internet of minors engaging in sexually explicit conduct, and that Gailus accessed the images intending to view them.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Judge D. Edward Snow, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. Gailus will remain in the custody of the United States Marshals Service pending sentencing.
Assistant U.S. Attorneys Jessie Pippin and Dak Cohen and U.S. Department of Justice Child Exploitation and Obscenity Section Trial Attorney Gwendelynn Bills represented the United States.
More Than a Dozen Cardiology Practices Will Pay over $17.7 Million to Resolve False Claims Act Allegations Concerning Inflated Medicare ReimbursementsRead the Press Release
WASHINGTON – The U.S. Attorney’s Office announced today the resolution of False Claims Act violations against 16 separate cardiology practices and associated physicians, located across 12 states, and their agreement to pay a total of $17,761,564 to resolve allegations that they violated the False Claims Act by overbilling Medicare for diagnostic radiopharmaceuticals. The U.S. Attorney’s Office for the District of Columbia was involved in 14 of these settlements, resulting in a total of $10,601,970.97. The remaining amount was captured by the U.S. Attorney’s Office for the Western District of Kentucky. The Department of Justice also announced these settlements.
Diagnostic radiopharmaceuticals are radioisotopes bound to biological molecules that target specific organs, tissues or cells within the human body and are used to diagnose and in some cases, treat certain cancers and diseases. In 13 states and the District of Columbia, Medicare Part B reimburses healthcare providers for diagnostic radiopharmaceuticals based on the provider’s acquisition cost. In those jurisdictions, Medicare’s contractors have published guidance explaining the reimbursement methodology and providers’ obligation to accurately report their invoice cost for diagnostic radiopharmaceuticals. The government alleged that the settling cardiology practices regularly reported inflated acquisition costs to Medicare for these drugs. In each of the settlements, the conduct occurred for at least a year, and in some instances, the conduct extended over a period of more than 10 years.
“Practices and providers who overcharge the government and fail to return overpayments compromise our healthcare programs,” said U.S. Attorney Graves. “When people see the wrong and report it, we have the tool we need to put a stop to this type of irresponsible conduct. So I applaud the whistleblowers who came forward in this case.”
“The integrity of federal healthcare programs depends upon compliance with billing rules that are used to determine reimbursement,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We are committed to ensuring that Medicare funds are expended appropriately.”
The settling medical practices and associated physicians have agreed to pay the following amounts:
• Heart Clinic of Paris, P.A. and Arjumand Hashmi ($2.6m)
• Scranton Cardiovascular Physician Services, LLC ($2,369,111)
• Shannon Clinic ($996,856)
• Edward W. Leahey M.D. Professional Association and Edward Leahey ($894,679)
• Metropolitan Cardiovascular Consultants, LLC and Ayim Djamson ($846,888)
• Cardiology Center of New Jersey, LLC, Mario Criscito, Frank Iacovone, and Sameer Kaul ($740,000)
• Clovis Cardiology Associates LLC and Mahamadu Fuseini ($600,000)
• James R. Higgins M.D., Inc. and James Higgins ($395,537)
• TrustCare Health, LLC ($279,407)
• Taj Medical, Inc. ($240,000)
• White River Diagnostic Clinic, PLC, Margaret Kuykendall, and Seth Barnes ($234,490)
• Boulder Medical Center, PC ($160,000)
• (USAO-WDKY) Western Kentucky Heart & Lung Associates PSC and Mohammed Kazimuddin ($6,750,000)
• (USAO-WDKY) Family Medical Specialty Clinic, PLLC, Melecio Abordo, and June Abadilla ($409,594)
“These practitioners overbilled the Medicare program by grossly exaggerating the acquisition costs of drugs used in diagnostic imaging of the heart,” said Michael A. Bennett, United States Attorney for the Western District of Kentucky. “This Office is committed to protecting our federal health care programs, and we will hold accountable anyone who seeks to exploit them.”
“Medicare providers are required to be honest and accurate in the costs they report for reimbursement,” said Special Agent in Charge Maureen Dixon, for the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to investigate alleged false claims act violations and ensure the integrity of the Medicare program.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by relators Jasjit Walia and Preet Randhawa in the District of Columbia and the Western District of Kentucky. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The whistleblowers will receive a total of approximately $2.2 million from the settlements announced today.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the United States Attorney’s Offices for the District of Columbia and Western District of Kentucky, with assistance from the Department of Health and Human Services, Office of Counsel to the Inspector General and Office of Investigations.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Trial Attorney James Nealon and Assistant U.S. Attorneys Ben Schecter and Matt Weyand from Western District of Kentucky, and Stephen DeGenaro and John C. Truong from the District of Columbia.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Montana Man Sentenced to Federal Prison for Punching, Biting, and Strangling His Girlfriend on the Spokane ReservationRead the Press Release
Spokane, Washington – On December 19, 2024, United States District Judge Thomas O. Rice sentenced Bojai Dominick Grant-Schmidt, age 23, to fourteen months in federal prison for assaulting his girlfriend and inflicting substantial bodily injury on her. Judge Rice also imposed three years of federally supervised release.
Based on court documents and information presented at the sentencing hearing, on the night of May 10, 2024, in Ford, Washington, Grant-Schmidt punched his girlfriend in the face and placed her in a headlock with his arm around her neck and squeezed, causing her to nearly lose consciousness. Grant-Schmidt also bit her on the scalp and finger and dragged her by her hair.
“Everyone deserves to live a life free of domestic violence,” state U.S. Attorney Vanessa Waldref. “Domestic violence is one of the root causes underlying the Missing or Murdered Indigenous Persons (MMIP) crisis. Prosecuting cases on Tribal lands that involve intimate partner violence is a critical tool to bringing justice to victims and safety to Tribal communities.”
“Everyone has the right to expect justice after being harmed, no less so when the perpetrator is your partner.” said W. Mike Herrington, Special Agent in Charge of the FBI’s Seattle field office. “I commend the victim in this case for advocating for herself, and I hope this sentence provides her with some measure of comfort. Given the violence inflicted by Mr. Grant-Schmidt on his partner, it is clear his community will be safer with him in prison.”
This case was investigated by the FBI and the Spokane Tribal Police. It was prosecuted by Special Assistant United States Attorney Michael L. Vander Giessen.
2:24-cr-00085-TOR
Mississippi Man Pleads Guilty to Transporting Child Sexual Abuse MaterialRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that Jonathan Patrick Maston (59, Pass Christian, MS) has pleaded guilty to transportation of child sexual abuse material (CSAM). Maston faces a minimum penalty of 5 years, up to 20 years, in federal prison. A sentencing hearing is set for March 6, 2025.
According to the plea agreement, in April 2022, Maston arrived in Port Canaveral, returning from an international cruise. As he was disembarking the ship, Maston was referred for a secondary inspection. A search of his cellphone revealed CSAM images and videos. During an interview with law enforcement agents, Maston admitted to viewing CSAM over the last 15 years. A search warrant was also executed on Maston’s iCloud account, which revealed additional CSAM. In total, the contents of Maston’s cellphone and iCloud account contained more than 1,000 CSAM images and videos.
This case was investigated by Homeland Security Investigations and U.S. Customs and Border Protection. It is being prosecuted by Assistant United States Attorney Megan Testerman.
This 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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Miami Duo Found Guilty of Kidnapping and MurderRead the Press Release
MIAMI – On Dec. 17., James Edward Daniels, 59, and Frederick Eugene Rudolph, 69, of Miami, Fla., were found guilty of conspiracy to commit kidnapping resulting in death, multiple counts of kidnapping resulting in death, and kidnapping, at trial before U.S. District Court Judge Roy K. Altman.
On Dec. 5, 2020, Daniels, Rudolph, and other co-conspirators kidnapped three victims from a truck yard in Opa Locka, Fla. They bound and tortured the victims, duct-taped their eyes, and threw them into the back of a rented van after stealing the victims’ drugs. They drove around the city for hours before taking the victims to an abandoned house in Opa-Locka and attempting to execute them by shooting the three victims. Two of the victims died, while one miraculously survived.
Daniels stole jewelry from one of the murdered victims, and all the defendants benefitted by receiving drugs, money, or both, in exchange for their participation in the conspiracy.
A third defendant, Herbert Barr, 56, pled guilty to kidnapping on Nov. 26.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, Director Stephanie V. Daniels of the Miami-Dade Police Department, and Special Agent in Charge Deanne L. Reuter of the Drug Enforcement Administration (DEA), Miami Field Division, made the announcement.
FBI Miami Division Homestead Resident Agency, Miami-Dade Police Department Homicide Bureau, and DEA Homestead Office investigated the case. Assistant U.S. Attorneys Yara Dodin, Nardia Haye, and Katie Guthrie are prosecuting the case.
Sentencing is scheduled for March 10, 2025, before Judge Altman. Daniels and Rudolph face up to life in prison, criminal fines of up to $250,000 as to each count, and up to a lifetime on supervised release.
This investigation was carried out by members of the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force. The South Florida HIDTA, established in 1990, is made up of federal, state, and local law enforcement agencies who, cooperatively, target the region’s drug-trafficking and money laundering organizations. The South Florida HIDTA is funded by the Office of National Drug Control Policy, which sponsors a variety of initiatives focused the nation’s illicit drug trafficking threats. For more information regarding HIDTA visit https://www.dea.gov/operations/hidta.
You may find a copy of this press release (and any updates) on the website of the United States Attorney’s Office for the Southern District of Florida at 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 www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-20431.
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Mexican Citizen Sentenced to 12 Months for Illegally Reentering the United States a Year After DeportationRead the Press Release
SYRACUSE, NEW YORK – Juan Jose-Ambrosio, age 27, who was living in Onondaga County, was sentenced to 12 months imprisonment today for illegally reentering the United States after previously being convicted of illegal reentry last year. United States Attorney Carla B. Freedman and Thomas P. Brophy, Field Office Director, U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations, (ICE-ERO) Buffalo, NY made the announcement.
Jose-Ambrosio had previously been deported or removed from the United States to Mexico three times. As part of his previous guilty plea, Jose-Ambrosio admitted that he had been convicted of illegal reentry into the United States in August 2023, and deported shortly thereafter. Thereafter, Jose-Ambrosio returned and was most recently found in the United States in Syracuse, New York, after he was arrested for driving under the influence of alcohol. Jose-Ambrosio will be subject to deportation again at the conclusion of his prison sentence.
The U.S. Department of Homeland Security-ICE-ERO investigated the case with the help of the United States Marshall Service and the Town of New Hartford Police Department. Special Assistant U.S. Attorney Paul Tuck prosecuted the case.
Member of multi-million-dollar Ponzi scheme involving off-the-road tires pleads guiltyRead the Press Release
COLUMBUS, Ohio – A member of a $50 million, multi-state Ponzi scheme conspiracy pleaded guilty in federal court here today.
John K. Eckerd, Jr., 60, of Dallas, admitted to conspiring to commit wire fraud and tax crimes. In total, Eckerd received at least $14 million from the tire sales scheme. Eckerd’s plea agreement includes a sentence recommendation of 36 to 109 months in prison.
Conspiring with previously convicted and sentenced defendant Jason E. Adkins, 47, of Jackson, Ohio, Eckerd and others participated in a multi-million-dollar Ponzi scheme.
According to court documents, Eckerd and other members of the conspiracy portrayed to investors that they were in the business of buying and selling off-the-road tires. Off-the-road tires are over-sized tires that are used on earth moving equipment and/or mining equipment.
Eckerd recruited investors and represented to investors that he worked with Adkins in tire sales. Few if any transactions were completed as designed. Instead, investor funds were used for the personal use of Eckerd and other members of the conspiracy, and to repay other victims. On multiple occasions, investors who were solicited by Eckerd invested in purported tire deals and then either lost money in tire deals that fell apart or were paid back some or all of their investments with other victims’ money, or both.
Eckerd also conspired with Adkins to evade the payment of income taxes. Beginning in mid-2016, Eckerd made attempts with Adkins to re-classify payments from Adkins as loans, to avoid tax consequences. He also concealed income through shell entities and nominees. Eckerd has admitted evading the payment of $1,028,454 in taxes.
A final restitution amount will be set by the Court at sentencing. The plea includes the forfeiture of $14 million, which will be satisfied in part by the forfeiture of Eckerd’s home in McKinney, Texas.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Karen Wingerd, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation; and Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the guilty plea entered today before U.S. District Judge Algenon L. Marbley, Jr. Assistant United States Attorneys S. Courter Shimeall, Peter K. Glenn-Applegate and David J. Twombly are representing the United States in this case.
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Medicare Advantage provider Independent Health to pay up to $98m to settle False Claims Act suitRead the Press Release
BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that Independent Health Association and its affiliate, Independent Health Corporation (collectively, Independent Health) have agreed to pay up to $98 million to resolve allegations that they violated the False Claims Act by knowingly submitting or causing the submission of invalid diagnosis codes to Medicare for Medicare Advantage Plan enrollees to increase payments that Independent Health received from Medicare. Independent Health is headquartered in Buffalo, New York.
Under Medicare Advantage, also known as the Medicare Part C program, Medicare beneficiaries have the option of enrolling in managed care insurance plans called Medicare Advantage Plans (MA Plans). MA Plans are paid a per-person amount to provide Medicare-covered benefits to beneficiaries who enroll in one of their plans. The Centers for Medicare and Medicaid Services (CMS), which oversees the Medicare program, adjusts the payments to MA Plans based on demographic information and the diagnoses of each plan beneficiary. The adjustments are commonly referred to as “risk scores.” In general, a beneficiary with diagnoses more expensive to treat will have a higher risk score, and CMS will make a larger risk-adjusted payment to the MA Plan for that beneficiary.
Independent Health operates MA plans for beneficiaries living in western New York. As alleged by the United States, Independent Health created a wholly owned subsidiary, DxID LLC, to retrospectively search medical records and query physicians for information that would support additional diagnoses that could be used to generate higher risk scores, and DxID provided these services to Independent Health and other MA Plans. The United States filed a complaint alleging that, from 2011 through at least 2017, Independent Health, with the assistance of DxID and its founder and chief executive, Betsy Gaffney, knowingly submitted diagnoses to CMS that were not supported by the beneficiaries’ medical records in order to inflate Medicare’s payments to Independent Health.
“To protect the integrity of Medicare and other federal health care programs, my office is committed to ensuring that each and every dollar meant for Medicare beneficiaries is spent appropriately and in accordance with the law,” said U.S. Attorney Trini E. Ross for the Western District of New York. “As this settlement makes clear, we will diligently pursue those who defraud government programs.”
“The government expects those who participate in Medicare Advantage to provide accurate information to ensure that proper payments are made for the care received by enrolled beneficiaries,” said Deputy Assistant Attorney General Michael Granston of the Justice Department's Civil Division. “Today’s result sends a clear message to the Medicare Advantage community that the United States will take appropriate action against those who knowingly submit inflated claims for reimbursement.”
“Medicare Advantage Plans that attempt to game federal programs for profit must be held accountable through rigorous oversight and enforcement,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to root out fraud, waste and abuse in federal health care programs.”
Under the terms of the settlement, Independent Health will make guaranteed payments of $34,500,000 and contingent payments of up to $63,500,000 on behalf it itself and DxID, which ceased operations in 2021. The settlement is based on Independent Health’s ability to pay. Gaffney will separately pay $2,000,000.
In connection with the settlement, Independent Health entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. The CIA requires, among other things, that Independent Health hire an Independent Review Organization to annually review a sample of Independent Health’s Medicare Advantage patients’ medical records and associated internal controls to help ensure appropriate risk adjustment payments.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Teresa Ross, a former employee of Group Health Cooperative, now Kaiser Foundation Health Plan of Washington (Kaiser). Under the qui tam provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The Act permits the government to intervene in such lawsuits as it has done in this case. Ms. Ross will receive at least $8,212,500 of the settlement announced today. Ms. Ross also alleged that Kaiser employed DxID to identify additional diagnoses to be submitted to Medicare for risk adjustment, and the United States previously settled those claims with Kaiser.
The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to HHS, at 800-HHS-TIPS (800-447-8477).
Assistant U.S. Attorney David Coriell and investigator Peggy McFarland for the Western District of New York and Attorneys Samson Asiyanbi and David Wiseman of the Civil Division’s Fraud Section handled the matter, with assistance from the HHS-OIG Buffalo Regional Office.
The case is captioned United States ex rel. Ross v. Independent Health Association et al., No. 12-CV-0299(S) (WDNY).
The claims resolved by the settlement are allegations only. There has been no determination of liability.
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Medicare Advantage Provider Independent Health to Pay up to $98M to Settle False Claims Act SuitRead the Press Release
Independent Health Association and its affiliate, Independent Health Corporation (collectively, Independent Health) have agreed to pay up to $98 million to resolve allegations that they violated the False Claims Act by knowingly submitting or causing the submission of invalid diagnosis codes to Medicare for Medicare Advantage Plan enrollees to increase payments that Independent Health received from Medicare. Independent Health is headquartered in Buffalo, New York.
Under Medicare Advantage, also known as the Medicare Part C program, Medicare beneficiaries have the option of enrolling in managed care insurance plans called Medicare Advantage Plans (MA Plans). MA Plans are paid a per-person amount to provide Medicare-covered benefits to beneficiaries who enroll in one of their plans. The Centers for Medicare and Medicaid Services (CMS), which oversees the Medicare program, adjusts the payments to MA Plans based on demographic information and the diagnoses of each plan beneficiary. The adjustments are commonly referred to as “risk scores.” In general, a beneficiary with diagnoses more expensive to treat will have a higher risk score, and CMS will make a larger risk-adjusted payment to the MA Plan for that beneficiary.
Independent Health operates MA plans for beneficiaries living in western New York. As alleged by the United States, Independent Health created a wholly owned subsidiary, DxID LLC, to retrospectively search medical records and query physicians for information that would support additional diagnoses that could be used to generate higher risk scores, and DxID provided these services to Independent Health and other MA Plans. The United States filed a complaint alleging that, from 2011 through at least 2017, Independent Health, with the assistance of DxID and its founder and chief executive, Betsy Gaffney, knowingly submitted diagnoses to CMS that were not supported by the beneficiaries’ medical records in order to inflate Medicare’s payments to Independent Health.
“The government expects those who participate in Medicare Advantage to provide accurate information to ensure that proper payments are made for the care received by enrolled beneficiaries,” said Deputy Assistant Attorney General Michael Granston of the Justice Department's Civil Division. “Today’s result sends a clear message to the Medicare Advantage community that the United States will take appropriate action against those who knowingly submit inflated claims for reimbursement.”
“To protect the integrity of Medicare and other federal health care programs, my office is committed to ensuring that each and every dollar meant for Medicare beneficiaries is spent appropriately and in accordance with the law,” said U.S. Attorney Trini E. Ross for the Western District of New York. “As this settlement makes clear, we will diligently pursue those who defraud government programs.”
“Medicare Advantage Plans that attempt to game federal programs for profit must be held accountable through rigorous oversight and enforcement,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to root out fraud, waste and abuse in federal health care programs.”
Under the terms of the settlement, Independent Health will make guaranteed payments of $34,500,000 and contingent payments of up to $63,500,000 on behalf it itself and DxID, which ceased operations in 2021. The settlement is based on Independent Health’s ability to pay. Gaffney will separately pay $2,000,000.
In connection with the settlement, Independent Health entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. The CIA requires, among other things, that Independent Health hire an Independent Review Organization to annually review a sample of Independent Health’s Medicare Advantage patients’ medical records and associated internal controls to help ensure appropriate risk adjustment payments.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Teresa Ross, a former employee of Group Health Cooperative, now Kaiser Foundation Health Plan of Washington (Kaiser). Under the qui tam provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The Act permits the government to intervene in such lawsuits as it has done in this case. Ms. Ross will receive at least $8,212,500 of the settlement announced today. Ms. Ross also alleged that Kaiser employed DxID to identify additional diagnoses to be submitted to Medicare for risk adjustment, and the United States previously settled those claims with Kaiser.
The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to HHS, at 800-HHS-TIPS (800-447-8477).
Attorneys Samson Asiyanbi and David Wiseman of the Civil Division’s Fraud Section and Assistant U.S. Attorney David Coriell and investigator Peggy McFarland for the Western District of New York handled the matter, with assistance from the HHS-OIG Buffalo Regional Office.
The case is captioned United States ex rel. Ross v. Independent Health Association et al., No. 12-CV-0299(S) (WDNY).
The claims resolved by the settlement are allegations only. There has been no determination of liability.
View the settlement here.
Marshalltown Man Sentenced to 17 Years in Federal Prison for Drug and Firearm ChargesRead the Press Release
DES MOINES, Iowa – A Marshalltown man was sentenced on December 12, 2024 to 204 months in federal prison for possessing a distribution quantity of methamphetamine and carrying a firearm in relation to his drug trafficking.
According to public court documents, Anthony James Shearer, 39, was found in possession of more than 40 grams of methamphetamine during a traffic stop in February 2024. At the time, he has absconded from his parole for a 2020 state drug trafficking conviction. In a backpack inside the car, Shearer had two loaded firearms.
After completing his term of imprisonment, Shearer will be required to serve a five-year term of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Mid-Iowa Drug Task Force.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
Man Sentenced to 18 Year Prison Term for Killing a Man in Southeast WashingtonRead the Press Release
WASHINGTON – Antoine Lynch, 38, of Washington, D.C., was sentenced today to 18 years in prison for shooting Delonte Maxwell in the 2300 block of Pennsylvania Ave. Southeast in Washington DC, announced U.S. Attorney Matthew M. Graves and Chief Pamela Smith, of the Metropolitan Police Department (MPD).
The United States Attorney’s Office requested a 26 year sentence which would have been the top of Lynch’s 14-26 year guidelines range. Lynch pleaded guilty to one count of second-degree murder while armed, on March 22, 2024, in the Superior Court of the District of Columbia.
According to the government’s evidence, Lynch initially got into a verbal dispute with Mr. Maxwell as he was walking by Lynch’s residence. Lynch chased Mr. Maxwell away but when he later heard from a friend that Mr. Maxwell was still in the neighborhood, he left his residence armed with a firearm to find Mr. Maxwell. Accompanied by his friend and Lynch’s young daughter, Lynch found Mr. Maxwell walking along the sidewalk and proceeded to shoot him at point blank range as they passed each other.
In announcing the sentence, U.S. Attorney Graves and Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by Capital Area Regional Fugitive Task Force. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant United States Attorney Kacie Weston, Paralegal Specialist Grazy Rivera, and Victim/Witness Advocate Christina Bloodworth.
Finally, they commended the work of Assistant U.S. Attorney Brian Ganjei, who investigated and prosecuted the case.
Man Convicted by Jury for Killing a Woman Retrieving Personal Items from His Girlfriend’s ApartmentRead the Press Release
WASHINGTON – Amard Jefferson, 25, of Ft. Washington, MD, was found guilty by a Superior Court jury of one count of second-degree murder while armed, for the August 2021 murder of 20-year-old Kendall Brown, announced U.S. Attorney Matthew M. Graves and Chief Pamela Smith of the Metropolitan Police Department (MPD). Jefferson was also convicted of obstruction of justice for trying to convince his girlfriend to tell authorities that she killed Kendall Brown – not him.
Superior Court Judge Rainey Brandt scheduled sentencing for February 14, 2025. Jefferson faces a statutory maximum sentence of 60 years in prison.
According to the government’s evidence, at approximately 4:28 p.m., on August 7, 2021, in the 3000 block of Nelson Place, Southeast, Ms. Brown and two others went to the apartment of Jefferson’s girlfriend to retrieve personal items that one of them left behind after moving out of the apartment. While there, a verbal argument occurred. The defendant, who was not initially involved in the verbal argument, escalated the argument by introducing and reaching for his firearm and threatening the women that he was going to “call his men.” Shortly thereafter, and without cause or justification, the defendant shot Ms. Brown. After locking the decedent into the apartment, the defendant fled with his girlfriend and a minor child. As he fled the crime scene, he stashed the murder weapon -- a black 9mm ghost gun – in a drainpipe a few blocks away.. Defendant Jefferson continued his efforts to prevent legal accountability a few days after his arrest when he attempted, through text messages and phone calls from the D.C. Department of Corrections, to convince his girlfriend to affirmatively and falsely take blame for the murder.
This case was investigated by the Metropolitan Police Department’s Homicide Branch, and the U.S. Attorney’s Office for the District of Columbia. The case is being prosecuted by Assistant United States Attorneys Emily Kubo and Stephanie Dinan.