Northern District of Alabama

Birmingham, Ala. – Following a three-day bench trial, a Birmingham woman was convicted on charges of conspiracy to commit mail and wire fraud and intimidating a witness, announced U.S. Attorney Jay E. Town and IRS Criminal Investigation Special Agent in Charge Andrew M. Thornton, Jr.

After three days of testimony, U.S. District Court Judge R. David Proctor convicted Quincetta Yvonne Cargill, 48, of one count of conspiracy to commit mail and wire fraud and one count of witness tampering.  Cargill represented herself and also took the stand to testify. 

“This case was about greed at the expense of too many,” Town said. “The finding of guilt for this individual should forewarn anyone that would commit fraud on the taxpayers by filing false tax returns will be prosecuted to the fullest extent. Thanks to the hard work of the prosecutors and agents the defendant has been brought to justice.” 

“Individuals who commit refund fraud and identity theft of this magnitude and with this degree of trickery, dishonesty and deceit, deserve to be punished to the fullest extent of the law," Thornton said. "IRS Criminal Investigation, along with our law enforcement partners and the United States Attorney's Office, remain vigilant in identifying, investigating and prosecuting those individuals who seek to willfully defraud the United States Treasury and blatantly disregard the victims of their schemes.”

Evidence at trial, including witness testimony, bank records, and IRS tax returns, proved that Cargill obtained the names, dates of birth, and social security numbers of individuals, told them she was submitting their information for a federal grant program, and instead caused fraudulent tax returns to be filed with their information. Cargill then directed others to open bank accounts, and used her own bank accounts, to receive tax refund checks from those fraudulently filed returns. In total, Cargill and her co-conspirators obtained more that $1 million from refunds from fraudulent tax returns.  Evidence at trial also proved that Cargill attempted to intimidate a witness in her case by sending information about the witness and their potential testimony to members of a motorcycle club, in order to influence or prevent that witness from testifying at trial.

The maximum penalty for conspiracy to commit mail and wire fraud is 20 years in prison and a $250,000 fine. The maximum penalty for witness tampering is 20 years in prison and a $250,000 fine.

IRS-CID investigated the case, which Assistant U.S. Attorney Allison Garnett and Blake Milner are prosecuting. 

BIRMINGHAM, Ala. – “Kimberly PD Officer Nick O’Rear’s end of watch has come to soon.  Our thoughts and prayers are with his family, friends and fellow officers.  This tragedy is yet another heartbreaking reminder of the dangers all law enforcement face while we enjoy the safety they provide us.  We must ask ourselves how we can all join together to bridge the respect deficit for law enforcement that is directly and indirectly leading to violence against our brave men and women of the badge.  Enough is enough.”

BIRMINGHAM, Ala. – A family medicine physician pleaded guilty today of drug distribution charges arising out of her prescription of opioid drugs from a medical clinic she operated in Alabama.

            Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Jay E. Town of the Northern District of Alabama, Special Agent in Charge Derrick L. Jackson for the Office of Inspector General of the U.S. Department of Health and Human Services and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration’s New Orleans Field Division made the announcement.

Celia Lloyd-Turney (Turney), M.D., 66, of Toney, Alabama, who operated Choice Medicine Clinic, pleaded guilty to one count of unlawful distribution of controlled substances.  Sentencing has been scheduled for June 8, 2020 before U.S. District Judge Liles C. Burke of the Northern District of Alabama. 

"Turney operated a family medicine clinic, mass-prescribing opioids without medical justification and taking advantage of patients, many of whom are addicted to opioids, with no regard to the larger pain brought to those individuals, families and communities,” Town said. “After the government had rested its case, and faced with the mountain of evidence presented against her, Dr. Turney didn’t wait for the verdict.  She pleaded guilty, which is the strongest form of proof in our system.  I am grateful to the trial team, Main Justice Criminal Fraud Section, Criminal Division AAG Brian Benczkowski, and the entire ARPO Strike Force team for their efforts in this case.  The citizens of Alabama are safer as a result and the message is clear to medical providers who over-prescribe opioids: the white coat is no shield to federal prosecution.”

"Prescription drug abuse remains a significant problem in this country that destroys countless lives. DEA is fully committed to the pursuit of any individual who abandons their oath as a medical practitioner,” DEA Special Agent in Charge Brad L. Byerley said. “DEA will continue to work with all of our law enforcement partners, the medical community and the public to identify and stop those responsible for endangering lives in our communities and bring them to justice.”

The plea came after a trial while the jury was deliberating, but before they reached a verdict. At trial, evidence showed that from 2015 to 2017, Turney wrote multiple prescriptions for controlled substances to purported patients who were actively abusing other drugs, suffering from addiction, and selling the pills.   

This case was investigated by HHS-OIG and the DEA, with the assistance of the Huntsville, Alabama Police Department.  Trial Attorneys Louis Manzo and Ann Weber Langely of the Criminal Division’s Fraud Section and Assistant U.S. Attorney J.B. Ward of the Northern District of Alabama are prosecuting the case.

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force.  Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills.

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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A family medicine physician pleaded guilty today of drug distribution charges arising out of her prescription of opioid drugs from a medical clinic she operated in Alabama.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Jay E. Town of the Northern Distrcit of Alabama, Special Agent in Charge Derrick L. Jackson for the Office of Inspector General of the U.S. Department of Health and Human Services and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration’s (DEA) New Orleans Field Division made the announcement.

Celia Lloyd-Turney (Turney), M.D., 66, of Toney, Alabama, who operated Choice Medicine Clinic, pleaded guilty to one count of unlawful distribution of controlled substances.  Sentencing has been scheduled for June 8, 2020, before U.S. District Judge Liles C. Burke of the Northern District of Alabama. 

The plea came after a trial while the jury was deliberating, but before they reached a verdict. At trial, evidence showed that from 2015 to 2017, Turney wrote multiple prescriptions for controlled substances to purported patients who were actively abusing other drugs, suffering from addiction, and selling the pills.   

This case was investigated by HHS-OIG and the DEA, with the assistance of the Huntsville, Alabama Police Department.  Trial Attorneys Louis Manzo and Ann Weber Langely of the Criminal Division’s Fraud Section and Assistant U.S. Attorney J.B. Ward of the Northern District of Alabama are prosecuting the case.

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force.  Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills.

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

“The Department of Justice learned this morning that the Holman facility was to be closed and that the majority of the prisoners housed in that prison would be transferred to other facilities. I am disappointed that we were not privy to the decision to close Holman at the time such a decision was being considered.  We will continue to forge ahead in our good faith negotiations.”

“The emergency prohibition of fentanyl analogues expires on February 6 without congressional action.  Fentanyl and its analogues are responsible for hundreds of fatal and non-fatal overdoses in the Northern District.  Without action by Congress, my partners and I will not have the tools we need to protect families in the Northern District from the onslaught of these extraordinarily dangerous substances. 

“We have seen a transition in the source of fentanyl finding its way into communities in the Northern District.  Opioids, especially fentanyl, are deadly and are responsible for too many overdoses in the Northern District.  It’s everywhere, in every community. Every socio-economic status, group, or class is vulnerable to the trappings of illegal drug use and the death and destruction caused by opioids, especially fentanyl and its analogues.

“In September, I traveled with a delegation to Mexico and saw the labs where the cartels produce this poison that is coming into our nation by the ton.  I witnessed firsthand the lengths the drug cartels will go to fuel the disease of addiction.  Many of the precursor chemicals used to produce fentanyl are shipped into Mexico from China.  I have also spent a career watching the devastation that drug addiction, and inevitable overdose, has on our families, our children, and our communities.  The cartels are increasing fentanyl production right now, all destined for the United States.  Fentanyl serves as a synthetic wrecking ball to our country and must be policed aggressively so that more Americans are spared the near-certain death that too often stems from its mere presence. 

“For your illustration, in 2007 there were 36,000 fatal overdoses in America, with nearly 19,000 from opioids.  By 2017, due in part to the introduction of fentanyl, the total number of fatal overdoses spiked to more than 70,000 with over 47,000 resulting from opioids. While the number of fatal overdoses seems to have leveled off, or perhaps is declining, those numbers record levels of fatal overdoses. The Center for Disease Control has found that Alabama had a significant rise in opioid overdose deaths in recent years.  Opioids are responsible for 68% of all overdose deaths in United States, with fentanyl being both ubiquitous and deadly.  To illustrate further, many of our first responders now carry naloxone to counter the possible deadly effects of coming into contact with fentanyl when treating patients, victims, or just in the collection of evidence after an arrest.

“I join my colleagues in the Department of Justice in urging Congress to give us the tools we need to continue our efforts against the distribution of fentanyl and its analogues here in Alabama and across the United States.  This fight is far from over.  Now is not the time to leave our fight in the dressing room.  Congress must take action immediately to extend the scheduling of these dangerous substances.  Lives are quite literally at stake.”

 Background:  In an effort to combat this deadly drug epidemic, DEA issued a temporary emergency two-year order in February 2018 that made all fentanyl-related substances illegal.  Our country has seen a marked supply impact from DEA’s temporary scheduling of fentanyl-related substances during the past two years, with a 50 percent decrease in fentanyl-related substances encountered across the United States.  However, DEA’s emergency authority expires at midnight on February 6, 2020, unless Congress acts to extend it.

BIRMINGHAM, Ala. – A federal judge today sentenced a Tuscaloosa man for two armed robberies in Tuscaloosa, announced U.S. Attorney Jay E. Town and Bureau of Alcohol Tobacco and Firearms Special Agent in Charge Marcus Watson.

U.S. District Judge L. Scott Coogler sentenced Ladarius Maurice Watson, 23, Tuscaloosa, to 180 months in prison and for Hobbs Act Robbery and carrying and brandishing a firearm during and in relation to a violent crime.  Watson pled guilty in July 2019. 

“The safety of many innocent people were threatened during this string of armed robberies in Tuscaloosa,” Town said.  “These crimes are far too prevalent in the Northern District and thus our local, state and federal law enforcement agencies will remain the phalanx to not only police violent crime, but defeat it.”

“ATF’s Crime Gun Intelligence partnerships with the Tuscaloosa Police Department as part of Project Guardian, continue to focus on reducing violent crime by those individuals who commit armed robberies,” Watson said.

“This case involved several violent individuals armed with firearms,” said Captain Brad Mason, Tuscaloosa Police Department.  Through the great partnership we have with the ATF and the US Attorney’s Office, we are able to get them off of the street for the maximum amount of time.  By doing this, we are best serving the citizens of our community and state.  We are fortunate and glad to have a great relationship with these agencies, and we appreciate the hard work that was put in by all.  We hope to continue this relationship, continue to convict these violent criminals who perpetuate gun crimes, and make our streets safer.” 

According to evidence at the trial of Jamarkus Thompson, Watson and Rodgers robbed the two stores at gun point using an assault style rifle, while Thompson remained in the vehicle.    Watson, Rodgers and Thompson were stopped by Tuscaloosa police minutes after the robberies, where evidence of both crimes were found in their possession, including money, receipts, and the firearms. 

Quartaius Deandrew Rodgers, 24, pled guilty in July 2019.  In November 2019, U.S. District Court L. Scott Coogler sentenced Rodgers to 95 months in prison for Hobbs Act Robbery and carrying and brandishing a firearm during and in relation to a violent crime. 

Jemarkus Vonsha Thompson was convicted in October 2019.  His sentencing is scheduled for February 27, 2020. 

ATF investigated the case along with the Tuscaloosa Police Department, which Assistant U.S Attorney Brad Felton and Allison Garnett prosecuted. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. – “This tragedy is a heartbreaking reminder of the dangers all law enforcement face.  While they keep us safe.  While they do the job.  Our thoughts and prayers are with Detective Finke, his family, and all of Birmingham PD.  We should never forget that the line of duty is endowed by sacrifice, selflessness, and courage.”

BIRMINGHAM –Shelby County Sheriff John Samaniego was appointed to serve as a Commissioner on the Presidential Commission on Law Enforcement and the Administration of Justice announced, U.S. Attorney Jay E. Town.  Attorney General William P. Barr announced the establishment of the Commission today. On Oct. 28, 2019, President Donald J. Trump signed Executive Order No. 13896, authorizing and designating the Attorney General to create such a Commission that would explore modern issues affecting law enforcement that most impact the ability of American policing to reduce crime.

“This Commission is critical, not only because it is timely, but because law enforcement faces more and greater challenges than ever before,” Town said.  “Sheriff John Samaniego is a dedicated public servant with the experience and capacity which will serve the Commission’s purpose well.  Not only will the fruits of this effort reduce crime in America, it will reduce the respect deficit towards law enforcement that so deservedly need our support.” 

“I am grateful and humbled by the opportunity to serve the interests of our country and our nation’s law enforcement officers,” Shelby County Sheriff John Samaniego said. “I will work tirelessly to represent Shelby County and the State of Alabama.  Most importantly, I will strive to deliver to President Trump, along with my fellow Commissioners, recommendations that will better serve our citizens, safeguard liberties, and encourage and support our nation’s law enforcement and their families.” 

The Commissioners, appointed by the Attorney General and announced today, are urban police chiefs, state prosecutors, county sheriffs, members of rural law enforcement, federal agents, U.S. Attorneys, and a state attorney general. In addition to their diverse experiences and backgrounds, each member brings to the Commission an expertise in formulating and shaping law enforcement policy and leading police departments and law enforcement organizations.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. –A federal judge today sentenced two men involved in a methamphetamine conspiracy to prison sentences ranging from twelve years to twenty-four years, announced U.S. Attorney Jay E. Town, Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.

U.S. District Judge Madeline H. Haikala sentenced Melvin “Froggy” Rolin, of Cullman, to 24 years and 7 months in prison, as the leader of a North Alabama drug conspiracy that was responsible for importing over 90 kilograms of pure methamphetamine into Cullman, Morgan, Madison and Limestone counties.  Rolin pled guilty in June 2019 to conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine between January 2016 and February 2018.  Rolin also pled guilty to distributing 5 grams or more of methamphetamine on February 3, 2018 and to possessing a North American Arms .22 magnum caliber pistol firearm in furtherance of a drug-trafficking crime and being a felon in possession of a firearm.

The judge sentenced Barry Williams, of Morgan County, to 12 ½ years in prison for his role in the drug conspiracy.  Williams pled guilty in October 2019 to conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine between January 2016 and February 2018.  Rolin also pled guilty to distributing 5 grams or more of methamphetamine on January 31, 2018. 

“There is no daylight between local, state and federal law enforcement,” Town said. “These prosecutions represent the hard work of many of our law enforcement partners and exemplify our global efforts to stop the influx of dangerous drugs like methamphetamine being brought into our communities. These defendants will now be joined by other drug dealers in a federal prison.”

“Drugs and guns are a deadly combination that often end with violent acts,” Morris said.  “Today’s sentences should send a resounding message to all drug dealers in Alabama.  We will target you, investigate you, and ensure that you go to prison in order to make our communities safe.”

“ATF’s Crime Gun Intelligence as part of Project Guardian, continue to focus on reducing violent crime as the criminal element knows no geographical boundaries,” Watson said.

The DEA, ATF along with the Madison County Sheriff’s Office, Morgan County Sheriff’s Office, and Cullman County Sherriff’s Office investigated the case, which Assistant U.S. Attorney Robert J. Becher, Sr. prosecuted.

BIRMINGHAM, Ala. –A federal judge today sentenced a Huntsville man to 25 years in prison for sexually exploiting a 10-year-old child, announced U.S. Attorney Jay E. Town and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations Assistant Special Agent in Charge James G. Hernandez­.

United States District Court Judge Abdul K. Kallon sentenced Darnell Lawson to 25 years in prison for producing child pornography and enticing a young girl to engage in sexual activity for the purpose of creating obscene images.  Lawson pled guilty to these charges in August 2019 and is required to register as a sex offender.   

“A long prison sentence is well-deserved for this defendant,” Town said.  “Lawson stole the innocence of a young girl and gave her no sanctuary of a childhood.  He will now spend the next 25 years in federal prison where there is no sanctuary of parole.”

“This case demonstrates how HSI seeks to partner with all the relevant stakeholders to protect those among us that are the most vulnerable,” Hernandez said.  "HSI partnered with Huntsville PD, and the NCAC multidisciplinary team to get this predator off our streets.” 

This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines 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/pcs.

The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423.  Investigators are available at all hours to answer hotline calls.  Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app.  Tips may be submitted anonymously.

U.S. Immigration and Custom Enforcement’s Homeland Security Investigations along with the Huntsville Police Department investigated the case, which Assistant U.S. Attorney Robert J. Becher, Sr. prosecuted.

BIRMINGHAM – A federal judge today sentenced a DeKalb County man to 21months in prison for violation of the Sex Offender Registration and Notification Act announced U.S. Attorney Jay E. Town and U.S. Marshal Martin Keely.  

U.S. District Judge Liles C. Burke sentenced JASON WIENK, 45, to 21 months in prison to be followed by five years of supervised release.  Weink pled guilty in August for failure to register or update registration in violation of the Sex Offender Registration and Notification Act (SORNA). 

“Sexual assault of an innocent child is despicable,” Town said.  “Sex offenders who flee to another state, and violate the law by not registering will be caught, will be prosecuted, and will occupy the bed reserved for them in federal prison. We appreciate the investigative work of the U.S. Marshals Service in Alabama and Illinois, and our partnership with the DeKalb County Sheriff’s Office.”

According to the plea agreement, Wienk was convicted of predatory criminal sexual assault of a child in the Circuit Court of Winnebago County, Illinois.  Such criminal conviction requires Wienk to register as a sex offender for life.  Wienk moved across state lines to Alabama and did not register as a sex offender. 

Under the Adam Walsh Child Protection and Safety Act of 2006, if a convicted sex offender travels to another state and fails to register as required by law, he/she is subject to federal prosecution that carries penalties of a fine and/or imprisonment for up to 10 years.

U.S. Marshals Service for the Northern District of Alabama and Northern District of Illinois along with DeKalb County Sheriff’s Office investigated the case.  Assistant U.S. Attorney R. Leann White prosecuted the case.

BIRMINGHAM, Ala. –A federal judge on Thursday sentenced a Birmingham man on gun and drug charges, announced U.S. Attorney Jay E. Town and Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris.

U.S. District Judge Annemarie Axon sentenced Edwin “Fats” Pettaway, 48, to 174 months in prison, and five years of supervision following his release from prison.

Pettaway was charged with possession with intent to distribute 8 ounces of crack cocaine and with possession of a loaded 9mm pistol in furtherance of a drug felony. A federal jury convicted Pettaway in July 2019.  According to court testimony, law enforcement had not seen this amount of crack in one place at one time in years.  Pettaway was found in possession of a 5.56 caliber Bushmaster semi-automatic rifle loaded with 30 rounds of ammunition and 29 hydrocodone pills.

“There is zero tolerance in the Northern District for those in possession of firearms while dealing deadly narcotics,” Town said.  “Pettaway has now been given bed space in federal prison with no sanctuary of parole.”

The DEA investigated the case, which Assistant U.S. Attorney Bill Simpson and John Camp prosecuted.

BIRMINGHAM, Ala. –A federal judge today sentenced a Tuscaloosa man on gun and drug charges, announced U.S. Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.

U.S. District Court Judge Annemarie Axon sentenced Seth Williams, 27, to 262 months in prison for possession with intent to distribute methamphetamine, use of firearm during a drug offense, and felon in possession of a firearm.  Williams, a career criminal with an extensive record, pled guilty in June 2019.

“Society needs protection from this dangerous class of repeat offenders, and the U.S. Attorney’s Office and our law enforcement partners are providing it,” Town said. “Williams will spend the next 262 months in a federal prison bed with no sanctuary of parole.”

“ATF’s Crime Gun Intelligence as part of Project Guardian, focused on providing a safe environment to the communities that are affected by violent crime,” Watson said.

The ATF investigated the case along with the West Alabama Narcotics Task Force, which Assistant U.S. Attorney Bill Simpson and John Camp prosecuted.

BIRMINGHAM, Ala. –A federal judge today sentenced a Tuscaloosa man to 235 months in prison, announced U.S. Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.

U.S. District Judge Annemarie Carney Axon sentenced Montez Vantarus Spradley, 37, for being a felon in possession of a firearm.  Spradley pled guilty to the single count indictment in August 2019.  

“Spradley spent the last 17 years traveling through the revolving doors of overwhelmed state courthouses and over-crowded prisons,” Town said.  “His next 19 years will be spent locked away in a federal prison.”

“ATF’s priority of removing the criminal element that uses firearms in domestic violence situations is clearly evident with this sentencing,” Marcus said.

According to court documents, in the early morning hours of March 26, 2019, Tuscaloosa police responded to a domestic violence call at the apartment where Spradley lived with his girlfriend.  They found her bleeding from a head wound that she received when Spradley struck her with a pistol during an argument.  Officers recovered the pistol and a loaded magazine from a bedroom closet at the residence.  When officers arrested Spradley for domestic violence, they found in his pocket a second magazine containing identical ammunition.

Spradley’s sentence was driven by his extensive criminal history, which included prior convictions for assault, second degree, felony murder, intimidating a witness, possession of a controlled substance with the intent to distribute, and possession of a controlled substance.

The ATF investigated the case, which Assistant U.S. Attorney Alan Baty prosecuted.

BIRMINGHAM, Ala. – “Today we show our collective gratitude and thanks to the men and women who selflessly put on their uniforms every day and make the sacrifice to protect our communities,” Town said.  “American law enforcement officers truly are the very best among us.  We need not qualify those words with caveats and qualifications.  Just praise.  Just admiration.  Just thanks.  Let’s show our support today and every day.”

Pell City Woman Sentenced to 2 ½ Years in Prison for Wire and Bank Fraud

BIRMINGHAM –A federal judge today sentenced a Pelly City woman for orchestrating a sophisticated financial fraud scheme involving over $200,000 in fraudulent transfers, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp, Jr.

U.S. District Judge Annemarie Axon sentenced JULIA HOLLIS MEYERS, to 30 months in prison for wire fraud and bank fraud related to her stealing money from her employer.  Meyers pled guilty to one count wire fraud and one count bank fraud in August.  

“Motivated by greed, Meyers violated the trust of her employer,” Town said.  “Meyers chose a life of theft and fraud and will now spend time in the bed space reserved for her in federal prison.”

“Anyone who tries to take advantage of a trusted position by illegally profiting from it should see this sentencing as a warning that the FBI is determined to pursue justice for the companies who are victimized,” Sharp said.

According to court documents, Meyers was previously employed by Hibbett Sports, Inc., as a Senior Lease Administrator.  Between 2014 and 2018, Meyers engaged in a scheme to direct ACH payments from Hibbett Sports to her personal bank account.  Meyers obtained checks for vendor lease payments from Hibbett Sports and deposited the checks into her personal bank account.  Meyers’ scheme resulted in her stealing $207,357.56 from her employer.

The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark prosecuted.

BIRMINGHAM, Ala. – The number of defendants charged with federal crimes in the Northern District of Alabama in Fiscal Year (“FY”) 2019 and the percentage of those defendants sentenced to prison was the highest ever recorded, announced U.S. Attorney Jay E. Town.

         “The priorities of the Department of Justice to reduce violent crime, aggressively address the opioid crisis, and protect the public fisc were all successfully executed by our office in 2019.  I believe that our numbers are a reflection of effort by not only my office, but by all of the federal law enforcement agencies and our local and state partners who continue to investigate and refer more cases than ever before,” Town said.  “More of our worst offenders are going to federal prison, and for longer.  The Criminal, Civil, and Appellate Divisions are coordinating with the others in a true phalanx and, as a result, the office was more productive than ever before.  This continues to build on the improvements made in 2018. Not only are prosecutions up, but we have increased our crime prevention efforts dramatically as well and the citizens of the Northern District of Alabama are safer as a result of these efforts.”

All of the caseload data and statistics below are extracted from the United States Attorneys’ Case Management System kept by the Department of Justice in Washington, D.C.  The years ascribed to any particular data point are fiscal years, which runs from October 1st through September 30th of any given period.  Unless otherwise specified, any comparisons of data are based upon comparisons to previous NDAL statistics.

The data provided by the Department of Justice shows that the 97% of NDAL defendants pleaded guilty, which is largely a result of robust investigations and prosecutorial efforts.  The 706 defendants prosecuted by NDAL’s Criminal Division is the single largest number of defendants ever prosecuted by this office, up 22.8% over FY-2018’s 575, which was previously the largest number of defendants prosecuted in a single year since FY-2007.  The 706 defendants in FY-2019 is also a 73% increase over the 408 defendants prosecuted just three years ago in FY-2016.  The 1281 defendants prosecuted by the Criminal Division in the past two fiscal years, and the 1821 defendants prosecuted by the Criminal Division in the past three fiscal years, accounts for the largest collective number of defendants prosecuted in consecutive years ever recorded in the District.

The number of defendants sentenced to prison in FY-2019 rose 13.7% from 387 defendants in FY-2018 to 440 defendants in FY-2019.

According to the data provided by the Department of Justice, the Northern District of Alabama received more cases from investigative agencies in 2019 than has ever been recorded.  The 800 matters received by NDAL topped the previous record of 786 from 2018.

Criminal Division trials increased 150% in FY2019.  Over 41% of all defendants sentenced to prison received a term of incarceration of more than 5 years.  Nearly 36% of all defendants sentenced to prison received a term of 26-60 months.

Illegal Immigration cases increased by 34% to 63 defendants, the largest number ever recorded in this district.  The defendants charged also represented a 394% increase over those illegal immigration defendants filed just 3 years ago in FY-2016.

Defendants prosecuted for drugs increased by 44.4% to 244 defendants.  The 413 defendants prosecuted for all drugs in FY-2019 and FY-2018 is the largest two year accumulation of drug prosecutions ever recorded.  The percentage of drug defendants sentenced to more than 5 years in federal prison has risen in each of the past three fiscal years by an average of 62.5%.  Approximately 71% of Organized Crime Drug Enforcement Task Force (OCDETF) defendants were sentenced to more than 5 years in federal prison.  This supports our belief that we are prosecuting the most serious drug traffickers.

The Northern District of Alabama has prosecuted five defendants for terrorism or national security offenses in the past two fiscal years.

There were 281 defendants prosecuted for violent crimes in FY-2019, which is the largest number recorded.  The previous record was 259 (FY-2018) which broke the previous record of 239 (FY-2017) which broke the previous record of 224 (FY-2006).

There were 82 cases filed against white collar defendants, which is the highest number since 2014 and an increase of 34.4% over the previous fiscal year.

The Civil Division filed 815 matters in FY-2019, which is a nearly 7% increase. 

There were no appeals decided against the United States for the first time since FY-2015, a credit to the work of the Appellate Division.

Birmingham, Ala. – A federal jury yesterday convicted a man of having a firearm in furtherance of drug distribution in Birmingham, announced U.S. Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.

The jury returned its guilty verdict against Jonathan Moorer, 28, after two days of testimony before U.S. District Judge Abdul Kallon. 

“This guilty verdict confirms that a convicted felon carrying a gun and drugs can only mean harm to the community,” Town said.  “There is no daylight between our federal, state and local law enforcement partners when working to take convicted felons off the street.  Federal bed space in prison is reserved for those who continue to plague our communities with illegal drugs and guns.”

“ATF’s Crime Gun Intelligence partnerships as part of Operation Relentless Pursuit focuses on the devastating impact of firearms violence and works with the entire community to deter poor choices and provide alternatives to resolve disputes,” Watson said.   

Evidence at trial proved that during the investigation of another suspected drug dealer, Moorer, a convicted felon, was found in possession of a quantity of marijuana and a loaded semi-automatic pistol.  The jury found that Moorer possessed the marijuana with intent to distribute.  The jury also found Moorer to be a felon in possession of a firearm and that he possessed the same firearm in conjunction with his drug activity.  

The maximum penalty for being a felon in possession of a firearm is 10 years in prison.  Having a firearm in furtherance of a drug trafficking crime carries a mandatory sentence of 5 years in prison per count, to be served consecutively to any other sentence imposed for the crime.  The charge of possession of marijuana with the intent to distribute carries a maximum sentence of 5 years.

ATF investigated the case along with the Birmingham Police Department, which Assistant U.S Attorneys Bill Simpson and John Camp are prosecuting. 

“All of Alabama is heartbroken again as another Alabama peace officer is gunned down in the line of duty.  The Huntsville Police Department investigator, whose name will be released tomorrow, will always be remembered as a good man and a fine officer. Those of us who knew him admired his dedication and professionalism.  We must now direct our prayers to his grieving family and pull together in full support of the Huntsville Police Department and law enforcement everywhere who lost another brother of the badge tonight. I am beyond grief.”

BIRMINGHAM, Ala. – A federal judge today sentenced the former sheriff of Pickens County to 18 months in prison for wire fraud and filing false tax returns, announced United States Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp, Jr. and IRS-Criminal Investigations Atlanta Field Division Special Agent in Charge Thomas J. Holloman. 

United States District Judge Liles C. Burke sentenced former Pickens County Sheriff DAVID EUGENE ABSTON, of Gordo, on count of wire fraud and one count of filing false tax returns.  Abston pled guilty in June.

“Abston tarnished his office and his badge,” Town said.  “He found out today he isn’t above the law.  Those who believe they are will find themselves in federal prison.”

“While the vast majority of law enforcement officers are honest and work hard to uphold the law, Abston misued his position of trust for personal gain and will now reap the consequences of his actions,” Sharp said.

“The law is clear on the issue of taxable income and who is required to file and pay taxes: there is no gray area on the subject and we hope today’s sentencing sends a message that no person, no matter how powerful, no matter their title, is above the law,” said Holloman. “We should not forget that the ultimate victims in this case are the people of West Alabama– those honest taxpayers who diligently file tax returns each year and pay their fair share of tax.”

According to the plea agreement Abston engaged in a scheme, between 2014 and 2018, to defraud the West Alabama Food Bank, as well as the Highland Baptist Church of Gordo, – where Abston was a member –in order to reduce his jail food expenses and increase the amount of food allowance money he could keep and to filing false tax returns between 2015 and 2016 tax years. 

FBI and IRS Criminal Investigations investigated the case, which Assistant United States Attorneys John B. Ward prosecuted.   

BIRMINGHAM, Ala. – In August the Independent Shooting Review Advisory Council (“ISRAC”) was established to provide guidance to law enforcement when an officer-involved-shooting (“OIS”) demands an independent review, announced U.S. Attorney Jay E. Town.

The ISRAC is an effort between the United States Attorney’s Office and active and/or retired members of law enforcement, to include prosecutors, designed to conduct an OIS at the request of a particular District Attorney (or law enforcement agency).  The ISRAC is a standing advisory council, not an investigative body, that will be activated upon request.  Joining Town are First Assistant United States Attorney Lloyd Peeples, Alabama Attorney General Steve Marshall, Office of Prosecution Services Executive Director Barry Matson, Office of Prosecution Services General Counsel Patrick Lamb, Jefferson County District Attorney’s Office Bessemer Division Assistant District Attorney Lane Tolbert, Tuscaloosa County District Attorney’s Office Chief Assistant District Attorney Paula Hearing, Madison County District Attorney’s Office Chief Trial Attorney Tim Gann, Limestone County District Attorney’s Office Chief Investigator Joshua McLaughlin, Birmingham Police Department Deputy Chief Darnell Davenport, Madison County Sheriff’s Office Chief Deputy Eddie Houk, Snead Police Department Police Chief Stephen Gunn, Florence Police Department Sergeant Greg Cobb, United States Attorney’s Office Law Enforcement Coordinator Lyndon Laster; United States Attorney’s Office Senior Civil Investigator Chester Toney, and FSA Contract Investigator Charles Regan.  Members of the ISRAC from the United States Attorney’s Office will normally not sit on the reviewing team, but will liaise with all of the members and relevant agencies to ensure the smooth operation of the review process.

“The Independent Shooting Review Advisory Council is a service that is provided to law enforcement agencies within the District in order to fully vitiate any concerns about impropriety,” Town said.  “While I am hopeful that the ISRAC is never necessary because no such events occur, a standing body and procedures are in place should it become so.  I have complete confidence in law enforcement agencies conducting their own reviews fairly and impartially, but the ISRAC does provide another layer of impartiality.”

ISRAC Investigation Process:

1. Request for Independent Shooting Review.  If a District Attorney determines, either in his/her own discretion or at the request of the United States Attorney or Alabama Attorney General, that an OIS requires an independent shooting review, the District Attorney may choose to request the services of the ISRAC. The reviewing team will consist of 5-9 members of the Advisory Council.  Those selected will normally be from outside of the area of the requesting agency. Members of the ISRAC from the United States Attorney’s Office will normally not sit on the reviewing team, but will liaise with all of the members and relevant agencies to ensure the smooth operation of the review process. 

1. Conduct of Independent Shooting Review by ISRAC Team.  Once the ISRAC reviewing team is formed, that team shall conduct the OIS in the normal course of such reviews.  The policies of APOST, the relevant agency, and any other applicable policies or laws shall be considered by the ISRAC Team.  The conduct of the shooting review shall be consistent with the guidance provided by the Department of Justice Community Oriented Policing Services (“COPS”) guidance and the Alabama law. 

                   a.  Review all information related to the OIS;

                   b. Review all of the departmental and APOST policies and standards relevant to the OIS;

                   c. Provide officers involved with the opportunity to submit a written or verbal statement to the ISRAC, without waiver of any constitutional or other legal protections to which the officer(s) may be entitled;                                                                                                                                                             

                   d. Provide the Department or agency that employed the officer involved with the opportunity to comment on any applicable policy, procedures or standards.
 

1. OIS Shooting Review Report of Findings by the ISRAC.  The ISRAC Team shall generate a report of findings to the requesting District Attorney detailing the relevant, policies and standards, findings of applicable facts, and then offer succinct conclusions based on applicable policy and legal standards.  The relevant law enforcement agency can, when appropriate, inform the public of the results of the report, while maintaining the integrity and privacy of the shooting review itself.  

The ISRAC is assembled to provide guidance to law enforcement when the situation demands an independent review, not engage in subverting the constitutional or administrative powers conferred to relevant officials or agencies.  This is a service done only for the benefit of law enforcement and the community they serve.

Below is the link to the ISRAC website.

https://www.justice.gov/usao-ndal/independent-shooting-review-advisory-council

BIRMINGHAM, Ala. – A Tuscaloosa County woman who was employed by the Social Security Administration pled guilty today in federal court, announced U.S. Attorney Jay E. Town, Social Security Administration Office of Inspector General, Atlanta Division Special Agent in Charge Rodregas Owens, and United States Secret Service Special Agent in Charge Patrick Davis.

LATANYA HATTER, 46, of Tuscaloosa, Alabama, entered her guilty plea before United States District Judge L. Scott Coogler to charges of wire fraud, theft of government funds, and identity theft. The information was filed in September.

According to Hatter’s plea agreement, Hatter was a Social Security Administration (“SSA”) benefits authorizer in the Birmingham, Alabama field office.  From December 5, 2017, through January 31, 2018, Hatter exceeded her access to SSA databases and made necessary inputs to create fraudulent underpayments for deceased SSA beneficiaries. Hatter then directed the funds to bank accounts to which she had access or to bank accounts belonging to relatives and friends. Hatter created 25 fraudulent underpayments to deceased SSA beneficiaries that totaled $148,428.

“This defendant blatantly abused her position of trust as a Social Security Administration employee, using her access to steal the identities of the deceased and to pocket money for her own personal greed and use,” Town said.  “This outright theft and misuse of funds will not be tolerated and those who continue to operate these type schemes will be prosecuted in federal court.”

“Ms. Hatter’s position with the Social Security Administration (SSA) afforded her the opportunity to put in place a scheme that defrauded not only the United States Government; and the SSA, but also those deceased victims who were unable to speak for themselves,” Davis said.  “Ms. Hatter violated the trust and confidence that had been bestowed upon her.”

“This plea is the result of thorough investigative work indicating this individual abused the public trust in her position with Social Security,” said Owens. “Employee fraud is rare, but Social Security OIG is committed to working with the agency to identify those instances and take decisive action. We appreciate the U.S. Attorney’s support in this important endeavor.”

The maximum penalty for wire fraud is 20 years in prison and a maximum fine of $250,000. The maximum penalty for theft of government funds is 10 years in prison and a maximum fine of $250,000. The maximum penalty for identity theft is 15 years in prison and a maximum fine of $250,000.

The Social Security Administration Office of Inspector General and United States Secret Service investigated the case, which Assistant United States Attorney Catherine Crosby Long is prosecuting.

BIRMINGHAM, Ala. – A federal judge today sentenced a Springville couple involved in a St. Clair County pill mill scheme, announced U.S. Attorney Jay E. Town and Drug Enforcement Administration Special Agent in Charge Brad Byerley and IRS-Criminal Investigations Atlanta Field Office Special Agent in Charge Thomas J. Holloman.  

United States District Judge R. David Proctor sentenced Cindy Louise Hyche Dunn, 54, to 10 years in prison on one count of conspiracy to distribute a controlled substance outside the usual course of professional practice and not for legitimate medical purpose and one count of conspiracy to commit money laundering for purposes of promoting the pill conspiracy.  Her husband, Thomas Mason Dunn, 57, was sentenced to 30 months in prison for the same money laundering conspiracy.  The couple pled guilty in March.

From January 2012 through December 2015, Cindy Dunn ran a pain management clinic in Moody, Alabama operating under the name Cindy Dunn & Dr. Buckingham, M.D., Weight Loss Clinic and Pain Management (CDPM). CDPM was not a legitimate pain clinic. It was a pill mill churning out thousands of prescriptions for opioid painkillers. Thomas Dunn performed financial transactions on behalf of CDPM to further the pill mill scheme. He also received prescriptions for opioid painkillers from CDPM. 

“The opioid crisis remains a significant problem in the country and in the Northern District of Alabama,” Town said. “The Department of Justice is determined to stamp out the operation of illegal pain clinics by all means as a part of the fight against opioid abuse, and the Northern District of Alabama is fully committed to the fight.  The defendants will now serve time in a federal prison for their crime, and they will be joined shortly by those like them.”

“The drug-addiction epidemic is growing and is a significant problem across the country, including here in Alabama,” Byerley said.  “DEA is committed to bringing to justice those who engage in the dispensing of prescription drugs outside the course of a legitimate medical purpose.  The defendants in this case preyed upon those addicted to prescription drugs in order to line their own pockets.  The sentences handed down are a direct result of the hard work put forth by all law enforcement agencies involved.  Today justice has been served. 

“Today's sentencings are just another step by law enforcement to stand up to the threat of pill mill operations who flood our streets with dangerous substances. This investigation is just a small piece of the puzzle in the ongoing fight against the opioid crisis," Holloman said. "Our communities have been ravaged by the steady influx of illegal prescribed controlled substances. IRS-CI will continue to work with our law enforcement partners in an effort to dismantle pill mill operations, by following the money and leveraging our resources."

The DEA and IRS-CI investigated the case, which Assistant U.S. Attorneys Mohammad Khatib and Robin Beardsley Mark prosecuted.

BIRMINGHAM, Ala. – A Huntsville man pled guilty today to possession of a large collection of child pornography, announced U.S. Attorney Jay E. Town and Homeland Security Investigations (HSI) Assistant Special Agent in Charge James G. Hernandez.

A one-count information filed in U.S. District Court charges Ryan Thomas Carver, 29,  with possession of child pornography, including images of prepubescent children, bondage, and bestiality. According to the plea agreement, an investigation by HSI recovered records showing that Carver paid Bitcoin, a virtual currency, and used the dark web to access a website used for the distribution of child pornography. Based on this information, federal investigators executed a federal search warrant at the Carver’s home in Huntsville, Alabama on March 5, 2018. Analysis of the items found in Carver’s possession at the time discovered a total of 180 identified series of child pornography meeting the federal definition, including 3,102 identified photos of child pornography, 162 identified videos of child pornography, and 45 identified victims.

He is scheduled for sentencing on March 13, 2020. 

“Criminals who victimize our children through digital pixels, videos, or photos should expect a visit from federal law enforcement,” Town said. “It’s not a question of if, but when.  And when we find you we will prosecute you and you will go to federal prison.” 

“HSI and its law enforcement partners are committed to protecting those among us that are the most vulnerable,” said James Hernandez, Assistant Special Agent in Charge for Alabama.  “HSI uses all of the tools and technology available to ensure that criminals find no refuge in the Darknet.”

The investigation that ensnared Carver was part of an international investigation into Welcome To Video, the largest child sexual exploitation Darknet marketplace by volume of content, that authorities seized in March 2018 in an operation spanning three continents. Authorities seized approximately eight terabytes of child sexual exploitation videos, one of the largest seizures of its kind. The authorities have shared data about the site’s users with law enforcement agencies throughout the world.

The Darknet site had users across the United States and throughout the world, including at least 53 individuals in the United States. According to a press release by the Department of Justice, the site provided child sexual exploitation videos to users in Alabama, Arkansas, California, Connecticut, Florida, Georgia, Kansas, Louisiana, Maryland, Massachusetts, Nebraska, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington State and Washington, D.C., as well as the United Kingdom, South Korea, Germany, Saudi Arabia, the United Arab Emirates, the Czech Republic, Canada, Ireland, Spain, Brazil, and Australia who have now been arrested and charged.

The maximum penalty for possession of child pornography is 20 years of imprisonment, a fine of $250,000, or both.

HSI investigated the case, which Assistant U.S. Attorney Jonathan S. Keim is prosecuting, with assistance from the U.S. Attorney’s Office for the District of Columbia.

BIRMINGHAM, Ala. -- Federal and local law enforcement today arrested 14 defendants indicted in November as part of a multi-million dollar continuing criminal enterprise and conspiracy to distribute heroin, fentanyl, cocaine, methamphetamine, and marijuana, mainly within western Jefferson County, announced U.S. Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp, Jr., IRS-CID Special Agent in Charge Thomas J. Holloman, III, HSI Atlanta Acting Special Agent in Charge Robert Hammer, Bessemer Police Chief Michael Roper and Jefferson County Sheriff Mark Pettway.

Today's arrests brings to justice 14 people as a result of the three-year Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation into a West Jefferson County based drug-trafficking enterprise and conspiracy in a 58-count superseding indictment, which identified acts by the organization over a period of six years.  The OCDETF agencies involved in this investigation are the FBI, IRS-CID, HSI, member agencies of the FBI North Alabama Safe Streets Task Force, the Jefferson County Sheriff’s Department, and Bessemer Police Department.

The man accused as the leader of the organization, ROLANDO ANTUAIN WILLIAMSON, 34, aka “Baldhead” and “Ball Head,” was already in custody and charged with the original federal indictment for possessing with intent to distribute a large quantity of heroin, methamphetamine, marijuana and firearms on Aug. 22, 2019.  The North Alabama Safe Streets Task Force arrested an armed WILLIAMSON the morning of Aug. 22nd in the parking lot of the Publix grocery store located at 411 Green Springs Highway, Homewood, Alabama. WILLIAMSON was driving a 2016 Dodge Hellcat valued at $80,000 that was purchased with laundered money. At the time of arrest, WILLIAMSON possessed two loaded pistols (with additional loaded magazines) and almost $14,000 in cash. 

Seized on that day from WILLIAMSON and three of his stash houses, were 366 grams of heroin/fentanyl, 109 grams of suspected cocaine, 573 grams of pure methamphetamine, and 52 kilos of marijuana. Found with the drugs was over $97,000 in cash, an arsenal of firearms, and ammunition.

"Today, a group of federal and local law enforcement officers dismantled a drug-trafficking operation charged with peddling the poison of methamphetamine, heroin, cocaine and marijuana onto the streets of our city,” Town said. “Much of the heroin was laced with the deadly drug fentanyl.  This indictment represents years of dedicated work by the FBI, IRS-CID, HSI, Bessemer Police Department, the North Alabama Safe Streets Task Force, and prosecutors in my office.

"As a direct result of this enforcement action, the supply network for heroin/fentanyl, cocaine, methamphetamine, and marijuana in Bessemer and other areas of Jefferson County has been severely disrupted," Sharp said. "I applaud the hard work and teamwork exhibited by my agents, along with our partners of OCDETF- IRS-CI, HSI, Bessemer Police Department, and the member agencies of the North Alabama Safe Streets Task Force, who once again demonstrated the importance of combining the strengths, resources and expertise of federal and local agencies to fight these drug-trafficking networks.”

“HSI is committed to working with our law enforcement partners to remove criminals and dangerous drugs from our communities,” said Robert Hammer, acting Special Agent in Charge of HSI Atlanta. “These people will be held accountable for threating public safety with their poison.”

WILLIAMSON is charged with the “Kingpin Statute,” a count of continuing criminal enterprise, a serious charge reserved for principal orchestrators who obtain substantial income or resources from drug trafficking enterprises involving several persons and substantial amounts of drugs.  If convicted, WILLIAMSON will spend the rest of his life in prison.

According to the indictment, 18 people are charged with conspiracy to distribute heroin/fentanyl, methamphetamine, cocaine, and marijuana between March 2013 and August 2019.  In addition to Williamson, those defendants are LEANTHONY MARTEZ GILLINS, 32, also known as “Fat Man,” SIRTERRIOUS ARZAVIA LEE, 32, also known as “Sir,” ERRICK DIONN DANIEL, 34, also known as “E,” ANTONIUS TREKELLE HAYES, 30, ADRIEN HIRAM TAYLOR, 31, also known as “Slim,” KLONDE DELVIUM HATTER, 24, KENNETH RENELL JOHNSON, JR., 33, ISHMYWEL CALID GREGORY, 35, also known as “C,” ISAAC RASHAD ROBINSON, 30, also known as “Ike, CHRISTOPHER ALLEN COOK, 31, KYLER DESHARD HATTER, 23, JANAYA LENISE BIBB, 34, DARIUS LAMAR JOHNSON, 36, also known as “Murc,” TEVION RASHAD POOLE, 27, HENDARIUS LAMAR ARCHIE, 33, also known as “Hen,” and YOLANDA MILTON, 48. 

The indictment separates defendants by the amount and type of drug attributable to them through their actions in the drug-trafficking conspiracy.

WILLIAMSON, GILLINS, D.L. JOHNSON, DANIEL, LEE, ARCHIE HAYES, TAYLOR, and THOMAS, 1,000 grams or more of heroin, 10 years to life;

WILLIAMSON, GILLINS, D.L. JOHNSON, DANIEL, LEE, ARCHIE, HAYES, and GREGORY, 5 kilos or more of cocaine, 10 years to life;

WILLIAMSON, GREGORY, ROBINSON, Klonde HATTER, Kyler HATTER, BIBB, TAYLOR, and K.R. JOHNSON, Jr. fifty grams or more of methamphetamine, 10 years to life;

POOLE, BIBB, K.R. JOHNSON, Jr., and Kyler HATTER, 100 grams or more of heroin; 5 years to 40 years;

WILLIAMSON, GILLINS, POOLE, DANIEL, LEE, ARCHIE, THOMAS ROBINSON, and COOK, 100 kilos or more of marijuana; 5 years to 40 years.

The superseding indictment charges the additional crimes with accompanying imprisonment ranges: 

WILLIAMSON is charged with carrying, using and possessing firearms during and furthering his drug trafficking crimes; imprisonment for not less than 5 years nor more than life.

GILLINS, LEE, and DANIEL are charged with possessing with intent to distribute cocaine and marijuana; imprisonment for not more than 20 years. 

HAYES is charged with distributing heroin; imprisonment for not more than 20 years.

TAYLOR and Klonde HATTER are charged with distributing methamphetamine; imprisonment 10 years to life.

GREGORY is charged with distributing cocaine; imprisonment for not more than 20 years.

ROBINSON is charged with possessing with the intent to distribute methamphetamine; imprisonment for 10 years to life.  

COOK is charged with distributing marijuana and possessing a firearm in furtherance of his drug trafficking; imprisonment for 5 years to life.

The indictment includes forty counts of telephone communications among most of the defendants facilitating the drug trafficking enterprise.

The indictment charges WILLIAMSON and YOLANDA MILTON with money laundering.

The indictment seeks forfeiture of $10,000,000 in profits, all vehicles with equitable value, almost $20,000 in jewelry, all firearms and ammunition used to facilitate the drug trafficking enterprise.

The minimum prison penalty for possessing a firearm in furtherance of a drug-trafficking crime is five years in prison, which must be served after completion of any other sentenced related to the crime.  The maximum penalty for being a convicted felon in possession of a firearm is 10 years in prison.   

Each count of using a telephone in furtherance of a drug-trafficking crime carries a maximum penalty of four years in prison.

            The FBI, the IRS-CID, HSI, FBI’s North Alabama Safe Streets Task Force, and the Bessemer Police Department investigated the case, which Assistant U.S. Attorneys Jonathan S. Cross and Gregory R. Dimler are prosecuting.

            An indictment contains only charges.  Defendants are presumed innocent unless and until proven guilty.

Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.

Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.

“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”

“Removing illegal guns, those who use them illegally, from the streets of the Northern District of Alabama remains among our highest priorities,” Town said.  “Project Guardian provides a vital platform for federal, state and local law enforcement to focus on violent individuals for prosecution in the forum where the sanction is the highest, remove them to federal prison where there is no comfort in parole, and then return our communities back to their rightful owners…the law abiding citizens.”

“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.” 

“ATF Special Agent in Charge, Marcus Watson stated, “ATF is committed to enhancing a positive community environment combined with directed enforcement of the federal firearms laws as part of the Project Guardian initiative to reduce gun related crimes.”

Project Guardian’s implementation is based on five principles:

1. Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
    
2. Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
    
   Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
    
3. Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
    
4. Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety. 
    
   Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
    
5. Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.

Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.  

BIRMINGHAM, Ala. – A federal judge today sentenced a Birmingham man to 121 months in prison for possessing nearly half a kilogram of the highly addictive and extremely potent opioid fentanyl with the intent to distribute, announced United States Attorney Jay E. Town and Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris.

United States District Judge R. David Proctor sentenced BOB COTCHERY, III, 48, to just over ten years in prison on one count of possession with the intent to distribute over 400 grams of fentanyl.

“Another peddler of this deadly poison has been removed from the streets of the Northern District of Alabama,” Town said.  “This sentence sends a clear message that the death and destruction of those who want to introduce fentanyl into my District will be met with the full force of the Department of Justice and federal prison beds are reserved for all them, this one for over a decade.” 

“Thanks to the great work by the Birmingham Police Department, DEA was able to assist in bringing yet another drug dealer to justice,” Morris said.  “Armed with enough fentanyl to kill tens of thousands of people, Cotchery recklessly endangered innocent citizens in our community.  DEA, BPD and the United States Attorney’s Office will not tolerate those who sell poison and wreak havoc in our communities.  We will protect your families and send those who sell death and addiction to prison.”

At the conclusion of a two-day trial, Cotchery was found guilty by a federal jury on May 2, 2019, of one count of possession with the intent to distribute over 400 grams of fentanyl.  Evidence at trial showed that on the evening of December 14, 2017, Birmingham police officers on routine patrol in the Norwood area of Birmingham attempted to stop Cotchery for a traffic violation.  Seeing police, Cotchery bailed out of his moving car and fled.  Officers gave chase into a dark alley where they saw Cotchery crouch down near a car just before he was taken into custody.  Under the car near where Cotchery bent down, officers recovered a Ziploc plastic bag, which was later determined to contain 494 grams of fentanyl. 

The DEA and Birmingham Police Department investigated the case.  Assistant U.S. Attorneys Gregory R. Dimler and Mohammad Khatib prosecuted the case. 

BIRMINGHAM, Ala. – A federal judge today sentenced an Athens man to 57 months in prison for being a felon in possession of a firearm, announced United States Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson. 

United States District Judge R. David Proctor sentenced KEVAUN ROOSEVELT TURNER, 28, for being a felon in possession of a pistol, stemming from an incident where he shot someone after a verbal argument.  The case was adopted by the United States Attorney’s Office for the Northern District of Alabama as part of their Prosecutor-to-Prosecutor Program, or P3, wherein local district attorney’s offices submit cases for review and prosecution for federal rather than state offenses. 

    “This felon has been a suspect or charged in other violent crimes where witness and victim cooperation too often waned, making state prosecution nearly impossible”, Town said.  “This is why the phalanx formed by local, state, and federal law enforcement and prosecutors is moving the needle to reduce violent crime.  Our Prosecutor-to-Prosecutor Program is working.  Our PSN initiatives are working. When the alpha criminals think they might walk free, they are just turning into another net.  This time a federal net.  And this time, 57 months in a federal prison, where there is no sanctuary of parole.”

“Protecting the public by the removal of the criminal element that commits acts of violence with a firearm was the result of the combined efforts by ATF, Athens Police Department and the U.S. Attorney’s Office,” Watson said. 

ATF investigated the case along with the Athens Police Department, which Assistant U.S. Attorney Robert Becher, Sr. prosecuted. 

###

BIRMINGHAM, Ala. – A Walker County man who was selling methamphetamine out of his Nauvoo, Alabama business was sentenced on October 24th, announced U.S. Attorney Jay E. Town and Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris.

U.S. District Judge L. Scott Coogler sentenced THOMAS SCOTT NIX, 54, Nauvoo, to 151 months in prison for dealing in methamphetamine.   Nix pled guilty to 4 counts of distribution of methamphetamine in April. 

“Methamphetamine is a powerful and highly addictive substance that continues to plague our communities, leaving nothing behind but tragedy, violence, and addiction in its wake,” Town said.  “Those who sell this poison destroy the user and their families.   The idea that selling drugs is a victimless crime is a fiction.  This sentence proves it is not a minor crime as well.”

“Methamphetamine continues to devastate communities across Alabama,” Morris said.  “Today’s sentencing is a reminder to both drug dealers who sell these highly addictive drugs and the families they try to destroy.  DEA will not tolerate drug dealers like Thomas Nix and there is no limit to our pursuit in bringing you to justice.  To the great citizens of Walker county and all communities across Alabama, DEA stands with you.  You are not alone in this fight.”

Nix was arrested following an investigation of methamphetamine distribution in the Walker County area in the spring of 2018.  During the investigation law enforcement learned Nix was routinely selling out of the shop on his property.    

DEA, along with the Alabama Drug Task Force and the Jasper Police Department Narcotics Division investigated the case, which Assistant United States Attorney Jonathan Cross prosecuted.

BIRMINGHAM, Ala. – A federal grand jury today indicted a Hamilton resident for failure to register as a sex offender, failure to appear, aggravated identity theft, and bank fraud, all while on release from federal custody, announced U.S. Attorney Jay E. Town and the U.S. Marshal Martin Keely. 

A five-count indictment filed in U.S. District Court charges SHANNON LESTER SORRELLS, 40, of Hamilton, with multiple felony offenses committed from June 6, 2019 until September 5, 2019. According to the indictment, Sorrells was convicted on March 14, 2001 of unlawful sexual intercourse with a minor and employment or use of a minor in production of pornography, both under the California Penal Code. From June 12, 2019 to September 5, 2019, while he was on release from federal custody, Sorrells allegedly failed to register and to update his a sex offender registration as required by the Sexual Offender Registration and Notification Act (SORNA). During that time, according to the indictment, Sorrells also failed to surrender for service of a sentence ordered by U.S. District Judge L. Scott Coogler and committed aggravated identity theft and bank fraud.

“Sexual assault of an innocent child is despicable,” Town said.  “Every community deserves to know who has harmed a child. And committing a federal offense while on bond can add 10 years to your prison sentence.”

The maximum penalty for failure to register as a sex offender while on release is 20 years in prison, a $250,000 fine, and no less than five years of supervised release. The maximum penalty for failure to appear while on release is 20 years in prison, a $250,000 fine, and no more than three years of supervised release. The maximum penalty for aggravated identity theft while on release is 12 years in prison, a $250,000 fine, and no more than three years of supervised release. The maximum penalty for bank fraud while on release is 40 years in prison, a $1,000,000 fine, and supervised release of no more than five years.

The U.S. Marshals Service investigated the case, which Assistant U.S. Attorney Jonathan S. Keim is prosecuting.

An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.

TUSCALOOSA, Ala. – A federal jury today convicted the getaway driver of aiding and abetting in two armed robberies in Tuscaloosa, announced U.S. Attorney Jay E. Town and Bureau of Alcohol Tobacco and Firearms Special Agent in Charge Marcus Watson.

The jury returned its guilty verdict against JEMARKUS VONSHA THOMPSON, 25, of York, Ala., after three days of testimony before U.S. District Judge L. Scott Coogler.  The jury found Thompson guilty of two counts of Hobbs Act Robbery and two counts of carrying and brandishing a firearm during and in relation to a violent crime. 

“Thompson has been brought to justice and potentially faces decades in a federal prison,” Town said.  “These crimes are far too prevalent in the Northern District and thus our local, state and federal law enforcement agencies will remain the phalanx to not only police violent crime, but defeat it.”

“Reducing the potential for violent crime in this case was critical due to ATF partnering with our state, local and federal partners,” Watson said.  “ATF’s Crime Gun Intelligence leverages technology to reduce violent firearms related crimes.”

“The Tuscaloosa Police Department has a good working relationship with the ATF and the US Attorney’s Office in cases such as these involving violent gun crimes, and we are glad to partner with them,” said Captain Brad Mason, Tuscaloosa Police Department.  “We appreciate the work the ATF and the US Attorney’s Office put into this case, and we know that convicting criminals who perpetrate violent gun crimes will help make our streets safer.” 

Evidence at trial proved that on November 26, 2017, Thompson was the driver of the suspect vehicle used to rob the Quick Stop Tobacco and Snack, and Subway in Tuscaloosa, on Old Greensboro Road.  Testimony showed that the two co-defendants robbed the two stores at gun point using an assault style rifle, while Thompson remained in the vehicle.  Cell phone tower information placed Thompson at the scene of both crimes.  Thompson and the two co-defendants were stopped by Tuscaloosa police minutes after the robberies, where evidence of both crimes were found in their possession, including money, receipts, and the firearms. 

The maximum penalty for Hobbs Act Robbery is 20 years in prison.  Carrying and brandishing a firearm during a crime of violence carries a mandatory sentence of 7 years in prison per count, to be served consecutively to any other sentence imposed for the crime. 

ATF investigated the case along with the Tuscaloosa Police Department, which Assistant U.S Attorney Brad Felton and Allison Garnett are prosecuting. 

BIRMINGHAM, Ala. – A federal judge today sentenced a Birmingham woman for embezzling over $680,000 from her former employer, announced U.S. Attorney Jay E. Town and U.S. Secret Service Special Agent in Charge Patrick Davis.

U.S. District Judge Annemarie Axon sentenced CINDY MADISON, 55, to 33 months in prison for wire fraud.  Madison pled guilty in May to one count of wire fraud.

“This defendant abused the trust of her employer,” Town said.  “This sentence is a strong clear message that abuse of trust and misuse of funds will result in federal incarceration.”

“By virtue of her position and available access to sensitive information, and the corporate accounts, Ms. Madison violated the trust that had been bestowed upon her by her employer,” Davis said.  “Although Ms. Madison was a tenured employee, this case highlights the fact that greed can overtake anyone.”

According to the plea agreement, between January 2007 and November 2017, Madison worked for GW Systems as the head of Payroll Administration.  As the Payroll Administrator, Madison had access to corporate bank accounts and checks for GW Systems and Liberty Construction Services, as well as to the signature stamp used to sign checks in the name of the owner.  Liberty Construction Services, LLC is a company owned by GW Systems.  Madison was authorized to use the signature stamp for business purposes only.  Between April 2016 and November 2017, Madison used the stamp to create unauthorized checks payable to herself and her husband, and deposited them into her personal bank account in the amount of $683,475.85.  

U.S. Secret Service investigated the cases, which Assistant U.S. Attorney Robin Beardsley Mark prosecuted. 

BIRMINGHAM, Ala. – A six-count superseding indictment filed in U.S. District Court today charges DR. RONALD TAI YOUNG MOON, JR., of Vestavia Hills, with additional counts of producing and possessing child pornography, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp, Jr.  Moon is a physical medicine doctor who practices at a clinic called The Industrial Athlete in Birmingham.  In June, Moon was indicted on one count of producing child pornography between 2007 and 2010, and one count of possessing child pornography in January of this year.  The superseding indictment adds three production counts, including two for producing child pornography in the 1990s, and one for producing child pornography in the early 2000s.  The superseding indictment also adds another charge for possessing child pornography in January 2019.

Each count of production of child pornography carries a penalty of 15 to 30 years in prison, and a maximum $250,000 fine.  The maximum penalty for each count of possession of child pornography is 20 years in prison and a $250,000 fine.

BIRMINGHAM, Ala. – A federal judge today sentenced a Shelby County man on a charge of failure to register as a sex offender, announced Northern District of Alabama United States Attorney Jay E.  Town and United States Marshal Martin Keely.

United States District Judge Abdul K. Kallon sentenced RICKY DION ODOM, 47, of Shelby County, to 24 months incarceration for failure to register as a sex offender to run consecutive to Odom’s probation revocation in Louisiana.  Odom pled guilty in July 2019. 

“Failure to register as a sex offender is not only a matter of public safety, but it is our primary mechanism by which every member of the community can learn of sex offenders living among us.,” Town said.   “Sex offenders who flee to another state, and violate the law by not registering will be caught, will be prosecuted, and will face incarceration.  My office will continue to put the safety of children at the forefront, now more than ever.”

According to court documents, Odom is required to register under the Sex Offender Registration and Notification Act (SORNA).  On or about November 1, 2018 and continuing until on or about February 4, 2019, Odom traveled from the State of Louisiana to the State of Alabama and knowingly failed to register as required by SORNA.

In addition to the term of imprisonment imposed, Odom was ordered to serve five years of supervised release.

United States Marshal Service for the Northern District of Alabama, Middle District of Alabama, Eastern District of Louisiana, Northern District of Florida, and Gulf Coast Regional Fugitive Task Force investigated the case along with the assistance of St. Tammany Parish (LA) Sheriff’s Office, Okaloosa County (FL) Sheriff’s Office, Jackson County (AL) Sheriff’s Office, Shelby County (AL) Sheriff’s Office, and the Alabama Department of Conservation and Natural Resources, which Assistant United States Attorney R. Leann White prosecuted. 

BIRMINGHAM – A federal judge today sentenced a Jefferson County man for engaging in a wire fraud scheme, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp, Jr.

U.S. District Judge Karon O. Bowdre sentenced JEFFREY RUSERT, 52, to 41 months in prison for embezzlement of over $1.3 million from his customers.  Rusert pled guilty in June.

“Rusert abused the responsibility entrusted to him by those wanting the American dream of owning their own home, but now he will pay the price for stealing $1.3 million,” Town said.  “He chose to feed his own greed and lifestyle.  He will now feed on federal prison food for the next 41 months.”

“Rusert’s desire to have more than he honestly worked for drove him to steal the hard earned money of others.” Sharp said.  “Today, this sentence ensures that he pays the price for his greed.”

According to the Information, Rusert was the owner and President of Southern Craftsman Custom Homes, Inc.  Southern Craftsman was engaged in the business of residential homebuilding.  Between 2016 and 2018, Rusert engaged in a fraudulent scheme to obtain money from at least sixteen known individuals and/or families.  Rusert solicited individuals and families to sign a contract and pay money to Southern Craftsman for the construction of a custom home.  Rusert accepted the checks and down payments from numerous individuals and families and fraudulently used the proceeds on unrelated construction projects, outstanding debt and personal expenses.  In addition to obtaining personal checks from the victims, Rusert assisted individuals and families with obtaining a loan to finance the construction of their custom home.  After obtaining financing, Rusert, submitted false and fraudulent invoices and documentation to financial institutions for the purpose of obtaining checks or draws from the construction loans purportedly to pay for materials, labor and expenses associated with a particular home under construction.  Rusert failed to use and apply the money obtained from the financial institutions towards the construction of the customer’s home project.  

In addition to the term of imprisonment imposed, Rusert was ordered to serve three years of supervised release.

The FBI investigated the case with assistance from the Alabama Home Builders Licensure Board, which Assistant U.S. Attorney Robin Beardsley Mark is prosecuted.

BIRMINGHAM –A federal judge today sentenced a Talladega man to 41months in prison for making a straw purchase of two firearms, announced U.S. Attorney Jay E. Town and Special Agent in Charge Marcus Watson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

U.S. District Judge L. Scott Coogler sentenced DEQURIOUS ONEAL GARRETT, 24, on two counts of making false or fictitious statements to purchase firearms.   Garrett pled guilty in July to lying on the Bureau of Alcohol, Tobacco and Firearms, and Explosives background-check forms at the time he purchased two guns.  Garrett indicated on the forms that he was buying the guns for himself when, in reality, he was buying them for someone else, according to court documents. 

“The defendant used his status as a pistol-permit holder to illegally purchase firearms for someone who should never have had them,” said Town.  “Straw purchasers endanger our communities and undermine the perception and rights of lawful gun owners.”

“ATF is committed to reducing violent crime which includes focusing on those who intentionally lie in order to obtain firearms,” Watson said.

ATF investigated the case, along with the Talladega County Drug Task Force, which Assistant United States Attorneys Melissa K. Atwood and Catherine C. Long prosecuted.

This case are part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The program was reinvigorated 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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BIRMINGHAM – A Crane Hill husband and wife were sentenced to 20 months collectively in prison today for failing to pay over payroll taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Jay E. Town for the Northern District of Alabama and Internal Revenue Service Criminal Investigation Special Agent in Charge Thomas J. Holloman.

U.S. District Judge Liles C. Burke sentenced WALTER MICHAEL WILLIAMS to 13 months in prison and AMY BUTLER WILLIAMS to 7 months in prison for failing to pay over payroll taxes.  According to court documents and information provided to the court, Walter Michael Williams and Amy Butler Williams operated Dixie Steel Erectors (DSE), a commercial construction business in Hanceville, Alabama. Walter Michael Williams, president and owner of DSE, and Amy Williams, bookkeeper and office manager of DSE, were responsible for withholding and paying over DSE’s payroll taxes. During 2012 and 2013, DSE accrued payroll tax liabilities and the Williamses withheld those taxes from the pay of the business’s employees, but willfully failed to pay over the withheld amounts to the Internal Revenue Service (IRS). Instead, the Williamses caused DSE to pay for a number of their personal expenses, including mortgages, alimony, and football season tickets. The Williamses also failed to file personal tax returns, and failed to file corporate tax returns for DSE.

“Employers who lead their employees to believe that they are properly paying their taxes, but instead pocket that money for their own greed and personal use, are not above the law,” Town said. “The imposition of prison sentences in these cases show that the Justice Department remains steadfast in its commitment to seek equal justice under the law, and that access to power and wealth will not protect white collar criminals from the bars of a federal prison.”

In addition to the term of imprisonment imposed, the Williamses were ordered to serve three years of supervised release and to pay restitution in the amount of $502,683.23 to the IRS.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Town commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant United States Attorneys Allison Garnett and Melissa Atwood, who are prosecuting the case

A Crane Hill, Alabama, husband and wife were sentenced to 20 months collectively in prison yesterday for failing to pay over payroll taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Jay E. Town for the Northern District of Alabama.

U.S. District Judge Liles C. Burke sentenced Walter Michael Williams to 13 months in prison and Amy Butler Williams to seven months in prison for failing to pay over payroll taxes.  According to court documents and information provided to the court, Walter Michael Williams and Amy Butler Williams operated Dixie Steel Erectors (DSE), a commercial construction business in Hanceville, Alabama. Walter Michael Williams, DSE’s president and owner, and Amy Williams, DSE’s bookkeeper and office manager, were responsible for withholding and paying over DSE’s payroll taxes. During 2012 and 2013, DSE accrued payroll tax liabilities and the Williamses withheld those taxes from the pay of the business’s employees, but willfully failed to pay the withheld funds to the Internal Revenue Service (IRS). Instead, the Williamses caused DSE to pay for a number of their personal expenses, including mortgages, alimony, and football season tickets. The Williamses also failed to file personal tax returns, and failed to file corporate tax returns for DSE. 

In addition to the term of imprisonment imposed, the Williamses were each ordered to serve three years of supervised release and to pay restitution in the amount of $502,683.23 to the IRS.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Town commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant United States Attorneys Allison Garnett (formerly of the Tax Division) and Melissa Atwood, who are prosecuting the case.

BIRMINGHAM – Saturday is the Drug Enforcement Administration’s 18th National Prescription Drug Take Back Day, announced U.S. Attorney Jay E. Town.

“Most of us have a loaded gun with a hair-trigger with no safety in our medicine cabinets in our homes…and most of us don’t even realize it,” Town said. “Let’s do our part to protect our loved ones by getting rid of those prescription drugs in our possession that we no longer need.  Not only does this make us all safer, it raises awareness to the dangers of prescription drug abuse, opioid addiction, and shines a bright light on the new threat of counterfeit pills hitting the streets.”

Now in its tenth year, DEA has collected a total of more than 11 million pounds (almost 6,000 tons) of expired, unused and unwanted prescription medications through its Take Back Day events.  As of October 21, more than 5,250 collection sites manned by more than 4,500 registered law enforcement partners will be open from 10:00 a.m. to 2 p.m. local time.  The public can find a nearby collection site at www.DEATakeBack.com or by calling 800-882-9539. This service is free and anonymous. 

For the first time, DEA will now accept vaping devices and cartridges – in addition to tablets, capsules, patches and other medications in solid forms – at any of its drop off locations. DEA is doing all it can to help dispose safely of vaping devices and liquids to get these products off our street and out of the hands of children.  It is important to note that DEA cannot accept devices containing lithium ion batteries.  If  batteries cannot be removed prior to drop-off, DEA encourages individuals to consult with stores that recycle lithium ion batteries. 

The National Prescription Drug Take Back Day Initiative addresses a vital public safety and public health issue.  Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse.  The rate of prescription drug abuse in the United States is alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. 

National Take Back Day has received robust public support since its inception in 2010. Last April, the public turned in 469 tons (937,443pounds) of prescription drugs at more than 6,258 sites operated by the DEA and its 4,969 local and tribal partners.  

For more information about the dangers of drugs please visit DEA’s websites at www.JustThinkTwice.com, www.GetSmartAboutDrugs.com and www.dea.gov

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HUNTSVILLE – Federal agents yesterday arrested a former Madison County man on various charges of child exploitation involving multiple victims, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp, Jr. 

A 16-count indictment filed in the U.S. District Court charges JUSTIN DAVID BEATTY, 29, with production of child pornography, receipt of child pornography, and coercion and enticement of a minor between March 2013 and August 2014.  Beatty was indicted in September. 

“These crimes are detestable and our investigators and prosecutors will remain ever vigilant in protecting victims,” Town said.  “He now faces federal charges in federal court, and if convicted will occupy bed space reserved for him in federal a prison.”

According indictment, Beatty persuaded, induced and coerced 5 minor victims to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct and to engage in sexual activity for which any person could be charged with an offense.  Beatty received and attempted to receive child pornography and material that contains child pornography involving 6 minor victims.

Beatty is charged with 5 counts of production of child pornography which carries a maximum penalty of 30 years in prison and 5 counts of coercion and enticement of a minor which carries a maximum penalty of life in prison.  Beatty is also charged with 6 counts of receipt of child pornography which carries a maximum penalty of 20 years in prison.

FBI Huntsville Resident Agency and FBI Birmingham Division Child Exploitation Task Force, along with the City of Madison Police Department investigated the case, which Assistant U.S. Attorney R. Leann White is prosecuting.

An indictment contains only charges.  Defendants are presumed innocent unless and until proven guilty.

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BIRMINGHAM -- A federal jury convicted a Bessemer man, of being a felon in possession of a firearm, announced United States Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.

The jury returned its guilty verdict against ANTONIO DEMETRIUS ROGERS, 45, on October 16, 2019, after a single day of testimony before U.S. District Judge L. Scott Coogler.  His sentencing date has not yet been set. 

“Felons who possess firearms pose a threat to the safety and security of our community,” Town said.  “It continues to be among my highest priorities to remove trigger pullers and felons with guns to federal court and federal prison.  We have an abundance of bed-space complimented by an absence of parole.”

“ATF’s Crime Gun Intelligence Centers are the driving force to reduce the violent crime that plagues our neighborhoods. This sentencing illustrate the effective partnerships with law enforcement and the community,” Watson said.

Evidence at trial showed that the Gulf Coast Regional Fugitive Task Force (GCRFTF) sought Rogers on a federal arrest warrant in August 2018.  Agents with the GCRFTF went to two houses in Bessemer simultaneously the morning of August 23, 2018.  One of the occupants of the house, where Rogers was located, answered the door and told law enforcement officers that Rogers was inside.  After getting the other occupants out of the house, agents continued to call out to Rogers, telling him the police were there with an arrest warrant, and that he should come out.  Rogers did not come out until an investigator broke the window of the back bedroom and saw Rogers.  Rogers was then taken into custody.  A deputy U.S. Marshal found a loaded revolver on the floor of the bedroom that Rogers had been in, and confirmed with the investigator, who broke the window, that Rogers had been standing where the revolver was found.

The maximum penalty for being a felon in possession of a firearm is ten years in prison. 

Rogers has prior felony convictions for receiving stolen property, first degree; escape, first degree; and manslaughter. 

ATF investigated the case, which was prosecuted by Assistant United States Attorneys John Geer and Brittney Bucak.

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BIRMINGHAM – To close the 2019 Fiscal Year, the United States Department of Justice awarded twenty grants, amounting to nearly seven million dollars to support public safety and crime fighting initiatives throughout the Northern District of Alabama, announced U.S. Attorney Jay E. Town. Nine north Alabama counties (Calhoun, Cullman, DeKalb, Etowah, Jefferson, Lauderdale, Madison, St. Clair, and Tuscaloosa) will receive funding to enhance public safety services through various Department of Justice grants.

“The Department of Justice has again demonstrated its commitment to Alabama by providing much needed resources to local law enforcement and community partners in order to fight crime, reduce recidivism, and support the recovery of victims of crime,” Town said. “The harm that violent and drug crimes cause our communities, both urban and rural, is profound. This support will assist our local partners in remedying some of that damage by delivering justice to both victims and perpetrators.”

Eight cities (Anniston, Bessemer, Birmingham, Decatur, Florence, Gadsden, Huntsville, and Tuscaloosa) alongside DeKalb and St. Clair counties are receiving funding through the Office of Justice Programs’ Bureau of Justice Assistance (BJA) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Under the JAG program, the cities will receive a total amount of $1,534,680 to support a broad range of activities to prevent and control crime based for their own state and local needs and conditions.  JAG funds will be used to support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces, to crime prevention and domestic violence programs, courts, corrections, treatment, justice information enforcement, and programs aimed at reducing crime and/or enhancing public/officer safety.

The Jefferson County District Attorney’s Office is receiving funding through the Office of Justice of Programs’ Bureau of Justice Assistance and BJA’s National Sexual Assault Kit Initiative (SAKI) grant program. Under the SAKI grant, the District Attorney’s Office will receive $876,804 to support the Department’s criminal justice priorities of reducing violent crime and supporting law enforcement officers and prosecutors by providing jurisdictions with resources to address sexual assault kits (SAKs) in their custody that have not been submitted to a forensic laboratory for testing with Combined DNA Index System (CODIS)-eligible DNA methodologies, and improving investigation and prosecution in connection with evidence and cases resulting from the testing process.  The program also provides sites with resources to collect DNA samples from qualifying individuals who should have a sample in CODIS, but from whom a sample has never been collected or submitted to a laboratory for testing. In addition, SAKI will provide investigators with assistance on how to effectively question subjects, which could provide stronger investigative leads and build stronger prosecutorial cases, which in turn could help solve more crimes.

The Link of Cullman County, Inc. (The Link) is receiving funding through the U.S. Department of Justice’s Office of Justice Programs’ Bureau of Justice Assistance and Community-Based Adult Reentry with Small or Rural Organizations Program.  Under the Community Based Adult Reentry Grant, The Link will receive $500,000.  The Link will use these funds to provide a comprehensive approach to adult reentry to identify transitional needs of the offender by providing case management, cognitive intervention, and follow-up measures.

City of Birmingham Police Department (BPD) is receiving funding through the U.S. Department of Justice’s Office of Justice Programs’ Bureau of Justice Assistance’s Body Warn Camera Program.  Under the Body Warn Camera Program, Birmingham Police Department will receive $276,000 to support the implementation of body-worn cameras.  The intent of the program is to help BPD develop, implement, and assess the body warn camera as an additional tool in  their comprehensive problem-solving approach to leverage the evidentiary value of  digital footage; enhance officer and citizen safety, promote mutual trust and civility between officers and the public; and build community trust.

All of these grant monies are in addition to the Project Safe Neighborhoods programs currently underway across the Northern District, along with the DOJ  funding, training, and technical assistance already being provided through the National Public Safety Partnership in the Cities of Birmingham, Anniston, and Oxford.

Announced last week, the Department of Justice awarded the National Children’s Advocacy Center three grants totaling $2,734,498.

HUNTSVILLE – A joint federal, state, and local law enforcement initiative has resulted in the arrests of 36 individuals on a variety of criminal charges, including drug trafficking, money laundering, using communication facilities to facilitate drug trafficking and various firearms offenses, announced U.S. Attorney Jay E. Town, DEA Assistant Special Agent in Charge Clay Morris, FBI Special Agent in Charge Johnnie Sharp, Jr., and United States Postal Inspector in Charge, Houston Division, Adrian Gonzalez.  The majority of the defendants were arrested in north Alabama, however some defendants were arrested in California, Iowa, Virginia and Tennessee. 

“There is no daylight between local, state and federal law enforcement,” Town said.  “These indictments represent the hard work of many of our law enforcement partners, and exemplify our global efforts of taking on the most dangerous criminals menacing our neighborhoods. Our relationships across the board have never been stronger.”

"These arrests are indicative of DEA's commitment to rid our communities of drug trafficking organizations determined to profit on the backs of addiction," said Morris.  "Citizens in Northern Alabama can rest assured that the DEA and our law enforcement partners are determined to ensure these communities remain safe and a great place to live.  The success of this investigation is an outstanding example of our law enforcement community's resolve and determination."

“North Alabama is safer today as a result of this operation,” Sharp said. “This was an outstanding example of law enforcement partnerships working together to remove dangerous criminals from our neighborhoods.

“The Postal Service has no interest in being the unwitting accomplice to anyone using the U.S. Mail to distribute illegal drugs or other harmful substances,” Gonzalez said.  “Postal Inspectors will continue to work with our local and federal law enforcement partners to investigate and hold accountable those who misuse the U.S. Mail. Through our joint efforts, we have dismantled a criminal organization that posed a direct threat to various communities in multiple states.”

“We thank our State and Federal partners for their efforts and support in helping rid our community of illegal activity,” Madison County Sheriff Kevin Turner said.  “We value our partnerships and will continually look for opportunities to enhance our ability to protect and serve all of Madison County”.

The arrests made on October 9, 2019, resulted from the combined efforts of local law enforcement agencies across eight counties in Northern Alabama, along with State and Federal law enforcement partners.  Law enforcement agencies participating in the investigation included:  Drug Enforcement Agency; United States Attorney’s Office; Federal Bureau of Investigation; Bureau of Alcohol Tobacco and Firearms; United States Postal Inspection Service; Office of the Attorney General State of Alabama; Alabama Law Enforcement Agency; Morgan County Sheriff’s Department; Lawrence County Sheriff’s Department; Decatur Police Department; Lauderdale County Sheriff’s Department; Colbert County Sheriff’s Department; Franklin County Sheriff’s Department; Russellville Police Department; Marion County Sheriff’s Department; Huntsville Police Department, Cullman County Sheriff’s Department, Cullman Police Department, Madison Police Department, and the Wayne County (Tennessee) Sheriff’s Department.

In the spring of 2018, Special Agents of the DEA, and members of the Morgan County Sheriff’s Office, Lawrence County Sheriff’s Office and ALEA began an investigation involving quantities of high quality methamphetamine being sold in Morgan and Lawrence County. Agents quickly learned that the methamphetamine was being distributed not only in those areas, but also in the surrounding areas as far south as Cullman and as far north as Tennessee, by multiple affiliated individuals.  Agents also learned that the methamphetamine was coming from the San Bernardino area of California. 

During the course of the investigation, over 74 pounds of “ice” methamphetamine, a kilo of cocaine hydrochloride and 46 grams of “crack” cocaine was seized.  Twenty guns were seized, including two assault rifles and a short barrel shotgun.  Some of the guns seized were identified as stolen. Over $123,000 was seized by federal agencies.  This amount does not include amounts of money seized and forfeited by state and local agencies.

DEA, FBI, and USPIS, investigated the case, which Mary Stuart Burrell is prosecuting.

The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

BIRMINGHAM -- A federal jury convicted a Tuscaloosa man of being a felon in possession of a firearm, announced United States Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.

The jury returned its guilty verdict against Larry Leon Bryant, 33, on October 8th, after two days of testimony before U.S. District Judge L. Scott Coogler.  His sentencing is scheduled for February 27, 2020. 

“This verdict sends a clear message to those felons who choose to pick up a firearm and take the law into their own hands,” Town said.  “Bryant, an armed career criminal, will finally be removed from our community and will soon call a federal prison cell home.”

“ATF’s priority is reducing violent crime,” Watson said. “Criminals often utilize firearms as tools of their trade causing harm to our communities.  This case illustrates ATF’s commitment to effective law enforcement partnerships and dedication to keeping our cities safe.”

Evidence at trial showed that on December 13, 2018, Bryant and his brother went looking for Bryant’s stolen Chevy Suburban.  Driving separate vehicles, they found the Suburban on a busy four-lane highway in Tuscaloosa.  After boxing the vehicle in at a red-light, they got out of their vehicles and began shooting into the Suburban, as the driver attempted to get away.  Bryant’s brother shot the driver, a juvenile, who survived.

He has six felony drug convictions, three of which involved distributions that qualify him for a sentence of 15 years to life under the Armed Career Criminal Act. 

ATF investigated the case, which Assistant United States Attorneys Alan Baty and Brittney Bucak prosecuted the case.

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HUNTSVILLE - The Department of Justice has awarded grants totaling $2,734,498 to the National Children’s Advocacy Center (NCAC) in Madison County, announced U.S. Attorney Jay E. Town and NCAC Executive Director, Chris Newlin.

“I am pleased to be able to announce that the Department has awarded grants totaling $2.734,498 to the National Advocacy Center this year,” Town said.  “These grants will allow this center to continue providing training and support to the many professionals who work with child abuse victims and strive to improve the judicial system’s handling of their cases.  And, now, with the Opioid grant, the NCAC will be able to provide additional  services to ensure that the most vulnerable victims effected by the opioid crisis, our children and youth, are supported as they heal from the impact of crime and substance abuse.” 

“The NCAC is excited to receive these three grants through the Department of Justice,” Newlin said.  “The two training and technical assistance grants have been managed by the NCAC for many years, and we appreciate the support and confidence shown by the Department of Justice over the years.  The Opioid Grant is a new three-year award which will support the NCAC’s efforts to collaborate with many agencies in our community including the U.S. Attorney’s Office to address the opioid crisis and its impact on children.”

The NCAC is receiving the funding through the U.S. Department of Justice’s Office for Victims of Crime and Office of Juvenile Justice and Delinquency Prevention’s Victims of Child Abuse grant programs.  Under the Training and Technical Assistance for Child Abuse Professionals Grant, the NCAC received $800,000 to support the continued development and implementation of a model training program for federal, state, and local professionals who assist child abuse victims through the child protection, mental health, and judicial system; and to support significant free training while continuing to operate the renowned Child Abuse Library Online (CALiO).

It also received a $1,250,000 grant under the VOCA Act Regional Children’s Advocacy Centers Program to implement the Southern Regional Children’s Advocacy Center, which provides training and technical assistance to state chapters, other children’s advocacy centers, and multidisciplinary teams in the Southern Census region of the United States.  The Southern Census region houses more than 45% of the 1,000+ CACs currently operating throughout the United States which served more than 360,000 youth in 2018.

Under the Enhancing Community Responses to the Opioid Crisis: Serving Our Youngest Crime Victims, the NCAC will address an urgent gap in crime victim services related to the opioid epidemic and to expand upon existing or establish new programs to provide services to children and youth who are victimized as the result of the opioid crisis.  With this $684,498 award, the NCAC will leverage its longstanding community partnerships to transform responses to children in Madison County, Alabama, who have been placed in extremely vulnerable situations as a result of the opioid crisis and parental substance abuse.  This funding will enable the NCAC to work with the multidisciplinary team, begin identifying these intersections, assessing unmet needs, and expanding services to ensure these victims are full served. 

BIRMINGHAM – A four-count information filed today in U.S. District Court charges a former Oak Landing Assisted Living Facility employee with embezzling money and assets from a former resident at Oak Landing, announced U.S. Attorney Jay E. Town, Special Agent in Charge Patrick M. Davis, United States Secret Service, Special Agent in Charge Rod Owens, Social Security Administration Office of the Inspector General and Special Agent in Charge Thomas J. Holloman, III, Internal Revenue Service Criminal Investigation.

Lisa Talton Wells Daugherty, 52, of Rainbow City, a former Unit Coordinator at Oak Landing Assisted Living Facility in Atalla, Alabama is charged with one count each of wire fraud, money laundering, filing a false tax return, and theft of government property. The information alleges that while Daugherty was the Unit Coordinator at Oak Landing Assisted Living Facility, she obtained power of attorney from the victim.  Daugherty then arranged for the victim to become a resident of Oak Landing.  Beginning in January 2017, after the victim became a resident of Oak Landing, Daugherty used the power of attorney to gain access to the victim's assets.  Daugherty subsequently transferred the victim's assets to herself and purchased a primary residence, multiple vacations homes, automobiles, and paid her ordinary living expenses.  In addition, Daugherty is charged with embezzling the victim's Social Security benefits and filing a false tax return.  The information seeks forfeiture of a number of assets seized from Daugherty, including cash and automobiles.

“Elder abuse cases like this all too often go unreported and unchecked.” Town said.  “The dedication and hard work of the agents investigating this case assures the people of Alabama that one such abuser will spend time as a resident of the federal prison system.  In addition, the assets seized will begin to help restore some of the losses the victim sustained.”

“The U.S. Secret Service remains steadfast in its resolve to bring those who would take advantage of the elderly for their own financial gain to justice,” Davis said.  “This case highlights the extent that some individuals will go to financially exploit those who are among the most vulnerable in our community.  Without the intervention of the U.S. Secret Service, these individuals would have been able to steal millions of dollars, collectibles, personal effects, and property from the victim.”

“Social Security benefits are a lifeline to millions of Americans in retirement. We are committed to pursuing those who misuse these benefits and victimize some of our most vulnerable citizens,” Owens said. “We will continue to work with our law enforcement partners and the U.S. Attorney's Office to protect elderly and disabled Americans from this type of fraud.”

"Elder fraud is a fast-growing problem in our communities as it disproportionally affects seniors,” Holloman said.  “Individuals who seek to exploit our elderly through financial fraud schemes involving trickery, deception and outright theft deserve the wrath of all Americans.  IRS Criminal Investigation and all of its partners will remain vigilant in identifying, investigating and seeking prosecuting of those individuals who seek to willfully defraud our most vulnerable citizens.”

The maximum penalties for the charged crimes include the following: Wire Fraud, 20 years and a fine of not more than $250,000 or twice the gross gain; Money Laundering, 10 years and a fine of not more than $250,000 or twice the amount of criminally derived property involved in the transaction; Filing a False Tax Return, 3 years and a fine of not more than $100,000; and Theft of Government Property, 10 years and a fine of not more than $250,000.

The United States Secret Service, Social Security Administration Office of Inspector General, and Internal Revenue Service Criminal Investigation investigated the case, which Assistant U.S. Attorney Davis Barlow is prosecuting.

An information contains only charges. A defendant is presumed innocent unless and until proven guilty.

BIRMINGHAM -- Federal and local law enforcement today arrested 5 of 12 defendants indicted in September as part of a conspiracy to distribute heroin, cocaine, and methamphetamine sourced from Mexico, announced U.S. Attorney Jay E. Town and DEA Assistant Special Agent in Charge Clay Morris.

Today's arrests bring the number of people arrested to 10, as a result of the nearly three-year Organized Crime Drug Enforcement Task Force investigation into the Talladega-based drug-trafficking conspiracy.        

A 21-count indictment filed in U.S. District Court charges PATRICK NOLAN “YoYo” McSwain, 50, of Talladega, NOLBERTO ORTEGA, 54, of Chicago, Ill., EDGAR AGUILAR-TERRAZAS, 31, of Mexico, JOSE FERNANDO PEREZ LEYVA, 30, of Ind., AMANDA DENISE CONNELL, 33, KELVIN DENARD CHATAM, 36, AMECHE LASHUAN “Meche” CURRY, 50, LASHONDA RENEA WHITE, 40, MICHAEL TWYMON, 49, ROBERT SHURONE CHATMAN, 40, FLEMMINGS “Boobang” CHATMAN, 37, all of Talladega, and CHRISTOPHER LANE,  with conspiracy to distribute drugs including heroin, methamphetamine, and cocaine between May 2017 and July 2019.  The indictment also charges four defendants with money laundering and six defendants with using a telephone to facilitate a drug-trafficking crime. 

“Today’s arrests are an important step in reducing the flow of heroin, cocaine and methamphetamines, sourced from Mexico, into the Northern District of Alabama,” Town said.  “These dealers will go to extreme lengths to profit from this deadly poison with no regard to the pain and ruin they leave behind.  To the drug traffickers out there, you’ll have company soon.”

“This investigation and the subsequent indictments are a clear example of the drug pipeline running directly from Mexico to Alabama and specifically Talladega,” Morris said.  “The size, scope and magnitude of the McSWAIN Drug Trafficking Organization cannot be understated.  Literally, weekly shipments of methamphetamine, cocaine and heroin were pouring into Talladega county.  Those arrested today could care less about the countless lives they tragically affected.  Their sole purpose of existence was selling poison and making money.  Fortunately, DEA and the Talladega Drug Task Force has found a new home for them…prison.” 

The indictment includes special findings of the grand jury regarding the amount of heroin, cocaine, and methamphetamine attributable to various defendants as part of the drug-trafficking conspiracy.

Ortega, McSwain, and Terrazas, are charged with conspiring to traffic five kilograms or more of cocaine.

Ortega, McSwain, Leyva, and Connell are charged with conspiring to traffic one kilogram or more of heroin.

Kelvin Chatman, Curry, Robert Chatman, and White are charged with conspiring to traffic five hundred grams or more of methamphetamine.

Ortega, Kelvin Chatman, and McSwain are charged with conspiring to traffic four hundred grams or more of fentanyl.

The leaders of the organization, McSwain and Ortega, were already in custody on federal charges related to a large seizure of cocaine and heroin on July 7th. DEA agents arrested McSwain after he met with a drug courier coordinated by Ortega. Agents found 16 kilograms of cocaine and one kilogram of heroin in McSwain’s vehicle. Agents then executed on search warrant on Mcswain’s home in Talladega, Alabama and discovered two kilograms of heroin, 383.8 grams of cocaine, 267.1 grams of marijuana, 884.4 grams of methamphetamine, two drug presses, multiple cellphones, scales, a handgun, and an AR-15 rifle.

After McSwain’s arrest DEA agents intercepted two drug shipments coordinated by Ortega on July 10th and July 12th.  On July 10th Ortega sent a drug courier from Mexico that was intercepted by DEA in Jefferson County with six kilograms of cocaine. On July 12th Ortega coordinated the shipment of a wooden crate intercepted by DEA in Jefferson County containing seven kilograms of heroin. Both shipments were intended for McSwain and distribution in Northern Alabama.

Through investigation, the DEA identified McSwain as the source of supply of heroin and methamphetamine to a drug trafficking organization led by Kelvin Denard “Cabo” Chatman in Talladega.  In October of 2018, DEA agents intercepted a shipping crate sent to north Alabama by Ortega.  DEA agents obtained a search warrant and found 69 kilograms of methamphetamine and two kilograms of fentanyl inside the wooden crate. The wooden crate was addressed to a car lot owned by Chatman.

The maximum penalty for conspiracy and possession with intent to distribute a controlled substance is life in prison.  The minimum prison penalty for possessing a firearm in furtherance of a drug-trafficking crime is five years in prison, which must be served after completion of any other sentenced related to the crime.  The maximum penalty for being a convicted felon in possession of a firearm is 10 years in prison.   

The penalty for money laundering is a maximum of 20 years in prison and a $250,000 fine.  

Each count of using a telephone in furtherance of a drug-trafficking crime carries a maximum penalty of four years in prison.

The DEA and other law enforcement agencies have seized a total of 81 kilograms of methamphetamine, 22 kilograms for cocaine, 11 kilograms of heroin, two kilograms of fentanyl, and 150 pounds of marijuana as a part of the investigation.

Defendants Curry and Twymon are currently fugitives from justice.

The DEA and Talladega County Drug Task Force investigated the case, which Assistant U.S. Attorneys M. Blake Milner and Austin D. Shutt are prosecuting.

An indictment contains only charges.  Defendants are presumed innocent unless and until proven guilty.

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BIRMINGHAM – The first of three sisters indicted late last month on charges that they conspired to kill a Florida resident and his wife were arraigned today in federal court, announced United States Attorney Jay E. Town and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.

            U.S. Magistrate Judge John E. Ott today arraigned CHARIS MAPSON, an Oklahoma resident, on charges of conspiracy, two counts of interstate domestic violence, two counts of stalking, and one count of using a firearm in furtherance of a crime of violence.  The six-count indictment filed in U.S. District Court also charges her sisters Tierzah Mapson and Elisa Mapson with the same charges.   According to the indictment, the three sisters plotted to kill the father of Tierzah Mapson’s child, by luring him and his wife to a rural crossroads in Eldridge, Alabama, on June 18, 2018.

            Defendants Tierzah Mapson and Elisa Mapson were arrested at a campground in northern California.

            “This case took an enormous amount of investigative coordination between a multitude of agencies, both here and outside the district,” Town said.  “I commend the FBI, the Walker County Sheriff’s Office, and District Attorney Bill Adair for their diligent work on this investigation. There is give and take to everything, and defendants that take off after their criminal activities here in Alabama will be given their day in federal court to account.”

            The maximum prison sentence is five years for a conviction on the conspiracy count and 10 years for each of the interstate domestic violence and stalking charges.  The count alleging the use of a firearm in furtherance of a crime of violence carries a mandatory 10 years in prison, which must be served consecutively to any other sentence imposed for the crime.

            FBI investigated the case, which Assistant U.S. Attorneys Alan Baty and Jonathan Cross are prosecuting.

            An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

BIRMINGHAM –A federal jury on Thursday indicted a Madison man for conspiracy to distribute fentanyl, a potent synthetic opioid painkiller, which resulted in a person’s death, announced U.S. Attorney Jay E. Town and Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris.

A one-count indictment charges JONATHAN RYAN MILLER, 38, with conspiring to distribute and possession with the intent to distribute fentanyl that resulted in a person’s death in December 2017. 

“Opioids, especially Fentanyl, are deadly and are responsible for too many overdoses in the Northern District,” Town said.  “The safety and well-being of our communities remains my top priority and we will continue to counter the distribution of opioids by aggressively bringing these dealers to justice.” 

“Today and once again, DEA provided a measure of justice to a family who lost a loved one.  The scourge of opioid abuse is ravaging our country and we continue to see evil people kill others by selling heroin laced with fentanyl.  We will continue to provide a voice for those who have been killed by greedy, unscrupulous individuals.  The same individuals who care nothing about the lives of those who they continue fueling their addictions even to the point of death.  DEA is as steadfast as every in our fight.”

The penalty for distributing a controlled substance that results in death is 20 years to life in prison and a maximum $1 million fine.

DEA investigated the case, which Assistant U.S. Attorney Robert J. Becher Sr. is prosecuting. 

An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.