Southern District of Alabama

United States Attorney Richard W. Moore of the Southern District of Alabama, announces that a jury has convicted David Jesus Jimenez of Davie, Florida for his role in an international fraud scheme designed to illegally obtain EB-1C visas for Chinese nationals.  Jimenez was convicted of conspiracy to commit visa fraud, conspiracy to commit money laundering, as well as substantive money laundering.

The trial, which began on October 2, 2017, centered around the EB-1C visa program.  This legitimate immigration program allows for United States business owners who are in a qualified business relationship with a foreign company to petition the United States Citizenship and Immigration Services for a foreign multinational manager or executive to immigrate to the United States to manage the business.  This employment-based visa program is designed to help United States businesses attract top foreign talent to help run a joint business partnership together from the United States.  Upon obtaining an EB-1C visa, the foreign national is on the fastest tract to Legal Permanent Resident status, and ultimately, United States citizenship.

During trial, the jury heard testimony that certain Chinese nationals paid approximately $300,000.00 to the Chinese co-conspirators to participate in the fraud scheme.  Thereafter, Jimenez and others in the United States recruited business owners in Alabama, Florida, Mississippi, and elsewhere by explaining that they could earn $30,000.00 by “sponsoring” an immigration petition for a Chinese national.  The business owners then provided documentation about their companies to Jimenez and the other co-conspirators.  Thereafter, false, fraudulent, forged, and materially misleading documentation was created by the co-conspirators, all of which was designed to give the appearance that the United States business had a qualifying relationship with a Chinese company through a joint venture between the two businesses.  These documents were provided by Jimenez and his co-conspirators to attorneys who submitted the fraudulent material to USCIS.  However, neither the United States business owners nor the attorneys were aware that Jimenez was using them as part of an elaborate fraud scheme.  

To promote this international visa fraud scheme, Jimenez and his co-conspirators also engaged in an international money laundering scheme.  Evidence was presented showing how co-conspirators in China wired large sums of money from their Hong Kong bank accounts to domestic accounts controlled by Jimenez.  Thereafter, Jimenez used these foreign funds to further the visa fraud scheme by (1) paying the other United States-based co-conspirators, (2) paying the petitioning United States business owners, and (3) paying the attorneys who filed the fraudulent documents with USCIS.

Following a two-week trial, the jury deliberated for approximately four hours before finding Jimenez guilty of conspiracy to commit visa fraud, conspiracy to commit money laundering, and substantive money laundering.  Jimenez will be sentenced by Chief Judge Kristi DuBose on January 26, 2018. 

Prior to Jimenez’s trial, Fairhope resident Christopher Allen Dean pled guilty to a charge of conspiring to commit visa fraud in connection with this same scheme.  Dean was one of approximately 40 witnesses called by the United States during its case-in-chief. 

Following Jimenez’s convictions at trial, Richard W. Moore, the United States Attorney for the Southern District of Alabama, explained, “Schemes of this nature are an assault on our immigration system that divert our federal investigative resources when we are forced to spend time and money unravelling these complicated criminal acts.  Our federal partners, Homeland Security Investigations and the IRS-Criminal Division worked tirelessly to ferret out the Defendant’s pattern of activity that could have gone undetected but for their excellent work.  Also, our prosecutors, First Assistant Donna Dobbins and Assistant U.S. Attorney Chris Bodnar, presented a compelling case to the jury and I am particularly pleased with how they represented the interests of the United States in this matter.”

This sentiment was echoed by Raymond R. Parmer, Jr., Special Agent in Charge of ICE Homeland Security Investigations New Orleans. SAC Parmer noted: “Immigration fraud presents a serious threat to the national security of our nation.   Illegal schemes like this not only undermine the integrity of our nation’s legal immigration system, but they create potential security vulnerabilities while also cheating deserving immigrants of benefits they rightfully deserve.”   SAC Parmer oversees a five-state Area of Operation to include Alabama, Arkansas, Louisiana, Mississippi, and Tennessee.

In addition, James E. Dorsey, the Acting Special Agent in Charge of IRS–Criminal Investigations Division, explained:  “This particular employment-based visa fraud scheme was a blatant attempt to undermine and defraud the United States Government.  IRS Criminal Investigations will continue to work with our law enforcement partners to conduct international financial investigations that exploit our government.”

This matter was jointly investigated by special agents assigned to the Mobile offices of the Department of Homeland Security–Homeland Security Investigations and the Internal Revenue Service–Criminal Investigation Division, as well as fraud investigators in the Dallas Field Office of USCIS.  The case was prosecuted by First Assistant United States Attorney Donna Dobbins and Assistant United States Attorney Christopher Bodnar.

United States Attorney Richard W. Moore of the Southern District of Alabama announced that Candice Maxwell, 29, of Mobile, was sentenced last week in federal court on charges involving her illegal possession of firearms and her possession with intent to distribute 30 grams of methamphetamine.  Court documents reflect that Maxwell, an admitted drug user, was found in possession of several firearms during the search of her apartment in Saraland in 2016.  In June of 2016, she was arrested on state gun-related charges, and corrections officers at the jail found that she had methamphetamine concealed in her clothing at that time.  Maxwell pled guilty to both federal charges in November of 2016. 

United States District Court Judge Callie V. S. Granade sentenced Maxwell to 30 months of imprisonment, followed by a four-year term of supervised release.  The judge ordered that sentences on the two charges be served concurrently.  Maxwell will undergo treatment for drug abuse while in prison and as a condition of her supervised release.  No fine was imposed, but the judge ordered that Maxwell pay mandatory $200 special assessments. 

The case was investigated by the Department of Homeland Security Investigations and the Mobile County Sheriff’s Office.  Assistant United States Attorney Gloria Bedwell prosecuted it in the United States Attorney’s Office.

United States Attorney Richard W. Moore of the Southern District of Alabama announced that Richard Pham, 42, of Myrtle Beach, South Carolina, was sentenced last week in federal court on charges involving his illegal attempt to possess with intent to distribute two kilograms of cocaine and his participation in a money laundering scheme involving his car business.  Court documents reflect that Pham was laundering money represented to be drug proceeds in new car purchases in Mobile, using undercover Homeland Security agents as nominees for the transactions.  Pham’s business, Pham & Associates, would provide cash for the new car purchases, which were conducted in Mobile by undercover agents in their undercover names.  Pham would then re-title the vehicles to himself, his business, or another entity, all in connection with a plan to sell the vehicles overseas as “used cars.”  As a result of the undercover contacts with the federal agents, Pham introduced them to a co-conspirator in the car business, Nghia Le, who was also in the business of growing and distributing marijuana.  During the investigation, Pham arranged to purchase two kilograms of cocaine through the undercover agents.  He also made arrangements for others to distribute the drugs in South Carolina.  Pham pled guilty to both charges in March of 2017.

United States District Court Judge William H. Steele sentenced Pham to 48 months of imprisonment, to be followed by a four-year term of supervised release.  The judge ordered that sentences on the two charges be served concurrently.  Pham will undergo treatment for drug abuse while in prison and as a condition of his supervised release.  No fine was imposed, but the judge ordered that Pham pay $200 in special mandatory assessments.  The judge also ordered the forfeiture of property used to facilitate the illegal activities for which Pham was convicted. 

The case was investigated by the Alabama Law Enforcement Agency, the Department of Homeland Security Investigations, the Mobile County Sheriff’s Office, and the Myrtle Beach Police Department.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

The United States Attorney, Richard W. Moore, announces that Michael Fleming, Jr., a 40 year old, resident of Prichard, Alabama was sentenced today to 61 months incarceration followed by three years of supervised release.

A search warrant was executed at Fleming’s residence and seized from his bedroom was a loaded Jennings Arms .25 caliber semi-automatic handgun with two magazines and a loaded Remington 12 gauge semi-automatic shotgun.  A search of the shed on his property uncovered a loaded Intratec 9mm with one additional loaded magazine, a loaded Maverick 12 gauge pump shot gun, a loaded Charter Arms .38 special revolver, a loaded .22 Magnum caliber revolver, three digital scales, a bottle of Inositol Powder (used as a cutting agent for the cocaine).  Law enforcement officers also seized approximately 195.71 grams of powder cocaine, 27.09 grams of crack cocaine, and 923.67 grams of marijuana.

On June 23, 2017, Fleming pled guilty to possession of the firearms in furtherance of a drug trafficking crime and possession of marijuana with the intent to distribute.

Deputies with the Mobile County Sheriff’s office along with special agents of the Immigration and Customs Enforcement (ICE) arm of the Department of Homeland Security investigated the case and presented it to the United States Attorney’s Office for prosecution.  The prosecutor assigned to the case was Assistant United States Attorney, Gina S. Vann.

United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge William H. Steele sentenced David Lee Wesley, 60, of Theodore, Alabama, to 42 months imprisonment.  The judge ordered that Wesley pay a $100 special assessment, undergo three years of supervised release after completing his prison term, and participate in drug and/or alcohol treatment as directed by the United States Probation Office. 

In December 2016, law enforcement officials learned that Wesley, aka “Bubba,” was allegedly selling crack cocaine from his home in Theodore.  On December 13, 2016, a confidential informant, acting under the supervision of law enforcement officials, purchased roughly one gram of crack cocaine from Wesley at his home.  On December 16, 2016, Mobile County Sheriff’s Office Deputy Ronald Moody obtained a state warrant to search the premises.  On December 21, 2016, government agents executed the warrant at Wesley’s home and found, among other items, a .38 Ultra Lite Special Revolver loaded with five rounds of live ammunition, a single shot Stevens Model Number 940 B shotgun, a Marlin .22-caliber rifle with one magazine and one live round, and one silver pipe with suspected crack cocaine.  Law enforcement officials Mirandized Wesley, who admitted that he possessed the firearms.  Wesley has several prior felony convictions, which prohibit him from knowingly possessing any firearms or ammunition.   

In February 2017, a federal grand jury for the Southern District of Alabama charged Wesley with being a felon in possession.  On June 29, 2017, Wesley pleaded guilty to the offense before Judge Steele. 

The Mobile County Sheriff’s Office and the Federal Bureau of Investigation investigated the case.  Assistant United States Attorneys Maria Murphy and Sinan Kalayoglu prosecuted the case.

United States Attorney Richard W. Moore of the Southern District of Alabama announced that Chief United States District Judge Kristi K. DuBose sentenced Jabriel Bell and Fortune Hoppins to 46 months and 57 months of prison, respectively, in a gun burglary case.  The judge ordered that Bell, 25, and Hoppins, 35, face credit restrictions and pay restitution totaling $22,737.  The judge also ordered that each defendant pay a $100 special assessment and undergo three years of supervised release after completing their prison term. 

In the early morning hours of May 10, 2017, Bell, Hoppins, and Stanley Young stole approximately fifty firearms from Safford Tire and Hardware, a licensed firearms dealer in Safford, Alabama.  The store’s video surveillance system captured the burglary.  Law enforcement officials soon identified Bell, Hoppins, and Young as suspects and found several discarded clothing items near the store.  On May 11, 2017, law enforcement officials located Bell, who admitted post-Miranda to burglarizing the store with Hoppins and Young.  Bell helped officials find twenty-three firearms he left in a bag in the woods near Safford Tire.  That same day, law enforcement officials found Hoppins, a convicted felon, in Marion Junction, Alabama in possession of one of the stolen guns.  Officials later located Stanley Young, a convicted felon, in the state of New York.   

In late May 2017, a federal grand jury for the Southern District of Alabama returned a four-count indictment against Bell, Hoppins, and Young.  On July 19, 2017, Bell pleaded guilty to stealing firearms from a licensed firearms business, and Hoppins pleaded guilty to being a felon in possession of firearms.  On September 19, 2017, Young pleaded guilty to being a felon in possession of firearms.  His sentencing is scheduled for December 22, 2017.   

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, the Dallas County Sheriff’s Office, and the Fourth Judicial Drug Task Force in Selma, Alabama investigated the case.  Assistant United States Attorney Sinan Kalayoglu prosecuted the case.

The United States Attorney, Richard W. Moore, announces that Eddie Grant, a 28 year old, resident of Mobile, Alabama was sentenced today to 36 months incarceration followed by three years of supervised release.  A search warrant was executed at Grant’s residence and a Smith & Wesson, .40 caliber pistol along with a small amount of marijuana were found.  Grant confessed to possession of the firearm and the marijuana.  

On June 15, 2017, Grant pled guilty to possession of the firearm after being convicted of Possession of Marijuana, 1st Degree in September 2010.

The Mobile, Alabama Police Department investigated the case along with the Bureau of Alcohol Tobacco Firearms and Explosives and presented it to the United States Attorney’s Office for prosecution.  The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.

United States Attorney Richard W. Moore of the Southern District of Alabama announced that Demarcus Lorenzo Perdue was sentenced in federal court on September 29, 2017, to a total of 154 months in prison, following his guilty plea to carjacking and brandishing a firearm during and in relation to a crime of violence.    

Chief District Court Judge Kristi DuBose imposed the sentences.  In imposing the consecutive sentences, Judge DuBose referenced the serious nature of defendant Perdue’s crimes and his extensive criminal history. 

The investigation of this case was a cooperative effort between the Federal Bureau of Investigation and the Mobile Police Department and successfully prosecuted by Assistant United States Attorney Gregory A Bordenkircher.

United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Judge William H. Steele sentenced Derrick Lashawn Ward on September 26, 2017 to serve a term of imprisonment of 46 months followed by 3 years of supervised release for illegally possessing a Masterpiece, .9 mm machine gun, with a loaded 30 round magazine.  The defendant possessed the weapon in Grand Bay, Alabama on February 17, 2017 in violation of 18 USC § 922(g)(1).  The defendant entered a guilty plea before the Court on June 16, 2017.

On the date of incident, Deputies of the Mobile County Sheriff’s Office, Narcotics Unit executed a search warrant at the defendant’s residence based on narcotics activity that had occurred at the location.  During the search of the residence, investigators located the loaded firearm in the defendant’s bedroom, along with crack cocaine and drug paraphernalia.  

This case was investigated by the Federal Bureau of Investigation (FBI), and the Mobile County Sheriff’s Office, Narcotics Unit.  The case was prosecuted by Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.

United States Attorney Richard W. Moore of the Southern District of Alabama announces that James Derrick Robertson, age 53, of Demopolis, Alabama pled guilty to a violation of 18 USC Section 2252A(a)(2), Receipt of Child Pornography, which carries a penalty of at least five years up to 20 years and Obstruction of Justice in violation of 18 USC  Section1519, which carries a penalty of up to twenty years.  Sentencing is set for December 20, 2017, before Judge Callie V. S. Granade. 

This case was investigated by the Demopolis Police Department and the Federal Bureau of Investigation.

United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Henry Jeremy Lewis of Mobile was sentenced to six months imprisonment.  Lewis’ sentencing followed entry of a June 2017 guilty plea to a charge of prohibited person in possession of a firearm.  Lewis was previously convicted of Possession of a Stolen Firearm in 2012 in the Circuit Court of Cook County, Illinois.

Lewis’ guilty plea included his admission that on December 28, 2016, he was observed riding his bicycle through the parking garage at the Social Security Administration.  Lewis stopped near one of the stairways and removed a pistol from his jacket, then wrapped it in something and returned it to his jacket.  The Security Officers then contacted 911 and requested that the Mobile Police Department respond.  When Mobile Police Officers responded they saw Lewis at the corner of Dauphin Street and Bayou Street.  As Officers approached, they ordered him to stop.  After a brief foot chase and resistance, Officers restrained Lewis.  As he was taken to the ground a Hi-Point, .380 caliber pistol, fell out of his jacket. 
 
Possession of a firearm by a prohibited person, in this instance a convicted felon, is a violation of Title 18, United States Code Section 922(g)(1).  Lewis’ imprisonment will be followed by a three (3) year term of supervised release.

This case arose from an investigation by the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Mobile Police Department and the Federal Protective Service.  The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Terrance Dees, 34, of Mobile, was sentenced yesterday in federal court on a charge involving his illegal possession of two firearms.  The indictment alleged and Dees admitted that he had three prior convictions for drug felonies when the authorities found him in possession of the guns.  Court documents reflect that Mobile police executed a search warrant at Dees’ residence where they found marijuana, pills and the guns.  Dees pled guilty to the gun charge in December of 2016. 

United States District Court Judge Kristi K. Dubose sentenced Dees to 60 months imprisonment, to be followed by a three-year term of supervised release.  Dees will undergo treatment for drug abuse while in prison and as a condition of his supervised release.  No fine was imposed, but the judge ordered that Dees pay the mandatory $100 special assessment. 

The case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

United States Attorney Richard Moore of the Southern District of Alabama announces that Senior United States District Court Judge William H. Steele sentenced Joseph Canidate to 337 months in prison on September 26, 2017, for Bank Robbery and Brandishing a Firearm During and in Relation to a Crime of Violence.  Canidate pled guilty on June 21, 2017, to the charge of Bank Robbery and Brandishing a Firearm, in violation of Title 18 Sections 2113(a) and 924(c) of the United States Code.
 
On June 27, 2016, Joseph Canidate entered the Hancock Bank at 2110 Demetropolis Road, in Mobile, Alabama, and robbed three female tellers at gunpoint of a total of $38,579.00. Canidate wore a mask, and was armed with a .40 caliber semi-automatic pistol.
 
Police officers responding to the robbery were able to spot Joseph Canidate running through a nearby wooded area. Law enforcement officers were able to follow the trail of money dropped by the fleeing Canidate straight to his hiding place. Joseph Canidate was taken into custody with the remains of the stolen cash, along with the firearm used in the robbery.

Canidate said that the stress of making a car payment, paying utility bills and his girlfriend wanting money were reasons for the robbery. Of the $38,579.00, taken $31,383.00 was recovered. Canidate was ordered to pay $7,196.00 in restitution because of the unrecovered money. Additionally, Canidate will serve 3 years on supervision upon his release from incarceration.

Joseph Canidate had a previous conviction for Bank Robbery out of the Middle District of Alabama on October 26, 1998.

The Mobile Police Department and the Federal Bureau of Investigation, Mobile Field Office investigated this case.  Assistant United States Attorney Christopher Baugh prosecuted the case for the Southern District of Alabama.

MOBILE, ALABAMA—Richard W. Moore was sworn in today by Chief U.S. District Court Judge Kristi K. Dubose as the new U.S. Attorney for the Southern District of Alabama.

“I want to thank President Donald J. Trump for nominating me as U.S. Attorney and Attorney General Jeff Sessions and Senator Richard Shelby for their support during the nomination process.  I am eager to now lead an office where I served as an Assistant U.S. Attorney for more than 17 years and one which I know to have a cadre of professionals who are dedicated to the highest ideals of public service.  Together we will give our best efforts to fostering public trust and confidence in the rule of law as we appear in court to pursue justice and to protect the interests of the United States of America.  I look forward to working closely with our colleagues in federal, state, and local law enforcement over the coming years.  Also, it is a distinct honor to be able to serve as U.S. Attorney with my colleagues Jay Town and Louis Franklin who bring years of prosecutorial experience that will serve the interests of all of our citizens. ”

Moore is part of the “first wave” of President Trump’s nominees for the position of U.S. Attorney to be confirmed by the U.S. Senate.  The U. S. Attorney serves as the chief Federal law enforcement officer within his or her Federal judicial district.  These candidates share the President’s vision for “Making America Safe Again.”

Before becoming U.S. Attorney, Moore served as the Inspector General for the Tennessee Valley Authority (TVA) since May 2003 when he was appointed by President George W. Bush and confirmed by the U.S. Senate.  The TVA Office of Inspector General has been regularly recognized as one of the “Best Places to Work” in the federal government based upon the results of the Office of Personnel Management’s annual Viewpoint survey of federal employees.  From May 2009 to March 2011, Mr. Moore was the Chairman of the Investigations Committee for the Council of Inspectors General on Integrity and Efficiency (CIGIE).  Prior to his appointment as Inspector General, Mr. Moore served as an Assistant U.S. Attorney for the Southern District of Alabama from 1985 to 2003.  During that time, Mr. Moore prosecuted criminal cases involving white collar crimes, official corruption, and general Federal crimes.  During his time at the U.S. Attorney’s Office, Mr. Moore also served as chief of the criminal division, as senior litigation counsel, and as coordinator of the Anti-Terrorism Task Force.  Earlier in his career, Mr. Moore was in private practice in Mobile, Alabama, and Cleveland, Ohio.  From 1997 to 1998, Mr. Moore was an Atlantic Fellow in Public Policy at Oxford University in England.  Mr. Moore received his B.S., summa cum laude, from Spring Hill College in 1974, and his J.D. from the Samford University Cumberland School of Law in 1977.  In 2015, Mr. Moore was named Cumberland School of Law’s Distinguished Alumnus of the Year.

Acting United States Attorney Steve Butler announces that Jamesin Rich, a 33 year old, resident of Thomasville, Alabama was sentenced today to 30 months incarceration followed by three years of supervised release for possession of approximately 21.3 grams of cocaine base, common known as “crack” cocaine.  The cumulative quantity of “crack” cocaine was discovered in Rich’s possession during the search of a residence in Thomasville.  It was packaged in individual amounts for sale. 

On May 16, 2017, Rich pled guilty to possession with intent to distribute “crack” cocaine.

The Drug Enforcement Administration along with the Thomasville, Alabama Police Department investigated the case and presented it to the United States Attorney’s Office for prosecution.  The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Damon Curtis Chisholm, 42, a resident of Mobile County, was sentenced today in federal court on charges involving his participation in a methamphetamine distribution conspiracy and for aiding and abetting one of the co-conspirators, a convicted felon, in possession of firearms.  Chisholm pled guilty to the charges in May of 2017.

United States District Court Judge William H. Steele sentenced Chisholm to 24 months imprisonment on each charge, which will run concurrently, to be followed by a four-year term of supervised release.  Chisholm will undergo treatment for drug abuse while in prison and as a condition of his supervised release.  No fine was imposed, but the judge ordered that Chisholm pay $200 in special mandatory assessments. 

The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Adam Khan Le, 36, of Panama City, Florida, was sentenced today in federal court on a charge involving his participation in a scheme to grow and distribute marijuana. Le pled guilty to the charge in May of 2017.

United States District Court Judge William H. Steele sentenced Le to a year and a day in prison on the conspiracy charge, to be followed by a four-year term of supervised release.  Le will undergo treatment for drug abuse while in prison and as a condition of his supervised release.  No fine was imposed, but the judge ordered that Le pay the mandatory $100 special assessment and that Le forfeit any interest in the properties alleged to have facilitated the illegal activity. 

The case was investigated by the Mobile County Sheriff’s Office, the Alabama Law Enforcement Agency and the Department of Homeland Security Investigations.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Senior United States District Court Judge Callie V.S. Granade sentenced Domonic Marshall to 15 months in prison on September 13, 2017.  Marshall pled guilty on June 14, 2017 to the charge of Possession of Ammunition by a Prohibited Person, violating 18 U.S.C. 922(g)(1).
 
Domonic Marshall is prohibited from possessing ammunition by virtue of being convicted of the felony offense of Burglary 3rd Degree in Mobile County Circuit Court, in December of 2011.

On July 5, 2016, City of Saraland police officers responded to a domestic violence call at the residence of Domonic Marshall. A pregnant female who said she was fleeing the residence met officers. She told the police officers that Marshall kept a .45 caliber pistol, and a large rifle, inside the residence.

Other officers, who were responding to the domestic violence call, were able to get a description of Marshall and the vehicle he was traveling in.  They pursued Marshall, who attempted to flee from them. Marshall was ultimately apprehended and arrested for the domestic violence.

Law enforcement officers interviewed the female victim. She told officers that when Marshall found out she had called the police, he moved the .45 caliber pistol and the rifle out of the residence so he would not be caught with them.

Saraland Police Department obtained a search warrant for the residence of Domonic Marshall to look for the .45 caliber pistol and the rifle.  The police executed the search warrant on July 13, 2017. During the search, officers did not find either firearm, but did recover sixteen .22 caliber rounds of ammunition and one 12-gauge shotgun round.  They also located, and seized, eighty-five .22 caliber rounds of ammunition in a separate part of Marshall’s residence.
 
When officers informed Marshall that they had located live ammunition in his residence, Marshall stated that the .22 rounds had been in there forever, and that he had had the ammunition for approximately 4 years. Marshall also admitted being a convicted felon.

Senior United States District Court Judge Callie V.S. Granade also sentenced Marshall to serve three years of supervised release at the conclusion of his prison sentence.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, Mobile, Alabama Field Office, and Saraland Police Department investigated this case.  Assistant United States Attorney Christopher Baugh prosecuted the case for the Southern District of Alabama.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Chief United States District Court Judge Kristi K. DuBose sentenced Ernest Lamar Rogers on September 8, 2017 to serve a term of imprisonment of 12 months followed by 3 years of supervised release for illegally possessing multiple firearms.  He possessed the firearms in Mobile, Alabama on February 11, 2017 in violation of 18 USC § 922(g)(1).  The defendant entered a guilty plea before the Court on May 11, 2017.

On the date of incident, the Mobile County Sheriff’s Office Delta Patrol Squad attempted to initiate a traffic stop after they observed the defendant commit a traffic violation in his vehicle.  However, the defendant did not comply and threw a Glock, .40-caliber pistol out of a window of the vehicle he was in at the time.  Shortly thereafter, a dangerous car chase ensued. 

Once the defendant was apprehended, the authorities located an additional firearm, a Smith and Wesson, .38-caliber revolver, on the floorboard of the same vehicle.  During the investigation, the authorities learned that the defendant’s driver’s license had been suspended.

This case was investigated by the Federal Bureau of Investigation (FBI), and the Mobile County Sheriff’s Office.  The case was prosecuted by Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.

The Justice Department will not pursue federal criminal civil rights charges against the Mobile Police Department officer (the Officer) involved in the fatal shooting of 19-year-old Michael Moore, the Department announced today.

Officials from the Civil Rights Division, the United States Attorney’s Office for the Southern District of Alabama, and the Federal Bureau of Investigation (FBI) spoke today with representatives of the Moore family to inform them of this determination. The Department makes this decision because the evidence obtained through the course of a rigorous investigation is insufficient to prove that the Officer willfully used excessive force resulting in Moore’s death.

The Department devoted significant time and resources to investigating the events surrounding Moore’s death on June 13, 2016, in Mobile, Alabama. A team of experienced career federal prosecutors from the Criminal Section of the Civil Rights Division and the United States Attorney’s Office reviewed evidence obtained by the FBI and state investigators to determine whether the Officer violated any federal laws, focusing on the application of 18 U.S.C. § 242, a federal criminal civil rights statute that prohibits certain types of official misconduct. They conducted a detailed and lengthy analysis of numerous materials, including police reports, law enforcement accounts, witness statements, affidavits of witnesses, dispatch logs, physical evidence reports, the autopsy report, photographs, videos of some portions of the incident, and conducted additional witness interviews.

The evidence developed during the investigation indicated that on June 13, 2016, the Officer conducted a traffic stop after Moore made an erratic turn. Moore had two passengers in the vehicle at the time of the traffic stop. Moore was unable to produce a driver’s license and instead provided the Officer with a license number. After running the information, the Officer learned that Moore provided him with a false driver’s license number and that the vehicle Moore was driving was reported stolen. The Officer asked Moore to step out of the car and Moore complied.

There are conflicting eyewitness accounts as to what happened once Moore exited the vehicle and these critical events were not captured on any video. The eyewitnesses to the shooting included residents and motorists traveling through the area in their vehicles. Both passengers inside Moore’s vehicle acknowledged that they saw Moore with a firearm prior to the shooting. One passenger observed a firearm in Moore’s car seat before encountering the Officer, and the other saw a firearm in Moore’s waistband once he stepped outside the vehicle. Some eyewitnesses describe Moore pulling up his pants or having his hands by his waist immediately prior to the shooting. Others describe Moore “snatching” his hand downward or “flinching” at the time of the shooting. Still others only saw Moore’s hands for a portion of the encounter or could not see them at all.

According to the Officer, Moore exited the vehicle with a cell phone in his right hand. The Officer asked Moore to put the cell phone down and when Moore bent down to place the phone on the ground, the Officer saw a gun in Moore’s waistband. The Officer commanded Moore not to reach for the gun, but Moore did so, at which time the Officer shot Moore causing Moore to fall to the ground. While on the ground, the Officer again commanded Moore not to reach for the gun. However, Moore reached for the gun, and the Officer shot him again.

Moore was transported to the University of South Alabama Medical Center where he was pronounced dead. At the hospital, emergency personnel recovered a firearm under Moore’s right hip in the waistband of his clothing. The serial number of the firearm recovered from Moore’s body matched the serial number of a firearm reported stolen earlier that day. An autopsy was conducted and determined that Moore died as a result of multiple gunshot wounds.

Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that an officer “willfully” deprived an individual of a Constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by the law. Neither accident, mistake, fear, negligence, nor bad judgment is sufficient to establish a willful federal criminal civil rights violation.

Given the totality of the circumstances, and conflicting eye-witness testimony, the government cannot disprove the Officer’s claim that he believed that Moore was reaching for a firearm, that he feared for his life, and that he made the split-second decision to defend it. Therefore, after a careful and thorough review, a team of experienced career federal prosecutors determined that insufficient evidence exists to prove the Officer willfully violated any federal criminal civil rights statutes. Accordingly, the investigation into this incident has been closed.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced today that Dr. Rassan M. Tarabein, 58, a neurologist residing in Fairhope, Alabama, pled guilty before Chief United States District Judge Kristi K. DuBose to one count of health care fraud and one count of unlawful distribution of a schedule II controlled substance.  As part of his plea agreement, Dr. Tarabein will no longer be able to practice medicine and prescribe controlled substances in the United States.  Chief Judge DuBose has scheduled sentencing for March 2, 2018.  Dr. Tarabein faces up to ten years in prison for health care fraud and up to twenty years in prison for unlawfully distributing a controlled substance. 

On June 28, 2017, a federal grand jury for the Southern District of Alabama returned a 22–count superseding indictment against Dr. Tarabein, charging him with health care fraud, making false statements relating to health care matters, lying to a federal agent, unlawfully distributing schedule II controlled substances, and money laundering.   He was arrested two days later.

Dr. Tarabein previously operated the Eastern Shore Neurology and Pain Center, a private clinic in Daphne, Alabama where he offered services relating to neurology and pain management, such as spinal injections.  In his plea agreement, Dr. Tarabein admitted that from around 2004 to May 2017, he ran an insurance scam in which he induced patients to visit his clinic so that he could bill health care benefit programs for medically unnecessary tests and procedures.  The purpose of Dr. Tarabein’s admitted scheme was to maximize personal financial gain by fraudulently seeking payments from health care benefit programs such as Medicare, Medicaid, Blue Cross Blue Shield of Alabama, Humana, UnitedHealthcare, and other private insurers.  As part of his guilty plea, Dr. Tarabein admitted to violating the traditional standards of care in his medical practice by, for example, failing to provide informed consent to patients about procedures, discriminating against Alabama Medicaid patients in services rendered, fraudulently documenting patient records, submitting false claims to insurance companies, and issuing prescriptions for schedule II controlled substances without a legitimate medical purpose. 

Dr. Tarabein has pending state criminal charges in Montgomery County, Alabama.  On June 16, 2017, a state grand jury returned a 2–count indictment against Dr. Tarabein, charging him with Medicaid fraud and theft of property in the first degree, each a felony offense.  On September 20, 2017, Dr. Tarabein is expected to plead guilty in state court to Medicaid fraud.        

Acting United States Attorney Butler stated, “Today’s guilty plea reinforces our office’s dedication to protecting the public from corrupt physicians.  Doctors who exploit patients through medically unnecessary services to line their own pockets have no place in our health care system.  I commend the investigators who unraveled Dr. Tarabein’s scam for their commitment to uproot health care fraud.”

Attorney General Steve Marshall stated, “I am pleased that my Medicaid Fraud Control Unit had the opportunity to team with our federal law enforcement colleagues to investigate and bring to justice this defendant who not only violated his oath to his patients, but stole taxpayer money set aside to provide care for our most vulnerable citizens.  I am grateful to the U.S. Attorney’s Office for the Southern District of Alabama for its speedy resolution of the federal charges, as this defendant is held to account for his actions.”

Federal Bureau of Investigation (FBI) Special Agent in Charge Robert E. Lasky stated, “The FBI stands ready to work alongside our state, local, and federal partners to eliminate prescription drug abuse.  When doctors place money before the well-being of their patients, this task becomes nearly impossible.  This guilty plea is a testament to all the hard work and cooperation between the agencies that conducted this investigation.”

“The abuse of prescription drugs is a serious problem in our communities.  All too often, this abuse leads to addiction, shattered lives, and even death.  For the health and safety of our citizens, DEA and our law enforcement partners will continue to target those who illegally distribute these potentially dangerous drugs.  We hope that the conviction of Dr. Tarabein serves as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause,” said Stephen G. Azzam, Special Agent in Charge of DEA’s New Orleans Field Division.

“Today’s plea should serve as a wake-up call to those who intend to bill the government for medically unnecessary services and thereby enriching their own bottom line,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services Office of Inspector General (OIG).  “The nation is facing a very serious prescription drug crisis and the OIG, along with our state and federal law enforcement partners, take allegations such as these very seriously.”

The FBI, DEA, OIG, and Alabama Medicaid Fraud Control Unit are investigating the federal case.  Assistant United States Attorneys Sinan Kalayoglu and Gregory A. Bordenkircher are prosecuting the federal case in coordination with the Office of the Alabama Attorney General, Medicaid Fraud Control Unit.  Assistant Attorney General Bruce M. Lieberman is prosecuting the state case.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that United States Attorney General Jeff Sessions will be the keynote speaker at the 30th annual Law Enforcement Coordinating Committee (LECC) conference.  The United States Attorney’s Offices for the Southern, Northern, and Middle Districts of Alabama are sponsoring the conference.  The Southern District is hosting the event.                   

Attorney General Sessions will be speaking at 11:00 a.m., September 1, 2017, in the Grand Ball Room of the Perdido Beach Resort, 27200 Perdido Beach Boulevard, Orange Beach, AL. 

The media is invited to attend this portion of the conference only.  Preset for the media will take place at 10:00 am and final access is set for 10:30 am.  For further information, contact Eric Day (USAO Public Information Officer) at 251-709-6565 or Tommy Loftis (FBI Public Affairs Specialist) at 251-654-7104.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that on August 15, 2017, United States District Judge William H. Steele sentenced Arturo Hernandez-Esquivel, 38, an illegal alien from Mexico, to 70 months in prison for possession with intent to distribute methamphetamine.  Judge Steele ordered that the defendant be delivered to a duly authorized immigration official for possible deportation immediately following the completion of his term of incarceration.  The court also ordered that Hernandez-Esquivel pay a $100 special assessment and imposed a term of supervised release of five years.       

On January 10, 2017, Alabama State Trooper Joseph Bennett observed a gray Jeep SUV following too close behind a commercial vehicle on 1-65 southbound in Baldwin County, Alabama.  Trooper Bennett pulled over the vehicle.  Hernandez-Esquivel was the driver and sole occupant.  Hernandez-Esquivel gave the trooper verbal and written consent to search the vehicle.  Law enforcement officials found approximately 478.5 grams of methamphetamine (actual) concealed in the vehicle. 

In February 2017, a federal grand jury for the Southern District of Alabama charged Hernandez-Esquivel with one count of possession with intent to distribute methamphetamine in violation of 21 USC § 841(a)(1).  On May 11, 2017, the defendant pled guilty to the offense before Judge Steele. 

The Drug Enforcement Administration and the Alabama Law Enforcement Agency investigated the case.  Assistant United States Attorney Sinan Kalayoglu prosecuted the case.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Senior United States District Court Judge, William H. Steele, sentenced Destina Yetta Parker aka Desinta Yetta Parker on August 22, 2017 to serve a term of five (5) years on probation.  The defendant pled guilty on April 25, 2017 to the charges of Aiding and Assisting the Preparation of a False or Fraudulent Return Statement in violation of 26 USC § 7206(2) and Willfully Failing to File a Tax Return in violation of 26 USC § 7203.  Judge Steele ordered the defendant to pay restitution in the amount of $66,928.00, as a condition of her probation. 

The investigation revealed that the defendant, who is a registered tax preparer, electronically filed seventeen income tax returns with unverifiable Household Help (HSH) income for the tax years 2011 and 2012.  Most of the returns reported just enough unverifiable HSH income to qualify for the maximum amount of Earned Income Credit and thus receive a larger income tax refund.  Special Agents of the Internal Revenue Service learned from the defendant’s clients that many of the clients were unaware of HSH income.  Some of the clients admitted that they never performed the work indicated on their tax returns.  The defendant failed to file a personal income tax return for the tax year 2013.

The case was investigated by the Department of the Treasury, Internal Revenue Service (IRS), Criminal Investigation Division.  The case was prosecuted by Assistant United States Attorneys Lawrence J. Bullard and Michael D. Anderson for the United States Attorney’s Office for the Southern District of Alabama.
 

The Acting United States Attorney Steve Butler announces that Ramiro Enriquez-Olivares, an 18 year old, resident of Robertsdale, Alabama was sentenced today to 60 months incarceration followed by two years of supervised release for possession of firearms in furtherance of a drug trafficking crime.  The sentencing judge ordered that Mr. Enriquez-Olivares be turned over to immigration authorities upon completion of his sentence for deportation proceedings.  

On May 16, 2017, Mr. Enriquez-Olivares pled guilty to possession of four firearms when possessing with intent to distribute approximately seven ounces of marijuana.

Department of Homeland Security/Immigration and Customs Enforcement along with the Baldwin County, Alabama Sheriff’s Office investigated the case and presented it to the U. S. Attorney's Office for prosecution.  The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces today that Justin Wayne Pierce of Semmes, Alabama was sentenced to 63 months imprisonment. Pierce’s sentencing followed entry of a April 2017 guilty plea to a charge of prohibited person in possession of a firearm. In imposing the sentence Chief United States District Court Judge Kristi K. Dubose found that Pierce was in the highest criminal history category due to his prior criminal convictions. Pierce’s criminal history includes prior convictions in Mobile County for Possession/Receipt of a Controlled Substance, Breaking and Entering a Motor Vehicle, and Burglary, Second Degree. Pierce’s guilty plea included his admission that on September 12, 2016, he was in knowing possession of three firearms which had been recently stolen in a residential burglary.

Possession of a firearm by a prohibited person, in this instance a convicted felon, is a violation of Title 18, United States Code Section 922(g)(1). Pierce’s term of imprisonment will be followed by a three (3) year term of supervised release.

This case arose from a collaborative investigation by the Jackson, Alabama Police Department, the Clarke County Sheriff’s Office, and the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.

The Acting United States Attorney Steve Butler announces that Collie Bo Young Evans, Jr, a 34 year old, resident of Eight Mile, Alabama was sentenced today to 18 months incarceration followed by three years of supervised release for possession with intent to distribute 25.66 kilograms of marijuana.  

On July 20, 2017, Mr. Evans pled guilty to possession with intent to distribute 25.66 kilograms of marijuana.  Evans intended to sell the marijuana for $48,000.00 during an undercover sting operation.  He was arrested when he arrived at the buy location in a Camry with two large garbage bags filled with 58 individually packaged bags of marijuana and $1,081 in U.S. Currency in his front pocket.

The Mobile, Alabama Police Department investigated the case and presented it to the United States Attorney's Office for prosecution.  Assistant United States Attorney, Gina S. Vann was the prosecutor assigned to the case.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that in a trial before Chief United States District Court Judge Kristi K. DuBose, a jury convicted Dustin McLellan of violating 18 USC 922(g), felon in possession of a firearm.

Testimony at trial showed that on or about March 22, 2017, at approximately 12:30 p.m., police officers from the Brewton Police Department, Narcotics Division were patrolling the area of Fleming Lane in Brewton, Alabama. While in the area, the police observed a Chevrolet Corvette parked in the wooded area. The vehicle was backed in with the front of the vehicle pointed out toward Fleming Lane. The testimony at trial was that the police know this area is frequently the site of illegal drug activity. After all the area is secluded with very few residences. The presence of the vehicle parked in the area was suspicious to police.

As the police approached the vehicle, they observed a white male passed out in the driver’s seat. The police announced their presence and knocked on the window of the vehicle. At that time, the police observed a plastic bag containing a clear, crystal like substance in the male’s lap that the police believed to be methamphetamine. The police conducted a field test and the substance was confirmed to be methamphetamine. In addition, the police observed a glass pipe on the floorboard of the vehicle near the defendant’s feet. The male was ordered to place both of his hands on the steering wheel, and not to move.

It was then that the police observed a handgun in the center console of the vehicle. It was adjacent to the parking brake. The United States and the defendant stipulated that the defendant was a convicted felon and that the firearm had travelled in or affected interstate commerce.

The Brewton Police Department and the Federal Bureau if the Investigation investigated this case and it was prosecuted by the United States Attorney’s Office.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that United States District Court Chief Judge Kristi K. DuBose sentenced Sophia McGadney on August 4, 2017 to 5 years on probation and ordered her to pay the total amount of loss for the theft. McGadney was charged with violating 18 USC § 641, Theft of Government Funds.

Sophia McGadney’s grandfather, an Armed Services veteran, earned veteran benefits that were continued on to his surviving spouse, Ms. McGadney’s grandmother, upon his death. The funds were directly deposited into a bank account that Ms. McGadney shared with her grandmother.

Upon her grandmother’s death, Ms. McGadney did not inform the Department of Veteran Affairs, and continued to receive the funds. Ms. McGadney transferred the funds each month, from the account she held jointly with her grandmother, to another bank account that she opened as the sole account holder. She continued to receive the funds for five years, resulting in the total theft of

$ 103,113.00.

The Veteran Affairs Office of the Inspector General investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced today that U.S. District Judge William H. Steele sentenced Carolyn Dortch, 54, of Atmore, Alabama, to five years of probation for embezzling funds from the Poarch Band of Creek Indians.  The Court ordered that Dortch serve the first six months of her sentence on home confinement with electronic monitoring and imposed a credit restriction.  The court also ordered Dortch to make restitution totaling $502,173.35 and to pay a $100 special assessment. 

From around 2010 until October 2016, Dortch was employed as the Senior Services Director for the Poarch Band of Creek Indians.  She led the Seniors Active in Learning Center, which provided numerous activities for seniors such as meals on wheels, games, crafts, and trips.  Dortch was responsible for purchasing food and supplies and for handling tribal money on senior trips.  In October 2016, the tribe discovered Dortch had been misusing her position of employment and submitting falsified receipts representing fictitious purchases.  An investigation revealed that Dortch had been embezzling funds from the tribe and using these funds for personal gain.  

In January 2017, the United States Attorney for the Southern District of Alabama charged Dortch in a one-count information, alleging that over a four-year period ending in 2016, Dortch embezzled tribal funds.  On February 23, 2017, Dortch pled guilty to the offense in a hearing before Judge Steele.   

The Federal Bureau of Investigation investigated the case.  Assistant United States Attorney Sinan Kalayoglu prosecuted the case.

The Acting United States Attorney Steve Butler announces that Eric A. Banks, a 25 year old, resident of Mobile, Alabama was sentenced today to 60 months incarceration followed by five years of supervised release for use of a firearm in furtherance of a drug trafficking crime.

On April 20, 2017, Mr. Banks pled guilty to use of a firearm in furtherance of his drug trafficking crime after being caught with a loaded 9mm Glock pistol. Banks was in a vehicle with the pistol and approximately 443 grams of marijuana packaged in individual quantities for sale.

The Drug Enforcement Administration and the Alabama Law Enforcement Association investigated the case and presented it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Roosevelt Jones, 52, of Selma, was sentenced today in federal court on charges involving his illegal possession of a firearm. Jones has three prior convictions for being a felon in possession of a firearm in federal court. Jones was serving concurrent terms of supervised release from his two most recent convictions of illegally possessing firearms when he was arrested on the event that resulted in the current prosecution. Jones was stopped by a state trooper in Dallas County when he attempted to avoid a driver’s license checkpoint. The trooper noticed that he had a gun on the back seat of his vehicle and determined that Jones had criminal history. Jones was indicted in February of 2017 on the charges in the current case, and he pled guilty to them in April of 2017.

United States District Court Judge Kristi K. Dubose imposed a sentence of 21 months imprisonment, to be followed by a three year term of supervised release. She also revoked his concurrent terms of supervised release on the old cases and ordered a six-month term of imprisonment, to run concurrently with the sentence in the current case. The judge did not impose a fine, but ordered that Jones pay $100 in special assessments.

The case was investigated by the Alabama Law Enforcement Agency (Alabama State Troopers) and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

An Evergreen, Alabama, teacher was sentenced to 27 years in prison for production of child pornography, possession of child pornography, and travel in foreign commerce for the purpose of engaging in illicit sexual conduct with a minor.

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Steve Butler of the Southern District of Alabama made the announcement.

Clarence Edward “Bud” Evers Jr., 54, pleaded guilty before U.S. District Judge Kristi DuBose of the Southern District of Alabama on April 14. Evers was employed as a technology teacher with the Conecuh County, Alabama, Board of Education at the time of his arrest on Feb. 11, 2016, and has been in custody since that time.

According to admissions in connection with his plea, at least as early as 1999, and on each of his summer breaks from 2010 through 2014, Evers traveled to Thailand. While in Thailand, Evers paid minor boys as young as thirteen years old to engage in illicit sexual conduct and took sexually explicit photographs of them. In addition, Evers admitted that he had other images and videos of child sexual exploitation on his electronic devices, as well as substantial amounts of encrypted data that was inaccessible to investigators.

Evers was sentenced on July 14. Evers’s sentence will be followed by a lifetime of supervised release, and he was further ordered to pay $50,000 in restitution and a $5,000.00 fine.

Trial Attorney Jessica Urban of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Sean Costello and Maria Murphy of the Southern District of Alabama prosecuted the case. U.S. Customs and Immigration Enforcement’s Homeland Security Investigations investigated the case with substantial assistance from CEOS’s High Technology Investigative Unit.

This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Senior U.S. District Judge Callie V.S. Granade sentenced Kevin James Webster, 35, to 110 months imprisonment for being a felon in possession of a firearm.  Judge Granade also ordered that Webster receive three years of supervised release upon completing his prison term, undergo substance abuse testing, and pay a $100 special assessment.

On November 28, 2016, a Selma police officer responded to a home in Selma regarding a citizen complaint of a suspicious vehicle at the home.  Upon arrival, the officer saw a blue GMC Yukon backed into the home’s driveway with its headlights off and the engine running.  The officer noticed that the driver, later identified as Webster, was asleep and alone in the vehicle.  The officer could smell marijuana emanating from the vehicle.  After finding marijuana in Webster’s possession, the officer subsequently arrested Webster.  During a post-arrest inventory of the vehicle, law enforcement officials recovered ten clear bags of marijuana from the front seat floorboard, a .45- caliber Llama Gabilondo y Cia Vitoria pistol under the front bench seat next to the driver, a digital scale, a small bag of cocaine, a mechanical scale, a box of clear sandwich bags, and approximately $659 in cash. The firearm was loaded with a magazine containing nine rounds of .45-caliber ammunition and one round of ammunition loaded in the firearm’s chamber.  Before his November 2016 arrest, Webster had eleven felony convictions.   

In January 2017, a federal grand jury for the Southern District of Alabama indicted Webster on two counts of firearms violations.  Count 1 charged him with being a felon in possession of a firearm.  Count 2 charged him with possessing a firearm in furtherance of a drug trafficking crime.  On March 20, 2017, the defendant pled guilty to Count 1. 

The DEA and the Selma Police Department investigated the case.  Assistant United States Attorney Sinan Kalayoglu prosecuted the case.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Clarence Edward Evers, Jr., also known as Bud Evers, 54, of Evergreen, Alabama, was sentenced today to 27 years in prison. Evers pled guilty in April to charges that he produced child pornography, possessed child pornography, and traveled in foreign commerce with the intent to engage in illicit sexual conduct.

Evers was also sentenced to be supervised by the United States Probation Office for the rest of his life,  and will be required to register as a sex offender. The Court also ordered that Evers pay $50,000 in restitution and a fine of $5,000.00.

Evers, previously employed as a technology teacher at Hillcrest High School in Conecuh County, admitted in documents filed as part of his guilty plea that he traveled each summer to Thailand, where he paid minor boys as young as thirteen to engage in illicit sexual conduct and that he took sexually explicit photographs of boys. One of the victims, then a 15-year old boy, made a report about being paid approximately $22 by Evers to engage in sex acts with him, and witnessing Evers engage in sex acts with another boy. Evers was identified through Facebook communications he had with the boy, and a search warrant was executed at Evers’s home in Evergreen on April 1, 2015. A substantial amount of child pornography, including videos and photographs of boys engaged in sexually explicit conduct, was recovered from Evers’s home.  Although Evers had encrypted many of his electronic devices, the unencrypted data showed that Evers had accessed, downloaded, and produced child pornography.  Evidence collected during the investigation also showed that, for years, Evers had discussed and coordinated his travel to and within Thailand with other men interested in engaging in commercial sex acts with boys in that country.

Acting United States Attorney Butler said, “Predators who exploit children will be aggressively investigated, pursued, and prosecuted, wherever they are. I commend the hard work and dedication of the many agents, analysts, support personnel, and lawyers from Mobile to New Orleans to Evergreen to Washington to Bangkok who sought justice for these victims. The Department of Justice remains steadfast in its commitment to protect children everywhere from criminals who would exploit them for their own gratification.”

“HSI will tirelessly work to investigate and bring to justice anyone who thinks they can get away with preying upon our children for their own sexual gratification” said Raymond R. Parmer, Jr. “This case highlights the exceptional commitment and devotion of the men and women who pursue the perpetrators of these depraved crimes every day.” Parmer is the Special Agent in Charge of the New Orleans field office with responsibility for Alabama, Arkansas, Louisiana, Mississippi, and Tennessee.

The case was investigated by the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) and prosecuted by Assistant United States Attorneys Sean P. Costello and Maria E. Murphy, and Trial Attorney Jessica Urban of the Department of Justice’s Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Substantial additional investigation and analysis were provided by CEOS’s High Technology Investigative Unit.

This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

WASHINGTON – Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists. 

Attorney General Sessions and Secretary Price were joined in the announcement by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Director Andrew McCabe of the FBI, Acting Administrator Chuck Rosenberg of the Drug Enforcement Administration (DEA), Inspector General Daniel Levinson of the HHS Office of Inspector General (OIG), Chief Don Fort of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Deputy Director Kelly P. Mayo of the Defense Criminal Investigative Service (DCIS).

Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG.  In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units. 

The charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 91 Americans die every day of an opioid related overdose.  

“Too many trusted medical professionals like doctors, nurses, and pharmacists have chosen to violate their oaths and put greed ahead of their patients,” said Attorney General Sessions. “Amazingly, some have made their practices into multimillion dollar criminal enterprises. They seem oblivious to the disastrous consequences of their greed. Their actions not only enrich themselves often at the expense of taxpayers but also feed addictions and cause addictions to start. The consequences are real: emergency rooms, jail cells, futures lost, and graveyards.  While today is a historic day, the Department's work is not finished. In fact, it is just beginning. We will continue to find, arrest, prosecute, convict, and incarcerate fraudsters and drug dealers wherever they are.”

“Healthcare fraud is not only a criminal act that costs billions of taxpayer dollars - it is an affront to all Americans who rely on our national healthcare programs for access to critical healthcare services and a violation of trust,” said Secretary Price. “The United States is home to the world’s best medical professionals, but their ability to provide affordable, high-quality care to their patients is jeopardized every time a criminal commits healthcare fraud. That is why this Administration is committed to bringing these criminals to justice, as President Trump demonstrated in his 2017 budget request calling for a new $70 million investment in the Health Care Fraud and Abuse Control Program. The historic results of this year’s national takedown represent significant progress toward protecting the integrity and sustainability of Medicare and Medicaid, which we will continue to build upon in the years to come.”

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims.  Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.

“This week, thanks to the work of dedicated investigators and analysts, we arrested once-trusted doctors, pharmacists and other medical professionals who were corrupted by greed,” said Acting Director McCabe. “The FBI is committed to working with our partners on the front lines of the fight against heath care fraud to stop those who steal from the government and deceive the American public.”

“Health care fraud is a reprehensible crime.  It not only represents a theft from taxpayers who fund these vital programs, but impacts the millions of Americans who rely on Medicare and Medicaid,” said Inspector General Levinson. “In the worst fraud cases, greed overpowers care, putting patients’ health at risk. OIG will continue to play a vital leadership role in the Medicare Fraud Strike Force to track down those who abuse important federal health care programs.”

“Our enforcement actions underscore the commitment of the Defense Criminal Investigative Service and our partners to vigorously investigate fraud perpetrated against the DoD's TRICARE Program. We will continue to relentlessly investigate health care fraud, ensure the taxpayers' health care dollars are properly spent, and endeavor to guarantee our service members, military retirees, and their dependents receive the high standard of care they deserve,” advised Deputy Director Mayo.

“Last year, an estimated 59,000 Americans died from a drug overdose, many linked to the misuse of prescription drugs. This is, quite simply, an epidemic,” said Acting Administrator Rosenberg. “There is a great responsibility that goes along with handling controlled prescription drugs, and DEA and its partners remain absolutely committed to fighting the opioid epidemic using all the tools at our disposal.”

“Every defendant in today’s announcement shares one common trait - greed,” said Chief Fort. “The desire for money and material items drove these individuals to perpetrate crimes against our healthcare system and prey upon many of the vulnerable in our society.  Thanks to the financial expertise and diligence of IRS-CI special agents, who worked side-by-side with other federal, state and local law enforcement officers to uncover these schemes, these criminals are off the street and will now face the consequences of their actions.”

The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

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For the Strike Force locations, in the Southern District of Florida, a total of 77 defendants were charged with offenses relating to their participation in various fraud schemes involving over $141 million in false billings for services including home health care, mental health services and pharmacy fraud.  In one case, the owner and operator of a purported addiction treatment center and home for recovering addicts and one other individual were charged in a scheme involving the submission of over $58 million in fraudulent medical insurance claims for purported drug treatment services. The allegations include actively recruiting addicted patients to move to South Florida so that the co-conspirators could bill insurance companies for fraudulent treatment and testing, in return for which, the co-conspirators offered kickbacks to patients in the form of gift cards, free airline travel, trips to casinos and strip clubs, and drugs.

In the Eastern District of Michigan, 32 defendants face charges for their alleged roles in fraud, kickback, money laundering and drug diversion schemes involving approximately $218 million in false claims for services that were medically unnecessary or never rendered.  In one case, nine defendants, including six physicians, were charged with prescribing medically unnecessary controlled substances, some of which were sold on the street, and billing Medicare for $164 million in facet joint injections, drug testing, and other procedures that were medically unnecessary and/or not provided.

In the Southern District of Texas, 26 individuals were charged in cases involving over $66 million in alleged fraud. Among these defendants are a physician and a clinic owner who were indicted on one count of conspiracy to distribute and dispense controlled substances and three substantive counts of distribution of controlled substances in connection with a purported pain management clinic that is alleged to have been the highest prescribing hydrocodone clinic in Houston, where approximately 60-70 people were seen daily, and were issued medically unnecessary prescriptions for hydrocodone in exchange for approximately $300 cash per visit. 

In the Central District of California, 17 defendants were charged for their roles in schemes to defraud Medicare out of approximately $147 million. Two of these defendants were indicted for their alleged involvement in a $41.5 million scheme to defraud Medicare and a private insurer. This was purportedly done by submitting fraudulent claims, and receiving payments for, prescription drugs that were not filled by the pharmacy nor given to patients. 

In the Northern District of Illinois, 15 individuals were charged in cases related to six different schemes concerning home health care services and physical therapy fraud, kickbacks, and mail and wire fraud.  These schemes involved allegedly over $12.7 million in fraudulent billing. One case allegedly involved $7 million in fraudulent billing to Medicare for home health services that were not necessary nor rendered.

In the Middle District of Florida, 10 individuals were charged with participating in a variety of schemes involving almost $14 million in fraudulent billing.  In one case, three defendants were charged in a $4 million scheme to defraud the TRICARE program.  In that case, it is alleged that a defendant falsely represented himself to be a retired Lieutenant Commander of the United States Navy Submarine Service. It is alleged that he did so in order to gain the trust and personal identifying information from TRICARE beneficiaries, many of whom were members and veterans of the armed forces, for use in the scheme.

In the Eastern District of New York, ten individuals were charged with participating in a variety of schemes including kickbacks, services not rendered, and money laundering involving over $151 million in fraudulent billings to Medicare and Medicaid.  Approximately $100 million of those fraudulent billings were allegedly part of a scheme in which five health care professionals paid illegal kickbacks in exchange for patient referrals to their own clinics.

In the Southern Louisiana Strike Force, operating in the Middle and Eastern Districts of Louisiana as well as the Southern District of Mississippi, seven defendants were charged in connection with health care fraud, wire fraud, and kickback schemes involving more than $207 million in fraudulent billing. One case involved a pharmacist who was charged with submitting and causing the submission of $192 million in false and fraudulent claims to TRICARE and other health care benefit programs for dispensing compounded medications that were not medically necessary and often based on prescriptions induced by illegal kickback payments.

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In addition to the Strike Force locations, today’s enforcement actions include cases and investigations brought by an additional 31 U.S. Attorney’s Offices, including the execution of search warrants in investigations conducted by the Eastern District of California and the Northern District of Ohio.

In the Northern and Southern Districts of Alabama, three defendants were charged for their roles in two health care fraud schemes involving pharmacy fraud and drug diversion.

In the Eastern District of Arkansas, 24 defendants were charged for their roles in three drug diversion schemes that were all investigated by the DEA.

In the Northern and Southern Districts of California, four defendants, including a physician, were charged for their roles in a drug diversion scheme and a health care fraud scheme involving kickbacks.

In the District of Connecticut, three defendants were charged in two health care fraud schemes, including a scheme involving two physicians who fraudulently billed Medicaid for services that were not rendered and for the provision of oxycodone with knowledge that the prescriptions were not medically necessary. 

In the Northern and Southern Districts of Georgia, three defendants were charged in two health care fraud schemes involving nearly $1.5 million in fraudulent billing.

In the Southern District of Illinois, five defendants were charged in five separate schemes to defraud the Medicaid program.

In the Northern and Southern Districts of Indiana, at least five defendants were charged in various health care fraud schemes related to the unlawful distribution and dispensing of controlled substances, kickbacks, and services not rendered.

In the Southern District of Iowa, five defendants were charged in two schemes involving the distribution of opioids. 

In the Western District of Kentucky, 11 defendants were charged with defrauding the Medicaid program.  In one case, four defendants, including three medical professionals, were charged with distributing controlled substances and fraudulently billing the Medicaid program.

In the District of Maine, an office manager was charged with embezzling funds from a medical office.

In the Eastern and Western Districts of Missouri, 16 defendants were charged in schemes involving over $16 million in claims, including 10 defendants charged as part of a scheme involving fraudulent lab testing.

In the District of Nebraska, a dentist was charged with defrauding the Medicaid program. 

In the District of Nevada, two defendants, including a physician, were charged in a scheme involving false hospice claims. 

In the Northern, Southern, and Western Districts of New York, five defendants, including two physicians and two pharmacists, were charged in schemes involving drug diversion and pharmacy fraud.

In the Southern District of Ohio, five defendants, including four physicians, were charged in connection with schemes involving $12 million in claims to the Medicaid program.

In the District of Puerto Rico, 13 defendants, including three physicians and two pharmacists, were charged in four schemes involving drug diversion, Medicaid fraud, and the theft of funds from a health care program.

In the Eastern District of Tennessee, three defendants were charged in a scheme involving fraudulent billings and the distribution of opioids.

In the Eastern, Northern, and Western Districts of Texas, nine defendants were charged in schemes involving over $42 million in fraudulent billing, including a scheme involving false claims for compounded medications. 

In the District of Utah, a nurse practitioner was charged in connection with fraudulently obtaining a controlled substance, tampering with a consumer product, and infecting over seven individuals with Hepatitis C. 

In the Eastern District of Virginia, a defendant was charged in connection with a scheme involving identify theft and fraudulent billings to the Medicaid program.

In addition, in the states of Arizona, Arkansas, California, Delaware, Illinois, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, New York, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont and Washington, 96 defendants have been charged in criminal and civil actions with defrauding the Medicaid program out of over $31 million. These cases were investigated by each state’s respective Medicaid Fraud Control Units. In addition, the Medicaid Fraud Control Units of the states of Alabama, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Nebraska, New York, North Carolina, Ohio, Texas, and Utah participated in the investigation of many of the federal cases discussed above.

The cases announced today are being prosecuted and investigated by U.S. Attorney’s Offices nationwide, along with Medicare Fraud Strike Force teams from the Criminal Division’s Fraud Section and from the U.S. Attorney’s Offices of the Southern District of Florida, Eastern District of Michigan, Eastern District of New York, Southern District of Texas, Central District of California, Eastern District of Louisiana, Northern District of Texas, Northern District of Illinois and the Middle District of Florida; and agents from the FBI, HHS-OIG, Drug Enforcement Administration, DCIS and state Medicaid Fraud Control Units.

A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty.

Additional documents related to this announcement will shortly be available here: https://www.justice.gov/opa/documents-and-resources-july-13-2017.

This operation also highlights the great work being done by the Department of Justice’s Civil Division.  In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2.5 billion in judgements and settlements related to matters alleging health care fraud. 

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Karen Hill, the former Insys Therapeutics Regional Manager for the southeastern United States, has pled guilty to conspiring to pay illegal kickbacks to doctors in exchange for their prescribing the instant-release fentanyl drug Subsys.

In June 2012, Karen Hill was hired by Insys Therapeutics to be a sales representative in Florida for the instant-release fentanyl drug Subsys.  Prior to coming to Insys, Hill was a sales representative for Cephalon, Inc. where she gained experience selling another instant-release fentanyl drug under the brand name Actiq.  During the course of her employment at Cephalon, Cephalon agreed to pay $425 million to the Department of Justice to resolve allegations of illegal marketing practices involving Actiq.

Subsys is only FDA approved for “the management of breakthrough pain in cancer patients 18 years of age and older who are already receiving and who are tolerant to opioid therapy for their underlying persistent cancer pain.”  Despite this very limited FDA indication, Insys initially tasked Hill with getting pain management doctors in Florida to prescribe Subsys to their patients.  As a sales representative, Hill was initially responsible for working directly with doctors in Florida, particularly in the Jacksonville, Tampa, Orlando, and Miami metro areas.

During her time as a sales representative, Hill taught other sales representatives how to entice doctors to prescribe Subsys.  In one recorded conversation, Hill told another sales representative that the key to getting doctors to prescribe Subsys was not selling them on the drug itself, but rather finding out what motivated the doctor.  She gave examples that some of her doctors were motivated by money, chocolate, and spending time with her.  When the sales representative asked Hill how to identify doctors who were financially motivated to prescribe Subsys, Hill explained that she looks for doctors that are “money hungry,” and went on to describe how to figure out if a doctor has a “light in their eyes” and is willing to “play ball.”

In August 2013, Hill was promoted to be the Insys Regional Director for a territory that covered Florida and Mobile, Alabama.  In this role, she oversaw and facilitated the payment for speaking programs to certain doctors, including Dr. Xiulu Ruan and Dr. John Patrick Couch.    These payments were made as an inducement, and in exchange for, these doctors continuing to prescribe Subsys to their patients.  Hill was a manager at various levels in the southeast region during the rest of her career at Insys.

For certain high prescribing doctors, Hill admitted that she conspired with others within Insys to pay these doctors illegal kickbacks in the form of speaking fees.  The way the scheme worked was that doctors who were prescribing high volumes of Subsys, or those who had the ability to do so in short order, were signed up by Insys as “speakers.”  The doctors would put on short presentations about the drug and then would receive an honorarium ranging typically ranging from $1,600.00 to $3,000.00.  As part of her plea, Hill admitted that the speaking programs were merely a pretext through which Insys could line the pockets of certain doctors.

In February 2017, Dr. Ruan and Dr. Couch, who practiced in Mobile, Alabama, were convicted by a federal jury in Mobile of numerous charges related to their pain management practice, including receiving illegal kickbacks from Insys.  During that trial, former Insys sales representative Natalie Perhacs testified against the doctors.  Prior to her testimony, Perhacs had pled guilty to conspiring to pay illegal kickbacks to Dr. Ruan and Dr. Couch in exchange for their prescribing Subsys.  Dr. Ruan and Dr. Couch were sentenced to 21 years and 20 years in federal prison, respectively.  Perhacs still awaits sentencing. 

Hill is just one of several former Insys employees that have pled guilty to felony charges in several different districts.   She is scheduled to be sentenced in January 2018.

Following Hill’s guilty plea, Acting United States Attorney Steve Butler stated, “This is a very important development in this ongoing case.  Ms. Hill was a high-level manager within Insys, and was a key player in the conspiracy to pay doctors illegal kickbacks in exchange for prescribing Subsys to their patients.  As we saw during the trial of Dr. Ruan and Dr. Couch, Subsys is an extremely potent drug that can have devastating consequences if it is prescribed to patients who should not be taking instant-release fentanyl.”

DEA ASAC, John (Bret) Hamilton, stated, “The evidence was overwhelming that the motivation for this crime was financial gain.  The DEA will continue to target corrupt individuals in the medical industry with vigor.  Americans should not have to worry whether or not their doctors have been influenced to prescribe a life-altering drug without a legitimate need.  They should be able to trust the advice and prescriptions they are given are for their best health, not the financial gain of others.”  

FBI SAC, Rob Lasky stated, “This case is a testament to the dedicated men and women who have investigated and prosecuted this case. This particular case would have placed a strain on any one agency’s resources but with the inter agency cooperation that was so evident here these defendants have been put on notice that this type of behavior in the medical community will not be tolerated.”

This OCDETF case was jointly investigated by the DEA-Mobile and FBI-Mobile, and was prosecuted by Assistant United States Attorneys Christopher Bodnar and Deborah Griffin.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Robert Richey Golden, 63, of Chunchula, was sentenced today in federal court on charges involving his possession of two short-barrel firearms.  Golden, a former Prichard police officer was implicated in state charges involving allegations of assault 2nd, animal cruelty, and intimidation of a witness during August of 2016.  He was taken into state custody at that time, and a search warrant was executed on his residence by the Mobile County Sheriff’s Office.  The two short-barrel firearms were discovered in the search, and the matter was referred to the Bureau of Alcohol, Tobacco, Firearms and Explosives for further investigation. 

Golden was indicted in federal court in September of 2016 on two counts of illegal possession of the unregistered firearms, one for each of the short-barrel firearms.  He pled guilty to the charges in December of 2016.  United States District Court Judge Kristi K. Dubose imposed a sentence of 6 months this afternoon after a lengthy sentencing hearing.  She ordered that Golden will serve a three-year term of supervision following his release from imprisonment.  She further ordered that he pay $200 in special mandatory assessments but did not impose a fine. 

The case was investigated by the Mobile County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Dereke Lamar Collins Carroll, 27, of Daphne, was sentenced today in federal court on charges involving his illegal possession of marijuana and ammunition.  The federal indictment alleged that Carroll was previously convicted of two felony drug charges, and that he was found in possession of both crack cocaine and marijuana with the intent to distribute them.  Court documents reflect that a Daphne police officer observed Carroll speeding in the Lake Forest subdivision.  The officer pursued Carroll , who attempted to elude the officer until he turned into a cul de sac.  Carroll jumped out of the car while it was still moving and ran between two houses, climbing two fences to avoid apprehension.  He was caught and the police found a pink bag he discarded as he jumped one of the fences.  Law enforcement recovered crack cocaine, marijuana, a marijuana grinder, a box of plastic bags used to package drugs, and a handgun magazine located with 10 rounds of 9 mm cartridges.  Carroll’s wallet contained his identification and $435 in cash.  In March of 2017, Carroll pled guilty to the count charging possession with intent to distribute marijuana and his illegal possession of the ammunition as a convicted felon.

Senior District Court Judge Callie V. S. Granade sentenced Carroll this morning to 130 months imprisonment, consisting of 60 months on the drug count and 70 months on the gun count, and ordered that they be served consecutively.  The judge also ordered that Carroll will serve three years on supervised release following his release from imprisonment.  She also ordered that Carroll undergo drug abuse treatment while in custody and when he is released on supervision.  No fine was imposed, but the judge ordered that Carroll pay the special mandatory assessments of $200. 
 
The case was investigated by the Daphne Police Department and the Federal Bureau of Investigations.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Elyric Nathaniel Singleton, III was sentenced today by Senior United States District Judge Granade to 97 months in federal prison for his role in nine pharmacy burglaries.

Singleton entered a guilty plea to conspiracy to possess with intent to distribute Controlled Substances. He admitted in his plea agreement that on May 21, 2016, he and another individual entered Jim's Drug Store, in Lucedale, Mississippi by breaking through the front door, and that they attempted to steal Controlled Substances. Patrol units in the area heard an audible alarm coming from the pharmacy and pulled into the parking lot. Singleton and the other individual observed the patrol units and fled the building by breaking out the drive-thru window with a crowbar. They left a box they had filled with Controlled Substances from the pharmacy on the floor of the pharmacy in their haste to flee. Both Singleton and the other individual eluded capture at that time. Officers located a 2015 Dodge Journey vehicle parked behind the drug store with a T-shirt covering the tag.

An Investigator with the Lucedale Police Department collected a blue crowbar, discarded behind the pharmacy, and obtained a search warrant for the Dodge Journey. The Investigator located identification for two individuals, Singleton and the other individual, in the Dodge. Officers also located empty Walmart bags in the Dodge, which contained Walmart price tags. The price tags were from purchases at a Walmart in Mobile, Alabama. Video of the purchases showed Singleton and the other individual making purchases of clothing from Wal-Mart. The items purchased included clothing, which matched certain clothing worn by Singleton and the other individual during the Lucedale burglary. Business records from Hertz Rental Cars show Singleton had rented the Dodge in Mobile, Alabama on May 20, 2016.

Singleton also admitted that on March 3, 2016, prior to the Mississippi burglary, he and the other individual committed pharmacy burglaries in both Opp and Elba, Alabama. On April 2, 2016, Singleton and the other individual committed pharmacy burglaries in both Auburn and Wetumpka, Alabama, and an attempted burglary in Opelika, Alabama. On April 4, 2016, three similar pharmacy burglaries were committed by Singleton and the other individual in the Mobile, Alabama and Florida panhandle area. In each burglary, Singleton and the other individual, stole or attempted to steal Controlled Substances from the pharmacies.

Singleton rented at least twelve vehicles in his name between January 1, 2016 and May 21, 2016. Singleton rented some of the vehicles in Houston, Texas, some in Chicago, Illinois, and one in Mobile, Alabama. Singleton’s cell phone showed texts to several individuals, during the period of the burglaries, notifying the text recipients there were pills available and the price of the pills. Phone data, from February 26, 2016, thru September May 20, 2016, was located on Singleton’s cell phone showing SMS messages sent and received which indicated Singleton utilized the phone to facilitate the distribution of quantities of prescription medications, which were Controlled Substances.

Acting United States Attorney Steve Butler said, “The theft of prescription drugs is a reprehensible act, particularly in the height of this ongoing opioid crisis. Not only do the stolen prescription drugs cost the pharmacy thousands of dollars to replace, but the stolen drugs also fuel the drug habits of those addicted to prescription medication. Mr. Singleton’s actions were reprehensible, and we are pleased that Judge Granade sentenced him to a lengthy stay in federal prison.”

“This investigation highlights the impact multiple agencies can have when they join forces. We will continue to work together with our local law enforcement partners and pursue those who threaten our communities through their criminal activities. The successful prosecution of this individual should put others who engage in this type of activity on notice,” stated Stephen G. Azzam, Special Agent in Charge of the DEA’s New Orleans Field Division.

The DEA in Mobile, along with the Baldwin County, Alabama Sheriff’s Office investigated this matter. The Lucedale, Mississippi Police Department; the Opp, Opelika, and Wetumpka, Alabama Police Departments; the Escambia County Florida Sheriff’s Office, and the Robertsdale, Alabama Police Department, along with the Auburn Department of Public Safety assisted in the investigation. Assistant U.S. Attorneys Deborah Griffin and Christopher Bodnar prosecuted the case.

Steve Butler, Acting United States Attorney for the Southern District of Alabama, announced that Sam Wesley Conaway, 49, of Citronelle, was sentenced today to 210 months in prison for possession and transportation of child pornography. Conaway entered a guilty plea to both charges in March and was sentenced by Senior United States District Judge Callie V.S. Granade.

Documents filed with Conaway’s guilty plea show that he uploaded 58 videos to a remote internet file storage service, and that the videos contained child pornography involving victims that appeared to be from 2 to 14 years of age. Separately, law enforcement agents received information that Conaway was engaged in sexually explicit online chats with girls as young as 14. Conaway was a registered sex offender as a result of a 1998 conviction for child molestation in Georgia. Following a search warrant at his home, agents recovered several hundred videos and images of child pornography.

Following his release from prison, Conaway will be supervised by the United States Probation Office for the rest of his life. Conaway will also be required to maintain his registration as a sex offender.

The case was investigated by the Alabama Law Enforcement Agency (ALEA) and the Federal Bureau of Investigation (FBI), and was prosecuted by Assistant United States Attorney Sean P. Costello. It was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that United States District Court Judge William H. Steele sentenced border patrol officer Frank Peter Salamone and his wife Heather Turner Salamone on July 6, 2017.  They were both to serve a term of imprisonment of time served followed by 3 years of supervised release for the conspiracy to illegally import Methylphenidate (Ritalin) into the United States in violation of 21 U.S.C. § 963.

In October 2015, Homeland Security Investigations and the United States Postal Inspection Service began an investigation into an organization that was smuggling Methylphenidate (Ritalin) pills into the United States from Mexico.  During the investigation, it was revealed that both defendants, made several wire transactions totaling approximately $12,000.00 to a third co-defendant, Marangely Conde for the purposes of purchasing the Methylphenidate Hydrochloride (Ritalin) from Mexico.  After receiving the payments, Conde crossed the border into Mexico to procure the Ritalin and illegally smuggle the narcotics back into the United States and then ship the narcotics via U.S. mail to the defendants who resided in Mississippi.  Consequently, federal authorities were able to intercept and track the illegal shipments of Ritalin and discovered that the address in Mississippi belonged to Frank Peter Salamone, was an employee of a United States Border Patrol.  The defendants previously entered their guilty pleas before the Court on March 27, 2017.  The third co-defendant, Marangely Conde, entered a guilty plea on March 24, 2017, and is scheduled to be sentenced on July 27, 2017.

The case was investigated by the United States Department of Homeland Security, Homeland Security Investigations, and the United States Postal Inspection Service.  The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, Assistant United States Attorney George F. May and Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Rafael Tellez-Tijernia, 39, a citizen of Mexico residing in Houston, Texas, was sentenced today in federal court on charges involving his possession with intent to distribute cocaine.  Court documents reflect that Tellez-Tijernia and three others were implicated when Mobile County Street Narcotics Enforcement Team (MCSENT) officers entered a residence on Frieda Avenue in Eight Mile to execute a search warrant in July of 2016.  They found Rafael Tellez-Tijernia and two others in the kitchen of the residence.  Also in the kitchen was approximately two kilograms of cocaine and a firearm.  Tellez-Tijernia initially provided the false name of Juan Carlos Rivas-Rodriguez to the officers.  He pled guilty to the federal charge in March of 2017.

United States District Court Judge William H. Steele sentenced Tellez-Tijernia to 51 months imprisonment.  At the completion of that sentence, he will be delivered to a duly authorized immigration official for deportation.  No fine was imposed.  The judge ordered that Tellez-Tijernia pay the $100 special mandatory assessment. 

The case was investigated by MCSENT and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney Gloria Bedwell prosecuted it in the United States Attorney’s Office.

The U.S. District Court for the Southern District of Alabama entered a consent decree of permanent injunction against defendants Medistat RX LLC (Medistat), Mark D. Acker who served as its Chief Executive Officer, Timothy L. Fickling, who served as its Production Manager, and V. Elaine Waller, who served as its Pharmacist-in-Charge and Quality Manager, the Justice Department announced today. The injunction permanently enjoins the defendants from distributing adulterated, misbranded and unapproved new drugs in violation of the federal Food, Drug, and Cosmetic Act.

The Department filed a complaint in the U.S. District Court for the Southern District of Alabama on May 23, at the request of the U.S. Food and Drug Administration (FDA), alleging that the defendants failed to adequately address insanitary conditions that resulted in contamination in sterile areas of the facility.

According to the complaint, Medistat manufactured, labeled and distributed both sterile and non-sterile drugs. Medistat’s sterile drugs included injectable vitamins and minerals, amino acids, hormones, steroids and vasodilators. The pharmacy distributed drugs to individual patients, surgery centers, and doctors’ offices throughout the United States.

In 2015, the Rhode Island Department of Health notified FDA of an outbreak of Staphylococcus aureus infections potentially linked to drugs manufactured by Medistat. FDA then conducted an inspection. FDA investigators found, from Medistat’s own documents, that the pharmacy itself identified several types of microorganisms in the air and on surfaces used for sterile processing. Yet, according to the complaint, upon identifying the microbial contamination, the defendants failed to adequately investigate or take sufficient corrective action to alleviate the insanitary conditions that resulted in the contamination in the sterile areas of the facility.

“Doctors and patients must be able to rely on the quality of drug products that are purported to be sterile,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “When insanitary conditions are identified in areas where sterile drugs are made, such conditions need to be corrected. The Department of Justice will continue to work actively with FDA to ensure that compounding pharmacies comply with the law and provide safe products to patients.”

According to the complaint, FDA investigators observed a number of insanitary conditions at Medistat, including the continuation of aseptic drug production when significant microbial contamination was present in the aseptic processing areas, and the failure to use sterile wipes to clean critical surfaces in the pharmacy. As noted in the complaint, FDA observed that defendants failed to establish an adequate system for maintaining equipment used to control the aseptic conditions and failed to ensure and validate that drug product containers and closures were adequately sterilized.

The complaint alleged that a 2014 FDA inspection of Medistat also revealed insanitary conditions. For example, FDA observed the pharmacy’s failure to adequately investigate the results of environmental monitoring, which recovered numerous microorganisms, including Penicillium aurantacium and Bacillus cereus, within the aseptic processing area.

“We commend the outstanding work of the FDA and the Justice Department’s Consumer Protection Branch in bringing to light these harmful conditions at Medistat,” said Acting U.S. Attorney Steve Butler for the Southern District of Alabama. “It was shocking to learn that pharmacists in our own district would produce medicines in a contaminated environment, jeopardizing the health and safety of our citizens.”

The defendants agreed to settle the litigation and be bound by a consent decree of permanent injunction. As part of the resolution, the defendants represented that Medistat ceased operations on Sept. 1, 2015. If Medistat seeks to resume manufacturing, holding or distributing drugs, the company must comply with specific remedial measures set forth in the order entered by the Court. In addition, if the individual defendants hold a legal interest or a supervisory or management responsibility at a facility that seeks to manufacture, hold or distribute drugs, they must comply with remedial provisions in the order entered by the district court.

This matter was handled by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch, with the assistance of Associate Chief Counsel for Enforcement Jennifer Argabright of FDA’s Office of General Counsel, Department of Health and Human Services.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Alabama, visit its website at https://www.justice.gov/usao-sdal.

The U.S. District Court for the Southern District of Alabama entered a consent decree of permanent injunction against defendants Medistat RX LLC (Medistat), Mark D. Acker who served as its Chief Executive Officer, Timothy L. Fickling, who served as its Production Manager, and V. Elaine Waller, who served as its Pharmacist-in-Charge and Quality Manager, the Justice Department announced today. The injunction permanently enjoins the defendants from distributing adulterated, misbranded and unapproved new drugs in violation of the federal Food, Drug, and Cosmetic Act.

The Department filed a complaint in the U.S. District Court for the Southern District of Alabama on May 23, at the request of the U.S. Food and Drug Administration (FDA), alleging that the defendants failed to adequately address insanitary conditions that resulted in contamination in sterile areas of the facility.

According to the complaint, Medistat manufactured, labeled and distributed both sterile and non-sterile drugs. Medistat’s sterile drugs included injectable vitamins and minerals, amino acids, hormones, steroids and vasodilators. The pharmacy distributed drugs to individual patients, surgery centers, and doctors’ offices throughout the United States.

In 2015, the Rhode Island Department of Health notified FDA of an outbreak of Staphylococcus aureus infections potentially linked to drugs manufactured by Medistat. FDA then conducted an inspection. FDA investigators found, from Medistat’s own documents, that the pharmacy itself identified several types of microorganisms in the air and on surfaces used for sterile processing. Yet, according to the complaint, upon identifying the microbial contamination, the defendants failed to adequately investigate or take sufficient corrective action to alleviate the insanitary conditions that resulted in the contamination in the sterile areas of the facility.

“Doctors and patients must be able to rely on the quality of drug products that are purported to be sterile,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “When insanitary conditions are identified in areas where sterile drugs are made, such conditions need to be corrected. The Department of Justice will continue to work actively with FDA to ensure that compounding pharmacies comply with the law and provide safe products to patients.”

According to the complaint, FDA investigators observed a number of insanitary conditions at Medistat, including the continuation of aseptic drug production when significant microbial contamination was present in the aseptic processing areas, and the failure to use sterile wipes to clean critical surfaces in the pharmacy. As noted in the complaint, FDA observed that defendants failed to establish an adequate system for maintaining equipment used to control the aseptic conditions and failed to ensure and validate that drug product containers and closures were adequately sterilized.

The complaint alleged that a 2014 FDA inspection of Medistat also revealed insanitary conditions. For example, FDA observed the pharmacy’s failure to adequately investigate the results of environmental monitoring, which recovered numerous microorganisms, including Penicillium aurantacium and Bacillus cereus, within the aseptic processing area.

“We commend the outstanding work of the FDA and the Justice Department’s Consumer Protection Branch in bringing to light these harmful conditions at Medistat,” said Acting U.S. Attorney Steve Butler for the Southern District of Alabama. “It was shocking to learn that pharmacists in our own district would produce medicines in a contaminated environment, jeopardizing the health and safety of our citizens.”

The defendants agreed to settle the litigation and be bound by a consent decree of permanent injunction. As part of the resolution, the defendants represented that Medistat ceased operations on Sept. 1, 2015. If Medistat seeks to resume manufacturing, holding or distributing drugs, the company must comply with specific remedial measures set forth in the order entered by the Court. In addition, if the individual defendants hold a legal interest or a supervisory or management responsibility at a facility that seeks to manufacture, hold or distribute drugs, they must comply with remedial provisions in the order entered by the district court.

This matter was handled by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch, with the assistance of Associate Chief Counsel for Enforcement Jennifer Argabright of FDA’s Office of General Counsel, Department of Health and Human Services.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Alabama, visit its website at https://www.justice.gov/usao-sdal.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Zachery Joseph Cooley, 38, of Mobile, was convicted in federal court on Thursday for conspiracy to possess with intent to distribute methamphetamine, four counts of distribution and possession with intent to distribute methamphetamine, and three counts of illegal weapon possession.  The jury for the trial was selected on Monday, June 26, and the trial commenced on June 27 before Senior District Court Judge Callie V. S. Granade.

The prosecution called 20 witnesses in the two-day trial.  The evidence showed that Cooley came to the attention of law enforcement officers when a search warrant was executed at a residence on Willow Creek Drive in Mobile in February of 2016.  The Mobile Police Narcotics Unit encountered Cooley in the first bedroom, on his knees packaging five ounces of methamphetamine ice into smaller amounts for distribution.  Cooley gave a statement after being advised of his rights that he did not own the methamphetamine ice, but he was a drug dealer and he sold methamphetamine ice to make money to support his daughter.  Others in the house gave statements after being advised of their rights that Cooley had traveled to Mississippi the night before the police searched the house, and he brought the methamphetamine ice into the residence. 

Cooley was arrested again on September 8, 2016, when he brought methamphetamine ice into a hotel room in Tillman’s Corner where a confidential informant was waiting to get the drugs from a supplier.  The informant was equipped with electronic devices to record the activities inside the room, and the video depicted Cooley arriving in the room with the drugs.  Mobile County sheriff’s deputies followed Cooley away from the hotel and stopped him as he pulled into a gas station.  Cooley was armed with a revolver and the marked money used by the informant to buy the drugs was recovered from his person.

Finally, Cooley was again encountered by law enforcement officers, this time the Mobile County Street Enforcement Narcotics Team (MCSENT).  On September 27, 2016, another confidential informant was purchasing methamphetamine from a dealer, who called Cooley to bring the drugs.  The officers confronted the dealer after Cooley left, and the dealer agreed to make another controlled purchase of methamphetamine from Cooley the next day.  On that date, September 28, 2016, Cooley brought the methamphetamine to the dealer turned informant, and the MCSENT officers followed Cooley to arrest him for the distribution of the drugs.  When a marked police car activated its blue lights, Cooley threw two items from his vehicle before he stopped.  MCSENT officers subsequently recovered a brown bag containing methamphetamine, a pipe and a tube used to ingest methamphetamine, baggies and two scales.  They also recovered a gun.  Cooley gave a tape-recorded statement after he was advised of his rights in which he identified several others involved in the methamphetamine distribution business with him, including his suppliers and several local distributors who received meth ice from him.  Four of the people who received meth ice from Cooley testified against him during the trial, each having entered into a plea agreement that provided for cooperation in ongoing drug investigations. 

Thursday, the jury returned guilty verdicts on 8 of 9 counts.  Cooley was acquitted,   on one of the two counts of using and carrying a firearm in relation to a drug trafficking felony.    Judge Granade set sentencing for October 4, 2017 at 9:30 a.m.  Cooley faces a minimum mandatory 10 years to life sentence on the conspiracy charge, and a minimum mandatory consecutive sentence of 5 years on the using and carrying a firearm in relation to a drug trafficking felony count. 

The case was investigated by the Mobile Police Department, MCSENT, the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Byron Chase Williams Champion, 24, of Pine Hill, was sentenced today in federal court on charges involving his theft of weapons and being a prohibited person in possession of firearms.  Court documents show that Champion stole firearms from members of his family.  These firearms were recovered from various pawnshops, one of which was in Pensacola, Florida.  Champion also stole guns from others, some of which were recovered from a pawn shop in Meridian, Mississippi.  The investigation also established that Champion was a marijuana user, and as such, he is prohibited from possessing a firearm under federal law.  Champion pled guilty to the charges in March of 2017.

United States District Court Judge Kristi K. Dubose sentenced to be imprisoned for 18 months, followed by a three-year term of supervised release.  Champion will undergo treatment for drug abuse while in prison and as a condition of his supervised release.  No fine was imposed, however, the judge ordered that Champion pay $200 in special mandatory assessments. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Lance James Heine, 34, of Citronelle, was sentenced today in federal court on charges involving his being a prohibited person in possession of a. firearm.  Court documents show that Heine was involved in a shoot-out in the Pleasant Circle subdivision in Citronelle in May of 2014.   Citronelle police responded and found Heine hiding in some bushes near the McDavid Jones Elementary School.  He was holding a pistol when he was apprehended.  Heine pled guilty to the charges in February of 2017.

United States District Court Judge Kristi K. Dubose sentenced Heine to 24 months in prison, to be followed by a three-year term of supervised release.  Heine will undergo treatment for drug abuse while in prison and as a condition of his supervised release.  No fine was imposed, however,  the judge ordered that Heine pay $100 in special mandatory assessments. 

The case was investigated by the Citronelle Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

Acting United States Attorney Steve Butler of the Southern District of Alabama and Alabama Attorney General Steve Marshall announced today that Dr. Rassan M. Tarabein, 58, a neurologist residing in Fairhope, Alabama, was arrested by law enforcement officials on federal and state criminal charges relating to health care fraud.  On June 16, 2017, a state grand jury in Montgomery County, Alabama returned a 2¬–count indictment against Dr. Tarabein, charging him with Medicaid fraud and theft of property in the first degree.  On June 28, 2017, a federal grand jury for the Southern District of Alabama returned a 22–count superseding indictment against Dr. Tarabein, charging him with health care fraud, making false statements relating to health care matters, lying to a federal agent, unlawfully distributing schedule II controlled substances, and money laundering.  Later today, Dr. Tarabein is scheduled for an initial appearance on the federal charges before United States Magistrate Judge P. Bradley Murray in Mobile, Alabama.  Dr. Tarabein operated the Eastern Shore Neurology and Pain Center, a private clinic in Daphne, Alabama where he provided services relating to neurology and pain management, such as spinal injections. 

Acting United States Attorney Steve Butler stated, “As alleged, this neurologist operated a fraudulent medical practice that for years stole millions of dollars from health care programs and endangered the safety of his patients.  Federal and state investigators have worked diligently to expose the fraud.  Now this physician must face the consequences of his actions.”

Attorney General Marshall stated, “I am pleased to partner with our federal law    enforcement colleagues to protect precious state Medicaid resources.  I hope that this case will serve as a warning to others who might be tempted to steal taxpayer money allocated to protect our most vulnerable citizens.”

Federal Bureau of Investigation (FBI) Special Agent in Charge Robert E. Lasky stated, “Health care fraud cases continue to be a priority for the FBI.  We will continue to work closely with our law enforcement partners to bring these types of investigations to a swift and justifiable end.”

“It is disappointing when trusted professionals like Dr. Rassan Tarabein are engaged in corrupt practices, to include the diversion of controlled substances,” said Stephen G. Azzam, Special Agent in Charge of DEA’s New Orleans Field Division.  “Doctors have an obligation to ensure that prescription medications are getting into the hands of legitimate patients.  Thanks to the cooperative success of this investigation with our federal law enforcement partners and state investigators, this crooked doctor will be brought to justice.” 

“Dr. Tarabein's alleged activities blatantly abused federal health care programs and treated patients as his personal money machines," said Special Agent in Charge Derrick L. Jackson, of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG).  “This arrest should warn providers, who line their pockets at the expense of taxpayers, that they will face severe consequences.”

The facts in an indictment constitute allegations only.  The defendant is presumed innocent until proven guilty beyond a reasonable doubt.      

The FBI, DEA, HHS-OIG, and Alabama Medicaid Fraud Division are investigating the federal case.  Assistant United States Attorneys Sinan Kalayoglu and Gregory A. Bordenkircher are prosecuting the federal case in coordination with the Office of the Alabama Attorney General, Medicaid Fraud Control Unit.  Assistant Attorney Generals Bruce M. Lieberman and Jon R. Moody are prosecuting the state case.

Acting United States Attorney Steve Butler of the Southern District of Alabama announces that United States District Court Chief Judge Kristi K. DuBose sentenced Jamie Nichelle McKay on June 30, 2017 to serve a term of imprisonment of 60 months followed by 4 years of supervised release for conspiracy to distribute methamphetamine in violation of 21 USC § 846.  During the federal investigation, it was revealed that the defendant distributed 28 grams of methamphetamine (Actual) with her co-defendant, Jay Kimberly Ponder.  The defendant, who had an extensive criminal history, entered a guilty plea before the Court on March 17, 2017.

This case was investigated by the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Mobile County Sheriff’s Office, the Mobile Police Department, and the United States Marshals Service.  Assistant United States Attorney Lawrence J. Bullard prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.