Southern District of Alabama

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Justin Ryan Boles, 32, of Mobile, was sentenced today in federal court for his participation in conspiracy to manufacture methamphetamine and conspiracy to possess a List I chemical with knowledge it would be used to manufacture a controlled substance. Boles pled guilty to the offenses on November 14, 2014. Court documents reflect that Boles was manufacturing methamphetamine at a residence in west Mobile when his clandestine lab exploded and the house burned to the ground. Later, he fled from sheriff’s deputies when they had information that he was manufacturing methamphetamine in an apartment off Old Shell Road. Other individuals were arrested and active methamphetamine labs were seized at that location, but Boles evaded arrest. He was finally taken into custody when deputies located him at another residence in west Mobile. Boles was implicated as a prolific methamphetamine "cook" with numerous suppliers of pseudoephedrine pills, which is the List I chemical that acts as a precursor in the methamphetamine manufacturing process.

This morning, United States District Court Judge William H. Steele imposed a sentence of 188 months on each count, to be served concurrently. The judge also ordered that Boles serve a period of supervised release of three years following his release from prison. Boles was directed to undergo drug testing and treatment as a special condition of his supervised release. He was ordered to pay a special mandatory assessment of $200, but no fine was imposed.

Agencies participating in the investigation of the case were the Mobile County Sheriff’s Office and the Saraland Police Department. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that representatives for Gulf Coast Asphalt Company, LLC appeared in U.S. District Court for the Southern District of Alabama today. Gulf Coast Asphalt Company, LLC entered a plea to two counts of an information charging violations of the Oil Pollution Act and Migratory Bird Treaty Act. These charges relate to an oil spill that occurred on September 1, 2011, and ultimately ended up in the Mobile River.

The information charges that the discharge of oil was caused by an over-fill of oil during a tank to tank transfer when employees pumped oil into the receiving tank under pressure. Because employees miscalculated the tank volume of the receiving tank prior to the transfer and engaged in the transfer of oil without employing proper procedures, the tank ruptured and oil was released into a secondary containment area and ultimately into the Mobile River. The information goes on to charge that because of this discharge of oil the Mobile River was closed to ship and vessel traffic by the United States Coast Guard and fish and wildlife were negatively impacted.

As part of the plea agreement Gulf Coast Asphalt Company, LLC has agreed to pay a total of one million dollars in criminal penalties. $667,000.00 will be paid in a criminal fee. The remaining penalty in the amount of $333,000.00 will be in the form of an organizational community service payment to the National Fish and Wildlife Foundation. The community service payment shall be applied by the National Fish and Wildlife Foundation to fund projects for the preservation and restoration of waterways and marine wildlife in and around the Southern District of Alabama.

Gulf Coast Asphalt Company, LLC also agreed to pay restitution in the amount of $292,000.00 to the United States Coast Guard and $75,000.00 to the Alabama Department of Conservation and Natural Resources, Wildlife and Freshwater Fisheries Division.

These penalties and restitution are collected above the statutory requirement under the Oil Pollution Act that the responsible party for the oil spill pays the expense of the environmental cleanup and environmental remediation.

The United States Attorney, Kenyen R. Brown stated, "this settlement is a fair and just resolution to this matter." Brown is pleased that the company agreed to pay an amount to the National Fish and Wildlife Foundation that will fund environmental projects here in the Southern District of Alabama. "This outcome could not be achieved without the diligent investigation and efforts of the U.S. Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (Service)," stated Brown.

"America’s environmental laws are designed to protect clean and safe water sources," said Andy Castro, Acting Special Agent in Charge of EPA’s criminal enforcement program in Alabama. "When operators fail to pay attention to required safety procedures and equipment, they not only harm natural resources and communities, they break the law. Given the nature of the violations, it is appropriate that the defendant will pay one-third of a million dollars in community service payment to the National Fish and Wildlife Foundation. Companies that damage the environment either through negligence or to save money can expect to face prosecution by EPA and its partner agencies."

"South Alabama has one of the most diverse ecological systems in the Southeast, and migratory birds are a key part of this ecosystem. In recent years, migratory bird populations in coastal Alabama have been severely affected by oil spills. This spill is yet another example of how human error has adversely affected migratory bird populations. The Service will continue to be vigilant in the prosecution of corporations and individuals responsible for harming migratory birds," said Luis Santiago, Special Agent in Charge in the Service’s Southeast Region.

"I am impressed with the collaborative efforts demonstrated during this investigation between Service and EPA law enforcement programs. I feel the cooperation displayed during this investigation is largely due to the relationships generated during quarterly Environmental Task Force meetings held by the U.S. Attorney’s Office in the Southern District of Alabama. These meetings allow state and federal agencies to meet and discuss environmental investigations and work effectively as a team," said Santiago.

This case was investigated by the U.S. Environmental Protection Agency, Criminal Investigation Division and U.S. Fish and Wildlife Service. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.

Senator Vivian Davis Figures and United States Attorney Kenyen Brown will hold a media event to announce the creation of the Project HOPE (Helping Offenders Pursue Excellence) Reentry Task Force for Southwest Alabama. Thirty-seven area leaders and stakeholders who have agreed to serve are being asked to develop a strategic plan that will address reentry issues and needs of ex-offenders who are transitioning back to area communities.

U.S. Attorney Kenyen Brown stated, "I’m excited that so many notable leaders from our regional community have answered the clarion call for change in Southern Alabama and the entire State of Alabama. I applaud their decision to lend us their experience and talents in order to come up with what we hope will be lasting solutions to the State’s criminal justice problems."

Senator Vivian Figures, the Chair of the Project HOPE Reentry Task Force, expressed, "There are growing concerns about the struggles inmates may encounter when released and the fears we all have about the endless cycles of arrest and re-incarceration that many experience." "It is in our best interest as their families, friends and neighbors that we forge new and hopeful pathways for those ready to chart new lives," said Senator Figures.

The formation of the Task Force is a collaborative effort encouraged by the Alabama Board of Pardons and Paroles and spearheaded locally by U. S. Attorney, Kenyen R. Brown, the Project HOPE Reentry Council and the Mobile Area Interfaith Conference. The planning process will create a network of partners committed to goals and implementation that will transform the reentry process.

The citizens of Southwest Alabama are increasingly aware of pressing issues that need to be addressed. The Alabama justice system is struggling with overcrowding and a high rate of recidivism. The Mobile County Metro Jail is the largest incarceration facility in Southwest Alabama and is straining to perform its duties as an arm of the local justice system. There is growing consensus in law enforcement, justice and elected officials that recidivism rates could be reduced by implementing basic strategies and services that help ex-offenders avoid being re-arrested and returned to jail. Building on existing community resources and with coordinated support, many ex-offenders would be able to make choices

that could lead to renewed hope and increased opportunities as law-abiding and self-sufficient citizens, thereby reducing recidivism for those deserving of another chance.

This event is intended for all media outlets that provide news and information for public awareness and for rallying public support for reentry initiatives. Elected officials are encouraged to attend and support the development of a reentry strategic plan.

"We are beginning to better understand the difficulties faced by anyone released from a correctional facility. By responding effectively, we can create a reentry process that also provides a safer community for all citizens," concluded Figures.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that the United States has moved to dismiss Count 18 of the superseding indictment against Kimberly Hastie and John Hastie, Jr., in criminal case number 14-00291-KD-N relating to conspiracy to commit tax evasion.

United States Attorney Kenyen Brown said, "The great bulk of the charges against Ms. Hastie involved allegations of public corruption. With the exception of one public corruption charge, a jury consisting of Ms. Hastie’s peers returned a not guilty verdict in her favor. Given this result, a further pursuit of the ancillary charge of conspiracy to commit tax evasion against Kimberly Hastie and John Hastie, Jr., is not in the best interest of justice at this time."

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Rosendo Landeros-Galvan, 37, of Robertsdale, Alabama was sentenced on July 22 by Chief U.S. District Judge William H. Steele to 24 months imprisonment for aggravated identity theft. The judge ordered that Landeros-Galvan, an illegal alien from Mexico, undergo 1 year of supervised release upon completing his term of imprisonment, that he receive deportation consideration, drug abuse testing and substance abuse treatment, and that he pay a $100 mandatory special assessment. Landeros-Galvan was arrested in April 2014 by the Robertsdale Police Department for a narcotics violation. During his arrest, he purported himself to be another person. Landeros-Galvan was indicted by a federal grand jury in June 2014 for unlawful use of a Social Security number. Law enforcement officials arrested Landeros-Galvan, a federal fugitive, in South Carolina in January 2015, when he again concealed his true identity from arresting agents. Landeros-Galvan pled guilty to aggravated identity theft in April 2015.

The case was investigated by the Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Assistant United States Attorney Sinan Kalayoglu.

The United States Attorney Kenyen Brown announces that Jeremy Whitted Mosley, a 33 year old, resident of Butler, Alabama was sentenced today to 30 months incarceration followed by three years of supervised release for possession of a North American Arms pistol and a Savage rifle after being convicted of a felony, namely, Conspiracy to Possess With Intent to Distribute Methamphetamine.  

On April 16, 2015, Mr. Mosley pled guilty to being a felon in possession of the firearms after he was discovered hunting over a baited field. 

The Alabama Department of Conservation & Natural Resources Enforcement officers 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.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Derrick Dewayne Cooks, 31, of Mobile, Alabama was sentenced today by United States District Chief Judge William H. Steele to 30 months imprisonment for possession of a firearm by a felon. The judge ordered that Cooks undergo 3 years of supervised release upon completing his term of imprisonment, receive drug abuse testing and substance abuse treatment, and that he pay a $100 mandatory special assessment. Cooks was indicted by a federal grand jury in October 2014 for possessing a pistol as a convicted felon in January 2014. He pled guilty to the offense in April 2015.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant United States Attorney Sinan Kalayoglu.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Wasi Ismail Syed, age 38, of McKinney, Texas, and his brother-in-law Shahab Uddin Mir, age 35, of Frisco, Texas, have each pled guilty to two conspiracy charges related to a scheme to buy and sell stolen polysilicon and to launder the proceeds from these transactions. William Short of Loxley, Alabama, George Welford of Gautier, Mississippi, and Darlene Row of Dallas, Texas, have all previously pled guilty to their roles in these conspiracies.

William Short and George Welford are former employees of the Mitsubishi Polysilicon manufacturing plant located in Theodore, Alabama. The plant produces exceptionally high-grade polysilicon, which is a material used in the manufacturing of computer chips that control high-tech devices from super computers, to hospital equipment, avionics, and weapons systems. The polysilicon produced at the Theodore plant is ultra-pure. There are only four plants in the United States, and approximately a dozen worldwide, that produce this type of high-grade polysilicon.

In late 2008, Short and Welford began stealing polysilicon rods from the Mitsubishi plant. Using reinforced backpacks and lunch pails, Short and Welford walked several rods per day out of the plant and into their vehicles. Before long, Short and Welford had stolen so much polysilicon that they needed a storage unit, and ultimately a warehouse to house the stolen material. Since the rods were stolen very shortly after coming out of the reactors, they were not etched or vacuum-sealed in a clean room like the finished rods coming out of the plant. Consequently, the rods lacked the normal specification sheets that are attached to the packaging.

Soon after they started stealing the polysilicon rods, Short and Welford began looking for a purchaser. Using the aliases William Smith (Short) and Butch Cassidy (Welford), the pair found Horizon Silicon online. The Dallas, Texas-based company was owned and operated by brothers-in-law Wasi Syed and Shahab Mir, and Darlene Row worked as a secretary.

Short and Welford negotiated with Syed and Row for the price and amount of polysilicon to be sold. During the course of negotiations, Syed flew to Pensacola, Florida, to see the polysilicon for himself. This meeting, in which Syed tested the polysilicon with a resistivity meter to check its purity level, occurred at night in a Krystal’s parking lot.

After testing the buckets of polysilicon, Syed agreed to buy the polysilicon from Short and Welford for a price well below the market value. One condition of the deal was that payments were to be made in cash and in person.

Between February 2009 and Marcy 2014, Short and Welford stole, and then subsequently sold, approximately 50 metric tons of Mitsubishi polysilicon rods to Horizon Silicon. Typically, Syed would find a buyer for the polysilicon he was purchasing from Short and Welford. Then Row would arrange for the polysilicon to be picked up and delivered to a port city on the west coast. Finally, Mir would fly or drive to Mobile, Alabama, and other locations along the Gulf Coast, with either backpacks or suitcases full of cash to pay Short and Welford.

The stolen polysilicon, which was valued at over $2.5 million, was exported from the United States after being sold by Syed to other buyers. While the final destination for all of the stolen polysilicon rods is not clear, at least some of the material ended up in the People’s Republic of China.

In early 2014, Short and Welford were caught by Mitsubishi. Syed, Mir, and Row were subsequently arrested in Texas in May 2014. In February 2015, Short and Welford each pled guilty to one count of conspiracy to possess, transport, buy, and sell stolen material in interstate commerce and to one count of conspiracy to commit money laundering. Row pled guilty to the same charges in March 2015, as did Syed and Mir on June 29, 2015.

This matter was investigated by Homeland Security Investigations and IRS-Criminal Investigations in Mobile, Alabama, with assistance from the Dallas, Texas office of these agencies. The case was prosecuted by Donna B. Dobbins and Christopher J. Bodnar, Assistant United States Attorneys with the U.S. Attorney’s Office for the Southern District of Alabama.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Mark Edward Rowley, 62, of Dauphin Island, Alabama was sentenced today by Chief United States District Judge William H. Steele to 33 months imprisonment for wire fraud. The judge ordered that Rowley make restitution in the amount of $252,148.74 to victims of his crime and that he pay a $100 mandatory special assessment.

In March 2015, Rowley pled guilty to operating an insurance fraud scheme from June 2010 to December 2013. Despite having surrendered his Alabama insurance license in April 2010, Rowley falsely held himself out as a licensed insurance agent. He did business with individuals and entities in Alabama and the Florida panhandle, falsely claiming that he was buying his customers insurance through national insurance companies. Based upon Rowley’s false representations to his victims, they were misled into believing they had insurance coverage. Victims paid Rowley what they believed were insurance premiums, and he in turn frequently spent their money for his own benefit and gain. Rowley attempted to hide his fraudulent activity by issuing fraudulent insurance documents to his victims.

The case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Gregory Bordenkircher and Sinan Kalayoglu.

The United States Attorney for the Southern District of Alabama, Kenyen R. Brown, announces that Joshua Hamilton Purvis was sentenced for possession of child pornography in violation of 18 U.S.C. Section 2252A(a)(5)(B). Purvis was sentenced to serve 120 months imprisonment and a life time term of supervised release by Judge Kristi Dubose. A minimum mandatory sentence of 120 months imprisonment is required when the defendant has prior qualifying convictions. He was also required to obtain mental health treatment, forfeit his telephone and pay a $100 Special Assessment.

This case was investigated by the Federal Bureau of Investigation. The case was prosecuted by the United States Attorney's Office for the Southern District of Alabama, AUSA Sean P. Costello.

The United States Attorney for the Southern District of Alabama, Kenyen R. Brown, announces that Joshua Hamilton Purvis was sentenced for possession of child pornography in violation of 18 U.S.C. Section 2252A(a)(5)(B).  Purvis was sentenced to serve 120 months imprisonment and a life time term of supervised release by Judge Kristi Dubose.  A minimum mandatory sentence of 120 months imprisonment is required when the defendant has prior qualifying convictions.  He was also required to obtain mental health treatment, forfeit his telephone and pay a $100 Special Assessment. 

This case was investigated by the Federal Bureau of Investigation.  The case was  prosecuted by the United States Attorney's Office for the Southern District of Alabama, AUSA Sean P. Costello.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Thomas Jason Strickland, 33, of Wilmer, Alabama, was sentenced in federal court today to 10 years imprisonment for his involvement in a conspiracy to possess with intent to distribute methamphetamine ice.  Strickland pled guilty to the charge in September of 2014.

At the sentencing hearing this afternoon before United States District Court Judge Callie V. S. Granade, Strickland produced evidence that he suffered from chronic depression since his teenage years, which was exacerbated by his long-term drug abuse.  Judge Granade imposed the 10-year sentence, which will be followed by a five-year term of supervised release.  The judge ordered as a condition of his supervision that he receive mental health counseling and treatment as deemed necessary by the probation office.  The judge did not impose a fine, but ordered that Strickland pay a $100 special mandatory assessment.

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 Gloria A. Bedwell.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Quy Ngoc Nguyen, 25, of Mobile, Alabama was sentenced today by United States District Judge Callie V. S. Granade to 73 months imprisonment for possession of a firearm by a felon.  The judge ordered that Nguyen serve a three-year term of supervised release upon completing his term of imprisonment and that he pay a $100 mandatory special assessment.  Nguyen was arrested in March 2014 by Mobile police officers for committing several burglaries.  He was indicted by a federal grand jury in December 2014 for possessing a revolver during the burglaries, for which he received state court sentences of imprisonment.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The case was prosecuted by Assistant United States Sinan Kalayoglu.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced today that his Office as well as the Mobile FBI and Mobile Police Department will host another Successful Tips for Youth on Law Enforcement Encounters training session, also known as S.T.Y.L.E.  In partnership with the Mobile Field Office of the FBI and the Mobile Police Department, the U.S. Attorney’s Office will make this program available to churches from June-September and local schools from October-May. Once again, the S.T.Y.L.E. program is specifically tailored for high school students, who will participate in several mock scenarios involving how to engage law enforcement.  These scenarios will include instruction on how to respond when approached by law enforcement officers while driving a car, on the street or at home.  Additionally, in order to afford students with the opportunity gain an appreciation for the split-second life or death decisions law enforcement officers make on a daily basis, they will also have the opportunity to observe their chaperones participate in the FATS Simulator, which is a life sized video firearms training tool used by law enforcement.  The students will also observe an explosives demonstration and conclude the training with smaller groups of students participating in roundtable discussions about the day’s events over lunch with individual officers.

According to U.S. Attorney Brown, “In the wake of so many tragic events across the country in recent years it is vitally important that we continue to ‘bridge the gap’ between our youth and law enforcement officers.  The past has shown us that these tragic events can occur in smaller cities and rural areas as well as larger metropolitan areas.  I commend Mobile Police Chief James Barber and FBI Special Agent in Charge Robert Lasky for their proactive efforts to build mutual understanding and rapport with the community.”  U.S. Attorney Brown continued, “The first execution of the S.T.Y.L.E. program was extremely well received by the participating students and law enforcement officers alike.  In the second instalment of the S.T.Y.L.E. program we hope to continue building trust one person at a time.”  The first program took place on May 7, 2015, during which 28 students were hosted from Blount High School.

“Engaging Mobile’s younger generation with local law enforcement is key in creating long-lasting, effective communication practices for citizens as well as officers,” said Mobile Police Chief James Barber.  “The Department’s partnership with the U. S. Attorney’s Office and the FBI will help achieve the mission to make Mobile the safest city in America with respect for everyone.”

            The second S.T.Y.L.E. training session will take place on June 19, 2015, during which time 38 youth from Mt Hebron Church will be hosted.

            Churches, schools or civic organizations desiring to have their youth participate in a future S.T.Y.L.E. training session can contact Assistant United States Attorney, Suntrease Williams-Maynard at the email address suntrease.williams-maynard@usdoj.gov or by phone at 251-415-7163.  More specific media inquiries related to the location of the S.T.Y.L.E. training on June 19th can be directed to Tommy Loftis at 251-415-7131.

The United States Attorney Kenyen Brown announces that Leroy Eugene Wells, a 33 year old, resident of Grand Bay, was sentenced today to 46 months incarceration followed by three years of supervised release for possession of a Taurus pistol after being convicted of two felonies, namely, Assault 2nd degree and a prior felon in possession crime.  

On March 18, 2015, Mr. Wells pled guilty to being a felon in possession of the Taurus pistol after a traffic stop revealed that he was carrying it as a concealed weapon. 

Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives 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.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced

that Denzil Earl McKathan, 34, of Grand Bay, was sentenced to 188 months in prison for

receiving child pornography. Following his release from prison, McKathan will be supervised for

the rest of his life by the United States Probation Office and required to register as a sex

offender.

McKathan pled guilty to receiving child pornography via the internet on his smartphone.

He had previously been convicted for possession of child pornography in the United States

District Court for the Southern District of Alabama in 2005. A routine check by McKathan’s

supervising probation officer in that case revealed Internet activity by McKathan in 2014, and a

search of his phone revealed nearly 500 images of child pornography, some of which depicted

the abuse of infants and toddlers.

This case was investigated by the United States Probation Office and the office of

Homeland Security Investigations, and was prosecuted by Assistant United States Attorneys

Suntrease Williams-Maynard and Sean P. Costello. The investigation was pursued as part of

Project Safe Childhood, the Department of Justice’s initiative to combat the proliferation of

technology-facilitated sexual exploitation crimes against children. For more information, please

visit

http://www.justice.gov/psc

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that two Town Hall meetings will be held on June 6, 2015, to educate Military Veterans on their post-service employment rights.  One Town Hall will be held in Mobile County at 10 a.m. at Tilman’s County Senior Center, 5863 Nevius Road, and one in Baldwin County at 2 p.m. at VFW Post 5660, 950 Nichols Avenue, Fairhope. Mobile County Magistrate Edward C. Blount, Jr. will provide opening remarks in Mobile County.  Judge Michelle Thomason, presiding judge of the new Baldwin County Veterans Court, will open the Town Hall in Baldwin County.

U.S. Attorney Kenyen Brown: “Many returning veterans, some with disabilities earned in the service of their country, face discrimination on top of the tough job market.  Some find their former jobs are not waiting for them; some find employers unwilling to hire them if they have service-related disabilities.  Our office vigorously fights employment discrimination based on military service.”  Representatives from federal and state agencies and veterans groups will provide information about veterans’ rights and how to enforce them under the ADA and the Uniformed Services Employment & Re-employment Rights Act (USERRA).  Investigators will be present to take complaints.

“The Servicemembers and Veterans Initiative was created to ensure the Department of Justice uses every tool we can to guarantee the legal rights of the men and women who protect our country,”  said Acting Associate Attorney General Stuart F. Delery.  “I’m hopeful that this will be the first of many Town Halls as we continue to build a strong collaborative relationship between the Department of Justice and our partners in the federal and state government toward the common goal of supporting servicemembers, veterans, and their families.”

The sponsoring agencies are:

The United States Attorney’s Office (USAO); The Depratment of Justice’s Servicemembers and Veterans Initiative (USAO); United States Department of Justice, Disability Rights Section (DOJ); The Equal Employment Opportunity Commission (EEOC); Employer Support of the Guard and Reserve (ESGR) of the Department of Defense; State of Alabama Career Center; Alabama Vocational Rehabilitation Services.

Click here to download the Town Hall Flyer. (736.85 KB)

United States Attorney Kenyen R. Brown of the Southern District of Alabama, along with FBI-Mobile Special Agent in Charge Robert Lasky, and DEA-Mobile Special Agent in Charge Keith Brown, New Orleans Field Division, announce the arrests of Dr. John Patrick Couch and Dr. Xiulu Ruan.

Dr. Couch and Dr. Ruan are both physicians licensed to practice medicine in the State of Alabama.  The doctors jointly own and operate a medical practice named Physician’s Pain Specialists of Alabama (“PPSA”), which has two clinic locations in Mobile — one located at 2001 Springhill Avenue and the other at 4682 Airport Boulevard.  Dr. Couch and Dr. Ruan also co-own C&R Pharmacy, which is located adjacent to the PPSA location on Airport Boulevard.

In April 2015, a grand jury in the Southern District of Alabama returned an Indictment charging Dr. Couch and Dr. Ruan with (1) conspiracy to distribute controlled substances outside the usual course of professional practice and not for a legitimate medical purpose, and (2) conspiracy to commit healthcare fraud.

According to the Indictment, Dr. Couch and Dr. Ruan conspired with each other and others to knowingly and willfully distribute and dispense Schedule II controlled substances outside the usual course of professional practice and not for a legitimate medical purpose.  The Indictment identifies some of these Schedule II drugs as: oxycodone (brand name: Oxycontin), oxycodone hydrochloride (brand name: Roxicodone), oxymorphone (brand name: Opana), hydromorphone (brand name: Dilaudid), morphine, fentanyl, and methadone.

The Indictment also alleges Dr. Couch and Dr. Ruan engaged in a conspiracy to commit healthcare fraud to increase the health insurance reimbursements received by PPSA.  Two means of healthcare fraud are identified in the Indictment.   First, the Indictment alleges the doctors routinely ordered extremely expensive secondary urine drug tests, which were billed to patients’ insurance providers under the false pretense that they were necessary tests.  However, the Indictment alleges these tests were ordered primarily because of the extremely high rate of reimbursement paid by insurance providers for these tests.  Furthermore, the Indictment alleges Dr. Couch and Dr. Ruan engaged a conspiracy to fraudulent up-code, which is where a patient service performed by a physician extender, such as a nurse, is fraudulently billed under the physician’s national provider identifier number.  Fraudulent up-coding results in a medical practice receiving more money than it was entitled to, because health insurance providers reimburse patient services at a higher rate when performed by a physician.

In addition to the criminal allegations, the Indictment contains forfeiture notices stating that the United States intends to seek the forfeiture of numerous bank accounts, exotic vehicles, and real property if the defendants are convicted of one or both of these conspiracy offenses.

Along with the arrests of the two doctors and the seizures of assets subject to forfeiture, the FBI and DEA jointly executed search and seizure warrants at five locations, including both PPSA clinics, C&R Pharmacy, a warehouse where Dr. Ruan stored his exotic cars, and Dr. Couch’s house.

“We will remain vigilant in prosecuting doctors who place greed over their Hippocratic Oath to help their patients and are otherwise willing to defraud and undermine the health care programs of the nation,” said United States Attorney Kenyen R. Brown.

“This national organized crime enterprise fleeced the health care system through a wide range of money making criminal fraud schemes,” said FBI SAC Robert F. Lasky. “ The FBI, working in conjunction with our federal agency partners, is resolute in its commitment to stop those who would illegally manipulate the health care system.”

"Prescription drug abuse is the fasting growing drug problem in the country. It is particularly troubling to find doctors so complicit in this epidemic. We trust our doctors to heal our bodies, not poison our communities. We will not tolerate or accept this illegal behavior, and we will bring justice to those that condone this type of practice," said DEA Assistant Special Agent in Charge Clay A. Morris.

As in all criminal cases, an Indictment is only an allegation made by a grand jury.  Both Dr. Couch and Dr. Ruan are presumed innocent until proven guilty.

This matter was jointly investigated by FBI-Mobile and DEA-Mobile, and the case will be prosecuted by the U.S. Attorney’s Office for the Southern District of Alabama.

The United States Attorney Kenyen R. Brown announces that Aaron Hill, a 20 year old, resident of Mobile, was sentenced today to 30 months incarceration followed by three years of supervised release for possession of a 20 gauge shotgun and a 9mm pistol after being convicted of a felony, Robbery 1st Degree

On February, 2015, Mr. Hill pled guilty to being a felon in possession of a firearm after an investigation revealed that a search of his residence was conducted pursuant to that terms of supervised release and the two firearms were uncovered. 

Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives 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.

The United States Attorney Kenyen R. Brown announces that Phouva Phothisat, a 28 year old, Irvington resident, was sentenced today to 120 months incarceration for possession of numerous firearms kept for protection and for his role as a drug dealer in a methamphetamine conspiracy where more than 100 grams of methamphetamine was seized.

On October 27, 2014, Mr. Phothisat pled guilty to Counts One and Ten of a 12 count indictment. Counts One and Ten charged him with conspiring to possess with intent to distribute methamphetamine and possession of numerous firearms during and in relation to his drug dealing crime, respectively.

Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives along with special agents of the Department of Homeland Security 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.

The United States Attorney Kenyen R. Brown announces that Sisavang Phothisat, a 39 year old, Theodore resident, was sentenced today to 108 months incarceration for possession of a Taurus revolver after being convicted of attempted murder in Fresno County, California and for his role as a drug dealer in a methamphetamine conspiracy where more than 100 grams of methamphetamine was seized.

On October 30, 2014, Mr. Phothisat pled guilty to Counts One and Eight of a 12 count indictment. Counts One and Eight charged him with conspiring to possess with intent to distribute methamphetamine and being a felon in possession of a firearm, respectively.

Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives along with special agents of the Department of Homeland Security 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.

United States Attorney Kenyen R. Brown of the Southern District of Alabama and the State of Alabama Department of Conservation and Natural Resources (Department) announced today that their offices have reached an agreement to permit people with mobility disabilities to use their motorized wheelchairs and other power-driven mobility devices on the roads in all state parks and recreation areas. Previously, state regulations did not specifically allow such devices on roads, even when no sidewalks or alternate routes existed for them. The Department enacted a new state regulation to ensure the rights of park visitors with disabilities under the Americans with Disabilities Act of 1990, see below.

This agreement resulted from a complaint filed with the U.S. Attorney’s Office by a paraplegic man who could not stay at the public campground at Alabama Gulf State Park in Gulf Shores because park personnel banned use of the golf cart he uses for mobility on roads in the park. This prohibition and the lack of sidewalks in the park meant he could not access the park’s attractions and amenities.

"Ensuring that Alabama’s beautiful parks and recreation areas are accessible to everyone, including individuals with disabilities, is a win-win result," said U.S. Attorney Kenyen R. Brown. "ADA compliant facilities aid the disabled and make our communities more welcoming and business friendly. We commend Commissioner Gunter Guy, Jr. for his commitment to seeing that Alabama’s Great Outdoors can be shared by all, regardless of disability."

The new regulation reads:

220-5-.04(10) Notwithstanding any provision above, individuals with a mobility disability may use any motorized vehicle or other power-driven mobility device to access the parks’ amenities as provided in and subject to the provisions of the Americans with

Disabilities Act of 1990, as amended, and 28 C.F.R. § 35.137 (2014) [complete text of the regulation is attached].

United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Jonathan Lawrence Oneal, 42, of Monroeville, Alabama was arrested today by federal authorities for jury tampering.  According to a criminal complaint filed in U.S. District Court for the Southern District of Alabama, Oneal was arrested for corruptly seeking to influence a prospective juror in connection with a federal criminal trial of John Hastie in Mobile, Alabama.  According to the complaint’s affidavit, Oneal is a Cooper Marine & Timberlands employee who works under John Hastie, the spouse of defendant Kimberly Hastie and a co-defendant in a trial in which the couple is charged with conspiring to commit tax fraud.  The affidavit alleges that Oneal, acting at John Hastie’s direction, reached out to the wife of a prospective juror before and during jury selection and conveyed messages to her for the purpose of influencing her husband’s views regarding the Hastie case.  Jury tampering is a violation of 18 U.S.C. § 1503 and carries a term of up to 10 years in prison.       

United States Attorney Kenyen R. Brown states:  “The public has a vital interest in preserving the integrity of the judicial process.  Jury tampering is a serious threat to the proper functioning of our justice system.  The United States will work closely with our law enforcement partners to aggressively pursue all jury tampering allegations and ensure that those involved are held accountable.” 

The Federal Bureau of Investigation is leading the investigation.  The case is being prosecuted by Assistant United States Attorney Sean P. Costello.  

A criminal complaint is a written statement of the essential facts of the offense charged.   A defendant is presumed innocent until and unless he or she is proven guilty at trial.

If any member of the public has information regarding any acts of jury tampering, please contact the Federal Bureau of Investigation, Mobile Division, at 251-438-3674.

Kenyen R. Brown, the United States Attorney for the Southern District of Alabama, announced today that Donald Centreal Smith, age 32, of Birmingham, Alabama, and Gary G. Collins, age 33, of Odenville, Alabama, have been charged in a 30-count indictment by a federal grand jury in Birmingham, Alabama, with conspiring to file false tax returns, filing false tax returns, theft of public monies, wire fraud, and aggravated identity theft.  Smith and Collins are charged in each of the thirty counts.

The conspiracy and false claims counts carry a maximum penalty of 5 years imprisonment; the theft of public monies counts carry a maximum penalty of 10 years imprisonment; the wire fraud counts carry a maximum penalty of 20 years imprisonment; and the counts charging aggravated identity theft require a 2 year mandatory term of imprisonment to run consecutive to any other sentence.  The Indictment also seeks the forfeiture of a money judgment equal to the proceeds derived from the above-referenced violations.

As alleged in the Indictment, Donald C. Smith is a Special Agent with the Internal Revenue Service, Criminal Investigation, Atlanta Division, and he and Collins are charged with using personal information that came into Smith’s possession by virtue of his employment as a Special Agent to prepare and electronically file false tax returns.

“The IRS will continue to aggressively pursue those who use stolen social security numbers to file false tax returns,” said Jerome McDuffie, Special Agent in Charge, IRS Criminal Investigation- New Orleans Field Office.  “The indictment returned against Mr. Smith and Mr. Collins serves as a reminder that those who defraud innocent people and steal government funds will be held accountable.  Mr. Smith used his position and access as an IRS employee to perpetrate this fraudulent scheme.  Our agency will continue to work closely with the United States Attorney’s Office to hold individuals, particularly those in positions of public trust, responsible for their illegal activities.”

“Corrupt interference with Federal tax administration is an extremely serious matter,” said Melissa Chedotal, Special Agent in Charge for TIGTA’s Atlanta Field Division.  “Allegations of aggravated identity theft committed by an IRS employee who bears the responsibility for protecting taxpayers from such crimes are particularly reprehensible.  TIGTA will aggressively investigate any and all allegations of IRS employees victimizing taxpayers for their own personal gain.”  Chedotal credited IRS CI for working diligently to bring the investigation to a satisfactory conclusion.  “This was a joint investigation in every sense of the word,” she said.  “The successful investigation of these allegations would not have been possible without IRS Criminal Investigations, whose cooperation was superb in every way.”

An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant.  A defendant, of course, is presumed innocent unless and until he or she is proven guilty at trial.

This case was investigated by the United States Department of Treasury Inspector General for Tax Administration and the Internal Revenue Service, Criminal Investigation, New Orleans Division.  The case will be prosecuted by Donna B. Dobbins of the United States Attorney’s Office for the Southern District of Alabama, acting as Special Attorney, due to the recusal of the United States Attorney’s Office for the Northern Division of Alabama.

The United States Attorney Kenyen R. Brown announces that Victor Manuel Mina-Garcia, a 32 year old, citizen of Mexico, was sentenced today to two months incarceration after his felony conviction for illegal re-entry after deportation.

On February 26, 2015, Mina-Garcia pled guilty to reentering the United States after having been deported.  In summary, on December 12, 2014, Mina-Garcia was arrested in Saraland, Alabama for local theft crimes.  His fingerprints indicated that he was the same Mina-Garcia who had been deported in 2010 after having been found in Texas after entering the United States illegally.

             Special agents of Homeland Security/Immigration and Customs Enforcement along with Saraland, Alabama police officers 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.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Gerold Holt Bosarge was sentenced today in United States District Court for the Southern District of Alabama to a violation of Title 46, United States Code, Section 2302(b), Negligent Operations and Interfering with Safe Operations, a class A misdemeanor. Bosarge received one year of probation.

The conduct occurred June 2, 2014, when Bosarge was piloting the tow vessel LADY LONE STAR pushing a 175 foot barge loaded with 171,000 gallons of diesel fuel. The vessel ran aground in Bayou St. John just north of Ono Island and Perdido Pass. The vessel was approximately one mile off course from the Intracoastal Waterway. Bosarge later admitted to being under the influence of prescription medication that was prescribed to him as well as prescription medication that belonged to another individual while he was piloting the vessel.

MOBILE, Ala. – Crystal LaSha-Renee Grider, 24, of Gonzalez, Florida, was sentenced in federal court today on her conviction for conspiracy to manufacture methamphetamine and to possess a List I chemical with knowledge it would be used to manufacture methamphetamine. Court documents showed that Grider was one of several individuals involved in methamphetamine manufacturing at a trailer on Roy Miller Road in Mobile County during the summer and fall of 2012. Grider was staying at the trailer with co-conspirators and she was also purchasing pseudoephedrine, a List I chemical, for use in the methamphetamine manufacturing. Pharmacy records showed that the conspirators, including Grider, had obtained more than 900 grams of pseudoephedrine to "cook" into methamphetamine.

United States District Court Judge William H. Steele imposed a sentence of 60 months imprisonment, to be followed by a four-year term of supervised release. Grider was ordered to undergo testing and treatment for drug abuse while she serves her supervised release term, which will commence as soon as she is released from her prison sentence. No fine was imposed, but Marks was ordered to pay the special mandatory assessments of $200.

The case was investigated by theMobile County Sheriff’s Office. It was prosecuted in the United States Attorney=s Office by Assistant United States Attorney Gloria Bedwell.

The United States Attorney Kenyen Brown announces that Vincent Cole, a 26 year old, Mobile, Alabama resident, was sentenced today to 121 months incarceration for pointing a firearm in the face of a Mobile citizen and forcing that citizen to give Mr. Cole his 1993 customized Chevrolet Suburban and other items.

On December 2, 2014, Mr. Cole pled guilty to carjacking and using a firearm during an in relation to a crime of violence.

In detail, on November 4, 2012, at approximately 4 a.m., Cole approached a Mobile citizen as the citizen exited his vehicle in the driveway of the citizen’s home. Cole pointed a gun at the citizen and told him to give Cole all of his money and his vehicle. The citizen complied and gave Cole, not only the $40.00 cash in his pocket and the keys to his customized 1993 Chevrolet Suburban, but also his cell phone SIM card. Cole took the items then fled in the vehicle.

A short time later, the citizen gave a detailed description of Cole and what he was wearing, (including a gray hoodie) to police officers. Within hours, the citizen’s vehicle was found vehicle was found. The radio, speakers and amplifier and several high grade sound system items were

missing from the vehicle. The crime scene techs were able to lift comparable prints from the vehicle. The prints were run through a criminal fingerprint database and were matched to Cole. Officers showed a photo spread to the citizen with Cole’s photo included. The citizen positively identified Cole from the photo spread as the carjacker.

An Arrest warrant was obtained for Cole and he was arrested on November 6, 2012, at his residence without incident. A search warranted was obtained for his residence, and seized during the execution of the warrant were, ammunition, a car radio, speakers, an amplifier, and a gray hoodie. All items recovered were taken for the Chevy Suburban.

Detectives of the Mobile Police Department along with state task forces agents assigned to the Federal Bureau of Investigation’s violent crime unit 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.

MOBILE, Ala. –  Teresa Jones Tubbs, 45, and Richard Terrell Underwood, 30, both of  Marion, Alabama, were sentenced today in federal court for actions which furthered the operation of a drug trafficking conspiracy from 2009 through June of 2014.  Tubbs and Underwood pled guilty to the federal charge of misprision of a felony, an offense which requires proof that each had knowledge of illegal activity, each engaged in conduct which concealed the illegal activity, and that neither reported the illegal activity to the appropriate authority.  The charge, itself a felony, carries a penalty of up to three years’ imprisonment, a supervised release term of one year, a $250,000 fine and a $100 special mandatory assessment.

United States District Court Judge Kristi K. Dubose imposed a sentence of three years’ probation in each case.  Each defendant was ordered to undergo testing and treatment for drug abuse while on supervised release.  No fine was imposed, but the judge ordered that each defendant pay the special mandatory assessment of $100. 

The case was investigated by the 4th Judicial Circuit Task Force, the Alabama Attorney General’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.

The United States Attorney for the Southern District of Alabama, Kenyen R.

Brown, announces that Samantha Davison was sentenced for theft of public money for

her role in a scheme in filing fraudulent tax returns and obtaining refund money. Judge

Kristi Dubose sentenced Davison to serve a sentence of six months imprisonment

followed by six months home confinement while on three years of supervised release.

The defendant was also ordered to pay $7,068 in restitution and a $100 Special

Assessment. This case was investigated by the Internal Revenue Service. The case was

prosecuted by the United States Attorney’s Office for the Southern District of Alabama,

AUSA Maria E. Murphy.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announces today that Edwige Caroline Angono-Ndongo, 42, of Mobile, Alabama pleaded guilty to two federal fraud charges. Angono-Ndongo falsified the bankruptcy Schedules of Assets and Liabilities she filed in 2010 in her bankruptcy case in U.S. Bankruptcy Court for the Southern District of Alabama by failing to disclose some of her property, including bank and securities accounts. She also engaged in a credit card bankruptcy "bust out" scheme. Ndongo defrauded Bank of America with an electronic "check–kiting" scheme, using electronic transfers supported by insufficient funds, similar to "rubber checks", from her credit union to make it appear that she was making payments on her credit card accounts at the bank. By making bogus payments to the bank, she caused the bank to allow her to charge thousands of dollars in purchases. She then filed bankruptcy and discharged the debts to the bank. Angono-Ndongo faces a maximum penalty of 20 years in prison for the bankruptcy fraud charge and 30 years in prison for the bank fraud charge. Her sentencing is scheduled for June 8, 2015 before U.S. District Court Judge Callie V.S. Granade.

The case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Charles Baer, Gregory Bordenkircher, and Sinan Kalayoglu. United States Attorney Kenyen R. Brown stated that the prosecution shows that the Department of Justice understands its duty to work to keep the bankruptcy system clean and to protect the banking system from fraud.

Kenyen R. Brown, United States Attorney for the Southern District of Alabama announced that Willie Richard Short, age 62, a resident of Loxley, Alabama, and George J. Welford, age 61, a resident of Gautier, Mississippi, entered guilty pleas today before United States District Judge Kristi K. Dubose to two federal offenses: conspiracy to transport stolen goods in interstate and foreign commerce, and conspiracy to launder the proceeds from the sale of the stolen polysilicon.

Short and Welford admitted in open court that in early-2009 they began stealing high-purity, semi-conductor grade polysilicon from their employer, a manufacturing plant located in Theodore, Alabama, and continued doing so until January 2014. Short and Welford hid the stolen polysilicon in their lunch boxes, back packs, and lockers, and transported the stolen goods in their personal vehicles.

Short and Welford searched the internet for a buyer for the stolen goods, and used the fake names "William Smith" and "Butch Cassidy" to communicate with the buyer. Short and Welford agreed to sell the stolen polysilicon to this buyer on the condition that all payments for the loads of polysilicon had to be made in cash and in person. The rendezvous sites for the

delivery of the cash payments were located in Mobile, Alabama, Pensacola, Florida, Shreveport, Louisiana, and elsewhere.

Short admitted that he conspired to steal, sell, and transport in interstate commerce at least 42,000 kilograms (42 metric tons) of polysilicon, and Welford admitted that he conspired to steal, sell, and transport in interstate commerce at least 29,000 kilograms (29 metric tons) of polysilicon. The total amount of stolen polysilicon had a market value of approximately $2.6 million.

This case was investigated by the Department of Homeland Security and the Criminal Investigation Division of the Internal Revenue Service, and is being prosecuted by Donna B. Dobbins and Christopher J. Bodnar, Assistant United States Attorneys in the United States Attorney=s Office for the Southern District of Alabama.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Dennis James Harper Jr., 51, of Pine Hill, Alabama, was sentenced to a year and a day in prison for failing to register as a sex offender. Harper was also sentenced to five years of supervision by the United States Probation Office upon his release from custody.

Harper was required to register as a sex offender as a result of a 1997 conviction for Sexual Abuse, First Degree from Coffee County. As part of his guilty plea, Harper admitted that he moved to Massachusetts four days after his last registration as a sex offender in 2012. After he moved to Boston, Harper never notified Alabama authorities of his new location, nor did he register as required in Massachusetts.

The case was investigated by the United States Marshals Service and prosecuted by Special Assistant United States Attorney Dominic Rossetti.

Kenyen R. Brown, United States Attorney for the Southern District of Alabama announced that Molly Perez, age 39, a resident of Mobile, Alabama, was sentenced on February 5, 2015, by United States District Judge Kristi K. Dubose to 24 months imprisonment pursuant to her guilty plea to possessing a firearm after having been convicted of a felony (burglary, third degree). At sentencing, Judge DuBose found that Perez possessed the loaded firearm, which was recovered from her apartment, in connection with the possession and sale of controlled substances, including synthetic marijuana – commonly referred to as "Spice".

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mobile County Sheriff’s Office, and prosecuted by Donna B. Dobbins of the United States Attorney=s Office for the Southern District of Alabama.

MOBILE, Ala. – Darrick Donnell Belcher, 36, of Marion, was sentenced in federal court for his participation in a conspiracy to possess with intent to distribute cocaine and crack cocaine. Belcher pled guilty to the charge in October of 2014.

United States District Court Judge Callie V. S. Granade imposed a sentence of 57 months imprisonment in Belcher’s case, to be followed by a three-year term of supervised release. She ordered that Belcher undergo drug treatment while incarcerated and during his term of supervised release. No fine was imposed in Belcher’s case, but he was ordered to pay a special mandatory assessment of $100.

The case was investigated by the 4th Judicial Circuit Task Force, the Alabama Attorney General’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.

MOBILE, Ala. – Daniel Williams, 36, of Marion, Alabama, was sentenced in federal court on gun charges. Federal law prohibits possession of a firearm by a person who had been committed to a mental institution, and court documents showed that Williams had been committed by an Alabama state judicial officer to a mental institution on two separate occasions. Court documents also showed that he was found in possession of an AK 47 rifle and a 9 millimeter handgun in March of 2013 when Marion police officers searched his vehicle in connection with a shooting that occurred in Marion. Williams admitted to state investigators and to a special agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives that he had his girlfriend buy the AK 47 for him because he was not able to buy it himself. Williams also admitted that he knew he could not possess the weapons legally.

United States District Court Judge Callie V. S. Granade imposed a sentence of 24 months imprisonment in the case, and ordered that Williams undergo mental health counseling and treatment while he is incarcerated. She also ordered that he undergo additional mental health treatment during a three-year term of supervised release, which will commence when Williams is released from prison. She further ordered that he be monitored for drug abuse during his supervision. No fine was imposed in Williams’ case, but he was ordered to pay $100 in special assessments.

The case was investigated by the 4th Judicial Circuit Task Force, the Alabama Attorney General’s Office, the Marion Police Department, the Alabama Bureau of Investigations, 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 Kenyen R. Brown of the Southern District of Alabama announces that Charlie Lewis Davis of Mobile was sentenced, following an October 2014 guilty plea to a charge of being a prohibited person in possession of a firearm. Davis was previously convicted in Baldwin County of Manslaughter and Possession of Marijuana, First Degree in 2005. By virtue of these convictions, Davis is prohibited from possessing firearms or ammunition.

On March 23, 2013, the Mobile County Sheriff’s Narcotics Unit executed a search warrant at a residence on Dalton Drive, Eight Mile, Alabama. The residents signed

Miranda waivers and spoke with law enforcement. A K-9 alerted for drugs throughout the residence and on the vehicles outside. The female resident provided keys for all the vehicles outside. In one of those vehicles Deputies encountered Davis reclined in the front passenger seat. Davis was ordered out of the vehicle and patted down for weapons. A plastic bag of marijuana was found in his right front pants pocket. Davis told Deputies he had a weapon in the car. A Mossberg .22 caliber bolt action rifle was in the backseat; and, a Beretta 9mm pistol was under the passenger seat.

Possession of a firearm or ammunition by a previously convicted felon is a violation of Title 18, United States Code Section 922(g)(1). Senior United States District Court Judge Charles R. Butler varied from the applicable advisory sentencing guideline range, and imposed a 12 month sentence of imprisonment, to be followed by 3 years supervised release.

This case was referred for prosecution by Corporal Lorne Watts of the Mobile County Sheriff’s Office, who is assigned as a Task Force Officer with the Bureau of Alcohol, Tobacco, Firearms & Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Nery Benito Sontay-Pelico, Gamaliel Cruz-Velasco, Emilio Velasco-Rojas and Kevin Adonai Cortez-Ordonez were sentenced today in front of the honorable United States District Court Judge Callie V.S. Granade to Illegal Reentry into the U.S. after Deportation and Removal Proceedings. These four individuals were in a van stopped in Baldwin County on December 3, 2014. Three other passengers in the van were previously sentenced to illegal entry into the United States without inspection and deported.

All four defendants received a custody sentence of the time served pending sentencing. The court ordered the defendants turned over to the appropriate authorities for deportation proceedings. This case was investigated by Homeland Security and Investigations and prosecuted by the United States Attorney’s Office.

United States Attorney Kenyen R. Brown of the Southern District of Alabama and Special Agent in Charge Robert Lasky of the Mobile Division of the FBI announce that Certified Nurse Practitioner Diantha Miller has been sentenced to 12 months and one day in federal prison, and has been ordered to pay $347,868.26 in restitution to Blue Cross/Blue Shield of Alabama.  Her sentencing comes three months after a federal jury found Miller guilty on two counts of healthcare fraud and one count of conspiracy.

            At trial, the evidence established that while Diantha Miller was the co-owned the Laser Skin Care Center of Mobile, she engaged in a scheme to fraudulently up-code, a scheme to fraudulently re-code, and conspired to with others to engage in both schemes.  Specifically, the jury found that Miller knowingly and willfully engaged in a scheme to falsify bills to insurance companies so that it would appear as if services were performed by Dr. Carpenter, not Miller.  This was done because patient services are reimbursed at higher rates when performed by physicians.  In addition, Miller knowingly and willfully engaged in a scheme to fraudulently alter billing codes on rejected bills so that the Laser Skin Care Center would be reimbursed.  Finally, the jury found that Miller conspired with Dr. Carpenter to commit these crimes. As co-owners of the business, Miller and Dr. Carpenter both benefited financially from the fraudulent billings. In total, these fraud schemes resulted in Laser Skin Care Center receiving nearly $1 million in fraudulent reimbursements.

            At Diantha Miller’s sentencing hearing, U.S. District Court Judge Callie V.S. Granade found that a reasonable estimate of the restitution owed to Blue Cross/Blue Shield was $347,868.26, but that the true loss caused by Miller’s fraudulent schemes was between $400,000.00 and $1,000,000.00.  Judge Granade also found that Miller organized and supervised the fraud schemes, and that her actions abused the trust instilled in her by Blue Cross/Blue Shield.  Ultimately, Judge Granade concluded that incarceration for 12 months and 1 day was a sufficient period of time to meet the ends of justice in this case.

            United States Attorney Kenyen Brown was pleased with today’s result: “By sentencing defendant Diantha Miller to over a year in federal prison, the Court has sent a strong message that those willing to engage in fraudulent medical billing practices should expect to wind up in federal prison.  My office will continue to vigorously prosecute fraud cases, particularly fraud cases that syphon money away from our healthcare system.”  Special Agent in Charge Robert Laskey also noted: “Health Care Fraud continues to be a tremendous problem, draining taxpayers’ dollars and putting them in the pockets of criminals,” said FBI Special Agent in Charge Robert F. Lasky. “The FBI will continue to dedicate a substantial amount of investigative resources to pursue those that steal from our healthcare system.”  A spokesperson for Blue Cross and Blue Shield of Alabama said the company is pleased with today’s ruling: “Financial losses due to healthcare fraud have a direct effect on our members.  Blue Cross remains committed to fighting fraud and abuse to protect our members’ health and well-being and help reduce the cost of healthcare.”

This case was investigated by FBI-Mobile and prosecuted by the U.S. Attorney’s Office for the Southern District of Alabama.

The United States Attorney for the Southern District of Alabama, Kenyen R. Brown, announces that Sulayman Basim Akbar was sentenced for failing to register as a sex offender in violation of Title 18, United States Code, Section 2250A. Judge Charles R. Butler sentenced Akbar to time served imprisonment and five years supervised release. The defendant also has to pay a $100 Special Assessment.

This case was investigated by the United States Marshal’s Service. The case was prosecuted by the United States Attorney=s Office for the Southern District of Alabama, AUSA Maria E. Murphy.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Marvin Tyrone White was sentenced today on a guilty plea to one count of access device fraud. White received $29,000 dollars in claims benefits from the Gulf Coast Claims Facility that he was not entitled to receive.

White was sentenced to the five years of probation and ordered to pay full restitution to the Gulf Coast Claims Facility. This case was investigated by the United States Secret Service and prosecuted by the United States Attorney’s Office.

The United States Attorney for the Southern District of Alabama, Kenyen R. Brown, announces that Ashley Robinson Fuqua, was sentenced today to serve 3 years probation, and to pay $20, 962.32 and a $100.00 SA. This case came to the attention of the Mobile Police Department when it was reported that new residents at Gordon Oaks had given Fuqua, an employee of Gordon Oaks, cash and checks intended to pay their rent and fees at the assisted living facility. Instead, Fuqua altered the checks and deposited them into her own account.

This case was investigated by the Mobile Police Department.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Carman Jeffery Johnson, Jr. of Mobile was sentenced, following an October 2014 guilty plea to a charge of being a prohibited person in possession of a firearm. Johnson was previously convicted in Mobile County of Possession of Marijuana First Degree, and Possession of a Firearm with Altered Identification in 2012. By virtue of these convictions, Johnson is prohibited from possessing firearms or ammunition.

On April 11, 2014, Johnson had two outstanding warrants for probation violations. Johnson was located at Campus Quarters Apartments on University Boulevard by the United States Marshal Service Fugitive Task Force. Johnson was taken into custody, and his backpack was searched incident to his arrest. In the backpack was a MAC 10, .45 caliber pistol, with 27 bullets in the magazine, a box containing 23 bullets, approximately twelve bags of marijuana/spice, and a stolen Glock .40 caliber pistol, with a laser and a magazine in the pistol loaded with 11 rounds of ammunition.

Possession of a firearm or ammunition by a previously convicted felon is a violation of Title 18, United States Code Section 922(g)(1). Chief United States District Court Judge William H. Steele imposed a 100 month sentence of imprisonment, to be followed by 3 years supervised release.

This case was referred for prosecution by Officer Shaun Wood of the Mobile County Street Enforcement Narcotics Team, who worked in coordination with Special Agent Lisa Reiter of the Federal Bureau of Investigation.

MOBILE, Ala. –  Barbara Nell Bush, 46, of Opelika, Alabama, was sentenced today in federal court for fraudulent use of EBT benefits.  Bush entered a guilty plea to the charge in August of 2014.  United States District Court Judge Callie V. S. Granade imposed a sentence of 18 months imprisonment and ordered that Bush pay $760.65 in restitution to the Department of Agriculture.  The judge also ordered that Bush serve three years of supervised release, which will begin immediately after her release from imprisonment.  Bush was ordered to undergo drug testing and treatment as a condition of her supervision. 

The case was investigated by the 4th Judicial Circuit Task Force, the United States Secret Service and the Department of Agriculture.  It was prosecuted in the United States Attorney=s Office by Assistant United States Attorney Gloria Bedwell.    

The United States Attorney, Kenyen Brown, announces that Alfred Earl, a 60 year old resident of Mobile, Alabama was sentenced today. Mr. Earl pled guilty to theft of government funds on October 20, 2014. Mr. Earl’s mother died in 1986, and at that time, she was receiving SSA widow’s benefits. Her benefits continued to be deposited monthly into her bank account at a local bank more than 24 years after her death. Mr. Earl had sole access to his mother’s bank account and withdrew the money out every month for 25 years and used it for his personal use and enjoyment knowing he should have contacted the Social Security Administration and had the benefits for his dead mother terminated. Mr. Earl was sentenced today to a five year probationary term and order to repay the Social Security Administration $95,744.20, which was the total amount he stole over the 25 year period.

Special Agents of the Social Security Administration’s Office of Inspector General 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.

MOBILE, AL-- United States Attorney Kenyen R. Brown announces that Isiah Smith was sentenced on January 16, 2015 to twenty four months confinement by United States District Court Judge Kristi K. DuBose. Smith was sentenced for the federal felony offense of Possession with the Intent to Distribute Crack Cocaine. Court papers revealed that undercover officers purchased small amounts of crack cocaine from Smith on six separate occasions. Smith also received an additional twelve month term of confinement, to run consecutive with the twenty four month sentence, as he was on federal supervised release from a prior federal felony drug conviction when he committed the current offense.

The case was investigated by the Alabama Alcoholic Beverage Control Board and the Wilcox County Sheriff’s Office.

The United States Attorney, Kenyen Brown, announces that Darron L. Ruffin, Jr., a 40 year old resident of Lisman, Alabama was sentenced today. Mr. Ruffin pled guilty to possession of a .40 caliber pistol on July 4, 2014, after being convicted of Assault 1st Degree in 1994. Mr. Ruffin took the firearm into a local nightclub and physically assaulted two of the patrons with the firearm, fled the scene, and was apprehended approximately 30 minutes later in possession of the pistol.

Choctaw County Sheriff’s Office deputies 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.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Schevris Hawkins, a resident of Mobile, Alabama, was sentenced today by United States District Court Judge Granade to a custody sentence of 113 months.

Hawkins had previously entered a guilty plea to attempt to possess with intent to distribute a kilogram of cocaine.

The matter was investigated by the Office of Homeland Security, HSI, and the Mobile County Sheriff’s Office and was prosecuted by AUSA Deborah Griffin.

MOBILE, AL-- United States Attorney Kenyen R. Brown announces that Rickey Lorenzo Vaughn was sentenced on January 8, 2014 to five months and one day confinement by United States District Court Judge Callie V.S. Granade. Vaughn was sentenced for the federal felony offense of Possession with the Intent to Distribute Heroin. Vaughn would have received a twelve month sentence but the Court structured his sentence to give him credit for the seven months he had already served.

The case was investigated by the 35th Judicial Circuit Task Force.

MOBILE, Ala. – Aundre Devon Holifield, 24, and his brother Akeem Orlando Holifield, 21, both of Marion, Alabama, were sentenced in federal court today for selling a firearm to a convicted felon. The brothers pled guilty to the charge in July of 2014.

United States District Court Judge Kristi K. Dubose imposed sentences of time served for each defendant, and placed them on three years’ supervised release. She instructed each of the brothers to get a job within the next 60 days or bring a doctor’s note excusing them from employment. Judge Dubose ordered that each brother would pay a $100 special mandatory assessment, but she did not impose a fine.

The case was investigated investigated by the 4th Judicial Drug Task Force, the Alabama Attorney General’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.