Southern District of Alabama

United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that a federal jury in Mobile has convicted Certified Nurse Practitioner Diantha Miller of two counts of healthcare fraud and one count of conspiracy following a three-day trial.

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 do both with her business partner, Dr. Lawrence Carpenter. Specifically, the jury found that Diantha 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 Diantha Miller. As a general matter patient services are reimbursed at higher rates when performed by physicians. In addition, Diantha 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 Diantha Miller conspired with Dr. Carpenter to commit these crimes. As co-owners of the business, Diantha 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.

United States Attorney Kenyen Brown was very pleased with today’s result: “Today’s jury verdict is a yet another example demonstrating that citizens of our district will not tolerate cheaters enriching themselves through fraud. My office will continue to vigorously prosecute fraud cases, particularly fraud cases that syphon money away from our healthcare system.” FBI Special Agent in Charge Robert F. Lasky also noted, “The FBI views health care fraud as a severe crime problem, which drains taxpayers’ dollars and puts them in the pockets of criminals. The FBI will continue to dedicate a substantial amount of resources to investigate these fraudulent schemes.”

This case was investigated by FBI-Mobile and prosecuted by 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 today that Assistant United States Attorney (AUSA) Suntrease Williams-Maynard will lead the efforts of his Office in connection with the Justice’s Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Williams-Maynard has been appointed to serve as the District Election Officer (DEO) for the Southern District of Alabama, and in that capacity is responsible for overseeing the District’s handling of complaints in election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

United States Attorney Kenyen R. Brown said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Kenyen R. Brown stated that AUSA/DEO Williams-Maynard will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number: (251) 441-5845.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (251) 438-3674.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

United States Attorney Kenyen R. Brown said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

MOBILE, AL-- The United States Attorney, Kenyen R. Brown, announces that Kevin Marion was sentenced to thirty-six months imprisonment on October 24, 2014 by United States District Court Judge William H. Steele, after pleading guilty to conspiracy to possess with the intent to distribute cocaine in violation of Title 21 USC '846. Marion’s co-defendant, David Henley, was sentenced in January. The case was investigated by the Drug Enforcement Administration.

The United States Attorney, Kenyen R. Brown, announces that Lovell Rhodes, a 77 year old resident of Mobile, Alabama was sentenced today. Mr. Rhodes pled guilty to theft of government funds on July 21, 2014. Mr. Rhodes mother died in 1997, and at that time, she was receiving SSA widow’s benefits. Her benefits continued to be deposited monthly into her bank account at Regions Bank for more than seven years after her death. Mr. Rhodes was sentenced today to a five year probationary term and order to repay the Social Security Administration $132,572.00, which was the total amount he stole over the seven 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, Ala. – Jose Mauricio Lopez, 46, of Houston, Texas, was sentenced in federal court to 70 months imprisonment for his role in driving a load of cocaine and heroin from Texas through Baldwin County in route to Florida. Court documents reflect that Lopez’s vehicle was stopped on I-10 by a Baldwin County sheriff’s deputy for following too closely. Lopez was the sole occupant of the vehicle and the ensuing investigation resulted in the discovery of 12.9 kilograms of cocaine and 2.4 kilograms of heroin, all concealed in the fuel tank of the vehicle. Lopez entered a guilty plea to conspiracy to possess with intent to distribute cocaine and heroin in April of 2014 and was sentenced today by United States District Court Judge Callie V. S. Granade.

The judge also ordered that Lopez serve a three-year term of supervised release, to begin when he is discharged from his prison sentence, and that he pay $100 in special mandatory assessments. No fine was imposed.

The case was investigated by the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force, and the Drug Enforcement Administration. 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 today that Rodriquez Keandre Clayton of Demopolis was sentenced following a July 2014 guilty plea to a charge of being a prohibited person in possession of a firearm. Clayton was previously convicted of Assault, Second Degree on December 19, 2013, in the Circuit Court of Marengo County, Alabama. By virtue of this conviction Clayton is prohibited from possessing firearms or ammunition. Clayton knowingly possessed a Bryco Arms .380 semi-automatic pistol on May 3, 2014.

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 52 month sentence of imprisonment, to be followed by 3 years supervised release.

This case was investigated by Special Agent Nicholas P. Murphy of the Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from members of the Demopolis Police Department.

United States Attorney Kenyen R. Brown announced that his office has reached an agreement with the Employees and the Teachers Retirement Systems of Alabama (collectively “RSA”) and their wholly owned subsidiary PCH Hotels and Resorts, Inc. (“PCH”) to make it easier for individuals with disabilities to use the landmark Renaissance Mobile Battle House Hotel and Spa (“Hotel”) in Mobile, AL.  The agreement, filed as a consent decree along with a complaint, was approved today by the U.S. District Court for the Southern District of Alabama.  It resolves charges by the United States Attorney’s Office that RSA and PCH violated Title III of the Americans with Disabilities Act (ADA) when they constructed and renovated the Battle House Hotel.

            The Battle House, a landmark building in downtown Mobile, Alabama, was originally built in 1852.  The current structure, built in 1908, was central to the city’s commercial and social life for decades.  Closed in the early 1970’s, the hotel remained shuttered until it was purchased by RSA in 2002.  During the course of an extensive restoration, RSA added a new parking deck, spa, pool, and fitness center, and constructed the adjacent office building, RSA Battle House Tower (“the Tower’).  Today the Battle House once again plays an important part in downtown Mobile civic life and is the flagship of RSA investment in Mobile.

            Acting on a complaint from a wheelchair user, in 2013 the United States conducted an ADA compliance survey of the Hotel and Tower.  RSA cooperated fully in the survey process, which revealed significant violations of the ADA.  In order to ensure that people with disabilities be able to use the Battle House and its amenities to the fullest extent possible, RSA has agreed to remedy all ADA violations and to enter into the consent decree. 

            The complaint alleges that, among other problems:

1. The main entrance to the Battle House on Royal Street has no curb ramps or demarcated passenger loading zones.  Wheelchair users must travel along a lane of traffic to reach a city curb ramp at the intersection of Royal and St. Francis Streets to gain access to the Hotel;
2. The interior ramp for wheelchair users inside the Dauphin Street entrance is partially obstructed by a structural column.  Various other ramps and corridors in the Hotel and Tower are too steep, or do not allow proper turning room;
3. Wheelchair users entering the Battle House from St. Francis Street find their path to the Hotel blocked by stairs.  As a result, they must turn in the opposite direction and circle around the entire ground floor of the Tower before reaching a ramp which leads to the Hotel;
4. The main swimming pool and outdoor hot tub, as well as the spa whirlpools in the men’s and women’s spas, provide no means of access for people with disabilities.  Showers and dressing rooms in the spas and fitness center also fail to meet ADA standards;
5. The best rooms in the Hotel are unavailable to people with disabilities.  Bathrooms and other features of those rooms that are accessible do not comply with the ADA standards;
6. There is no signage to indicate the accessible entrances to the Hotel or accessible routes within the Hotel.

            In addition to requiring RSA and PCH to remedy ADA violations described in the complaint, the consent decree commits them to adopt new policies and procedures and to provide training on the ADA to employees.

            “Ensuring that the historic Battle House is accessible to everyone, including individuals with disabilities, is a win-win resolution,” said United States Attorney for the Southern District of Alabama Kenyen R. Brown.  “ADA compliant facilities aid the disabled and make our community more welcoming and business friendly.  We commend RSA and PCH for their commitment to open the Battle House to everyone, regardless of disability.”

            The claims settled by this agreement are allegations only, and there has been no determination of liability.  The investigation and litigation were conducted by the United States Attorney’s Office for the Southern District of Alabama and the Justice Department’s Civil Rights Division.  The US Attorney’s Office commends former Assistant United States Attorney Gary Moore and ADA contractor Rick Hinrichs for their investigation of this case, along with DOJ Architect Diane Perry.  The attorney handling the case is Assistant United States Attorney Holly L. Wiseman.

            The case is captioned United States of America v. Employees Retirement Systems of Alabama, Teachers’ Retirement Systems of Alabama, and PCH Hotels and Resorts, Inc., 1:14-cv-00478-CB-N.

The United States Attorney, Kenyen R. Brown, announces that Kawarren D. Pugh, a 36 year old resident of Mobile, Alabama was sentenced today. Mr. Pugh pled guilty to two violations of the felon in possession statute. His first guilty plea was on June 19, 2014, and the second one was on August 18, 2014. He was sentenced to a concurrent term of 84 months incarceration followed by three years of supervised release. Prior to the guilty pleas, Mr. Pugh had been convicted of two felonies.

Special Agents of the Bureau of Tobacco, Firearms and Explosives along with the United States Marshall’s Service investigated the cases 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 Allen L. Bryant, a 48 year old resident of Jasper, Florida was sentenced today. Mr. Bryant pled guilty on June 16, 2014, to aggravated identity theft. Mr. Bryant received a mandatory two years of incarceration followed by one year of supervised release. Mr. Bryant participated in the scheme using the identities of deceased victims, their names, dates of birth and social security numbers to file for federal income tax refunds. He directed that the refunds be wired into his personal checking account.

Special Agents of the Internal Revenue Service/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.

The United States Attorney Kenyen R. Brown announces that Anthony S. King, a 35 year old resident of Mobile, Alabama, was sentenced today. Mr. King pled guilty on February 5, 2014, to Possession with intent to distribute 226 grams of cocaine. Mr. King received a sentence of 130 months incarceration followed by three years of supervised release. His sentence was enhanced based, in part, on two prior federal felony drug distribution convictions that qualified him as a Career Offender.

The Mobile, Alabama Police Department 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.

In a federal drug case, Judge William H. Steele imposed a sentence of 121 months imprisonment on Michael Lamar Sweat, 38, of Wilmer, who was convicted of conspiracy to manufacture methamphetamine and possession of a List I chemical with knowledge it would be used to manufacture a controlled substance.  Sweat was found guilty of the two charges by a federal jury in June of 2014.  Judge Steele ordered that the sentences run concurrently on the two counts.  In addition, the judge ordered that Sweat would serve three years’ supervised release after he comes out of prison, and that Sweat pay $200 in special mandatory assessments.  The judge further ordered that Sweat undergo testing and treatment for drug abuse during his supervision.  No fine was imposed.

The case was investigated by the Mobile County Sheriff’s Office.  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 today that Tony Lashone Gray of Mobile was sentenced following a June 2014 guilty plea to a charge of being a prohibited person in possession of a firearm. Gray was previously convicted of Possession of Cocaine in 2007 and 2012, and Theft of Property in 2000, in Mobile County Circuit Court. By virtue of these convictions, Gray is prohibited from possessing firearms or ammunition. Gray knowingly possessed a .45 caliber semiautomatic Glock pistol on December 23, 2013.

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 92 month sentence of imprisonment, to be followed by 3 years supervised release.

This case was referred for prosecution by the Mobile Police Department and investigated by Special Agent Nicholas P. Murphy of the Bureau of Alcohol, Tobacco, Firearms & Explosives.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announces today that Anthony Terrill Williams of Pensacola, Florida was sentenced following a June 2014 guilty plea to a charge of being a prohibited person in possession of a firearm. Williams was previously convicted of Possession of a Firearm by a Convicted Felon in 2011, in the Circuit Court of Escambia County, Florida. By virtue of prior felony convictions, Williams is prohibited from possessing firearms or ammunition. Williams knowingly possessed a .32 caliber revolver on August 2, 2013.

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 37 month sentence of imprisonment, to be followed by 3 years supervised release.

This case was referred for prosecution by Officer Rick Oliver of the Daphne Police Department. Assistance in research concerning the firearm was provided by the Bureau of Alcohol, Tobacco, Firearms & Explosives.

The United States Attorney for the Southern District of Alabama, Kenyen R. Brown, announces that CHRIS CHARLES CHAMBERS and SCOTT THOMAS TOTO have been sentenced passing counterfeit United States currency in violation of Title 18, United States Code, Section 471.  Judge William Steele sentenced Chambers to serve 30 months imprisonment and Toto to serve 33 months imprisonment.  Both defendants have to pay a $100 SA, restitution and serve three years supervised release after their release from incarceration.

This case was investigated by Baldwin County Sheriff’s Office and the United States Secret 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 Tamer Shaher Foqahaa, a resident of Mobile, Alabama, entered a guilty plea today before Chief United States District Court Judge William Steele to a one count Information charging a conspiracy to possess with intent to distribute a controlled substance.

The matter was investigated by the DEA, the HSI and MCSENT and was prosecuted by AUSA Deborah Griffin.

Adrian Alexusia Benson, 37, of Daphne, Alabama, was sentenced in federal court this morning for his illegal importation of controlled substances.  In May of 2014, Benson had pled guilty to the importation of Ketamine, a Schedule III controlled substance, and to attempting to import Anabolic Steriods and Xanax, Schedule III and IV controlled substances respectively.

United States District Court Judge William H. Steele ordered that Benson serve three years probation for the offenses.  The judge also ordered that Benson undergo testing and treatment for drug abuse while he is on probation, and required that Benson pay $300 in special mandatory assessments.

The case was investigated by the Department of Homeland Security Investigations and the United States Postal Inspectors.  It was prosecuted in the United States Attorney's Office by Assistant United States Attorney Gloria Bedwell.

United States Attorney Kenyen R. Brown announces that Daniel Norman Howard, Jr. was sentenced on September 22, 2014 to twenty-seven months confinement by United States District Court Judge Charles R. Butler. Howard plead guilty to being a Felon in Possession of a Firearm. Howard’s prior felony conviction was for Possession of Cocaine in the Circuit Court of Mobile County, Alabama, on or about July 27, 1999. The firearm Howard possessed was a loaded FNP, Model ACP .45 caliber handgun.

The case was investigated by the Mobile County Sheriff’s Office, Narcotics Division.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Faye Levene White, a resident of Mobile, Alabama, was sentenced to probation and ordered to make restitution in the amount of $55,000 today in connection with her guilty plea before United States District Court Judge Kristi Dubose to mail fraud.

White admitted a fraudulent BP oil spill claim was filed on her behalf and that she received funds to which she was not entitled.

The matter was investigated by the Mobile Field Office of the FBI and was prosecuted by AUSA Deborah Griffin

The United States Attorney, Kenyen R. Brown, announces that Teborius Gaines, a 31 year old resident of Las Vegas, Nevada was sentenced today.   Mr. Gaines pled guilty on May 16, 2014, to participation in a mail fraud scheme. Mr. Gaines received a five year probationary sentence and was ordered to serve the first six months of the sentence on home confinement, to maintain employment, and to pay restitution in the amount of $13,400.00.

Special Agents of the United States Secret Service 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 Brown announces that Stephanie Hollifield, a 34 year old resident of Grove Hill, was sentenced today.   Mrs. Hollifield pled guilty on May 15, 2014, to unlawfully using the credit cards she stole from the home of her employer. She was sentenced to a five year probationary term and order to pay $2,406.96 restitution.

Officers of the Foley, Alabama Police Department 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, Daryl Atchison.

Abraham Alfonia Malone, 58, of Mobile, was sentenced in federal court this morning on three counts of possession with intent to distribute crack cocaine.  Malone had been convicted in 2003 for conspiracy to possess with intent to distribute crack cocaine and sentenced to 120 months custody.  He was released in 2011 to an eight-year term of supervised released, and was arrested in February of 2014 on the new charges.  Malone pled guilty to the three new counts in May of 2014.

United States District Court Judge William H. Steele conducted a hearing on the petition to revoke Malone’s supervised release term in connection with the sentencing hearing on the new charges.  Judge Steele ordered Malone’s supervised release term revoked, and imposed a sentence of 51 months imprisonment.  He also imposed a 24-month term of imprisonment on the new charges, but ordered that the sentences on the new charges would run consecutively to the sentence for the supervised release violation.  Accordingly, Malone will serve a total of 75 months in custody.  Judge Steele ordered that Malone serve another term of supervised release at the conclusion of his custody sentence, this time for six years.  No fine was imposed, but the judge ordered that Malone would pay $300 in special mandatory assessments.

The case was investigated by the Mobile County Sheriff’s Office.  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 Jody Michael Smith, a resident of Oregon, entered a guilty plea today before United States District Court Judge Kristi DuBose to a one-count Information charging conspiracy to commit wire fraud.

Smithadmitted that he andothers operated a fraud scheme, commonly known as “cookie stuffing,” using affiliate marketing programs.  They created “forced clicks” by unsuspecting web shoppers, which allowed Smith and members of the conspiracy to receive commissions for sales they did not generate, thus defrauding legitimate advertisers and the company paying for the advertising. 1. This was done primarily through Linkshare Corporation and Google, to victimize Fareportal, Inc.

Smith faces a maximum statutory penalty of 20 years in prison and a $250,000 fine.

The matter was investigated by the Mobile Field Office of the U.S. Secret Service and was prosecuted by AUSA Deborah Griffin.

1. Affiliate marketing is internet performance-based marketing which, by using an individual’s websites or advertisements, directs traffic to another website in the “network” and receives credit for either pay per click (PPC) or pay per action (PPA) if the user travels to the website.  

The United States Attorney Kenyen Brown announces that Donterrio Evans, a 30 year old resident of Mobile, was sentenced today.  Mr. Evans pled guilty on May 22, 2014, to possession of a .40 caliber Smith & Wesson pistol found in his possession after police arrested him on unrelated robbery charges.  At that time, Mr. Evans had been convicted of Receiving Stolen Property.  As a convicted felon, he was prohibited from possessing firearms.

Officers of the Mobile Police Department along with 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 Brown announces that James R. Robinson, a 35 year old resident of Mobile, was sentenced today.  Mr. Robinson pled guilty on May 15, 2014, to possession of a 9mm Smith & Wesson 9mm pistol found on his person after police stopped him to investigate his suspicious reaction to their presence.  At that time, Mr. Robinson had been convicted of Unlawful Possession of a Controlled Substance.  As a convicted felon, he was prohibited from possessing firearms.

Officers of the Mobile Police Department 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 announces today that Marlique Jermaine Bridges of Mobile was sentenced following a May 2014 guilty plea to a charge of being a prohibited person in possession of a firearm. Bridges was previously convicted in Mobile County of Robbery, First Degree in 2012. By virtue of this conviction, Bridges is prohibited from possessing firearms or ammunition.

Possession of a firearm by a felon is a violation of Title 18, United States Code Section 922(g)(1). At the time of this offense, Bridges was on probation for his 2012 robbery conviction. Subsequently, Bridges’ state probation was revoked.   Chief United States District Court Judge William H. Steele imposed a sentence of 48 months on the federal charge, to be served consecutively to Bridges’ twenty year robbery sentence on his probation revocation. The federal sentence of imprisonment will be followed by a three year term of supervised release.

This case was referred to the U.S. Attorney’s Office for federal prosecution by Sgt. Louis Screws of the Mobile Police Department, who also serves as a Task Force Officer with the Bureau of Alcohol, Tobacco, Firearms & Explosives.

 United States Attorney, Kenyen R. Brown announced Johnnie Lee Parks, 43, of Mobile, was sentenced today in federal court to 33 months imprisonment for his illegal possession of a firearm. Parks was previously convicted of possession of marijuana first when he was found in possession of a handgun under suspicious circumstances. United States District Court Judge William H. Steele imposed the sentence this morning.

Judge Steele ordered that Parks undergo mental health and drug abuse treatment, and that he serve a three-year term of supervised release when he is released from custody.   The judge did not impose a fine, but did order that Parks pay $100 in special mandatory assessments.

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.

The United States Attorney, Kenyen R. Brown, announced today the sentencing of Janet Marie Boykin. Judge William H. Steele sentenced Janet Marie Boykin to a year and a day imprisonment. Boykin, 53, of Robertsdale, was indicted in July of 2013 along with seven co-defendants, charged with conspiracy to manufacture methamphetamine. The conspiracy began in or about 2009 and continued through 2013. She entered a guilty plea to the conspiracy charge in March of 2014 and was sentenced this morning.

Judge Steele ordered that Boykin would undergo drug testing and treatment as a condition of a four-year term of supervised release, which will follow the custody sentence. The judge also ordered that Boykin pay $100 in special assessments, but no fine was imposed.

The case was investigated by the Loxley Police Department, the Baldwin County Drug Task Force, and the Baldwin County Sheriff’s Office. 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 today that Tyree Arvell Monroe, Trayon Alphonse Caulton and Walter J. Porter of Mobile were sentenced following April 2014, guilty pleas to a charge of theft of firearms from a federally licensed firearm dealer.

On September 20, 2013, Monroe, Caulton and Porter, along with a juvenile, entered the Quik Pawn on Cottage Hill Road and committed an armed robbery in which they stole elven (11) firearms from the store’s inventory.

Theft from a federal firearms licensee is a violation of Title 18, United States Code Section 922(u). Chief United States District Court Judge William H. Steele imposed the following sentences of imprisonment: Monroe received a sentence of 70 months; Caulton received a sentence of 57 months; and, Porter received a sentence of 63 months. The sentences of imprisonment will be followed by a 3 year term of supervised release.

This case was investigated by Special Agent Wade Vittitow of the Bureau of Alcohol, Tobacco, Firearms & Explosives, following a referral of the case for federal prosecution by the Mobile Police Department.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announces today that Shawn Ephisian Taylor of Mobile was recently sentenced following an April 2014 guilty plea to a charge of being an illegal drug user in possession of a firearm.

Possession of a firearm by an illegal drug user is a violation of Title 18, United States Code Section 922(g)(3). Taking into account the Defendant’s criminal history and the circumstances of the offense, Chief United States District Court Judge William H. Steele imposed a sentence of 70 months. The sentence of imprisonment will be followed by a three year term of supervised release.

This case was investigated by Sgt. Louis Screws of the Mobile Police Department and is assigned as a Task Force Officer with the Bureau of Alcohol, Tobacco, Firearms & Explosives.

Mobile, Alabama-based Infirmary Health System Inc. (IHS), two IHS-affiliated clinics and Diagnostic Physicians Group P.C. (DPG) have agreed to pay the United States $24.5 million to resolve a lawsuit alleging that they violated the False Claims Act by paying or receiving financial inducements in connection with claims to the Medicare program, the Justice Department announced today.

“Financial arrangements that compensate physicians for referrals encourage physicians to make decisions based on financial gain rather than patients’ needs,” said Assistant Attorney General for the Civil Division Stuart F. Delery. “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs.”

The government’s suit alleged that two IHS affiliated clinics -- IMC-Diagnostic and Medical Clinic, in Mobile, and IMC-Northside Clinic, in Saraland, Alabama -- had agreements with DPG to pay the group a percentage of Medicare payments for tests and procedures referred by DPG physicians, in violation of the Physician Self-Referral Law (commonly known as the Stark Law) and the Anti-Kickback Statute. Also named in the lawsuit was Infirmary Medical Clinics P.C. (IMC), an affiliate of IHS that directly owns and operates approximately 30 clinics in the Mobile area, including the two clinics involved in this lawsuit.

The Anti-Kickback Statute and the Stark Law are intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives. The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by federal health care programs, including Medicare. The Stark Law forbids a hospital or clinic from billing Medicare for certain services referred by physicians who have a financial relationship with the entity.

According to the government’s complaint, in 1988, IMC purchased IMC-Diagnostic and Medical Clinic from DPG and agreed to pay DPG a share of the revenues the clinics collected, including Medicare revenues from diagnostic imaging and laboratory tests. After IMC acquired the IMC-Northside Clinic in 2008, the physicians practicing there joined DPG and entered into an agreement with the same key terms as the earlier agreement with IMC-Diagnostic and Medical Clinic. The government contended that these payments were illegal kickbacks and constituted a prohibited financial relationship under the Stark Law, and that in June 2010, an attorney for DPG warned employees of both IMC and DPG that the compensation being paid to the physicians likely violated the law. Nevertheless, the agreements allegedly were neither modified nor terminated for another 18 months.

The lawsuit was originally filed by Dr. Christian Heesch, a physician formerly employed by DPG, under the whistleblower provisions of the False Claims Act. Those provisions authorize private parties to sue on behalf of the United States and to receive a portion of any recovery. The act permits the United States to intervene and take over the lawsuit, as it did in this case with respect to some of Dr. Heesch’s allegations. Dr. Heesch will receive $4.41 million as his share of the settlement.

“Today’s settlement represents a single but significant step towards achieving integrity in the administration of public health programs in this region,” said U.S. Attorney Kenyen Brown for the Southern District of Alabama. “Physicians, physician groups and other medical entities operating illegally within public health programs will be held accountable. I also commend whistle blowers like Dr. Christian Heesch, who helped bring this particular case to light.”

As part of the settlement announced today, the settling defendants have also agreed to enter into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), which obligates the defendants to undertake substantial internal compliance reforms and to submit its federal health care program claims to independent review for the next five years.

“Patients must know that medical advice is based on best practices, not on their provider’s bottom line,” said HHS-OIG Special Agent in Charge Derrick L. Jackson. “We are pleased these allegations are resolved and will continue to work with the U.S. Department of Justice to investigate and pursue illegal, wasteful business arrangements.”

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $20.2 billion through False Claims Act cases, with more than $14 billion of that amount recovered in cases involving fraud against federal health care programs.

The investigation and litigation were conducted by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Southern District of Alabama, HHS-OIG and the FBI. The claims settled by this agreement are allegations only, and there has been no determination of liability.

The case is captioned U.S. ex rel. Heesch v. Diagnostic Physicians Group, P.C. et al., Civil Action No. 11-0364-KD-B (S.D. Ala.).

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Michael Dewayne Kimbrell, 52, of Saraland was sentenced to fifteen years in prison for receipt and distribution of child pornography. Kimbrell was sentenced by United States District Judge Charles R. Butler. Following his release, Kimbrell will be supervised by the United States Probation Office for the rest of his life and will be required to register as a sex offender.

Kimbrell pled guilty to the charge in November, 2013. He has been in custody since his arrest in June of 2013. The investigation revealed that Kimbrell had actively sought out and traded child pornography with other internet users, as well as downloaded images and videos of child pornography. Investigators recovered thousands of computer images, hundreds of videos, and more than 4,000 hard copy printouts from Kimbrell of victims as young as two years old. During a polygraph interview, Kimbrell initially denied ever having inappropriate contact with a child, but after being confronted with the results of the polygraph, ultimately admitted that when he was younger, he lured a toddler under a bridge, removed her diaper, and molested her.

The case was investigated by the Federal Bureau of Investigation. The prosecution was handled by Assistant United States Attorney Sean P. Costello as part of the Department of Justice’s Project Safe Childhood initiative, a unified and comprehensive strategy to combat child exploitation. The goal of Project Safe Childhood is to reduce the incidence of sexual exploitation of children. For more information, please visit http://www.justice.gov/psc/

Francisco Weinmann-Cervantes, Delia Wong De Weinmann and Ana Cristina Romero- Weinmann pled guilty today in the U.S. District Court for the Southern District of Alabama before the Honorable Judge Callie V.S. Granade to conspiring knowingly to harbor aliens.

Specially, the defendants pled to knowingly and recklessly disregarding of the fact that aliens had come to, entered, and remained in the United States, in violation of the law.  The defendant then concealed, harbored and shielded them from detection  to enable the aliens they harbored to perform construction work for the defendants and their company for the purpose of private financial gain to the defendants.

The guilty pleas were announced by United States Attorney Kenyen R. Brown of the Southern District of Alabama. The sentence is set for December 8, 2014 at 1:00 pm before Judge Granade.

This case was investigated by Homeland Securities Investigation and prosecuted by Assistant U.S. Attorneys, Gregory A. Bordenkircher and Sinan Kalayoglu.

The United States Attorney for the Southern District of Alabama, Kenyen R. Brown, and NOAA Fisheries Office of Law Enforcement Special Agent in Charge Tracy A. Dunn announce that David Braley was sentenced yesterday in two related cases.  First, Braley was sentenced to serve 30 months imprisonment for violations of the Lacey Act, Title 16, United States Code, Section 3372 and 3373.  This charge was based on illegal sales of Gulf of Mexico Reef Fish including Red Snapper with a market value of $10,660.50.  Braley was ordered to pay $3,731.18 in restitution to the owner of the vessel he used to illegally catch and sell the fish and $319.82 to the National Marine Fisheries Service.

Braley was also sentenced to serve 63 months imprisonment concurrently to the first sentence for retaliation against a witness who had provided information in the Lacey Act Case.  This charge was based on postings Braley made on Facebook threatening physical violence to a witness.

This case was jointly investigated by the NOAA Fisheries Office of Law Enforcement, Florida Fish and Wildlife Conservation Commission and Alabama Marine Resource Division.  The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama and the Environmental Crimes Section of the Department of Justice.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announces today that Larry Gene Broadnax of Mobile was sentenced following a March 2014 guilty plea to a charge of being a prohibited person in possession of a firearm.  Broadnax was previously convicted in Mobile County in 2010, of Unlawful Distribution of a Controlled Substance and Robbery.  By virtue of these convictions, Broadnax is prohibited from possessing firearms or ammunition.  Broadnax possessed a 20 gauge and a 12 gauge shotgun on April 30, 2013, in connection with a home invasion burglary he participated in with three other individuals.  During the home invasion a female occupant of the residence was raped by one of the individuals with Broadax.

Possession of a firearm or ammunition by a previously convicted felon is a violation of Title 18, United States Code Section 922(g)(1).  United States District Court Judge Callie V.S. Granade imposed the statutory maximum sentence of 10 years imprisonment, to be followed by 3 years supervised release.

This case was investigated by Detective Brad Grandquest of the Mobile County Sheriff’s Office and Task Force Officer Lorne Watts of the Bureau of Alcohol, Tobacco, Firearms & Explosives.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced today that Alonzo Spencer of Mobile, Alabama, was sentenced following a March 2014 guilty plea to a charge of being a felon in possession of ammunition.  Spencer was previously convicted in Mobile County Circuit Court of Assault in 1984 and 1999, and Burglary in 1984.  By virtue of these convictions, Spencer is prohibited from possessing firearms or ammunition.  Spencer pled guilty to prohibited possession of multiple rounds of various type of ammunition.

Possession of a firearm or ammunition by a 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 sentence of 84 months, to be followed by 3 years of supervised release.

This case was investigated by the Mobile Police Department and Special Agent Nicholas P. Murphy of the Bureau of Alcohol, Tobacco, Firearms & Explosives.

MOBILE, Ala. –  Nathan Edward Prim, 32, of Foley, was sentenced in federal court for his possession of a firearm after he had been convicted of a felony offense.  Prim was also sentenced on a second count, which charged that he was illegally in possession of a firearm with an obliterated serial number.  Prim had entered guilty pleas to both charges in March of 2014.

At the sentencing hearing on June 26, United States District Court Kristi Dubose heard testimony from a Mobile police officer about the facts surrounding Prim’s arrest.  The officer testified that Prim attempted to pull the gun from his waistband when he physically restrained Prim and a second officer disarmed him.  The judge imposed a sentence of 160 months imprisonment in Prim’s case.  Prim will pay $200 in special assessments, and following his release from imprisonment, he will serve three years on supervised release.

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 Kenyen Brown announces that James Lee Collins, Jr. was sentenced on June 25th in Federal Court after pleading guilty to conspiracy to pass and utter United States treasury checks with falsely made and forged endorsements and signatures.  The scheme primarily involved stolen or fraudulent federal tax refund checks.  Collins received a sentence of 46 months imprisonment, with 3 years of supervised release to follow.  Collins was also ordered to pay over $800,000 in restitution.

The investigation was conducted by the United States Secret Service, the Internal Revenue Service, the United States Postal Inspection Service and the South Alabama Financial Crimes Task Force.

“The prison time received by Mr. Collins should serve as a strong warning that tough punishment awaits those who embark on a similar criminal path,” stated Veronica F. Hyman-Pillot, IRS Criminal Investigation Special Agent in Charge.  “IRS Criminal Investigation has made investigating refund fraud and identity theft a top priority and we will vigorously pursue those who undermine the integrity of the U.S. tax system.”

Assistant United States Attorney Daryl Atchison handled the prosecution of the case on behalf of the United States.

United States Attorney Kenyen Brown announces that Keith Kidd was sentenced today in Federal Court after pleading guilty to being a felon in possession of a firearm.  Kidd received a sentence of 18 months imprisonment, with 3 years of supervised release to follow.  Kidd was taken into custody immediately after the hearing to begin serving his sentence.

The investigation was conducted by the Daphne Police Department.  Assistant United States Attorney Daryl Atchison handled the prosecution of the case on behalf of the United States.

United States Attorney Kenyen Brown announces that Cecil R. Rice, Jr. was sentenced today in Federal Court after pleading guilty to possession with intent to distribute marijuana.  Rice received a sentence of 46 months imprisonment, with 3 years of supervised release to follow.

The investigation was conducted by Homeland Security Investigations with the assistance of the Baldwin County Sheriff’s Office.  Assistant United States Attorney Daryl Atchison handled the prosecution of the case on behalf of the United States.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Jefferson Bruce McKittrick, a resident of Mobile, Alabama, entered a guilty plea today before United States District Court Judge Kristi DuBose to a one-count Information charging conspiracy to commit wire fraud.

McKittrickadmitted that he andothers operated a fraud scheme, commonly known as “cookie stuffing,” using affiliate marketing programs.  He created “forced clicks” by unsuspecting web shoppers, which allowed McKittrick and members of the conspiracy to receive commissions for sales they did not generate, thus defrauding legitimate advertisers and the company paying for the advertising. This was done primarily through Linkshare Corporation and Google, to victimize Fareportal, Inc.  During the course of the conspiracy McKittrick received approximately $1,830,000.

McKittrick was operating several online accounts listed in his own name as well as several other accounts listed in other names. The placement of the “cookies” generated “forced clicks” from users who visited their sites without the user having visited their affiliated sites with the ads.  The tracking cookie was “forcefully” loaded onto the users’ computers from the site with the ad which then created a fraudulent, “forced click” credit to McKittrick and others.

During the time the conspiracy operated, McKittrick emailed a member of the conspiracy as follows:

"Please dont tell anyone though and keep this venture between us, to keep footprints away and keep this method on the down low ..lol . . .  ALso, wanted to let you know..That I have been perfecting another method I am doing..and I am banking MAJOR money with it.. The problem is, I cant bank that much in 1 account, I have to spread the earnings,..So if you want in on it.. I If you have a linkshare account..I can do it with you, and I will put starting out only 3K a month in it, because I have to start it slow, but then the next month go up to 4K then 5k and so on..etc..etc.. . . . .     The linkshare will 100% be the number I say, because I could LITERALLY make 25K a day if I wanted too, but ..lol. It would get banned."

The majority of the e-mail correspondence between McKittrick and members of the conspiracy involved discussions about opening different accounts and methods of exploiting those accounts to receive the highest levels of revenue, all while avoiding detection and being shut down.

“Internet fraud has a devastating impact on our consumers, as advertising expenses are added to the cost of items the consumer buys ” U.S. Attorney Brown said. “We are committed to working with our law enforcement partners to stop internet fraud.”

McKittrick faces a maximum statutory penalty of 20 years in prison and a $250,000 fine.  Monies and two boats seized from McKittrick have been administratively forfeited.

The matter was investigated by the Mobile Field Office of the U.S. Secret Service and was prosecuted by AUSA Deborah Griffin.

Affiliate marketing is internet performance-based marketing which, by using an individual’s websites or advertisements, directs traffic to another website in the “network” and receives credit for either pay per click (PPC) or pay per action (PPA) if the user travels to the website.  

United States Attorney Kenyen Brown announces that Ricardo Cruz was sentenced today in Federal Court after pleading guilty to conspiracy to possess with intent to distribute cocaine.  Cruz received a sentence of 35 months imprisonment, with 5 years of supervised release to follow.

The Federal Bureau of Investigation conducted the investigation, which involved a total of 14 defendants, with the assistance of the Mobile Police Department, the Foley Police Department, the Fairhope Police Department, the Gulf Shores Police Department and the Alabama State Port Authority.  The FBI presented the case for prosecution to the United States Attorney=s Office, and Assistant United States Attorney Daryl Atchison handled the prosecution of the case on behalf of the United States.

United States Attorney Kenyen Brown announces that Kipp Luster was sentenced on June 19th in Federal Court after pleading guilty to possession with intent to distribute cocaine.  Luster received a sentence of 70 months imprisonment, with 3 years of supervised release to follow.

The DEA conducted the investigation with the assistance of the Mobile County Sheriff’s Office.  Assistant United States Attorney Daryl Atchison handled the prosecution of the case on behalf of the United States.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced today that Marshall Mayhew of Tuscaloosa, Alabama, was sentenced following a March 2014 guilty plea to a charge of possession of a stolen firearm.  Mayhew has multiple felony convictions over the last fifteen years for a variety of property crimes.  As a result of his numerous convictions, Mayhew was determined to have a criminal history category of VI under the U.S. Sentencing Guidelines. By virtue of his prior felony convictions, Mayhew is prohibited from possessing firearms or ammunition.  Mayhew pled guilty to possession of a stolen AR-15 type rifle which occurred on September 26, 2013.

Possession of a stolen firearm is a violation of Title 18, United States Code Section 922(j).  United States District Court Judge Callie V.S. Grande imposed the statutory maximum sentence of 10 years imprisonment, to be followed by 3 years of supervised release.

This case was investigated by Investigator Ron Baggette with the Clarke County Sheriff’s Office and Special Agent Nicholas P. Murphy of the Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from the Marengo County Sheriff’s Office.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Crystal Hope Henry, a resident of Pensacola, Florida, entered a guilty plea today before Chief United States District Court Judge William Steele to one count of conspiracy to defraud the United States by interfering with the lawful governmental regulatory and enforcement functions of the FDA and DEA.

Henry and her co-conspirators manufactured and distributed at least 20 tons of products containing the chemical compound XLR11.  They referred to the products as potpourri and marketed them under names such as “Bizarro,” “Sonic Zero,” “Neutronium,” and “Orgazmo.”  The products were misbranded smokable synthetic cannabinoids which were distributed for human consumption.  The products were packaged and sold without the labeling required by law and necessary to protect the user such as: the place of business of the manufacturer, packer, or distributor; an accurate statement of the contents; adequate directions for use; warnings where its use may be dangerous to health; or warning against unsafe dosage.  The products were labeled, “Not for Human Consumption.”

The company Henry worked for operated a call center in Robertsdale, Alabama and from December 1, 2012 through April 30, 2013 took in over $29, 656,917.98.

“The use of synthetic or designer drugs has a devastating impact on our communities.  Although synthetic cannabinoids are many times marketed as ‘legal’ marijuana, they are not only illegal are extremely harmful,” U.S. Attorney Brown said. “We are committed to working with our law enforcement partners to shut down the manufacturers and distributors who reap profits without regard for the law or public safety.”

Henry faces a maximum statutory penalty of 5 years in prison and a $250,000 fine.  Monies seized from her in June of 20913 have also been administratively forfeited.

The matter was investigated by the Mobile Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI); and the Mobile Field Office of the Internal Revenue Service’s Criminal Investigations; with assistance from the Food and Drug Administration Office of Chief Counsel; the San Francisco and Chicago Field Divisions of the U.S. Drug Enforcement Administration (DEA); the Oakland, California Field Office of the Internal Revenue Service’s Criminal Investigation; and the San Francisco Field Office of HSI, and was prosecuted by AUSA Deborah Griffin.

The United States Attorney Kenyen Brown announces that Jermaine Dickinson, a 30 year old resident of Mobile, was sentenced today. Mr. Dickinson pled guilty on March 5, 2014, to possession of 31 grams of crack cocaine with the intent to distribute it.

Officers of the Mobile Police Department 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 Crystal Lani Kitt, a resident of the Washington D.C. metropolitan area, was arrested today by the FBI.  Kitt was charged in a seven count Indictment with conspiracy to commit mail fraud and wire fraud and with mail fraud.

It is alleged in the Indictment that Kitt prepared fraudulent BP claims in names of other members of the conspiracy and in names of individuals who were unaware their names and identifies were being.  Thereafter, Kitt submitted the false claims to the Gulf Coast Claims Facility (GCCF) or had members of the conspiracy submit them to GCCF.  It is also alleged that Kitt and other members of the conspiracy provided one of several mailing addresses to the GCCF, to include but not limited to 2661 Holly Brook Dr., Mobile, Alabama 36605 and 557 Mohawk Street, Mobile, Alabama 36605, knowing those addresses would be used as mailing addresses for checks generated by the GCCF in payment for the fraudulent BP claims.  The Grand Jury charged that Kitt assisted in submitting more than one-hundred fraudulent BP claims, defrauding the GCCF out of more than $900,000.00.  Kitt, it is alleged, deposited someof the checks which were payable to the individuals who had not authorized her to file fraudulent claims into a bank account where she was the only one authorized to conduct business on that account.

The matter was investigated by the FBI and will be prosecuted by AUSA Deborah Griffin.  Several individuals who paid Kitt to file false claims for them have also been prosecuted.

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 until and unless he or she is proven guilty at trial.

United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that defendants Stephen Merry, David Petersen, and Yaman Sencan were sentenced to federal prison for 60 months each for their roles in a massive, multi-million dollar Ponzi scheme. Following their sentences, Merry and Sencan face potential deportation to the United Kingdom and Turkey, respectively. In addition, the defendants must pay $2,891,898.95 in restitution to seventeen victim investors, as well as pay $2,000 each in special assessment fees to the court.

Merry, Petersen, and Sencan were convicted of conspiracy, securities fraud, and wire fraud following a week-long jury trial in December 2013. At trial, the evidence established that the three defendants played various roles related to a massive investment fraud scheme. Investors believed their money was being sent to a company called Westover Energy Trading Partners where it would purportedly be traded using a super computer. Investors were provided with weekly statements which indicated that their money was being traded and that it was continually earning a profit. However, the super computer was never fully operational, and the investors’ money was not traded as they believed. Furthermore, beginning in 2011, the defendants stopped sending the money to Westover all together. Rather, they kept the money to enrich themselves and to make Ponzi payments to investors. In total, the defendants obtained $4.6 million dollars from investors. Approximately, $1.6 million of that money was paid back out to other investors in the form of Ponzi payments.

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

MOBILE, Ala. – Lee Anthony Guidry, 48, of Robertsdale, was sentenced today in federal court to 130 months imprisonment for his role in a conspiracy to manufacture methamphetamine. Guidry pled guilty to the charge in June of 2013. United States District Court Judge William H. Steele imposed the sentence this morning, ordering that Guidry would serve a three-year term of supervised release following the completion of his prison term. Judge Steele ordered that Guidry pay $100 in special mandatory assessments, but did not impose a fine.

The case was investigated by the Baldwin County Sheriff’s Office and the Bay Minette Police Department. It was prosecuted in the United States Attorney=s Office by Assistant United States Attorney Gloria Bedwell.

MOBILE, Ala. – Eric Dynell McGadney, 36, of Mobile, was sentenced today in federal court to 188 months imprisonment for his activities in arranging for the delivery of 144 pills of MDMA, commonly known as Ecstasy, to Mobile in the mail. Court documents reflect that the package McGadney ordered was identified at the United States Post Office by postal inspectors as suspicious. The postal inspectors arranged for a controlled delivery of the package, coordinating with members of the MCSENT unit, who assisted with surveillance and back-up during the delivery. McGadney had arranged for another subject to accept delivery of the package in a false name, but was present when the delivery was made. When law enforcement officers detained the subject who accepted delivery and McGadney, both were advised of their rights and agreed to answer questions. The subject who accepted delivery identified McGadney as the person who asked him to sign for the package. He consented to a search of the package, and the investigators found the MDMA concealed inside a bottle of children’s vitamins. McGadney told the investigators that the person who accepted delivery of the package for him was not involved in the drug delivery scheme. McGadney admitted that the bottle contained “Molly,” a street term for MDMA (Ecstasy), and that he was to deliver the drugs to another person in Mobile. McGadney pled guilty to the charges of possession with intent to distribute MDMA and use of an interstate facility, in this case the United States mail, to facilitate the commission of a drug trafficking felony in January of 2013.

At the sentencing hearing this morning, United States District Court Judge William H. Steele found that McGadney was a career offender under the United States Sentencing Guidelines, based upon two prior qualifying felony convictions for escape and possession of marijuana in the first degree. The judge ordered that McGadney serve 188 months imprisonment, to be followed by a six-year term of supervised release following the completion of his prison sentence. Judge Steele ordered that McGadney pay $200 in special mandatory assessments, but did not impose a fine.

The case was investigated by the United States Postal Inspection Service, MCSENT, the and the Mobile Police Department. It was prosecuted in the United States Attorney=s Office by Assistant United States Attorney Gloria Bedwell.

MOBILE, AL-- The United States Attorney, Kenyen R. Brown announces that Roderick O=Neil McMillian was sentenced today to forty three months imprisonment and an eight year term of supervised release for possession with the intent to distribute crack cocaine in violation of Title 21 USC '841(a)(1).  McMillian was also ordered to forfeit $1,511.00 in drug proceeds seized from him at the time of his arrest.  He was also ordered to pay a $100.00 special assessment for the victims of crime.  Under Title 21 USC '853, Congress has made it mandatory for federal drug defendants to forfeit the proceeds of their drug offenses as well as assets they use to facilitate the commission of such offenses.

The case was jointly investigated by the Drug Enforcement Administration and Alabama Alcoholic Beverage Control Bureau, Enforcement Division.