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Monday 15 April 2024
Former President and Head Bookkeeper of Moving Company Convicted of Multimillion-Dollar Payroll Tax Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that a jury returned a guilty verdict against JOSEPH EUGENE LEMAY, a/k/a “Gene Lemay,” and JOEL LINGAT for criminal tax conspiracy. LEMAY is the former president of a company that provides moving and storage services (“Company-1”), and LINGAT is Company-1’s head bookkeeper. LEMAY and LINGAT conspired to perpetrate a long-running scheme to evade more than approximately $7.7 million in federal payroll taxes owed by Company-1 and affiliated companies to the Internal Revenue Service (“IRS”). The defendants were found guilty following a two-week trial before U.S. District Judge Mary Kay Vysckocil.
U.S. Attorney Damian Williams said: “Gene Lemay and Joel Lingat cheated the systems that are in place to protect hardworking Americans at the end of their careers. As a result, Social Security and Medicare were deprived of millions in payroll taxes. This Office will not stand by when employers violate the public trust by refusing to pay taxes meant to support their workers.”
According to the allegations in the Indictment, the criminal Complaint previously filed against LINGAT (where LEMAY is identified as CC-1), and the evidence at trial:
From in or about 2010 through in or about December 2016, LEMAY, LINGAT, and other co-conspirators perpetrated a scheme to defraud the U.S. government of payroll and income taxes due and owing to the IRS by Company-1 and affiliated companies. As part of the criminal scheme, LEMAY, LINGAT, and their co-conspirators created front companies, nominally owned by close associates or family members of LEMAY or others at Company-1; assigned (on paper only) foremen and movers working for Company-1 to the sham companies; and fraudulently made it appear that the sham companies were independent contractors, including by creating fake invoices by which the sham companies purportedly billed Company-1 for labor. Because the conspirators fraudulently made it appear that the labor was performed by independent contractors, Company-1 was able to deduct the cost of the labor as an expense on its tax returns, without withholding or paying over any payroll taxes to the IRS. Through the criminal scheme, Company-1 and affiliated companies evaded in excess of approximately $7.7 million in payroll taxes, including FICA and Medicare contributions, during the charged period.
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LEMAY, 63, of Delray Beach, Florida, and LINGAT, 62, of Jersey City, New Jersey, were convicted of one count of conspiracy to defraud the IRS, which carries a maximum sentence of five years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the IRS-Criminal Investigation.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Timothy V. Capozzi, Jilan Kamal, and Steven Kochevar are in charge of the prosecution, with assistance from Paralegal Specialists Geoffrey Mearns and Julia Gutierrez.
Former Owner of Philadelphia CDL School Sentenced to 57 Months in Prison for Bribing CDL Examiner and Witness TamperingRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Vladimir Tsymbalenko, 53, the former owner of Vlad’s CDL School in Philadelphia, PA, was sentenced to 57 months’ imprisonment, three years of supervised release, and a $5,000 fine by United States District Court Judge Jeffrey L. Schmehl for bribing a Commercial Driver’s License examiner to pass some of Tsymbalenko’s students who did not actually pass, or never even took, the CDL examination, and for asking a witness to lie.
On October 11, 2023, Tsymbalenko had pleaded guilty to one count of bribery concerning programs receiving federal funds and one count of witness tampering.
“The last thing anyone should want on our roads are people behind the wheel of big rigs or school buses with bogus CDL certifications,” said U.S. Attorney Romero. “Licensure standards are intended to ensure that someone has the training and skills needed to safely move these huge vehicles and their cargo — human or otherwise — from Point A to Point B. As Tsymbalenko’s nearly five-year prison sentence shows, my office and our partners will work to hold accountable anyone seeking to evade such critical government regulations.”
“This sentencing of Vladimir Tsymbalenko demonstrates the Department of Transportation Office of Inspector General’s (DOT-OIG) commitment to pursuing individuals in the motor carrier industry who are willing to compromise the safety of the traveling public for personal gain,” stated Christopher A. Scharf, Regional Special Agent in Charge for DOT-OIG. “Working with our agency, law enforcement, and prosecutorial partners, we remain focused in our efforts to prevent, detect, and prosecute fraud schemes that compromise the integrity of DOT’s safety programs.”
“Corruption and fraud, at any level, is not tolerated, especially for licensing standards designed to keep our community safe,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “The FBI will continue to work alongside our federal, state and local partners to pursue those who orchestrate these fraudulent schemes which undermine the integrity of these licenses.”
The case was investigated by the Department of Transportation Office of Inspector General and the Federal Bureau of Investigation, with the assistance of the Pennsylvania Department of Transportation and the Pennsylvania State Police, and was prosecuted by Assistant United States Attorney K.T. Newton.
Former North Korean Official Indicted on Sanctions Evasion, Conspiracy to Commit Bank Fraud, and Money Laundering ChargesRead the Press Release
An indictment was unsealed today charging a former North Korean official serving in Thailand, Myong Ho Ri, with conspiracy to violate U.S. economic sanctions bank fraud, and international money laundering.
According to the indictment, Ri arranged for shipments of goods to North Korea using U.S. dollar wire transfers without receiving a license from the U.S. Treasury Department. Ri is charged with one count of conspiracy to violate the International Emergency Economic Powers Act (IEEPA), one count of conspiracy to commit bank fraud, and 18 counts of international money laundering relating to a scheme to smuggle goods into North Korea from Thailand via Dalian, China.
“As alleged, this defendant deliberately circumvented U.S. sanctions by using front companies to deceive American banks as he smuggled goods into North Korea,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will be relentless in pursuing those who violate sanctions and advance North Korea’s nuclear weapons and ballistic missile programs.”
“This defendant allegedly skirted the sanctions put in place by the U.S. government in order to protect our national security,” said U.S. Attorney Matthew Graves for the District of Columbia. “He is also alleged to have thwarted U.S. banking laws, so that he could conduct business for North Korea, a foreign government that is determined to unlawfully expand its nuclear program. Working with our partners, we will make every effort to bring to justice the people who put this country at risk, no matter where in the world they operate.”
On March 15, 2016, the President issued Executive Order 13,722 to address the Government of North Korea’s continuing pursuit of its nuclear and ballistic missile programs. That and subsequent regulations prohibit the export of financial services from the United States or by any U.S. person to North Korea, including the processing of U.S. dollar wires for transactions conducted overseas.
According to the indictment, beginning around February 2015, Ri used his position as Third Economic and Commercial Secretary in the Embassy of North Korea in Thailand to negotiate contracts on behalf of a North Korean company to ship goods into North Korea from Thailand, utilizing multiple front companies and co-conspirators in Thailand and Malaysia. Ri and his co-conspirators deliberately concealed the intended destination of the goods from banking institutions located in the United States and directed shipments through Dalian, China in order to obscure the true nature of their business. As a result, U.S. financial institutions unknowingly processed multiple U.S. dollar transactions for the benefit of North Korea.
The Department of Homeland Security Investigation’s Washington D.C. Field Office is investigating the case.
Assistant U.S. Attorneys Christopher Tortorice and Maeghan Mikorski for the District of Columbia and Trial Attorneys Stephen Marzen and Tracy Varghese of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case, with valuable assistance was provided by former Assistant U.S. Attorney Michael Grady.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Marine Sentenced to 9 Years in Federal Prison for Molotov Cocktail Attack Against Planned Parenthood Clinic in Orange CountyRead the Press Release
SANTA ANA, California – An Orange County man who firebombed a Planned Parenthood clinic in Costa Mesa and plotted other attacks – including an attack on the Orange County power grid in furtherance of a race war, an attack at Dodger Stadium during an LGBTQ+ pride night celebration, and the home invasions of Jewish homes in Los Angeles – was sentenced today to 108 months in federal prison.
Chance Brannon, 24, of San Juan Capistrano, who was an active-duty member of the United States Marine Corps stationed at Camp Pendleton at the time of the firebombing, was sentenced by United States District Judge Cormac J. Carney, who also ordered Brannon to pay $1,000 in restitution. Brannon has been in federal custody since his arrest in June 2023.
Judge Carney said Brannon “engaged in cruel and indefensible domestic terrorism.”
Brannon pleaded guilty in November 2023 to one count of conspiracy, one count of malicious destruction of property by fire and explosives, one count of possession of an unregistered destructive device, and one count of intentionally damaging a reproductive health services facility in violation of the Freedom of Access to Clinic Entrances Act.
“This defendant’s deep-seated hatred led him to commit a firebombing and plan many other acts of violence, including starting a race war,” said United States Attorney Martin Estrada. “This prosecution sends a message that we will act decisively to protect all members of our community from acts of violence, and that we will remain united against hate.”
“The Justice Department does not tolerate the use of violence to intimidate and endanger,” said Deputy Attorney General Lisa Monaco. “This prosecution and today’s sentence hold the defendant accountable for placing lives at risk by launching a brazen attack with an explosive device against a health care facility.”
“The defendant violently attacked a reproductive healthcare facility and plotted multiple, potentially deadly assaults to advance his hate-fueled agenda,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The defendant’s assault on the Costa Mesa Clinic was designed to terrorize patients seeking reproductive healthcare and the people who provide it. Such violence has no place in the national discourse on reproductive health. The Justice Department will continue to investigate and prosecute those who seek to use threats of violence, force, and destruction of property to target vulnerable communities.”
“Mr. Brannon’s deep-rooted hatred and extremist views inspired him to target individuals or groups who did not conform to his neo-Nazi worldview and, in one case, led him to carry out a violent attack which could have killed innocent people,” said Mehtab Syed, the Acting Assistant Director in Charge of the FBI’s Los Angeles Field Office. “I’m proud of the hard work and collaboration by the JTTF whose members built this case and apprehended Brannon before additional acts of domestic terrorism could be carried out, as well as the hard work by prosecutors and agents leading to today’s sentencing.”
“This case represents the successful interagency coordination between NCIS, Costa Mesa first responders, and the FBI’s Joint Terrorism Task Force,” said Assistant Special Agent in Charge Michael Payne of the NCIS Marine West Field Office. “Such acts of terror in an attempt to preventing access to reproductive health services is intolerable.”
In February and March of 2022, Brannon and his co-defendants – Tibet Ergul, 22, of Irvine, and Xavier Batten, 21, of Brooksville, Florida – conspired to use a Molotov cocktail to destroy a commercial property. Brannon considered various targets, including the Anti-Defamation League office in San Diego, but ultimately chose to target a Planned Parenthood clinic in Costa Mesa to scare pregnant women, deter doctors and staff from providing abortion services, and encourage similar violent acts.
During the early morning hours of March 13, 2022, Brannon and Ergul ignited and threw the Molotov cocktail at the clinic, striking the clinic entrance and starting a fire before fleeing. Brannon and Ergul returned hours later to surveil their work. In its sentencing memorandum, the government argued that “rather than allow the judicial and legislative systems to unfold, [Brannon] took matters into his own hands, weaponizing fear and intimidation to achieve his political ends.”
In May 2022, Brannon counseled Batten on how to “get away with” committing a similar attack to the Costa Mesa one. In June 2022, following the U.S. Supreme Court’s decision overturning Roe v. Wade, its 1973 ruling that recognized a constitutional right to abortion, Brannon and Ergul planned to use a second Molotov cocktail to damage or destroy a second Planned Parenthood clinic. Ultimately, Brannon and Ergul abandoned their plan because they saw law enforcement near the clinic they planned to target.
Beginning sometime in 2022 and continuing through the time of their arrests, Ergul and Brannon discussed starting a race war by attacking an electrical substation with the goal of disrupting the functioning of the power grid in Orange County. On a thumb drive disguised as a military-style necklace bearing the motto for the Marine Corps, Brannon kept a file containing an operation plan and a gear list for targeting a Southern California Edison substation. Brannon possessed several items on the gear list, including a rifle with “Total [N-word] Death” written in Cyrillic and a recording of the 2019 mosque shooting in Christchurch, New Zealand, where a white supremacist murdered 51 people and injured 40 others.
According to the government’s sentencing memorandum, Brannon used racial slurs for various minority groups, “made hateful comments towards all non-white individuals,” and discussed “cleans[ing]” the United States of particular ethnic groups. In the weeks leading up to his arrest, Brannon texted a friend, “Can we just be done with elections and have the race war already” and complained that “[p]eople will never do anything if everyone keeps waiting for [a race war] to start on its own.”
Throughout the early summer of 2023, Brannon and Ergul also discussed and researched how to attack Dodger Stadium on a night celebrating LGBTQ pride, including by using a remote-detonated device. As part of those conversations, Brannon shared a “WW2 sabotage manual” with Ergul, discussed doing “dry runs” to “case” the stadium, and conducted research on Ted Kaczynski, also known as the Unabomber. Brannon and Ergul were arrested two days before the event, according to court documents.
Brannon was motivated by an extremist neo-nazi ideology, prosecutors wrote in their sentencing memorandum. Brannon frequently greeted his friends using “88,” which is coded language for “Heil Hitler,” and he called Adolf Hitler “a great man who loved his people and tried to save us all from the jews,” According to the sentencing memorandum. Brannon possessed antisemitic writings, drawings and literature in his bedroom at the time of his arrest and made comments to his fellow Marines including “All jews deserve to die.”
Just days before his arrest, Brannon began planning with a friend to rob Jewish residents of the Hollywood Hills. As prosecutors argued in court documents, Brannon’s “use of racial and homophobic slurs, casual expressions of misogyny, and persistent expressions of violent intent went far beyond empty words; rather, defendant intended – and in many instances planned – to take overt action that would at the very least scare and intimidate women, racial minorities, and the Jewish and LGBTQ+ communities, and would at worst harm or even kill real victims.”
At the time of his arrest, Brannon possessed a short-barreled rifle and two silencers, which he had not registered with the National Firearms Registration and Transfer Record. According to the government’s sentencing memorandum, in 2022, Brannon placed calls to two foreign adversaries, hoping to offer himself up as a “mole” by providing U.S. intelligence.
Batten and Ergul pleaded guilty earlier this year to criminal charges in this case and have sentencing hearings scheduled, respectively, for May 13 and May 30.
The FBI and the Naval Criminal Investigative Service investigated this matter, with substantial assistance from the Costa Mesa Police Department and the Costa Mesa Fire Department.
Assistant United States Attorney Kathrynne N. Seiden of the Terrorism and Export Crimes Section is prosecuting this case.
Former Marine Sentenced for Molotov Cocktail Attack Against Planned Parenthood Clinic in Orange County, CaliforniaRead the Press Release
A California man who firebombed a Planned Parenthood clinic in Costa Mesa, California, and plotted other attacks, including an attack on the Orange County, California, power grid in furtherance of a race war, an attack at Dodger Stadium during an LGBTQI+ pride night celebration, and the home invasions of Jewish homes in Los Angeles was sentenced today to nine years in prison and ordered to pay $1,000 in restitution.
Chance Brannon, 24, of San Juan Capistrano, who was an active-duty member of the U.S. Marine Corps stationed at Camp Pendleton at the time of the firebombing, was sentenced by U.S. District Judge Cormac J. Carney. Brannon has been in federal custody since his arrest in June 2023.
Brannon pleaded guilty in November 2023 to one count of conspiracy, one count of malicious destruction of property by fire and explosives, one count of possession of an unregistered destructive device, and one count of intentionally damaging a reproductive health services facility in violation of the Freedom of Access to Clinic Entrances (FACE) Act.
“The Justice Department does not tolerate the use of violence to intimidate and endanger,” said Deputy Attorney General Lisa Monaco. “This prosecution and today’s sentence hold the defendant accountable for placing lives at risk by launching a brazen attack with an explosive device against a health care facility.”
“The defendant violently attacked a reproductive healthcare facility and plotted multiple, potentially deadly assaults to advance his hate-fueled agenda,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The defendant’s assault on the Costa Mesa Clinic was designed to terrorize patients seeking reproductive healthcare and the people who provide it. Such violence has no place in the national discourse on reproductive health. The Justice Department will continue to investigate and prosecute those who seek to use threats of violence, force, and destruction of property to target vulnerable communities.”
“This defendant’s deep-seated hatred led him to commit a firebombing and plan many other acts of violence, including starting a race war,” said U.S. Attorney Martin Estrada for the Central District of California. “This prosecution sends a message that we will act decisively to protect all members of our community from acts of violence, and that we will remain united against hate.”
“Brannon’s deep-rooted hatred and extremist views inspired him to target individuals or groups who did not conform to his neo-Nazi worldview and, in one case, led him to carry out a violent attack which could have killed innocent people,” said Acting Assistant Director in Charge Mehtab Syed of the FBI Los Angeles Field Office. “I’m proud of the hard work and collaboration by the Joint Terrorism Task Force, whose members built this case and apprehended Brannon before additional acts of domestic terrorism could be carried out, as well as the hard work by prosecutors and agents leading to today's sentencing.”
“This case represents the successful interagency coordination between Naval Criminal Investigative Service (NCIS), Costa Mesa first responders, and the FBI’s Joint Terrorism Task Force,” said Assistant Special Agent in Charge Michael Payne of the NCIS Marine West Field Office. “Such acts of terror in an attempt to preventing access to reproductive health services is intolerable.”
In February and March 2022, Brannon and his co-defendants, Tibet Ergul, 22, of Irvine, California, and Xavier Batten, 21, of Brooksville, Florida, conspired to use a Molotov cocktail to destroy a commercial property. Brannon considered various targets, including the Anti-Defamation League office in San Diego, but ultimately chose to target a Planned Parenthood clinic in Costa Mesa to scare pregnant women, deter doctors and staff from providing abortion services, and encourage similar violent acts.
During the early morning hours of March 13, 2022, Brannon and Ergul ignited and threw the Molotov cocktail at the clinic, striking the clinic entrance and starting a fire before fleeing. Brannon and Ergul returned hours later to surveil their work. In its sentencing memorandum, the government argued that “rather than allow the judicial and legislative systems to unfold, [Brannon] took matters into his own hands, weaponizing fear and intimidation to achieve his political ends.”
In May 2022, Brannon counseled Batten on how to “get away with” committing a similar attack to the Costa Mesa one. In June 2022, following the Supreme Court’s decision overturning Roe v. Wade, its 1973 ruling that recognized a constitutional right to abortion, Brannon and Ergul planned to use a second Molotov cocktail to damage or destroy a second Planned Parenthood clinic. Ultimately, Brannon and Ergul abandoned their plan because they saw law enforcement near the clinic they planned to target.
Beginning sometime in 2022 and continuing through the time of their arrests, Ergul and Brannon discussed starting a race war by attacking an electrical substation with the goal of disrupting the functioning of the power grid in Orange County. On a thumb drive disguised as a military-style necklace bearing the motto for the Marine Corps, Brannon kept a file containing an operation plan and a gear list for targeting a Southern California Edison substation. Brannon possessed several items on the gear list, including a rifle with “Total [N-word] Death” written in Cyrillic and a recording of the 2019 mosque shooting in Christchurch, New Zealand, where a white supremacist murdered 51 people and injured 40 others.
According to the government’s sentencing memorandum, Brannon used racial slurs for various minority groups, “made hateful comments towards all non-white individuals,” and discussed “cleans[ing]” the United States of particular ethnic groups. In the weeks leading up to his arrest, Brannon texted a friend, “Can we just be done with elections and have the race war already” and complained that “[p]eople will never do anything if everyone keeps waiting for [a race war] to start on its own.”
Throughout the early summer of 2023, Brannon and Ergul also discussed and researched how to attack Dodger Stadium on a night celebrating LGBTQI+ pride, including by using a remote-detonated device. As part of those conversations, Brannon shared a “WW2 sabotage manual” with Ergul, discussed doing “dry runs” to “case” the stadium, and conducted research on Ted Kaczynski, also known as the Unabomber. Brannon and Ergul were arrested two days before the event, according to court documents.
Brannon was motivated by an extremist neo-Nazi ideology, prosecutors wrote in their sentencing memorandum. Brannon frequently greeted his friends using “88,” which is coded language for “Heil Hitler,” and he called Adolf Hitler “a great man who loved his people and tried to save us all from the jews,” according to the sentencing memorandum. Brannon possessed antisemitic writings, drawings, and literature in his bedroom at the time of his arrest and made comments to his fellow Marines, including “All jews deserve to die.”
Just days before his arrest, Brannon began planning with a friend to rob Jewish residents of the Hollywood Hills. As prosecutors argued in court documents, Brannon’s “use of racial and homophobic slurs, casual expressions of misogyny, and persistent expressions of violent intent went far beyond empty words; rather, defendant intended — and in many instances planned — to take overt action that would at the very least scare and intimidate women, racial minorities, and the Jewish and LGBTQI+ communities, and would at worst harm or even kill real victims.”
At the time of his arrest, Brannon possessed a short-barreled rifle and two silencers, which he had not registered with the National Firearms Registration and Transfer Record. According to the government’s sentencing memorandum, in 2022, Brannon placed calls to two foreign adversaries, hoping to offer himself up as a “mole” by providing U.S. intelligence.
Batten and Ergul pleaded guilty earlier this year to criminal charges in this case and have sentencing hearings scheduled, respectively, for May 15 and May 30.
The FBI and the NCIS investigated this matter, with substantial assistance from the Costa Mesa Police Department and the Costa Mesa Fire Department.
Assistant U.S. Attorney Kathrynne N. Seiden for the Central District of California’s Terrorism and Export Crimes Section is prosecuting this case.
Former Lobo Football Player Guilty of Robbing Postal CarrierRead the Press Release
ALBUQUERQUE – A former Lobo football player was convicted by a federal jury, after less than two hours of deliberation, robbing a postal carrier, stealing an arrow key belonging to the United States Postal Service, and being a prohibited person in possession of a firearm.
According to court documents and evidence presented at trial, on January 18, 2022, Rashawn Boyce, 28, of Albuquerque, and his co-defendant, Marquae Kirkendoll, 23, of Chicago, Illinois, approached a mail carrier while he was sitting in his truck near Louisiana and Central, pulled him out of his truck slammed him on the ground. The mail carrier testified that each suspect put a pistol to his head and demanded his keys. The mail carrier handed over his keys before a neighbor who witnessed the altercation intervened, but Boyce and Kirkendoll ran back to their car and took off.
The mail carrier was injured in the attack and feared for his life.
Following the attack, investigators from the U.S. Postal Inspectors Service received an anonymous tip leading them to Boyce. Investigators surveilled Boyce for several days while investigating him and eventually executed a search warrant on Boyce’s apartment. There they found the clothing Boyce could be seen wearing in video of the attack. A revolver, and two semiautomatic guns were seized.
During a subsequent interview, Boyce named Kirkendoll as his accomplice. Kirkendoll pled guilty in federal court to conspiracy and faces not more than 20 years in prison at sentencing.
The Court ordered that Boyce remain in detention pending sentencing, which has not been scheduled. At sentencing, Boyce faces up to ten years in prison followed by three years of supervised release.
There is no parole in the federal system.
Boyce is also under indictment for trafficking methamphetamine into the Cibola County Correctional Center in May 2022, while being held on the robbery case. The trial for those charges is scheduled for later this year.
U.S. Attorney Alexander M.M. Uballez and Glen Henderson, Inspector in Charge of the Phoenix Division of the Postal Inspection Service, made the announcement today.
The United States Postal Inspection Service investigated this case with assistance from Homeland Security Investigations. Assistant U.S. Attorneys Letitia Carroll Simms and Joseph Spindle prosecuted the case.
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Former Farm Foreman Pleads Guilty to Extorting H-2A Agricultural Workers and Tax FraudRead the Press Release
BOISE – Ernesto Garibay Garza, 62, of Alamo, Texas, pleaded guilty to extorting H-2A agricultural workers and tax fraud, U.S. Attorney Josh Hurwit announced today.
According to court records, Garza worked as a supervisor and foreman of farm workers at F.D.C., an agricultural services company that operates farms throughout Idaho, including in Glenns Ferry. F.D.C. employed H-2A agricultural workers each year from approximately March to November. Between at least 2005 and 2019, and while he served as a supervisor and foreman, Garza was responsible for preparing and submitting payroll timesheets for H-2A workers based upon the number of hours worked. Garza was also responsible for assigning various tasks and projects to the workers that he supervised.
Between at least 2014 and 2019, Garza charged certain H-2A agricultural workers a flat fee to work at F.D.C. under the H-2A program, with the fee ranging from approximately $750 to $2,500. Garza charged the fees without F.D.C.’s knowledge or approval, and the H-2A agricultural workers paid the fees to Garza each year because they feared that they would be fired or not allowed to return to F.D.C. under the H-2A program in future years if they did not pay. Garza was not permitted to request or collect such fees under H-2A agricultural worker rules and regulations.
Between 2013 and 2019, Garza also deposited approximately $493,153 in unreported income into his personal bank accounts, in part, from the extortion described above as well as a separate scheme to defraud the farm. Garza did not disclose the additional income on his tax return for the years 2013 through 2019, which resulted in false Form 1040 tax returns being prepared and filed.
According to the U.S. Citizenship and Immigrations Services, the H-2A program allows U.S. employers who meet certain requirements to bring foreign nationals to the United States to fill temporary agricultural jobs that cannot otherwise be filled because there are not enough U.S. workers who are able, willing, qualified, and available to do the work.
Garza is scheduled to be sentenced on July 18, 2024. He faces a maximum penalty of 20 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Hurwit commended the work of Idaho State Police and Internal Revenue Service - Criminal Investigation, which led to the charges. Assistant U.S. Attorneys Sean Mazorol and Robert Firpo are prosecuting the case.
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Florida man sentenced to 20 years in prison for producing images of child sexual abuse and traveling across the U.S. to sexually abuse a minorRead the Press Release
Tacoma – A 42-year-old New Port Ritchey, Florida, man was sentenced today in U.S. District Court in Tacoma to 20 years in prison for production of child pornography and interstate travel with intent to engage in a sexual act with a minor, announced U.S. Attorney Tessa M. Gorman. Samuel Aaron Leonard was arrested July 2, 2020, in Vancouver, Washington, just outside the home of the 14‑year-old girl he had spent months enticing online for sexual abuse. Leonard communicated with the girl on a number of social media platforms and represented to the girl that he was 20 years old. At the sentencing hearing U.S. District Judge Benjamin H. Settle said, “To damage a life as significantly as you have is far worse than any aggravated assault…. You have to understand that your victims have a life sentence.”
“This case is a parent’s nightmare: a predator lurking online who preys on their child remotely and then travels thousands of miles to further harm a minor child,” said U.S. Attorney Gorman. “The investigation revealed that the victim in this case was not the first harmed by Mr. Leonard. This sentence is designed to protect the community from further crimes.”
According to records filed in the case, Leonard contacted the girl via a social media platform around April 1, 2020. Over the next few months, Leonard communicated with the girl on various social media sites and sent her a cell phone so that they could communicate by text and telephone. Unbeknownst to the girl, Leonard had installed tracking and surveillance software in the phone so that he could monitor her location and read her texts and emails. Leonard turned the conversations with the girl to a sexual nature and convinced her to send various sexually explicit photos.
The girl’s guardians became aware of the communication and contacted police in late June 2020. Law enforcement immediately seized both phones that the teen had been using to communicate and had an undercover officer take over the communication. Analyzing the communications and the cell phone information, the investigation revealed that Leonard had traveled from Florida to the Vancouver area via bus and was within a short bike ride of the girl’s home. When the officer, posing as the girl, revealed that the girl’s guardian had taken the phone Leonard had sent to her, Leonard said he would get her a new one. Police surveilled Leonard as he took a newly purchased phone, hid it in a package, and tossed the package over the fence to the girl’s backyard. Leonard was arrested shortly afterwards.
A search of Leonard’s hotel room revealed that he had a number of items used to restrain someone, such as ten sets of flex cuffs and two sets of metal handcuffs, as well as duct tape and electrical tape. He also had various sex toys and lubricants. In the plea agreement Leonard admits that in 2018 he traveled to Oklahoma to sexually assault a 16-year-old. Leonard’s phone contained videos of that sexual assault.
In asking for a 20-year-sentence, prosecutors wrote to the court, “Leonard has demonstrated a pattern of using minors to satiate his sexual desires. He used manipulation and hidden technology to monitor and control (the victim), violating her trust and disrupting her life. A significant sentence is required to reflect the seriousness of the offense, promote respect for the law, and provide just punishment for the offense. Only a prolonged period of incarceration will protect the public from Mr. Leonard.”
Judge Settle ordered 20 years of supervised release to follow prison, saying,
“When someone violates children like you have, there will be grave consequences, long prison terms, so we can begin to curb the terrible scourge of sexual exploitation of children from our culture.”
Leonard will be required to register as a sex offender.
The case was investigated by Homeland Security Investigations (HSI), the Vancouver Police Department, and Kalama Police Department.
The case is being prosecuted by Assistant United States Attorneys Kristine Foerster and Sean Waite with assistance from the Clark County Prosecuting Attorney’s Office.
Florida Woman Arrested for Filing False Tax Refund ClaimsRead the Press Release
MIAMI – On April 12, a Florida woman was arrested today on an indictment returned by a federal grand jury on April 4 in Miami that charged her with filing false tax returns.
According to the indictment, from 2017 through 2021, Yolanda Dewar, of Sunrise, allegedly filed four false tax returns on behalf of a trust to obtain refunds the trust was not entitled to receive. Specifically, Dewar allegedly filed returns falsely reporting that the trust earned significant income, made payments to the IRS, and had federal taxes withheld on its behalf. In addition, Dewar allegedly falsely claimed that these payments to the IRS were more than the tax the trust otherwise owed, thereby entitling it to large refunds. Dewar allegedly continued this conduct even after the IRS notified her that her claims were frivolous. Dewar allegedly sought refunds totaling over $1.9 million, of which the IRS paid approximately $500,000. Dewar allegedly used some of the fraudulently obtained proceeds to purchase a car for a family member, get plastic surgery and renovate her home.
Dewar is charged with four counts of filing false tax returns. If convicted, she faces three years in prison for each count. She also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Special Agent in Charge Matthew D. Line of the IRS Criminal Investigation (IRS-CI) Miami Field Office made the announcement.
IRS-CI Miami is investigating the case.
Assistant U.S. Attorney Deric Zacca and Trial Attorneys Melissa S. Siskind and Kavitha Bondada of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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 24-cr-60051.
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Felon Pleads Guilty in Connection to Distributing Crack Cocaine, the Illegal Possession of Four Firearms, Ammunition, and a Glock SwitchRead the Press Release
CONCORD – A Manchester man pleaded guilty today in federal court in connection to his distribution of crack cocaine and for being a felon in possession of a firearm, ammunition, and a machine gun conversion device (otherwise known as a “Glock Switch”), U.S. Attorney Jane E. Young announces.
Joseph Taylor, 34, pleaded guilty to one count of drug distribution, one count of felon in possession of a firearm, and one count of possession of an unregistered firearm. U.S. District Court Paul J. Barbadoro scheduled sentencing for July 22, 2024.
On three occasions in November 2023 and January 2024, Taylor sold crack cocaine to an individual who was cooperating with the Manchester Police Department. When law enforcement searched Taylor’s residence, they found money that had been used in the controlled buys, four firearms, ammunition, magazines and other firearm accessories, and a 3D-printed Glock Switch. One of the firearms had previously been reported to the Manchester Police Department as stolen. Taylor did not register the machine gun conversion device on the National Firearms Registration and Transfer Record (NFRTR) as required by the National Firearms Act. Taylor had previously been convicted of four felonies and was therefore prohibited from possessing firearms and ammunition.
The charge of drug distribution provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. The charge of felon in possession provides for a sentence of up to 15 years in prison and the charge of unregistered possession of a firearm provides for a sentence of up to 10 years in prison. Each of these charges provide for up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Bureau of Alcohol, Tobacco, Firearms and Explosives led the investigation. Valuable assistance was provided by the Manchester Police Department. Assistant U.S. Attorney Matthew T. Hunter is prosecuting the case.
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Federal jury convicts three members of interstate drug trafficking organizationRead the Press Release
NORFOLK, Va. – A federal jury convicted three Virginia men today for their roles in a drug trafficking conspiracy and an incident that led to the deaths of two victims.
According to court records and evidence presented at trial, Cortney Allen Conley, aka KO and Allen Conley, 35, of Virginia Beach, managed a large-scale, interstate drug trafficking organization principally based in the Hampton Roads area between January 2020 and November 2022. The organization frequently sold drugs at “popup” shops, which regularly popped up in new locations. In addition to other duties, Javaid Akhtar Reed, 27, of Chesapeake, and Kyron Speller, 29, of Norfolk, provided security for the organization’s popup shops.
In 2021, Conley was robbed at gunpoint at a “popup” located on Providence Road in Chesapeake, after which Conley and his co-conspirators were regularly armed.
On May 13, 2022, two armed subjects attempted to rob the organization’s popup shop on Wintercress Way in Chesapeake. Conley and one of his workers discharged firearms during a gun battle resulting in the deaths of the two subjects. During the gun battle, another worker pistol-whipped one of the subjects. Immediately afterward, Conley and the two workers removed controlled substances, drug proceeds, and firearms from the popup shop.
Conley was convicted of conspiracy to distribute and possession with intent to distribute marijuana, psilocybin, and psilocyn; possession with intent to distribute marijuana; possession with intent to distribute psilocybin and psilocyn; possessing, brandishing, and discharging a firearm in furtherance of a drug trafficking crime; and continuing a criminal enterprise. He faces a mandatory minimum of 35 years and a maximum of life in prison when sentenced on Oct. 25.
Reed was convicted of conspiracy to distribute and possession with intent to distribute marijuana, psilocybin, and psilocyn; possession with intent to distribute marijuana; possession with intent to distribute psilocybin and psilocyn; and possessing and brandishing a firearm in furtherance of a drug trafficking crime. He faces a mandatory minimum of seven years and a maximum of life in prison when sentenced on Nov. 15.
Speller was convicted of conspiracy to distribute and possession with intent to distribute marijuana, psilocybin, and psilocyn; possession with intent to distribute marijuana; and possession with intent to distribute psilocybin and psilocyn. He faces a maximum of 20 years in prison when sentenced on Oct. 25.
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.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office; Ajay Lall, Acting Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; Mark G. Solesky, Chief of Chesapeake Police; and Paul Neudigate, Chief of Virginia Beach Police, made the announcement after U.S. District Judge Arenda Wright Allen accepted the verdict.
Assistant U.S. Attorneys Megan M. Montoya, Joe DePadilla, and Luke Bresnahan are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:22-cr-147.
Federal Jury Finds Red Lake Woman Guilty in Child Abuse CaseRead the Press Release
MINNEAPOLIS – A federal jury found a Red Lake woman guilty of child neglect and endangerment on the Red Lake Indian Reservation, announced U.S. Attorney Andrew M. Luger.
Following a five-day trial before Judge Katherine M. Menendez, Bobbi Jo Johnson, aka Bobbi Jo Kingbird, 46, was convicted last week on one count of child neglect—deprivation of food and health care, and one count of child endangerment.
According to evidence presented at trial and court documents, between January 1, 2021, and April 29, 2022, Bobbi Jo Johnson engaged in, aided, and abetted the endangerment, neglect, and abuse of a child who was in the foster care of her sister and co-defendant, Trina Mae Johnson. The abuse included withholding food from the victim to the point of starvation, forcing the victim to stand in uncomfortable positions for long periods of time, and assaulting the victim. As a result of Bobbi Jo Johnson’s and her co-defendants’ abuse, the victim suffered serious and substantial physical, mental, and emotional harm.
Trina Mae Johnson pleaded guilty to one count of child torture, one count of child neglect—deprivation of food and health care, one count of child endangerment, and one count of assault on a minor with a dangerous weapon. Ellie Mae Johnson, Patricia Ann Johnson, and Bertram Calvin Lussier, Jr. each pleaded guilty to one count of child endangerment. All five defendants will be sentenced at a later date.
This case was investigated by the FBI and the Red Lake Tribal Police Department, with support from the Minnesota Bureau of Criminal Apprehension, the Beltrami County Sherriff’s Office, the Bemidji Police Department, and the Blackduck Police Department.
Assistant U.S. Attorneys Ruth S. Shnider and Evan B. Gilead tried the case.
Federal Jury Finds Red Lake Woman Guilty in Child Abuse CaseRead the Press Release
MINNEAPOLIS – A federal jury found a Red Lake woman guilty of child neglect and endangerment on the Red Lake Indian Reservation, announced U.S. Attorney Andrew M. Luger.
Following a five-day trial before Judge Katherine M. Menendez, Bobbi Jo Johnson, aka Bobbi Jo Kingbird, 46, was convicted last week on one count of child neglect—deprivation of food and health care, and one count of child endangerment.
According to evidence presented at trial and court documents, between January 1, 2021, and April 29, 2022, Bobbi Jo Johnson engaged in, aided, and abetted the endangerment, neglect, and abuse of a child who was in the foster care of her sister and co-defendant, Trina Mae Johnson. The abuse included withholding food from the victim to the point of starvation, forcing the victim to stand in uncomfortable positions for long periods of time, and assaulting the victim. As a result of Bobbi Jo Johnson’s and her co-defendants’ abuse, the victim suffered serious and substantial physical, mental, and emotional harm.
Trina Mae Johnson pleaded guilty to one count of child torture, one count of child neglect—deprivation of food and health care, one count of child endangerment, and one count of assault on a minor with a dangerous weapon. Ellie Mae Johnson, Patricia Ann Johnson, and Bertram Calvin Lussier, Jr. each pleaded guilty to one count of child endangerment. All five defendants will be sentenced at a later date.
This case was investigated by the FBI and the Red Lake Tribal Police Department, with support from the Minnesota Bureau of Criminal Apprehension, the Beltrami County Sherriff’s Office, the Bemidji Police Department, and the Blackduck Police Department.
Assistant U.S. Attorneys Ruth S. Shnider and Evan B. Gilead tried the case.
East Pittsburgh Man Sentenced to Prison for Interstate Threats to Injure OthersRead the Press Release
PITTSBURGH, Pa. - A resident of East Pittsburgh, Pennsylvania, has been sentenced in federal court to 16 months of imprisonment on his conviction of interstate communications containing a threat to injure another person, United States Attorney Eric G. Olshan announced today.
United States District Judge J. Nicholas Ranjan imposed the sentence on Robert Notter, 35.
According to information presented to the Court, Notter made threats to numerous individuals, businesses, and organizations located in the Middle District of North Carolina while he was residing in East Pittsburgh. This included Notter sending text messages and leaving voicemails pretending to be another individual and threatening to kill the recipients.
Assistant United States Attorney Jonathan D. Lusty prosecuted this case on behalf of the government.
United States Attorney Olshan commended the U.S. Department of Homeland Security for the investigation leading to the successful prosecution of Notter.
Conspirators Sentenced for Smuggling Narcotics into the Hillsborough County Jail, Resulting in Serious Bodily Injury to an InmateRead the Press Release
Tampa, Florida – U.S. District Judge William F. Jung has sentenced Seneca Dukes (42, Tampa), David Marty (43, Tampa), Emmanuel Gotay Hernandez (34, Tampa), Miriam Marti-Benning (49, Tampa), and Michelle Lipinski (35, Tampa) to federal prison for conspiracy to distribute fentanyl and methamphetamine resulting in serious bodily injury. Dukes and Marty, who were the leaders of the conspiracy, were sentenced to 26 years and 25 years, respectively. Gotay Hernandez was sentenced to 9 years, Marti-Benning to 8 years and 2 months, and Lipinski to 5 years and 3 months in federal prison.
Dukes and Marty pleaded guilty on October 23, 2023, the day their jury trial was to commence. Gotay Hernandez pleaded guilty on October 16, 2023, Marti-Benning pleaded guilty on November 14, 2022, and Lipinski pleaded guilty on August 11, 2022.
According to court proceedings and documents, in March 2021, the group conspired to obtain controlled substances and smuggle them into the Hillsborough County Falkenburg Road Jail. Dukes and Marty were housed in the same pod at the jail, and Lipinski, who worked as a nurse at the jail, routinely visited their pod. Dukes developed a relationship with Lipinski and asked her to meet with Marti-Benning to get packages from her and bring them to him during her rounds. Marty had his sister, Marti-Benning, obtain controlled substances, package them, and give them to Lipinski. Marty also enlisted the help of Gotay Hernandez, who previously was an inmate in the same pod of the jail as Dukes and Marty. Gotay Hernandez obtained fentanyl, and, at Marty’s direction, provided it to Marti-Benning, who in turn provided it to Lipinski.
On March 29, 2021, Lipinski smuggled packages containing fentanyl and methamphetamine into the jail during her rounds and delivered them to Dukes. The next morning, an inmate in the pod overdosed on the fentanyl, but jail medical personnel saved his life by administering Narcan.
This case was investigated by the Hillsborough County Sheriff’s Office, the Florida Department of Law Enforcement, and Homeland Security Investigations. It was prosecuted by Assistant United States Attorneys Michael Sinacore and Samantha Newman.
Competition builds rapport between police officers and local teensRead the Press Release
MIAMI – Rim rattling dunks and long-range scoring from beyond the three-point line provided the action at the recent Fourth Spring Classic Youth & Cops Basketball Tournament at the Betty T. Ferguson Recreational Complex in Miami Gardens.
Organized by the Law Enforcement Coordination and Community Outreach Section (LEC/COS) of the U.S. Attorney’s Office, the tournament consisted of 12 teams, each one with six adults from local law enforcement agencies and six teens chosen by said agencies. Many of the teens were standout high school players with energy to burn. The large crowd oohed and aahed whenever they attacked the basket.
“There were plenty of fireworks for sure,” said LEC/COS Community Outreach Specialist Corey Mackay. “We had some very talented players—cops and teens—which made it really fun to watch.”
Participating agencies included members of the U.S. Attorney’s Office for the Southern District of Florida; Hialeah Police Department; Davie Police Department; Fort Lauderdale Police Department; North Miami Police Department; Miami-Dade Police Department; Miami Gardens Police Department; Miami-Dade Police Department—Intracoastal; Miami Beach Police Department; Florida Highway Patrol (FHP); Opa-Locka Police Department; and Hollywood Police Department.
The championship game was a showdown between FHP and North Miami Police Department. The fastbreak-style matchup was closely contested but FHP prevailed in the end.
“We had some great teams this time around,” said Tournament Director and LEC/COS Chief J.D. Smith. “The games were exciting to watch, and we had a nice crowd showing support. Basketball is one thing, but we began this event to help establish a rapport between our youth and our law enforcement officers. That’s what I really enjoy watching … the interaction between them.”
Smith, a retired supervisor with the Detroit Police Department, knows full well the importance of changing a culture that, too often, amplifies the misconceptions between teens and the police.
“You must show teens the human side of police officers, and vice-versa” said Smith. “They are no different from anyone else. But too often all our youth see are authority figures. It’s crucial for them to interact in social settings where they can find commonalities. That’s what we want teens and cops to discover, that if they take time to see past their differences, they’ll see that we’re all human beings. If we can help do that, then it’s worth it.”
Multiple agencies participating in the tournament provided refreshments. Miami Gardens Parks & Recreation Department provided the venue.
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Colombian National Extradited to Face International Narcotics-Trafficking Conspiracy ChargeRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced the extradition of Gabriel Zuñiga (a/k/a “Ito,” a/k/a “Hito,” “Captain Ito,” a/k/a “Capi”) from Colombia based on a superseding indictment returned in the Eastern District of Wisconsin. On April 11, 2024, Zuñiga had his initial appearance and arraignment before U.S. Magistrate Judge William E. Duffin in Milwaukee, Wisconsin. On April 15, 2024, Judge Duffin ordered that Zuñiga be detained pending trial.
On November 8, 2022, a grand jury in the Eastern District of Wisconsin returned a superseding indictment against Zuñiga, alleging one count of international drug trafficking. According to the superseding indictment, from approximately February 2019 through March 22, 2022, Zuñiga conspired with Jean Eliobert Jasme (a/k/a “ED1,” “Eddy One,” and “Tio Loco”), Rafael Dario Gonzalez-Amparo (a/k/a “Rafa,” a/k/a “Sisi”), and others to distribute five kilograms or more of cocaine intending, knowing, or having reasonable cause to believe the cocaine would be unlawfully imported into the United States.
The DEA Port-au-Prince Country Office and the DEA Milwaukee Field Office investigated this case. The Justice Department’s Office of International Affairs and the Colombian government, including the Colombian National Police (CNP), and the U.S. Marshals Service, provided substantial assistance in this matter.
Assistant U.S. Attorneys Robert J. Brady, Jr. and Gail J. Hoffman of the Eastern District of Wisconsin are prosecuting the case.
An indictment is merely an allegation, and a defendant is presumed innocent until proved guilty beyond a reasonable doubt in a court of law.
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Clay County Man with History of Domestic Violence Sentenced on Firearm ChargeRead the Press Release
Jacksonville, Florida – Chief U.S. District Judge Timothy J. Corrigan has sentenced Paul Steven Hulbert (28, Middleburg) to three years in federal prison for the unlawful possession of an unregistered National Firearms Act firearm (sawed-off shotgun). Hulbert made his initial appearance in federal court on November 18, 2022, and was ordered detained. He entered a guilty plea on June 20, 2023.
According to court documents and public records, in May 2021, a court in Clay County issued a “Temporary Injunction for Protection Against Domestic Violence with Minor Children” against Hulbert. The court extended the injunction until September 2022. The injunction specifically prohibited Hulbert from possessing firearms and directed him to surrender any firearms in his possession to the Clay County Sheriff’s Office (CCSO). In October 2021, Hulbert was convicted in Clay County of the misdemeanor crime of domestic battery. After the domestic battery conviction and issuance of the domestic violence injunction, both of which prohibited him from possessing firearms, Hulbert obtained seven firearms, including rifles, pistols and a shotgun.
On May 16, 2022, members of the CCSO went to Hulbert’s home to serve an arrest warrant for violating the terms of the injunction. Upon arriving at the home, the CCSO arrested him and searched the house. They located four rifles, a revolver, a pistol and a 12-guage shotgun. Follow up investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) determined that the 12-gauge shotgun was illegally modified, as both barrels had been sawed off. ATF determined that the 12-gauge shotgun was not registered to Hulbert in the National Firearms Registration and Transfer Record.
This case was investigated by the Clay County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives - Jacksonville Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
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.
Chambersburg Man Sentenced to 27 Months in Prison for Preparing False Tax ReturnsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Guibbonz Marcellus, age 43, of Chambersburg, Pennsylvania, was sentenced on April 12, 2024, by U.S. District Court Judge Jennifer P. Wilson to 27 months’ imprisonment on 23 counts of aiding and assisting the preparation of false and fraudulent tax returns. Marcellus was convicted following a jury trial in July 2023.
According to United States Attorney Gerard M. Karam, Marcellus operated a tax-preparation business in Chambersburg called M&M Confident Multi Services from 2013 to 2016. In an effort to increase refund amounts and generate business, Marcellus regularly included false numbers on the returns he prepared and filed. The returns falsely claimed, among other things, the federal fuel-tax credit, business losses, and deductions for charitable gifts and unreimbursed employee expenses. The Court found that the total loss to the government due to Marcellus’s conduct was over $208,000.
The case was investigated by the Internal Revenue Service, Criminal Investigation. Assistant U.S. Attorney Carlo D. Marchioli and former Assistant U.S. Attorney Paul J. Miovas prosecuted the case.
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Canadian Man Sentenced for Operating $175M Psychic Mass-Mailing Fraud SchemeRead the Press Release
A Canadian man was sentenced to 10 years in prison today in the Eastern District of New York for perpetrating a massive psychic mass-mailing fraud scheme that stole more than $175 million from more than 1.3 million victims in the United States.
Following a two-week trial, a federal jury convicted Patrice Runner, 57, a Canadian and French citizen, in June 2023 of conspiracy to commit mail and wire fraud, conspiracy to commit money laundering and multiple counts of mail fraud and wire fraud.
Runner operated a mass-mailing fraud scheme from 1994 through November 2014. As part of the scheme, Runner sent letters to millions of U.S. consumers, many of whom were elderly and vulnerable. The letters falsely purported to be individualized, personal communications from well-known so-called “psychics” Maria Duval and Patrick Guerin and promised that the recipient had the opportunity to achieve great wealth and happiness with the assistance of the “psychics” in exchange for payment of a fee. Once a victim made a single payment in response to one of the letters, the victim was bombarded with dozens of additional letters, all purporting to be personalized communications from the “psychics” and offering additional services and items for a fee.
Although the scheme’s letters frequently stated that a “psychic” had seen a personalized vision regarding the recipient of the letter, in fact, the scheme sent nearly identical form letters to tens of thousands of victims each week. Runner and his co-conspirators obtained the names of elderly and vulnerable victims by renting and trading mailing lists with other mail fraud schemes. In reality, Duval and Guerin had no role in sending the letters, did not receive responses from the victims, and did not send the additional letters after victims paid money. In fact, no “psychics” played any role in Runner’s operation. Some victims made dozens of payments in response to the fraudulent letters, losing thousands of dollars.
Runner directed the scheme for the entirety of its twenty-year operation, directing co-conspirators, who ran the day-to-day operations of the scheme through a Canadian company. Runner used a series of shell companies registered in Canada and Hong Kong to hide his involvement in the scheme while living in multiple foreign countries, including Switzerland, France, the Netherlands, Costa Rica and Spain.
Spanish authorities extradited Runner to the United States to face federal charges in December 2020.
“This case demonstrates that the Justice Department’s Consumer Protection Branch and its partners in the U.S. Postal Inspection Service (USPIS) are committed to investigating and prosecuting transnational fraud schemes targeting Americans consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The global nature of this scheme meant that we had to rely on law enforcement from around the globe to provide evidence of criminality. We want to thank officials from France, Liechtenstein, Switzerland and Canada, and in particular the Canadian Competition Bureau, for providing assistance in securing evidence in this matter, as well as Spain for arresting and extraditing Runner, ensuring that justice could be done.”
“Patrice Runner’s extravagant lifestyle, born on the backs of millions of older and vulnerable Americans, has come to an end,” said Inspector in Charge Chris Nielsen of the USPIS Philadelphia Division. “The conviction and federal sentencing of Patrice Runner is the appropriate punishment for someone who routinely preyed on vulnerable and elderly Americans. Postal Inspectors will continue to work tirelessly to ensure you can trust that the US Mail is free of these types of predatory schemes.”
Four other co-conspirators previously pleaded guilty to conspiracy to commit mail fraud in connection with this mass-mailing fraud scheme: Maria Thanos, 60, of Montreal, Canada; Philip Lett, 53, of Montreal; Sherry Gore, 73, of Indiana, and Daniel Arnold, 62, of Connecticut.
USPIS investigated the case.
Assistant Director John W. Burke and Trial Attorneys Charles B. Dunn, Rachel Baron and Ann Entwistle of the Civil Division’s Consumer Protection Branch prosecuted the case. The Justice Department’s Office of International Affairs provided critical assistance in securing Runner’s extradition.
The department urges individuals to be on the lookout for fraudulent “psychic,” lottery, prize notification and sweepstakes scams. If you receive a phone call, letter or email promising a large prize in exchange for a fee, do not respond. Fraudsters often will use official-sounding names or the names of real lotteries or sweepstakes, or pretend to be a government agent purportedly helping to secure a prize.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with inappropriate agencies and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage at www.justice.gov/elderjustice. For more information about the Consumer Protection Branch and its enforcement efforts visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.reportfraud.ftc.gov or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.
Bronx Tax Preparer Charged with Filing Tens of Thousands of False Tax Returns Causing over $100 Million in Fraudulent Tax LossRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Thomas Fattorusso, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”); James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”); and Trevor R. Nelson, the Deputy Inspector General for Investigations for the Treasury Inspector General for Tax Administration (“TIGTA”), announced today the unsealing of an Indictment charging RAFAEL ALVAREZ, a/k/a “the Magician,” with conspiracy to defraud the United States, aiding and abetting the filing of false federal tax returns, attempting to interfere with the administration of the internal revenue laws, making false statements, and aggravated identity theft. These charges arise from ALVAREZ’s alleged orchestration of a wide-ranging scheme to file tens of thousands of federal individual income tax returns that included false information designed to fraudulently reduce the individuals’ tax burden and to make false statements to the IRS. ALVAREZ was arrested today and will be presented in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.
U.S. Attorney Damian Williams said: “Rafael Alvarez was allegedly so prolific in falsifying his customers’ tax returns that he came to be known as ‘the Magician’ for his ability to make customers’ tax burden disappear. But, Alvarez’s sleight of hand was criminal tax fraud, a serious federal tax crime he was allegedly committing for over a decade, depriving the IRS of more than $100 million in tax revenue. Today’s charges, on Tax Day, should serve as an important reminder to tax professionals that when they try to cheat the public fisc they will face grave consequences.”
IRS-CI Special Agent in Charge Thomas Fattorusso said: “While Alvarez may have been known as the ‘magician,’ he can’t say abracadabra and make these charges disappear. This one person is charged with creating a criminal enterprise that defrauded the government of more than $100 million. The evidence points to Alvarez’s alleged scheme to file tens of thousands of fraudulent tax returns, while his company, ATAX, grossed over $15 million in revenue in just three years. Today’s arrest was no magical illusion, and Alvarez now faces the reality of his actions.”
FBI Assistant Director in Charge James Smith said: “Rafael Alvarez, the CEO, owner, and manager of ATAX New York, allegedly orchestrated one of the largest ever tax fraud schemes by submitting false federal tax returns that ultimately cost the IRS over $100 million in revenue while simultaneously generating $15 million for his own company. Alvarez’s alleged 10-year fraudulent operation is not a magic act, but rather a deliberate slight against the integrity of our country’s tax system. Today, Alvarez must pay the price for his actions – the FBI does not tolerate those who steal from the government for personal economic fortune.”
TIGTA Deputy Inspector General Trevor R. Nelson said: “The Treasury Inspector General for Tax Administration aggressively investigates tax preparers who attempt to corrupt our Nation’s tax system. Our mission at TIGTA is to protect the integrity of our Nation’s system of tax administration. We are committed to working with our law enforcement partners to ensure those who endeavor to corrupt Federal tax administration are prosecuted to the fullest extent of the law.”
As alleged in the Indictment unsealed in Manhattan federal court and court filings:[1]
From at least in or about 2010, up to and including in or about 2020, RAFAEL ALVAREZ was the CEO, owner, and manager of ATAX New York, LLC, also doing business as ATAX New York-Marble Hill, ATAX Marble Hill, ATAX Marble Hill NY, and ATAX Corporation (together, “ATAX”). ATAX was a high-volume tax preparation company located in the Bronx, which prepared approximately 90,000 federal income tax returns for its customers during this period. ALVAREZ both prepared tax returns for ATAX customers and recruited, supervised, and directed other ATAX personnel who in turn prepared tax returns for customers. During this period, ALVAREZ oversaw a sweeping fraudulent scheme, whereby he and his employees submitted false information to the IRS in ATAX customers’ tax returns. This false information, which included, among other things, bogus itemized tax deductions, made-up capital losses, phony business expenses, and fraudulent tax credits, served to fraudulently reduce the customers’ tax liability and increase the customers’ tax refunds from the IRS. In total, ALVAREZ oversaw ATAX’s fraudulent submission of tax returns on behalf of customers that deprived the IRS of substantially more than $100 million in tax revenue. ALVAREZ was so consistent at falsifying ATAX customer tax returns that he became known to ATAX’s customers as “the Magician.” Additionally, as part of ALVAREZ’s unlawful operation of ATAX, he and an ATAX employee made false statements to an IRS Revenue Agent. ALVAREZ’s operation of ATAX helped the company generate at least approximately $15 million in gross revenues over the period of in or about 2016 to in or about 2019.
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RAFAEL ALVAREZ, 60, of Cortlandt Manor, New York, is charged with one count of conspiracy to defraud the United States and making false statements, each of which carries a maximum sentence of five years in prison. He is also charged with four counts of aiding and assisting preparation of false and fraudulent U.S. individual income tax returns and attempting to interfere with the administration of the internal revenue laws, each of which carries a maximum sentence of three years in prison. He is further charged with aggravated identity theft, which carries a mandatory minimum sentence of two years in prison.
The statutory minimum and maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the investigative work of the IRS-CI, FBI, and TIGTA.
This case is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant U.S. Attorneys David R. Felton and Samuel Raymond are in charge of the prosecution.
The allegations in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Albany Man Indicted for Distribution, Receipt and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Taykwun Smoaks, age 32, of Albany, was arraigned on Friday, April 12, on charges that he distributed, received, and possessed child pornography. United States Attorney Carla B. Freedman, Matthew Scarpino, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office, and New York State Police (NYSP) Superintendent Steven G. James made the announcement.
The indictment filed against Smoaks alleges that, from February to March 2023, he distributed and received images and videos of child pornography over the internet, and that he possessed images of child pornography on his computer and external hard drive on April 5, 2023. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of the charges, Smaoks faces at least 5 years and up to 20 years in prison, a maximum fine of $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to 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. Smoaks may also be ordered to pay restitution to the victims of his offenses and forfeit the devices used in the offenses. Smoaks would also have to register as a sex offender upon his release from prison.
Smoaks was arraigned on Friday in Albany, before United States Magistrate Judge Christian F. Hummel, and detained pending a detention hearing scheduled for tomorrow, April 16. A trial will be scheduled before United States District Judge Anne M. Nardacci.
HSI and NYSP are investigating the case. Assistant U.S. Attorney Alexander P. Wentworth-Ping is prosecuting the case.
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), and is designed to marshal 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.
- Aiken County Man Pleads Guilty to Tax Evasion
Sunday 14 April 2024
Thornton Man Indicted for Falsely Filing Client Tax ReturnsRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Lance McCuistion, 56, of Thornton, Colorado, was indicted by a federal grand jury for preparing false tax returns on behalf of clients.
In July 2014, McCuistion plead guilty to preparing false tax returns in a prior investigation and was sentenced to probation. As a result of that offense, McCuistion was unable to obtain a Preparer Tax Identification Number (PTIN). However, according to the indictment, from approximately April 2018 through April 2022, McCuistion used PTINs in the names of three individuals associated with McCuistion to prepare tax returns on behalf of clients. These tax returns claimed items for which McCuistion knew the taxpayers were not eligible in order to increase refunds or reduce taxes due.
The defendant made his initial appearance on April 12, 2024, before Magistrate Judge Scott T. Varholak.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant United States Attorney Sarah Weiss.
Case Number: 24-cr-00116-CNS
Four Guatemalan Nationals Charged in Large-Scale Retail Theft Schemes in Multiple StatesRead the Press Release
PROVIDENCE, RI – Four Guatemalan nationals have been charged in federal court in Providence, RI, with conspiracy to commit interstate transportation of stolen property and interstate transportation of stolen goods, having allegedly participated, with others, in a large-scale scheme to steal and re-sell high-value products from home improvement stores and other retailers in multiple states, announced United States Attorney Zachary A. Cunha.
Court documents allege that Marvin Estuardo Morales De Paz, 33, Abraham Dayger-Enrique, 24, Sebastian Lajuj-Soloman, 30, and Jonathan Josue Amperez-Perez, 31, worked together and with others to defraud Home Depot stores mainly in Rhode Island, Massachusetts, Connecticut, and Pennsylvania by stealing and, at times, re-selling stolen goods such as electrical wire, flooring, power tools, and other items of high value.
Based on information from multiple police departments, a review of security camera footage from numerous retailers, and as well as the court-authorized seizure and review of cellphones seized from Morales DePaz, Dayger-Enrique, and Amperez-Perez, it is alleged that the four men and other co-conspirators have participated in more than 30 documented thefts. To date, based on arrests and law enforcement encounters during retail theft incidents, fifteen Guatemalan nationals have been identified as allegedly being associated with this retail theft organization. However, it is believed that not all members of the group regularly participate in these theft operations.
Court-authorized search warrants were executed on April 12, 2024, at residences in Cranston and Providence, resulting in the seizure of $11,000 worth of stolen goods from Home Depot and Khols; $83,000 in cash; and a Ford 2019 F150 vehicle.
Morales De Paz, Dayger-Enrique, and Lajuj-Soloman were arrested in Rhode Island on Friday and were ordered detained in federal custody at their initial appearances before a District Court Magistrate Judge; Amperez-Perez was apprehended in Pennsylvania and remains in federal custody awaiting a return to Rhode Island.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorney John P. McAdams.
The matter is being investigated by Homeland Security Investigations agents in Providence, with the assistance of HSI agents in Boston, and Allentown, Pennsylvania, and the Providence, Coventry, Warwick, Smithfield, and Johnston, RI Police Departments; Boston, Norwood, Bellingham, Marlboro, Seekonk, Avon, Auburn, MA Police Departments; Montville and Fairfield, CT Police Departments; and the Parkesburg, Downingtown, Lebanon, Wyomissing, and Reading, PA, Police Departments; Nashua, NH Police Department; and Marlboro, NJ Police Department.
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interstate_stolen_goods_criminal_complaint_search_warrant_and_arrest_affidavit.pdf
Friday 12 April 2024
Wimauma Man on Federal Supervised Release Indicted for Possession of Ammunition by A Convicted FelonRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Alfredo Davila, Jr. (30, Wimauma) with possession of ammunition by a convicted felon. If convicted, Davila faces a maximum penalty of 15 years in federal prison.
According to the indictment, on February 18, 2024, Davila, knowing that he had previously been convicted of a felony, was in possession of ammunition. At the time of the offense, Davila was serving a term of supervised release for his previous convictions. As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hillsborough County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Jeff Chang.
This case is part of the 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 for occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Wilkes-Barre Man Charged with Drug Trafficking and Firearms ViolationsRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ras Dalmar Johnson, age 27, of Wilkes-Barre, Pennsylvania, was indicted on April 9, 2024, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney Gerard M. Karam, the indictment alleges that on February 1, 2024, Johnson possessed with intent to distribute over 400 grams of fentanyl, over 50 grams of methamphetamine, and amounts of cocaine and marijuana. The indictment also alleges that on the same date, Johnson, who is a person prohibited from possessing a firearm, possessed a Glock 26 handgun in furtherance of drug trafficking.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, The Pennsylvania Office of Attorney General, Bureau of Narcotics and the Wilkes-Barre Police Department. Assistant U.S. Attorney Jenny P. Roberts is prosecuting 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.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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U.S. Attorney’s Office Collects over $1.9 Million in Civil and Criminal Actions in Fiscal Year 2023Read the Press Release
SIOUX FALLS - The United States Attorney’s Office for the District of South Dakota, under the leadership of U.S. Attorney Alison J. Ramsdell, has reported the collection of $1,937,264.31 in criminal fines, restitution, loan defaults, bankruptcy, forfeiture, and affirmative civil enforcement efforts in FY 2023. Of the total collections, $1.5 million was derived from criminal cases. A significant portion of this, precisely $1,100,870.12, was returned to victims of crime, underscoring the Office’s commitment to ensuring justice and support for those victimized by crime. The remainder has been deposited into the Crime Victims Fund, a crucial federal resource that provides financial assistance to crime victims across the United States. This fund aids victims in covering various costs such as medical expenses, lost wages, mental health counseling, and funeral expenses.
“Our mission extends beyond the mere prosecution of criminal offenders,” said U.S. Attorney Ramsdell. “It’s about healing wounds and restoring dignity to those wronged through our dedication to facilitating the financial recovery for victims to the fullest extent possible. Seeing the tangible benefits of these collections for the victims is not just satisfying—it’s a profound reminder of the impact our office can have on the lives of victims seeking justice.”
Additionally, the fiscal year saw substantial collections from civil actions related to delinquent government loans, including those related to education, small businesses, agricultural services, and housing. The enforcement of healthcare fraud and False Claims Act litigation also contributed to these achievements. Notably, in a case of wool subsidy fraud, defendant Howard Aleff was mandated to sell Iowa farmland to satisfy a $1.3 million debt. Meanwhile, the discovery of valuable religious artifacts in a storage unit belonging to former priest Marcin Garbacz led to a unique online auction, recovering over $18,000 for the church he victimized.
These results were achieved through the concerted efforts of the entire team at the U.S. Attorney’s Office, from attorneys who secure criminal restitution and civil judgments to the financial litigation unit responsible for enforcing payment. The use of various enforcement mechanisms, including voluntary payment plans, garnishments, and the sale of seized assets, has been instrumental in these achievements.
The U.S. Attorney’s Office for the District of South Dakota remains committed to upholding the principles of justice and integrity, as demonstrated by the FY 2023 collections. These efforts not only highlight the dedication of the office to its prosecutorial and enforcement responsibilities, but also its unwavering support for the victims whose lives are impacted by violent and financial crimes.
Two Doctors Sentenced for $4M Fraudulent Urine Drug Testing SchemeRead the Press Release
The owner and the medical director of a Kentucky pain clinic were sentenced yesterday for their respective roles in a scheme that defrauded Medicare, Medicaid, and commercial insurance companies of over $4 million for medically unnecessary urine drug testing.
Dr. William Lawrence Siefert, 70, of Dayton, Ohio, the clinic’s medical director, was sentenced to one year and six months in prison and ordered to pay $1,968,763.10 in restitution. Dr. Timothy Ehn, 51, of Union, Kentucky, the clinic owner and a licensed chiropractor, was sentenced to two years and six months in prison and ordered to pay $3,773,569.30 in restitution.
“The defendants enriched themselves through a fraudulent urine drug testing scheme that cost Medicare, Medicaid, and commercial insurance companies over $4 million,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The Criminal Division is committed to protecting American taxpayers from doctors who abuse their positions to steal public money by billing for unnecessary medical procedures.”
According to court documents and evidence presented at trial, Ehn and Siefert orchestrated a scheme in which clinic staff billed for urine drug tests that were not medically necessary but were lucratively reimbursed by taxpayer-funded insurance providers like Medicare and Medicaid. Ehn and Siefert continued in their scheme even as their expensive drug testing machine malfunctioned because it was not properly maintained, which caused the machine to produce results that falsely suggested patients were testing positive for street drugs like ecstasy or heroin. Insurance proceeds from urine drug testing ended up comprising three-quarters of the clinic’s revenue.
“These sentences are a testament to the fact that the FBI and our law enforcement partners will not stand by while licensed physicians choose to defraud federally-funded health insurance programs in order to line their own pockets,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “As a result of a collaborative effort across all levels of government, patients will no longer have to endure unnecessary medical tests and the taxpayer’s money will not be wasted.”
“Together with our federal, state, and local partners, DEA remains steadfast in our commitment to identify and root out health care professionals who fail to live up to their responsibilities and commitments,” said Special Agent in Charge Orville O. Greene of the Drug Enforcement Adminisration (DEA) Detroit Field Division. “These sentences should serve as a warning there is zero tolerance for fraud, no matter what form it takes.”
“Health care providers who cause the submission of Medicare and Medicaid claims for medically unnecessary services pose a significant risk to these programs and the patients who rely on them,” said Special Agent in Charge Tamala E. Miles of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “These sentences exemplify how HHS-OIG works diligently with our law enforcement partners to hold accountable individuals who, to satisfy their own greed, exploit federal health care programs.”
“Through zealous collaboration with our law enforcement partners, we’re holding these defendants accountable,” said Kentucky Attorney General Russell Coleman. “I’m especially proud of Detective Supervisor Mike McGuffey and the entire Attorney General’s Medicaid Fraud and Abuse team for investigating these crimes and delivering justice.”
On March 23, 2023, a federal jury convicted Siefert of health care fraud, and Ehn of health care fraud and conspiracy to commit health care fraud.
The FBI, DEA, HHS-OIG, and Kentucky Medicaid and Abuse Control Unit investigated the case.
Trial Attorneys Dermot Lynch and Lindsey Carson and Assistant Chief Lauren Kootman of the Criminal Division’s Fraud Section prosecuted the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Tucson Man Pleads Guilty to Mass Shooting Threat at University of ArizonaRead the Press Release
TUCSON, Ariz. – Michael Pengchung Lee, 27, of Tucson, pleaded guilty on Wednesday to Interstate Threats for transmitting threats through interstate communications to commit a mass shooting at the University of Arizona. Sentencing is scheduled for July 3, 2024, before United States District Judge Rosemary Márquez.
The complaint alleged that on October 23, 2023, Lee made threats to commit a mass shooting at the University of Arizona in a group chat on Snapchat. Lee is not a student at the university, but expressed a desire to get revenge on “all the chads and stacies!!” “Chads” and “stacies” are commonly used terms by self-described involuntary celibates (incels). Lee made further reference to incel ideology and finished the conversation by stating “im gonna do it guys, my mind is made up and there’s nothing u can do or say to stop me.”
On Wednesday, Lee admitted that on October 22, 2023, he sent multiple Snapchat messages to a group chat threatening to commit a mass shooting at the University of Arizona. Lee further admitted that in those messages he referenced incel ideology, language, and motivations, including referring to a well-known, self-identified incel and mass shooter, amongst other incel references. Lee also admitted that in at least two other Snapchat conversations, he threatened to commit a mass shooting at the university, citing the same incel ideology and motivations.
A conviction for Interstate Threats carries a maximum penalty of five years in prison, a fine of $250,000, or both, and a maximum term of three years of supervised release.
“We must protect the intellectual rigor, diversity and safety of our universities,” said United States Attorney Gary Restaino. “Robust intervention and prosecution of misogynists who threaten young students is critical to public safety. Our thanks to the community members who reported the threats and to our law enforcement partners at the University of Arizona Police Department and the Federal Bureau of Investigation for their quick and decisive response to social media intimidation.”
“All students deserve to feel safe at their schools, and threats like these deprive students of that right. We are extremely grateful for the brave members of the community who spoke up with their concerns and reported this to law enforcement,” said FBI Phoenix Special Agent in Charge Akil Davis. “We would like to thank our partners at the University of Arizona and the FBI’s Southern Arizona Violent Crime and Gang Task Force (SAVCGTF) for their collective efforts to ensure our college campuses remain a safe space for students to continue their education free of fear and hate.”
“This case is a wonderful example of our strong partnership with the Federal Bureau of Investigation and the U.S. Attorney’s Office,” said University of Arizona Police Chief Chris Olson. “It also illustrates the sense of urgency in which the University of Arizona Police Department, the UA Office of Public Safety, and our federal partners will act when our community is threatened.”
The Federal Bureau of Investigation and the University of Arizona Police Department, as part of the FBI’s Southern Arizona Violent Crime and Gang Task Force, conducted the investigation in this case. Assistant U.S. Attorney Adam Rossi, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-23-01694-TUC-RM
RELEASE NUMBER: 2024-049_Lee# # #
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.Texas Resident Sentenced to Five Years for Arson, Assaults, and Animal CrueltyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Raymond David Phillips, age 32, of Lindale, Texas, was sentenced to 70 months in prison for one count of Arson, 41 months for one count of Animal Crushing in Indian Country, and 6 months on two misdemeanor counts of Assault in Indian Country. The sentences will run concurrently.
The charges arose from an investigation by the Federal Bureau of Investigation and the Grand River Dam Authority.
On May 22, 2023, Phillips pleaded guilty to the charges. On September 3, 2022, Phillips and his girlfriend were vacationing at a resort area along the Illinois River when his girlfriend was arrested. Angered by the arrest, Phillips decapitated the resort owner’s cat, then began burning other guests’ camping equipment. Law enforcement arrested Phillips at the Cherokee County Detention Center, where he had arrived to bail out his girlfriend. After being taken into custody, Phillips threatened and assaulted jail and law enforcement officers.
The crimes occurred in Cherokee County, within the boundaries of the Cherokee Nation Reservation, in the Eastern District of Oklahoma.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing. Phillips will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Kevin Gross represented the United States.
Ten-Time Robber Sentenced to Eleven Years in Federal Prison for $20,000 Robbery of Carmel Credit UnionRead the Press Release
INDIANAPOLIS- Marty McConnell, 64, of Indianapolis, has been sentenced to eleven years in federal prison after pleading guilty to bank robbery.
According to court documents, on May 8, 2023, the defendant entered a Teachers Credit Union in Carmel, Indiana, approached the bank teller and gave him a note threatening to “blow [the teller’s] f*****g head off” unless he handed over all the money at his station. The teller gave the defendant $20,000 and he subsequently left the credit union.
Carmel Police Department Officers immediately arrived on the scene and quickly located Mr. McConnell. During a recorded interview with officers, McConnell admitted to committing the robbery and keeping the majority of money in his car. He also stated that he used a portion of money from the robbery to get his car out of pawn, buy new shoes, and buy drugs. Officers searched McConnell’s vehicle and located $12,600 in cash and the clothing worn during the robbery.
Before robbing the Carmel Teachers Credit Union, McConnell was convicted of three armed robberies, six other robberies, and three batteries over a thirty-year span. He was most recently discharged from parole in November 2020, after his release from prison for a prior robbery spree.
“For three decades this violent criminal has terrorized innocent people, seeking quick money through force, violence, and intimidation. His crime spree stops here,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. “Violent crimes rob entire communities of their safety and peace of mind. Working closely with our partners at the Carmel Police Department and FBI, our federal prosecutors will continue our work to make our communities safer and hold violent, repeat criminals accountable.”
“This sentence sends a clear message that robbing a bank in Indiana will result in significant time in federal prison,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “Our law enforcement partnerships ensure that those engaging in violent behavior will be caught and held accountable.”
The FBI investigated this case. The sentence was imposed by U.S. District Court Judge James P. Hanlon. Judge Hanlon also ordered that McConnell be supervised by the U.S. Probation Office for three years following his release from federal prison and pay $20,000 in restitution.
U.S. Attorney Myers thanked Assistant U.S. Attorney Jeremy C. Fugate, who prosecuted this 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.
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Stilwell Resident Pleads Guilty to Aggravated Sexual Abuse of A ChildRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Lawrence Fourkiller, age 47, of Stilwell, Oklahoma, entered a plea of guilty to one-count of Aggravated Sexual Abuse of a Child in Indian Country as a part of a negotiated plea agreement.
During the plea hearing, Fourkiller admitted that between August of 2020 and May of 2021, while employed at Stilwell Elementary School, he knowingly caused a seven-year-old child to engage in a sexual act. The crimes occurred in Adair County, within the boundaries of the Cherokee Nation Reservation, in the Eastern District of Oklahoma.
The charges arose from an investigation by the Stilwell Police Department and the Federal Bureau of Investigation.
The Honorable Jason A. Robertson, 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. Fourkiller will remain in the custody of the U.S. Marshals Service pending sentencing.
Assistant United States Attorneys Caila M. Cleary and Morgan Muzljakovich represented the United States.
Stanwood, Washington repeat offender sentenced to 10+ years in prison for selling heroin and fentanyl over the dark webRead the Press Release
Seattle – A 49-year-old Stanwood, Washington, man was sentenced today in U.S. District Court in Seattle to 121 months in prison for possession of heroin and fentanyl with intent to distribute, announced U.S. Attorney Tessa M. Gorman. Christerfer Frick was arrested in May 2021 following an investigation into drug dealing on the dark web. At the time of his arrest, Frick was on supervised release for a nine-year prison sentence for drug dealing. At the sentencing hearing, U.S. District Judge Richard Jones said, “The fact that you immediately turned to drug dealing shortly after release from prison indicates the court needs to protect the community.”
“Mr. Frick delivered potentially deadly drugs to customers across the country, with little concern for the lives he damaged or destroyed,” said U.S. Attorney Gorman. “Indeed, he stored large amounts of deadly drugs in a home he shared with two small children, leaving them accessible to these children or their friends with potentially tragic consequences.”
According to records filed in the case, Frick spent 2020 and early 2021, storing and mailing drugs to customers who ordered via the dark web. Frick sought out a drug supplier and stored as much as 50 pounds of controlled substances at a time. While he placed the drugs in a safe in the garage, he did not lock the safe, leaving it open for anyone – including his wife’s two young children – to access. At the time law enforcement searched the residence there was 2.7 kilos of heroin and fentanyl in the safe.
Frick conspired with another defendant who ran the dark web sales site. Frick stored and delivered the drugs to customers, either in person or through the mail.
This is Frick’s third federal felony conviction. As prosecutors wrote in their sentencing memo, “Christerfer Frick has been on a crime spree that has lasted for over thirty years. He has dozens of convictions, including brandishing a firearm, eluding, escape, theft, harassment, forgery, counterfeiting, and drug trafficking. The only thing that has stopped Frick from committing crimes is custody…. After serving that nine-year sentence, Frick promptly sought out the dark web fentanyl and heroin network that led to the charges in this case.”
Due to the amount of drugs involved in this case, Frick faced a mandatory minimum ten years in prison, with additional time for violating his supervised release for the last prison sentence.
Following prison, Frick will be on five years of supervised release.
The case was investigated by the U.S. Postal Investigation Service (USPIS), the Federal Bureau of Investigation, and Homeland Security Investigations (HSI).
The case was prosecuted by Assistant United States Attorneys David Martin and Mike Dion.
St. Charles County Man Admits Child Pornography, Enticement ChargesRead the Press Release
ST. LOUIS – A man from St. Charles County, Missouri faces at least 15 years in prison after admitting that he engaged in online sexual activity with three teens across the country.
Tristin M. Davis, 27, pleaded guilty to all six counts that he faced: three counts of coercion and enticement of a minor and three counts of receipt of child pornography.
The investigation began with multiple reports to authorities about Davis. It revealed that Davis had been communicating online with multiple minors in a sexual manner and exchanged pornographic images with them. Three juvenile victims have been identified fully by law enforcement.
Davis initially lied about his age when communicating with a 14-year-old girl in New York state, a 16-year-old Connecticut girl and a 15-year-old Tennessee girl. Davis received child pornography from all three victims and induced or persuaded them into engaging in sexually explicit conduct with him via social media. Davis used the screen name “muffinman130020” with the first two victims and “bacontaxi” with the third.
Davis is scheduled to be sentenced July 19. The coercion and enticement of a minor charge carries a mandatory minimum prison sentence of 10 years, and a maximum of life. The receipt of child pornography charges carries a term of five to 20 years in prison.
The St. Charles County Police Department and the FBI investigated the case. Assistant U.S. Attorney Jillian Anderson is prosecuting the case.
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 the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Springfield Man Sentenced to 15 Years for Illegal FirearmRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man was sentenced in federal court today for illegally possessing a firearm.
Walter Tyndal, 59, was sentenced by U.S. District Judge Brian C. Wimes to 15 years in federal prison without parole. Tyndal was sentenced as an armed career criminal due to his prior felony convictions. The court ordered this federal sentence to be served consecutively to any sentence for the revocation of his parole in an unrelated state case.
On Dec. 14, 2023, Tyndal pleaded guilty to being a felon in possession of a firearm.
Tyndal was arrested on an active warrant for a parole violation on Nov. 23, 2021. At the time of his arrest, Tyndal had a Bearman 9mm Derringer pistol in the back left pocket of his pants and a bag of marijuana in his front pocket.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Tyndal has three prior felony convictions for armed criminal action, three prior felony convictions for robbery, two prior felony convictions for stealing, two prior felony convictions for burglary, and a prior felony conviction for possessing marijuana in a correctional facility.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Springfield, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
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.
Seattle Man Sentenced for Buying 630,000 Counterfeit Pills on the Dark WebRead the Press Release
ST. LOUIS – U.S. District Court Judge Stephen R. Clark on Thursday sentenced a man who bought 630,000 counterfeit Xanax and other pills on the dark web to 30 months in prison and ordered him to pay a $10,000 fine.
Maximillian Gregory Verbowski will also be on supervised release for three years after his release from prison.
From October 2019 to August 30, 2021, Verbowski used cryptocurrency and cash to buy bulk quantities of counterfeit generic alprazolam, an anti-anxiety drug, and other prescription pills on the dark web and resell them. Verbowski’s source bought drug ingredients from China and used a pill press and stamps to mimic the pill markings used by real manufacturers. The supplier then shipped the pills to post office boxes Verbowski opened using aliases.
Courtesy of the Drug Enforcement Administration.Verbowski, now 29, of Seattle, pleaded guilty in June to one count each of conspiracy to sell counterfeit drugs, selling counterfeit drugs and using a fictitious name on mail to commit a crime.
The case was investigated by the FBI, the Drug Enforcement Administration, the U.S. Postal Inspection Service and Homeland Security Investigations. Assistant U.S. Attorney Kyle Bateman prosecuted the case.
Roland Resident Sentenced to 19 Years for Maiming and BurglaryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Morgan Cameron Blanton-Barnes, age 24, of Roland, Oklahoma, was sentenced to 235 months in prison for one count of Maiming in Indian Country and 188 months in prison for First Degree Burglary in Indian Country. These sentences are to be served concurrently.
The charges arose from investigations by the Roland Police Department, the Sequoyah County Sheriff’s Office, and the Federal Bureau of Investigation.
On December 14, 2022, Blanton-Barnes pleaded guilty to the charges. According to investigators, on April 23, 2022, Blanton-Barnes broke into the victim’s home while the victim was sleeping and attacked the victim with an electric saw. The victim suffered severe lacerations to the back of his skull and both hands. The crimes occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, in the Eastern District of Oklahoma.
“The facts of this case are shocking, and the sentence imposed is a clear message that the justice system will hold violent offenders accountable for their heinous crimes,” said United States Attorney Christopher J. Wilson.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing. Blanton-Barnes will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Kevin Gross represented the United States at sentencing.
Rapid City Man Sentenced to 40 Years in Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Rapid City, South Dakota, man convicted of Sex Trafficking by Force, Fraud, or Coercion and Enticement of a Minor Using the Internet. The sentencing took place on April 8, 2024.
Johnny Ray Heath, 52, was sentenced to 40 years in federal prison on each charge, lifetime supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund and restitution of $3,000 to each of the two victims. The prison sentences are to be served concurrently.
Heath was indicted for the charges by a federal grand jury in March of 2023. He pleaded guilty on December 15, 2023.
Heath was apprehended in January of 2023, when he traveled to a Rapid City parking lot to have sex with who he believed was a 14-year-old girl, when, in reality, the girl was an undercover Homeland Security Investigations Special Agent. Forensic analysis of Heath’s cell phone and other devices also revealed that he coerced his victims into engaging in sex with him by offering and providing them with alcohol, vapes, marijuana, money, and other things of value or to which they were addicted. Heath recorded himself sexually abusing his victims while they were unconscious or highly intoxicated.
“This case demonstrates the impact of undercover sex sting operations conducted by law enforcement in South Dakota,” said U.S. Attorney for the District of South Dakota Alison J. Ramsdell. “The publicity generated by the arrest of Johnny Heath led a local victim to come forward after she learned of his arrest through the media. A second victim disclosed Heath’s abuse of her shortly thereafter. Perpetrators like Heath pose a grave threat to young children in our community, and he has earned every single day of his 40-year sentence.”
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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Homeland Security Investigations, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Heather Knox prosecuted the case.
Heath was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced on Child Pornography ChargeRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Rapid City, South Dakota, man convicted of Possession of Child Pornography. The sentencing took place on April 8, 2024.
Titus Amiotte, 23, was sentenced to five years and three months in federal prison, followed by 10 years of supervised release, and ordered to pay $60,694.12 in restitution and a $100 special assessment to the Federal Crime Victims Fund. Amiotte will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Amiotte was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in February of 2022. He pleaded guilty on January 8, 2024.
Amiotte was federally indicted following law enforcement authority’s receipt of two Cybertips from the National Center of Missing and Exploited Children reporting suspected child pornography uploads to Google. The South Dakota Internet Crimes Against Children Taskforce executed a search warrant on Amiotte’s residence and later forensically examined a laptop and cell phone that were identified as belonging to Amiotte. The forensic examination of those devices located 86 images and 27 videos of child pornography.
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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by Homeland Security Investigations, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Amiotte was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on April 5, 2024.
Roy Brushbreaker, III, age 29, was sentenced to 22 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Brushbreaker was indicted by a federal grand jury in November of 2023. He pleaded guilty on January 11, 2024.
Brushbreaker was convicted of Abusive Sexual Contact in 2019. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. In August of 2023, Brushbreaker began a period of supervised release residing in Rapid City and appropriately registered as a sex offender. In October of 2023, Brushbreaker relocated to Sioux Falls, South Dakota, and did not thereafter update his registration. He was arrested in Sioux Falls on November 14, 2023.
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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Brushbreaker was immediately remanded to the custody of the U.S. Marshals Service.
Pulaski Woman Indicted for Bank Fraud, Social Security Fraud, and Aggravated Identity TheftRead the Press Release
SYRACUSE, NEW YORK – Wanda Gilpin, age 70, of Pulaski, New York, was arraigned today on a federal indictment charging her with six counts of bank fraud, two counts of misuse of a social security number, and one count of aggravated identity theft, United States Attorney Carla B. Freedman and Bradley Parker, Acting Special Agent in Charge of the Social Security Administration Office of Inspector General (SSA-OIG), New York Field Office announced.
According to the indictment, Gilpin is accused of applying for multiple credit cards and loans using the personal identification information—including the social security number—of other individuals, including her deceased husband. She executed this scheme to obtain lines of credit and loans with no intention of ever re-paying them. Gilpin is accused of stealing thousands of dollars from several different financial institutions during the course of several years.
The bank fraud charges filed against Gilpin carry a maximum sentence of 30 years in prison and a fine of up to $1,000,000. The misuse of a social security number charges carry a maximum sentence of 5 years and a fine of up to $250,000. Gilpin is also subject to a mandatory sentence of two years in prison, for the aggravated identity theft count, to be served in addition to any punishment for any other charges of conviction. If convicted, Gilpin will also be subject to a term of supervised release of up to five years after her release from prison. 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.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The SSA-OIG is investigating the case and the case is being prosecuted by Assistant U.S. Attorney Adrian LaRochelle and Special Assistant U.S. Attorney Paul Tuck.
Pine Ridge Woman Found Guilty of Involuntary ManslaughterRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a jury has convicted Janine Faye Good Lance, age 44, of Pine Ridge, South Dakota of two counts of Involuntary Manslaughter following a three-day jury trial in federal district court in Rapid City, South Dakota. The verdict was returned on April 11, 2024.
The charges carry a maximum penalty of eight years in custody and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Good Lance was indicted by a federal grand jury in March of 2023.
Evidence at trial established that Good Lance operated a motor vehicle on November 18, 2022, while under the influence of alcohol. She drove off the road and rolled multiple times killing the two passengers in her vehicle. Good Lance’s BAC was between .105 and .125 at the time of the crash.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the FBI. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
A presentence investigation was ordered and a sentencing date will be scheduled.
Pine Ridge Man Sentenced to 10 Years in Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Pine Ridge, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet. The sentencing took place on April 8, 2024.
Bert Roy Cottier, 58, was sentenced to 10 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Cottier will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Cottier was indicted for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, Attempted Receipt of Child Pornography and Attempted Transfer of Obscene Material to a Minor by a federal grand jury in November of 2023. He pleaded guilty on January 10, 2024.
Cottier was arrested and federally indicted after attempting to entice two undercover law enforcement agents posing as 13- and 14-year-old females. Cottier sent the undercover agents multiple sexually explicit messages and obscene matter between March of 2023 and October of 2023.
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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by Homeland Security Investigations, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Cottier was immediately remanded to the custody of the U.S. Marshals Service.
Physician Charged with 28 Additional Counts in Selling Opioid Prescriptions for CashRead the Press Release
WASHINGTON -- Ndubuisi Joseph Okafor, M.D., 64, of Upper Marlboro, Maryland, was charged in U.S. District Court yesterday on a 29-count count superseding indictment for illegally distributing prescriptions for narcotics in exchange for cash. According to court documents, Okafor allegedly distributed oxycodone and promethazine with codeine to individuals outside the usual course of professional practice and without a legitimate medical purpose from his medical practice in Washington, D.C.
As part of the conspiracy as charged in the superseding indictment, Okafor would distribute controlled substance prescriptions to co-conspirators whom he knew to be abusing or diverting the medication, in names and addresses requested by his co-conspirators, even when he knew the names or addresses were false. Okafor is alleged to have distributed dangerous and highly addictive controlled substances via medically unnecessary prescriptions to co-conspirators in at least 37 states nationwide and had knowledge that co-conspirators were traveling from the Washington, D.C. metro area to states as far as California, Florida, and Maine to have these illicit prescriptions filled. As part of the conspiracy, Okafor was paid in cash by his co-conspirators for each prescription issued. In addition to the charge of conspiracy, Okafor stands charged with maintaining a drug involved premises, and 26 counts of controlled substance distribution. These 26 counts include distributions to co-conspirators, an actual patient, and undercover law enforcement sources.
The charges were announced April 11, 2024, by U.S. Attorney Matthew M. Graves, FBI Assistant Director David Sundberg of the Washington Field Office, Special Agent in Charge Maureen R. Dixon, of the Department of Health and Human Services Office of the Inspector General, Daniel W. Lucas, Inspector General for the District of Columbia, and Special Agent in Charge Jarod Forget of the Drug Enforcement Administration’s (DEA) Washington Division.
Okafor was previously indicted in March 2023 for distribution of controlled substances outside the legitimate practice of medicine. The superseding indictment unsealed yesterday charges Okafor with a total of 29 counts.
If convicted, Okafor faces a maximum penalty of 20 years in prison on each count.
The case is being investigated by the FBI’s Washington Field Office, the Department of Health and Human Services Office of Inspector General, and the DC-Office of Inspector General Medicaid Fraud Control Unit (MFCU). The Drug Enforcement Administration Washington Division provided valuable assistance and served an Immediate Suspension Order (ISO) on Okafor’s DEA registration because it was determined that he posed an imminent danger to public health and safety due to the volume of unlawful distribution of opioids.
The case is being prosecuted by Assistant U.S. Attorney Meredith Mayer-Dempsey and Trial Attorney Kathryn Furtado of the Justice Department’s Fraud Section.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Philadelphia Carjacking Task Force Highlights Significant Cases, Impact Since Its Formation Two Years AgoRead the Press Release
PHILADELPHIA – The agencies comprising the Philadelphia Carjacking Task Force highlighted the task force’s efforts at a press conference today at the U.S. Attorney’s Office.
U.S. Attorney Jacqueline C. Romero, ATF Philadelphia Special Agent in Charge Eric J. DeGree, FBI Philadelphia Special Agent in Charge Wayne A. Jacobs, and Philadelphia Police Commissioner Kevin J. Bethel discussed the benefits of the task force partnership and several significant investigations. They also noted that the number of carjackings in Philadelphia, after hitting a historical high of 1,311 in 2022, dropped 31% to 900 in 2023. In addition, the numbers for the first quarter of 2024 are indicative of another marked decline from last year.
In her remarks, U.S. Attorney Romero shared that, from January 2022 through March 2024, 59 cases investigated by the Carjacking Task Force have resulted in federal charges, with a total of 103 defendants federally charged in connection with 121 individual carjackings.
U.S. Attorney Romero also discussed some recent case developments, including the sentencing of Dashawn Pringle to 10½ years in prison for two armed carjackings, one in which a victim was violently assaulted; the guilty plea of John Nusslein to two carjackings, including one where an elderly delivery driver was fatally beaten, resulting in a potential sentence of 25 years in prison; and the guilty pleas of Angel Fayez and Kevin Antun to a crime spree that began with a carjacking. Fayez and Antun are now facing mandatory minimum sentences of seven years in prison, and statutory maximum sentences of life in prison.
“We want our community to know that significant strides are being made on their behalf by the Philadelphia Carjacking Task Force,” said U.S. Attorney Romero. “At the same time, we want carjackers, and would-be carjackers, to know that we can and have charged defendants as young as 18 years old federally, and in the cases we’ve prosecuted, we’ve obtained some very significant sentences. Carjacking defendants routinely receive sentences of seven to 15 years — and can even face up to a lifetime of imprisonment in some cases.”
ATF Special Agent in Charge DeGree talked about his agency’s role on the task force, providing investigators and employing ATF’s crime gun intelligence tools. He also highlighted one of the agency’s key cases, in which Tarik Chambers and Nikeem Leach-Hilton committed three back-to-back carjackings, then crashed into and critically injured an elderly driver while fleeing from police. Each man was sentenced to more than 18 years in prison. Two other defendants in the same carjacking crew, Rashad Johnson-Price and Khasir Lynch, have pleaded guilty to additional carjackings; each faces about a decade in federal prison when sentenced.
“Our team of ATF special agents are working tirelessly with our partners in the Philadelphia Carjacking Task Force to seek justice and prevent these dangerous crimes,” said Special Agent in Charge DeGree. “Carjacking is not only a deadly dangerous crime, it is a serious federal offense, carrying lengthy federal prison sentences, even for first-time offenders.”
FBI Special Agent in Charge Jacobs looked at the Bureau’s investigative role and reviewed the cases of Shamire Young and Robert Riles. Young and three co-conspirators committed a carjacking at gunpoint in Northwest Philadelphia, pistol-whipping one of the victims; Young pleaded guilty and was sentenced to seven years behind bars. Riles and two co-conspirators committed a carjacking at gunpoint of a mother and daughter in West Philadelphia, with Riles pleading guilty and receiving a sentence of more than 11 years in prison.
“Whether a single subject or a group of subjects — with criminal history or without — the message is simple. Your actions have consequences,” said Special Agent in Charge Jacobs. “No matter who you are, the FBI and each agency on this task force will hold you to account.”
Philadelphia Police Commissioner Bethel cited the decrease in carjackings in the city over the last two years, crediting the work of the task force for getting numerous violent offenders off the street. He underscored the importance of partnerships like the Carjacking Task Force and how local and federal authorities must work collectively to reduce violent crime.
Perry County Commonwealth Attorney Arrested and Charged with Federal Honest Services Wire FraudRead the Press Release
LONDON, Ky.— The Commonwealth’s Attorney, for the 33rd Judicial Circuit of Kentucky, Scott Blair, 51, of Hazard, Ky., was charged with committing honest services wire fraud, via a federal criminal complaint on Friday.
The criminal complaint alleges that, from April 2020 to March 2024, while serving as the elected Commonwealth’s Attorney for Perry County, Blair used his position of public trust and authority to assist various individuals who were facing criminal charges in Perry County. The complaint further alleges there are numerous instances in which Blair requested something of value, including sexual favors and methamphetamine, from multiple individuals, in exchange for taking actions in his official capacity to help those individuals.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; Russell Coleman, Attorney General of Kentucky; and Col. Phillip J. Burnett, Jr., Commissioner of the Kentucky State Police, jointly announced the charges.
The investigation preceding the complaint was conducted by the FBI, Kentucky Attorney General’s Office, and KSP. Assistant U.S. Attorney Justin Blankenship is prosecuting the matter on behalf of the United States.
Blair’s initial appearance is currently scheduled for Monday at 2:45 p.m.
The charges and allegations contained in the complaint are accusations only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Owings Mills Man Found Guilty of Conspiracy, Visa Fraud, and Aggravated Identity Theft After 9-Day TrialRead the Press Release
Baltimore, Maryland – A federal jury has convicted Oluwatoyin Aborisade, a/k/a “Thoyinstar”, a/k/a “Toyin”, age 46, of Owings Mills, Maryland, for conspiracy to commit visa fraud, visa fraud, and aggravated identity theft.
The conviction was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore; Special Agent in Charge Karen L. Brown Cleveland of the Department of State’s Diplomatic Security Service (DSS); and Washington District Office Director Ron Rosenberg of United States Citizenship and Immigration Services-Fraud Detection and National Security (USCIS-FDNS).
According to the evidence presented at his 9-day trial, from approximately December 2017 to October 2020, Aborisade conspired with others to commit visa fraud by presenting false statements and fraudulent immigration documents to the United States Citizenship and Immigration Services. Specifically, the evidence proved that Aborisade established Phemnick Legal Center LLC and other entities bearing the name Phemnick, to assist individuals and their families with immigration-related legal work, including filing official forms and paperwork to obtain immigration benefits in the United States. In fact, Aborisade was not a licensed immigration attorney, was not licensed to practice law in Maryland or elsewhere, and neither Aborisade nor Phemnick were accredited by the Board of Immigration Appeals to legally provide immigration services.
As detailed at trial, Aborisade advertised immigration related services to aliens and their family members and friends through the use of business cards, social media and websites. Aborisade gave false, inaccurate, and incomplete legal and immigration advice to alien-clients in order to induce them to retain his services and those of Phemnick. Aborisade’s clients paid him a fee to complete and submit the necessary documents. Aborisade knowingly presented false statements with respect to material facts in applications, affidavit and other documents required by immigration laws and regulations.
For example, as detailed in trial testimony, a co-conspirator paid Aborisade monetary compensation in order to draft a fraudulent lease to be submitted with various immigration filings to USCIS, in order to demonstrate that the co-conspirator had resided with his spouse, when in fact, he had not. Aborisade and a co-conspirator employee of Phemnick exchanged emails coordinating the editing and falsification of documents to be submitted in immigration filings to the USCIS, including psychological evaluations. As part of the fraud, Aborisade also provided a co-conspirator with sample lease agreements to falsify immigration documentation, as evidence that alien-clients had resided with their spouses, when in fact, they had not. The evidence proved that Aborisade submitted at least 12 fraudulent documents to the USCIS.
Finally, the evidence proved that Aborisade committed aggravated identity theft by using the personal identifying information (“PII”) of real people in fraudulent visa applications without the victims’ permission. Specifically, Aborisade used the names, passports, social security numbers, IRS Forms 1040, of one group of identity theft victims, and the name and medical license number of another identity theft victim in filings with USCIS, without the victims’ knowledge or permission.
Aborisade faces a maximum sentence of 15 years in federal prison for conspiracy to commit visa fraud, a maximum of 15 years in federal prison for each of 12 counts of visa fraud, and a mandatory minimum of two years in federal prison, consecutive to any other sentenced imposed, for each of 10 counts of aggravated identity theft. U.S. District Judge Julie R. Rubin has scheduled sentencing for August 1, 2024, at 2 p.m.
United States Attorney Erek L. Barron commended HSI, DSS, and the USCIS-FDNS for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Michael Aubin and Darryl Tarver, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.
Ohio Woman Sentenced for Violation of Freedom of Access to Clinic Entrances (FACE) Act Violation for Damaging Pregnancy CenterRead the Press Release
TOLEDO – Whitney Durant, AKA Soren Monroe, age 20, of Worthington, Ohio, was sentenced to two years of probation and a $2,000 dollar fine by Magistrate Judge Darrell A. Clay, after pleading guilty to one count of intentionally damaging a reproductive health care center, a violation of the Freedom of Access to Clinic Entrances Act (the “FACE Act”). Durant vandalized HerChoice, a reproductive health services clinic located in Bowling Green, Ohio, because the clinic offers pregnancy counseling, free pregnancy testing and ultrasounds, but not abortion services.
According to court documents and statements made in court, on April 15, 2023, Durant defaced the clinic’s building, spray painting the words, “LIARS,” “FAKE CLINIC,” “Fund Abortion,” “Abort God,” and “Jane’s Revenge.” Durant was a Bowling Green State University student at the time of this conduct.
“The United States Attorney’s Office is committed to neutrally enforcing federal laws that protect uninterrupted access to all clinics providing reproductive health services, whether those clinics provide women with options that include abortion care or whether they solely encourage women to consider non-abortion alternatives,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “This prosecution and sentence demonstrate that we will not tolerate efforts to impede patient access to the reproductive health care of their choice by someone who intentionally defaces or otherwise damages a clinic providing such services. The First Amendment protects peaceful protests, not blatant vandalism.”
“Today’s sentencing serves as a reminder that intentionally damaging or destroying the property of a facility because it provides reproductive health services is a federal violation of the FACE Act,” said FBI Cleveland Special Agent in Charge Greg Nelsen. “The FBI and its local, state, tribal, and federal law enforcement partners will protect access to reproductive healthcare services for every American, thoroughly investigate FACE Act violators, and continue to aggressively pursue all violations of the statute.”
The FBI Cleveland Field Office, Toledo Resident Agency and Bowling Green Police Department investigated the case. Assistant U.S. Attorney Angelita Cruz Bridges and Wood County Prosecutor and Special Assistant U.S. Attorney Paul Dobson for the Northern District of Ohio prosecuted the case.
Anyone who has information about incidents of violence, threats and obstruction that target a patient or provider of reproductive health services or damage and destruction of reproductive health care facilities, should report that information to the FBI at https://tips.fbi.gov/.
Matawan Cardiologist Admits Defrauding Health Insurance Companies of More Than $1.9 Million Through Health Care Fraud SchemeRead the Press Release
TRENTON, N.J. – The owner and sole medical provider of a New Jersey medical practice admitted his role in a health care fraud scheme causing over $1.9 million in insurance reimbursements for false claims, U.S. Attorney Philip R. Sellinger announced today.
Dr. Fazal Panezai, 76, of Morganville, New Jersey, pleaded guilty before U.S. District Judge Georgette Castner in Trenton federal court to an information charging him with participating in a health care fraud scheme.
According to documents filed in the case and statements made in court:
Panezai, who owned and operated Matawan-Aberdeen Heart & Medical Center, for years submitted false claims to at least six health insurance benefit programs for office visits that either never occurred or did not take place for the length of time that he claimed.
For example, Panezai submitted claims for office visits lasting approximately 1,675 minutes – approximately 27.9 hours – for one day’s worth of office visits on May 27, 2022. Panezai also billed health insurance providers over $80,000 for office visits when he was out of the country and not conducting any office visits. Panezai also submitted claims for office visits when patients only picked up a prescription for a controlled substance from the front desk and never met with him. The false claims caused insurance plans to issue reimbursement checks to the center. Panezai kept the illicit profits, which totaled more than $1.9 million.
The charge of health care fraud is punishable by a maximum of 10 years in prison and a maximum fine of either $250,000 or twice the gain or loss from the offense, whichever is greatest. Sentencing is scheduled for Aug. 20, 2024.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the guilty plea. He also thanked the Matawan Police Department.
The government is represented by Assistant U.S. Attorney DeNae Thomas of the Health Care Fraud Unit in Newark.
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