Northern District of Georgia

ATLANTA – Valer Iazmin Varga, Robert-Auras Adam, and Ana-Loredana Adam, all Romanian nationals, have been arraigned on federal charges of conspiracy to transport, in interstate commerce, stolen goods with a value of at least $5,000 and transporting, in interstate commerce, gold jewelry with a value of at least $5,000, which the defendants stole from the Hindu Temple of Atlanta, in Riverdale, Georgia.  Co-defendant Stela Patricia Varga was arrested on September 11, 2019 in Slidell, Louisiana on a federal arrest warrant related to the same charges.  

“These defendants posed as tourists and allegedly stole gold and money from places of worship,” said U.S. Attorney Byung J. “BJay” Pak.  “They exploited their victims’ custom of receiving visitors with open arms in their temples and religious centers, and also allegedly involved their minor children in their theft scheme.”   

“It is deeply troubling and hard to fathom that criminals would exploit the tenets of one’s faith by taking advantage of their kindness,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Even though these suspects are alleged to have travelled from state to state to commit these crimes, they were not able to elude arrest, thanks to our partnerships with federal, state and local law enforcement agencies in six different states.”

According to U.S. Attorney Pak, the charges, and other information presented in court: The defendants traveled to Hindu and Buddhist places of worship in at least six states, including Georgia, for the purpose of stealing gold jewelry or cash.  Visiting the temples during operating hours, the defendants allegedly posed as tourists and asked representatives of the temples questions regarding the customs and practices associated with the temples. As one or more of the defendants questioned temple staff members, other defendants stole gold jewelry and cash from the temples, sometimes taking gold jewelry directly from statues within the sanctuaries in the form of various deities. 

Although the defendants allegedly attempted to interfere with the temples' security cameras, the defendants were captured on camera within the sanctuaries; and in some cases, the defendants were captured on film in the act of stealing jewelry.  When three of the defendants were arrested on local charges in connection with the thefts in early June 2019, they were in possession of over $50,000 in U.S. currency, despite the fact that the defendants have no record of employment in the U.S.   

Valer Iazmin Varga, 28, Robert-Auras Adam, 31, and Ana-Loredana Adam, 30, all Romanian nationals, were arraigned on September 11, 2019, before U.S. Magistrate Judge Russell G. Vineyard.  The defendants were indicted by a federal grand jury in the Northern District of Georgia on August 20, 2019. 

Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the FBI, Atlanta Division, Transnational Organized Crime Squad with assistance by the FBI’s New Orleans Gang Task Force, the Forsyth County Sheriff’s Office (Georgia), the Lilburn Police Department (Georgia), the Clayton County Police Department (Georgia), the Delaware County Sherriff’s Office (Ohio), the Bloomingdale Police Department (Illinois), the Lemont Police Department (Illinois), the Bridgeton Police Department (Missouri), and the Franklin Police Department (New Jersey). 

Assistant U.S. Attorney Jessica C. Morris is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Gennady Podolsky, a dual Ukrainian and American citizen, and managing partner of Vega International Travel Services, Inc., has been arraigned for wire fraud. 

“Podolsky used his knowledge of the travel industry to take advantage of his travel agency clients,” said U.S. Attorney Byung J. “BJay” Pak.  “Through his access, he allegedly took advantage of Delta Airlines corporate frequent flyer program, illegally reaping millions of SkyBonus points worth more than $1.75 million dollars.”

“The fraudulent accumulation of frequent flyer miles in the travel industry may seem like a victimless crime, however, large corporations stand to lose significant profits”, said Chris Hacker, Special Agent in Charge of FBI Atlanta.  “The FBI will do everything in its power to protect companies and to stop anyone who participates in this corrupt behavior.”  

According to U.S. Attorney Pak, the charges, and other information presented in court:  Vega International Travel Services, Inc. (“Vega Travel”) was a small, full-service travel agency located in Chicago, Illinois, that catered to clients of Russian and Eastern European descent who were living abroad. 

Podolsky was Vega Travel’s managing partner and lead travel agent.  Delta Air Lines, based in Atlanta, Georgia, operates a frequent-flyer program for individuals called SkyMiles, and a similar program for businesses called SkyBonus, that allows individuals and businesses to earn points for free travel and other valuable perks.  Enrolled businesses can earn points under the SkyBonus program at the same time the traveling passengers earned points under the SkyMiles program.

A business enrolled in the SkyBonus program accrues points whenever its employees travel on Delta and a SkyBonus account identification number is entered electronically at the time of booking.  For an enrolled business to accrue SkyBonus points under the terms of the program, the traveling passenger must have been an actual employee of that business.  Enrolled businesses could redeem accrued SkyBonus points for flight reward certificates, ticket upgrades, and other valuable benefits.

According to the indictment, beginning in March 2014 until April 2015, Podolsky allegedly devised and executed a scheme to defraud Delta through the fraudulent accrual and redemption of over 42 million SkyBonus points, causing a loss to Delta of over $1.75 million dollars.  As part of the scheme, Podolsky caused a SkyBonus account to be registered in the name of a fertility center owned and operated by a family member of the president of Vega Travel. 

When Vega Travel booked its customers for air travel on Delta, Podolsky caused the SkyBonus account number for the fertility center to be associated with those customers’ tickets, even though those customers were not employees of that company or any similar entity.  By doing so, Podolsky caused SkyBonus points to accrue fraudulently in the fertility center’s account for passengers who were not employees of that company.  Podolsky then caused the SkyBonus points that had fraudulently accrued to be redeemed by requesting, receiving, and utilizing reward certificates for free air travel and other valuable benefits.

Gennady Podolsky, 43, of Kiev, Ukraine, was arraigned before U.S. Magistrate Judge Russell G. Vineyard on twelve counts of wire fraud.  Podolsky was indicted by a federal grand jury on September 11, 2019.

Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorneys John S. Ghose and Bernita Malloy are prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Francisco Castaneda Rivera has been sentenced to federal prison for transporting 4.24 kilograms of heroin from Texas to the Atlanta area hidden inside a car battery.

“Drug traffickers employ sophisticated and ever-changing tactics to bring their deadly product into our communities,” said U.S. Attorney Byung J. “BJay” Pak.  “However, our law enforcement partners are able to adapt to their methods and combat this scourge.  Through the hard work of our federal, state, and local law enforcement partners, we were able to stop these drugs from hitting our streets.”

Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division commented, “Drug traffickers like Castaneda Rivera often take extreme measures in order to hide the poison they peddle, as was the case in this investigation. This is a perfect illustration of the battle DEA, its law enforcement counterparts and the U.S. Attorney’s Office face when trying to prevent dangerous drugs from hitting the streets of our communities. As a result of DEA’s unwavering commitment and through the strength of its partnerships, Castaneda Rivera will spend well-deserved time in prison.”

According to U.S. Attorney Pak, the charges and other information presented in court: In March and April 2018, DEA agents gleaned intelligence about a suspected drug trafficker who would be involved with the delivery of narcotics in the Union City, Georgia area.    

Several months later, on September 1, 2018, law enforcement officers in Montgomery, Alabama conducted a traffic stop of a truck which was driven by Rivera.  Intelligence gathered from the stop linked Rivera to a DEA investigation.   

On October 19 and 20, 2018, through various methods of intelligence, DEA agents learned that Rivera was traveling, via I-20 eastbound, from Houston, Texas to Atlanta, Georgia.  Georgia State Patrol conducted a traffic stop on Rivera's truck in Douglas County, Georgia.  Troopers searched the vehicle and observed that the battery in the truck was significantly cleaner than the rest of the engine compartment.  Upon closer inspection, agents realized that the battery had been altered.  They opened it and found five packages wrapped in electrical tape along with a motorcycle battery wired to provide electrical current sufficient to operate the vehicle.  The packages were determined to contain 4.24 kilograms of heroin.

Francisco Castaneda Rivera, 65, of Houston, Texas, was sentenced to ten years in prison to be followed by five years of supervised release.  Rivera was convicted on these charges on May 15, 2019, after he pleaded guilty.

This case was investigated by the Drug Enforcement Administration.

Assistant U.S. Attorneys David A. O'Neal and Garrett L. Bradford prosecuted the case.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ROME, Ga. – Atlanta-area doctor Victor Hanson and former professional football player Sedrick Hodge have been indicted with two other individuals for illegal distribution of prescription drugs, including opioids.    

“Hanson allegedly issued numerous illegitimate prescriptions for drugs, including powerful opioid painkillers,” said U.S. Attorney Byung J. “BJay” Pak.  “While Hanson prescribed these drugs without a legitimate medical purpose, Sedrick Hodge and other associates allegedly sold these drugs in communities like Cartersville.”

“Americans rely on healthcare providers, many of them Medical Doctors, to use their training to help patients and to ‘do no harm.’ Dr. Hanson violated the law and betrayed the responsibilities of his profession by prescribing controlled substances, to include opioids, outside the usual course of professional practice. In addition, former professional football player Sedrick Hodge sold illegitimate oxycodone pills from Dr. Hanson on the streets for cash,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “DEA, its law enforcement partners and the United States Attorney’s Office are committed to stopping unscrupulous medical professionals like Dr. Hanson from harming patients.”

According to U.S. Attorney Pak, the indictment, and other information presented in court: Hanson is a licensed physician who operated a weight loss clinic in Sandy Springs, Georgia.  However, he also allegedly prescribed large quantities of controlled substances, including opioids like oxycodone, and stimulants.  Hanson accepted only cash or checks as payment. 

The indictment alleges that Hanson prescribed these controlled substances irrespective of any legitimate medical purpose, outside the usual course of professional practice, and in inappropriate amounts and dosage combinations.  He prescribed these drugs to individuals without conducting thorough medical examinations or—at times—any examinations at all.   

Co-defendants Sedrick Hodge, Farrah Hodge, and Marcus McConnell obtained prescriptions for controlled substances from Hanson.  Hanson also gave Sedrick Hodge prescriptions written to third parties, including McConnell, when those third parties were not present.  In turn, Hodge allegedly sold oxycodone pills on the street for cash.  On two separate occasions in October and November 2018, Sedrick Hodge sold oxycodone pills to a confidential source working with the DEA in Cartersville, Georgia. 

The following four individuals were indicted on September 3, 2019 and charged with conspiring to distribute and dispense controlled substances outside the usual course of professional practice and without a legitimate medical purpose:

• Victor A. Hanson, M.D., 86, of Brookhaven, Georgia, is also charged with maintaining a premises for the purpose of distributing controlled substances, 14 individual counts of illegal drug distribution for specific prescriptions, including several written to undercover federal officers, and a  money laundering conspiracy.
   
• Sedrick Hodge, 40, of Cartersville, Georgia, is also charged with six individual counts of possession with intent to distribute controlled substances, one count of distribution of controlled substances, and a money laundering conspiracy.
   
• Farrah Hodge, 42, of Cartersville, Georgia, is also charged with a money laundering conspiracy.
   
• Marcus McConnell, 35, of Adairsville, Georgia, is also charged with three individual counts of possession with intent to distribute controlled substances.

Members of the public are reminded that the indictment only contains charges.  The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.

This case is being investigated by the Drug Enforcement Administration, with assistance from the Bartow-Cartersville Drug Task Force, the Jonesboro Police Department, and the Sandy Springs Police Department. 

This case is part of the U.S. Attorney’s Office’s Operation SCOPE (Strategically Combatting Opioids through Prosecution and Enforcement), an initiative that targets individuals who illegally prescribe opioids and drug traffickers who also distribute these dangerous and addictive drugs.

Assistant U.S. Attorney John T. DeGenova is prosecuting the case.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Dyann E.  Ramo has been sentenced to three years on probation with the first year in home confinement after she pleaded guilty to one count theft of government funds related to her stealing her deceased mother's Social Security benefits for nearly 20 years

“Ramo went to great lengths to conceal her theft and enjoy the benefits to which she was not entitled,” said U.S. Attorney Byung J. “BJay” Pak. “She continued her deception until she was indicted by a grand jury.  Only then did she finally own up to her graft.”

“Concealing a death to improperly receive Social Security benefits is a Federal crime—one that we aggressively pursue to maintain the public trust in Social Security’s vital programs,” said Gail S. Ennis, Inspector General for the Social Security Administration. “We work closely with SSA and other agencies to identify beneficiary deaths, and track benefits paid after death. I greatly appreciate the support of the U.S. Attorney’s Office to pursue justice and recover stolen funds in these cases.”

According to U.S. Attorney Pak, the charges and other information presented in court: Ramo’s mother Virginia died in 1999.  No one reported her death to Social Security and her retirement benefits continued to be paid.  In 2013, 2014 and three different times in 2018, Social Security employees attempted to confirm whether Virginia Ramo was alive, and each time, Ramo insisted that her mother was alive.  In an attempt to maintain her fraud, she claimed a Georgia death certificate in her mother’s name was a “mistake,” and even impersonated her mother on the telephone on two separate occasions. Ramo finally admitted that her mother was deceased after she was indicted by a federal grand jury.

Dyann E. Ramo, 66, of Canton, Georgia, has been sentenced to three years on probation with the first year to be served in home confinement, 200 hours of community service, ordered to pay restitution in the amount of $196,067, and a $100 special assessment.  Ramo was convicted on these charges on May 22, 2019, after she pleaded guilty.

This case was investigated by the Social Security Administration - Office of the Inspector General.

Special Assistant U.S. Attorney Diane C. Schulman prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Seven defendants, including five former Verizon store employees, have been indicted for opening Verizon accounts using stolen identity information and then fraudulently charging tens of thousands of dollars’ worth of merchandise to those accounts. 

“These former employees abused their positions—and numerous unsuspecting victims—by allegedly using stolen identity information to steal thousands of dollars,” said U.S. Attorney Byung J. “BJay” Pak.  “Identity theft remains an all-too-common scourge causing widespread damage.  We are targeting the problem through our valued partnerships with federal, state, and local authorities and with private companies.”

“This investigation and subsequent indictments demonstrate the Secret Service’s commitment to safeguarding innocent victims, our financial institutions, and our communities,” said Kimberly A. Cheatle, Special Agent in Charge of the United States Secret Service, Atlanta Field Office.  “We will continue to collaborate with our law enforcement partners and the United States Attorney’s Office to arrest individuals who steal from unsuspecting victims.”

According to U.S. Attorney Pak, the charges, and other information presented in court:  From about November 2018 through May 2019, five Verizon employees allegedly opened numerous fraudulent customer accounts at three Verizon stores in Georgia, located in Newnan, Buckhead, and Smyrna.  The employees obtained and used stolen personally identifiable information (PII) to open the accounts.  The scheme involved a group of “runners,” who also brought stolen PII into the stores.  The PII belonged to real people and included names, addresses, dates of birth, and Social Security numbers.  Using the stolen information, the corrupt employees created Verizon accounts in the victims’ names, without the victims’ knowledge.  The employees ran credit checks on the victims before opening the accounts, using the victims’ Social Security numbers.   

The defendants then used the accounts to purchase tens of thousands of dollars’ worth of wireless phones and accessories.  After the fraudulent purchases, the accounts went into default, causing the victims to receive bills for the merchandise charged on the fraudulent accounts.  Verizon immediately terminated the employees upon discovering the fraud.

The grand jury returned a 36-count indictment charging the following individuals with conspiracy, access device fraud, and aggravated identity theft:

• Edward Bolden, Jr., 37, of Newnan, Georgia, was the former General Manager of the Newnan store.
   
• Roland C. Newell, 31, of Newnan, Georgia, worked as a Solutions Specialists at the Newnan store.
   
• Robert A. Woods, 30, of Atlanta, Georgia, worked as a Solutions Specialists at the Newnan store. 
   
• Christian R. James, 36, of Savannah, Georgia, worked as a Solutions Specialist at the Buckhead store.   
   
• Marchel D. Robinson, 33, of Riverdale, Georgia, was charged as a runner in the scheme.
   
• Eric Gamboa, 39, of Conley, Georgia, was charged as a runner in the scheme.
   

The grand jury returned a separate 21-count indictment also charging the following individual with conspiracy, access device fraud, and aggravated identity theft:

• James C. Miller, 34, of Atlanta, Georgia, worked as a Solutions Specialist at the Smyrna store. 

The defendants were indicted by a federal grand jury on August 28, 2019.  Members of the public are reminded that the indictment only contains charges.  The defendants are presumed innocent of the charges and it will be the government’s burden to prove their guilt beyond a reasonable doubt at trial.

This case is being investigated by the U.S. Secret Service.  Verizon’s Corporate Security Investigations Department in Atlanta provided valuable assistance to law enforcement through the investigation.

Assistant U.S. Attorney Stephen H. McClain, Chief of the Complex Frauds Section, is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Larry Scott has pleaded guilty to wire fraud for failing to disclose to the City of Atlanta that while he served as its Director of Contract Compliance, he also served as the business manager for a consulting firm seeking contracts in the Atlanta-metropolitan area.  Scott also failed to report on his taxes the majority of the income earned from the consulting firm.

“Larry Scott betrayed the citizens of Atlanta by failing to disclose that when he served in an executive level position with the City of Atlanta, he was simultaneously working for a consulting firm for businesses who sought contracts in metro-Atlanta,” said U.S. Attorney Byung J. “BJay” Pak.  “Scott’s divided loyalty undermined the integrity of the office he served at the City of Atlanta.”

“Deceitful and self-indulgent people have no place in public office at any level of government,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Today's plea doesn't mean our work is done, the FBI and our partners remain committed to ending public corruption in Atlanta and the Georgia community.”

“Public officials, whether elected or appointed, should expect to be held to a higher standard of trust in the eyes of the public.  That trust is broken when these officials engage in malfeasance or commit crimes.   Failure to disclose income and file a correct income tax return is a crime!  No public official gets a free pass to ignore the tax laws, and IRS-CI works to ensure that everyone pays their fair share,” said Thomas J. Holloman, III, Atlanta Field Office Special Agent in Charge IRS-Criminal Investigations.

According to U.S. Attorney Pak, the charges and other information presented in court: the City of Atlanta - Mayor’s Office of Contract Compliance “serves as a liaison, linking Small, Minority, Female and Disadvantaged Businesses with City of Atlanta related business opportunities and encourages equal opportunity for all businesses and individuals in the Atlanta workplace,” and has a stated mission “to mitigate the effects of past and present discrimination against women and minority businesses … [and] to promote full and equal business opportunity for all persons doing business with the City of Atlanta.”

From 2002 to 2019, Scott held several positions with the City of Atlanta, including, serving as the: (a) Senior Contract Compliance Manager in the Office of Contract Compliance; (b) Director of Procurement in the Department of Watershed Management, and (c) the Director of the Office of Contract Compliance. In those positions, Scott earned between $57,000 and $98,000 per year.  In total, from 2012 to 2017, Scott earned approximately $530,000 as an employee with the City of Atlanta. 

On February 23, 2011, Scott incorporated Cornerstone U.S. Management Group, LLC (“Cornerstone”) with the Georgia Secretary of State as a for-profit corporation.

Cornerstone is a consulting firm for businesses seeking contracts in the Atlanta-metropolitan area and elsewhere. In its Articles of Organization, Cornerstone listed Scott as its organizer and registered agent. From 2012 until November 2017, Scott served as Cornerstone’s business manager. In that role and during that six-year period, Cornerstone paid Scott between approximately $1,000 and $5,000 per month. In total, from 2012 to 2017, Scott earned approximately $220,000 as Cornerstone’s business manager. 

According to the City of Atlanta’s Code of Ethics, certain City of Atlanta officials and employees must disclose all “positions of employment held by the official or employee in any business . . . for all or any portion of the year, including a description of the type of business and the existence and nature of any business done by the employer entity with the city.” The City of Atlanta’s Code of Ethics further requires that these officials and employees disclose “[e]ach and every source of income from any business received by such official or employee in excess of $5,000 derived from any single source in the preceding calendar year.”

As the City of Atlanta’s Senior Contract Compliance Manager, Director of Procurement, and Director of Contract Compliance, the City of Atlanta required Scott to complete annually a Financial Disclosure Statement listing any outside employment and sources of income of more than $5,000 per year for calendar years 2012 to 2017.

From 2012 to 2017, Scott electronically filed six (6) false Financial Disclosure Statements, each executed under penalty of perjury. On each Financial Disclosure Statement, Scott knowingly failed to disclose that he had been employed by Cornerstone and that he had received more than $5,000 in annual income from Cornerstone.

From 2012 to 2017, Scott earned approximately $220,000 from Cornerstone while serving as a full-time management or executive level employee with the City of Atlanta.  Scott never disclosed to the City of Atlanta his employment with and income from Cornerstone. Scott knew that if he had disclosed his income from Cornerstone on his annual Financial Disclosure Statements, the City of Atlanta could have terminated Scott.

From 2012 to 2017, Scott also filed six (6) false and fraudulent federal income tax returns – in that Scott failed to report the majority of the income that he earned from Cornerstone on his tax returns. For example, in 2015, Scott earned approximately $156,036 in income – (a) $99,136 as the City of Atlanta’s Director of Contract Compliance; and (b) $56,900 as Cornerstone’s business manager. Yet, on his 2015 federal income tax return, Scott falsely listed his “total income” as only $101,630.

Based on his conduct, Larry Scott, 54, of Atlanta, Georgia, was charged with, and pleaded guilty to, one count each of wire and tax fraud. 

The Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation are investigating this case.

Assistant U.S. Attorneys Jeffrey W.  Davis, Stephen H. McClain, and Sekret Sneed are prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Diandra Bankhead, the owner and operator of Elite Homecare (“Elite”), an Atlanta-based home healthcare provider, has pleaded guilty to defrauding Medicaid by submitting thousands of fraudulent claims for services that were never provided to medically fragile children under the Georgia Pediatric Program (“GAPP”).

“Bankhead exploited Medicaid-eligible children who suffer from significant physical and cognitive disabilities,” said U.S. Attorney Byung J. “BJay” Pak.  “Her fraud included billing for services never performed and for children never seen.  Georgians dependent on these types of services deserve our best, not to be used by someone who is looking to enrich themselves at their expense.”

“The greed of this defendant deprived health care to many at risk children in Atlanta, focusing on profit rather than the care of our kids,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI will not stand by and allow those who commit fraud to take advantage of programs that are intended to support our state's most vulnerable citizens.”

“This plea is another example of our strong commitment to aggressively pursue health care providers who recklessly bill the Medicaid program,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “The OIG, our State law enforcement partners and the U.S. Attorney’s Office will continue to protect government health programs and those they serve.”  

“This is one of many cases we have seen lately that involves someone undermining the integrity of the Medicaid program and neglecting their responsibility to support children who may desperately need these services. This trend is unacceptable, and we will continue to work with our federal partners to stop it in its tracks and protect this vulnerable population,” said Georgia Attorney General Chris Carr.

According to U.S. Attorney Pak, the charges and other information presented in court: GAPP is an in-home nursing program designed to serve Medicaid-eligible children under the age of 21 years of age based on a medical necessity. The program offers in-home skilled nursing services for medically fragile children who require nursing services, and personal care services, including feeding, bathing, dressing, personal hygiene, preparation of meal, and assisting with the mobility and ambulation of members.

Medically fragile children who are eligible for services under GAPP typically suffer from significant physical and cognitive disabilities, including autism, blindness, cerebral palsy, Down syndrome, epileptic seizures, and/or paralysis.

Bankhead's scheme began in approximately September 2015 and continued until April 2018. Over that time, Elite submitted more than 5,400 claims to Georgia Medicaid—the vast majority of which were fraudulent—and for which Elite received $1.2 million. Bankhead defrauded Medicaid in a number of ways, including:

• Submitting fraudulent credentialing information to the State of Georgia Department of Community Health in order to become a certified GAPP provider, including falsely representing that a registered nurse—without her knowledge or authorization—served as Elite’s RN Supervisor.
   
• Falsely representing to Medicaid that a registered nurse (“RN”) or RN Supervisor had conducted the initial evaluation of putative GAPP members as required by applicable regulations.
   
• Submitting fraudulent claims for in-home nursing services allegedly provided to families who had not retained Elite to provide any services.
   
• Submitting fraudulent claims in which Elite employees allegedly provided more than 24 hours of services in a given day.
   
• Submitting fraudulent claims where Elite employees were impossibly providing services to multiple children simultaneously.
   
• Submitting fraudulent claims in the names of multiple individuals, including RNs, who did not provide the services in question, and did know that their identities and credentials were being used.
   
• Submitting fraudulent claims that had been “upcoded” – that is claims which fraudulently increased the amount Medicaid paid Elite – by materially misrepresenting the level of care provided and the level of licensing for the individual allegedly providing the services. For example, Elite submitted fraudulent claims to Medicaid purporting that an RN (billed at $40/hour) had rendered the services when in fact an licensed professional nurse (billed at $30/hour) and/or personal care service provider (billed at $20/hour) had actually done so.
   
• Preparing fraudulent supporting documentation for the in-home nursing services that were never provided, including fraudulent patient care charts.

Bankhead pleaded guilty to one count of health care fraud.  Sentencing for Diandra Bankhead, 42, of Atlanta, Georgia, is scheduled for January 28, 2020 at 10:00 a.m., before Chief U.S. District Judge Thomas W. Thrash.

This case is being investigated by the Department of Health and Human Services, Georgia Medicaid Fraud Control Unit, and Federal Bureau of Investigation.

Assistant U.S. Attorney Alex R. Sistla is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Vladimir Pierre a/k/a Jimmy Valentine, originally of Montreal, Canada, has been sentenced for his role in a stolen identity tax refund fraud scheme.   

"There is no shortage of fraudsters who commit tax fraud using stolen identities—crimes that directly impact every American taxpayer,” said U.S. Attorney Byung “BJay” Pak.  “These schemes can be a nightmare for citizens who must endure the process of repairing their credit and IRS returns, citizens are wise to regularly monitor their credit reports for fraud.”

“Individuals who commit identity theft and refund fraud of this magnitude deserve to be punished to the fullest extent of the law,” said Thomas J. Holloman, III, Atlanta Field Office Special Agent in Charge.  “Pierre demonstrated a blatant disregard of the integrity of the United States tax system and caused immeasurable hardship to innocent victims. IRS Criminal Investigation remains committed to the pursuit of identity theft and, together with our partners at the U.S. Attorney’s Office, we will hold those who engage in similar conduct accountable.”

According to U.S. Attorney Pak, the charges, and other information presented in court:  In May 2019, Pierre pleaded guilty to theft of government funds and aggravated identity theft. He admitted that between approximately January 2015 and April 2018, he filed over 150 fraudulent returns, a significant number of which involved the use of stolen identities, seeking more than $1 million in refunds. Pierre also admitted that as a result of his scheme he caused more than $340,000 in losses to the federal government.

The government noted at sentencing that Pierre took a number of intricate steps to conceal his scheme, including advertising his tax services under a fictitious name, using electronic filing identification numbers and preparer tax identification numbers in the names of others to file returns, and obtaining a tax preparation product using a stolen identity. 

Prior to his arrest in December 2018, Pierre had been unlawfully residing in the Atlanta-area for several years after overstaying his visa.

U.S. District Judge Eleanor Ross sentenced Vladimir Pierre, 39, of Atlanta, Georgia, to serve four years, nine months in prison, three years of supervised release, removal to Canada from the United States, and ordered to pay $341,996 in restitution to the Internal Revenue Service. 

Many tax fraudsters, for their success, depend on filing a fraudulent return with a stolen identity before their victims file their genuine returns.   Filing early and avoiding use of obvious usernames and passwords for online tax websites are two ways to help protect yourself.

IRS-Criminal Investigation investigated the case.

Assistant U.S. Attorney Alex R. Sistla prosecuted this case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Lenard Gibbs, Kyre Campbell, and Benita Alveranga have been sentenced for their roles in the violent take-over robberies of two metro-Atlanta businesses - a Loan Max store and a PNC Bank branch.

“The takeover-style robberies were designed to terrify employees and customers,” said U.S. Attorney Byung J. “BJay” Pak. “These violent criminals are off the streets – in Gibbs’ case for decades to come.  We are committed to keep our communities safe from violence and seek justice for the victims of these crimes.”

“No one should ever be terrorized physically or emotionally, like the victims in these two violent armed robberies, simply because they work at a business or patronize that business,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Thanks to the assistance from our local law enforcement partners, these three criminals won’t be able to wreak harm on any other innocent citizens for a long time.”

“I’m proud of our department and their work alongside the other law enforcement agencies involved in this case,” said Lilburn Police Chief Bruce Hedley. “This teamwork across agencies resulted in the quick arrest of all three individuals. We support the U.S. Attorney’s Office for the Northern District of Georgia’s firm stance and commitment to reduce violent crimes in our communities.”

“We are appreciative of the cooperative effort of the involved agencies and the successful prosecution of the offenders.  We will continue to work closely with our Federal, State, and local law enforcement partners in our efforts to combat criminal activity,” said Gwinnett County Police Chief Butch Ayers.

“I am proud of the results the Conyers detectives achieved on this armed bank robbery. Their work along with the efforts of our local and federal partners have taken these violent predators off the streets for a substantial amount of time.  I hope this outcome gives the victims some peace of mind,” said Conyers Chief of Police Gene Wilson.

“The Cobb County Police Department remains committed to interagency cooperation to help keep the citizens of Cobb County safe. Law enforcement agencies must continue to work together and share information in cases like this in order to make sure violent criminals who prey upon the public are brought to justice regardless of jurisdictional lines,” said Cobb County Police Chief Tim Cox.

According to U.S. Attorney Pak, the charges and other information presented in court: Gibbs, along with co-defendant Kyre Campbell, robbed at gunpoint a Loan Max store on the morning of November 3, 2016. Gibbs, while pointing the firearm in the faces of two employees, demanded all of the money in the safe. He fled the establishment with the cash.

Later that same afternoon, Gibbs, Campbell and Campbell’s girlfriend, Benita Alveranga, robbed a PNC Bank. During that robbery, Gibbs repeatedly hit a teller with his gun while demanding she move quickly in emptying her drawer.  He stole cash from the bank, and all of the defendants fled.  Lilburn Police Department located them and after a brief police chase, Campbell and Alveranga were captured.  Gibbs was able to flee the scene. A multi-jurisdictional investigation eventually led to his capture three weeks later.

• Lenard Gibbs, 36, of Atlanta, Georgia, has been sentenced to 59 years, seven months in prison to be followed by five years of supervised release, and ordered to pay restitution in the amount of $3,089.  On June 13, 2019, a jury convicted Gibbs of Hobbs Act, and armed bank, robbery charges, and related offenses of brandishing a firearm during the robberies.
• Kyre Campbell, 24, of Lilburn, Georgia, pleaded guilty to brandishing a firearm during the bank robbery of PNC bank on January 4, 2019. He was sentenced to seven years in prison to be followed by five years of supervised release and ordered to pay restitution in the amount of $3,089.00.
• Benita Alveranga, 25, of Lilburn, Georgia, pleaded guilty to Misprision of a Felony on July 2, 2019. She was sentenced to one year, one day in prison to be followed by one years of supervised release and ordered to pay $3,089.00 in restitution.

This case was investigated by the Federal Bureau of Investigation, Cobb County Police Department, Conyers Police Department, Lilburn Police Department, and Gwinnett Police Department.

Assistant U.S. Attorneys Phyllis Clerk and Angela Adams prosecuted the case.

This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Russell Richardson, the former Director of Security for DeKalb Medical Center, has been charged with stealing firearms meant for security personnel and then illegally selling those guns for profit. 

“Richardson’s alleged sale of illegally attained weapons is troubling,” said U.S. Attorney Byung J. “BJay” Pak. “He abused his position of authority to enrich himself, and now faces justice.” 

“Among ATF’s top priorities is ensuring that firearms traffickers are aggressively investigated and swiftly brought to justice. This is an excellent example of such an investigation,” said Assistant Special Agent in Charge Beau Kolodka, ATF Atlanta Field Division.

According to U.S. Attorney Pak, the indictment, and other information presented in court: Between 2016 and June of 2018, while employed as the Director of Security for DeKalb Medical Center, Inc. (“DeKalb Medical Center”), Richardson used his position to fraudulently order numerous firearms from a local federal firearms licensee and then caused the resulting invoices to be submitted to the hospital for payment.  DeKalb Medical Center paid the invoices, but never received the firearms.  In all, Richardson diverted approximately 93 firearms to his own use, including selling them for profit. 

Richardson also misused a hospital issued purchase card for personal gain.  Even though the purchase card was solely for gas purchases and maintenance of hospital vehicles, Richardson allegedly charged approximately $45,000 for repairs and services performed on his personal vehicles using a mechanic shop located in South Carolina. The mechanic shop subsequently issued refunds directly to Richardson totaling approximately $20,000.  Instead of returning the funds to the hospital, Richardson allegedly kept the money. 

Russell Richardson, 43, of Dallas, North Carolina, has been indicted on 15 counts of mail fraud, one count of dealing firearms without a license, and three counts of unlawfully selling firearms to out of state residents.  Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from DeKalb Medical Center, now doing business as Emory Decatur Hospital.

Assistant U.S. Attorney Tracia King is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

NEWNAN – Nicholas Ryan Carden and Michael Andrews have each been sentenced for possessing firearms after being convicted of felony offenses. Together, Carden’s and Andrew’s criminal histories involve prior convictions for burglaries and multiple theft offenses. 

“Repeat offenders like Carden and Andrews, who possess firearms, pose a serious threat to public safety,” said U.S. Attorney Byung J. “BJay” Pak.  “Their continual return to criminal activity represents a lack of fear of consequences for their action.  Citizens deserve safety and a drug-free community.  Our office will continue prosecuting and removing repeat offenders like these two from our streets as part of our commitment to Project Safe Neighborhoods.”      

“Making a conscious choice to possess firearms and narcotics after you have been previously convicted of felony crimes shows a complete disregard for our laws,” said ATF Special Agent in Charge Arthur Peralta.  “People who have no regard for themselves clearly do not care about their community and in many instances; they provide firearms and narcotics to others, leading them down a path that many cannot recover from.”

According to U.S. Attorney Pak, the charges and other information presented in court: On January 26, 2018, Coweta County, Georgia, police officers were checking locations known for drug activity in Grantville, Georgia, when they observed Carden sitting in a vehicle in a McDonald’s restaurant parking lot. When the officers approached, Carden sped off. As he fled, officers saw Carden throw a North American Arms .22 caliber pistol and suspected drugs from a window of the car. 

On February 22, 2018, Coweta County officers again encountered Carden after he ran a stop sign.  After the traffic stop, the officers found a large sharpie pen next to Carden’s seat.  The pen contained four small individual bags of methamphetamine.  Michael Andrews was a passenger in the vehicle with Carden.  Andrews was arrested after officers found a loaded F.I.E. .25 caliber pistol hidden in his waistband, and small bags of methamphetamine in his pockets.                   

U.S. District Judge Timothy S. Batten Sr. sentenced Carden to two years, five months in federal prison, followed by three years of supervised release. Carden received credit for five months of time served.  Andrews was sentenced to two years, one month in federal prison, followed by three years of supervised release.  Andrews also received credit for five months timed served.  On May 24, 2019, Carden and Andrews each pled guilty to the offenses of felon-in-possession of a firearm.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Coweta County Sheriff’s Office.

Assistant U.S. Attorney Dash A. Cooper prosecuted the case.

This case was brought as a part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov.

ATLANTA – Tyrique F.  Williams, a former officer with Georgia’s Department of Community Supervision, has been sentenced to federal prison for accepting bribe payments from a parolee in exchange for allowing a parolee to avoid wearing an ankle monitor, taking polygraph examinations, and attending treatment classes.

“The citizens of Georgia deserve better than Tyrique Williams,” said U.S. Attorney Byung J. “BJay” Pak.  “Someone re-entering society has plenty of obstacles to overcome, but a shakedown by his parole officer is not one they expect.  Public servants are expected to possess the utmost integrity.  Williams dishonored the thousands of law enforcement officers in Georgia who serve honorably.”

“It is sadly ironic that a sworn parole officer’s extortion scheme was uncovered by a convicted offender who was trying to follow the rules of his parole,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI makes it a priority to investigate anyone who violates their sworn duty for greed and reminds everyone that Williams is not representative of every hard working sworn officer who upholds their oath every day.” 

“The vast majority of the men and women in law enforcement serve our communities with honor and integrity.  Williams betrayed those values and preyed upon the citizens he was sworn to protect.  The DeKalb County District Attorney’s Office stands ready with its law enforcement partners to seek out those who betray the public’s trust and bring them to justice,” said DeKalb County District Attorney Sherry Boston.

“Mr. Williams’ conduct is unacceptable and in no way reflects the values that we stand on at DCS. There is no allowance for any misconduct or illegal activity within our Department. When informed of the allegations, DCS immediately suspended Williams from the performance of his duties pending the outcome of the investigation, and Williams subsequently resigned from employment with DCS.  Williams’ actions are in no way representative of the more than 2,000 DCS employees who exhibit the highest degree of dedication, integrity, and professionalism in service to Georgia’s public safety each and every day,” said Brian Tukes, Director of External Affairs for the Georgia Department of Community Supervision. 

According to U.S. Attorney Pak, the charges, and other information presented in court: the Georgia’s Department of Community Supervision is responsible for the probation and parole supervision of over 200,000 adult felony offenders and certain juvenile offenders.

In the fall of 2014, Williams started working as a probation officer with the Department of Community Supervision. From 2016 to 2018, the Department of Community Supervision managed a parolee (“Parolee”), who had previously served 14 years in prison. While on parole, the Parolee completed a number of courses and treatment classes and the Parolee never incurred a parole violation.  Nevertheless, once Williams became responsible for the supervision of the Parolee, Williams told the Parolee that additional conditions and restrictions would be placed on the Parolee.

On April 19, 2018, Williams visited the Parolee’s residence and displayed a hand written note reading in substance: ‘$3,000, no polygraph, no ankle bracelet, no supervision fee, yes or no?’  After reading the note, the Parolee told Williams that he would pay him the $3,000.  The Parolee then contacted the Federal Bureau of Investigation (“FBI”) and reported Williams’ extortionate demand.

On April 27, 2018, in a meeting recorded by the FBI, the Parolee met with Williams at the Georgia Department of Community Supervision in Decatur, Georgia. During the meeting, Williams led the Parolee to a secluded area of the building, where the Parolee paid Williams $1,000 in cash.  Williams told the Parolee that in exchange for a second $3,500 bribe payment, Williams would not require the Parolee to wear an ankle monitor or submit to a polygraph examination.

On May 4, 2018, in a meeting recorded by the FBI, the Parolee met with Williams at a fast food restaurant in Stone Mountain, Georgia. In the bathroom of the fast food restaurant, the Parolee paid Williams $3,500 in cash.

Notably, after the Parolee paid the two bribe payments, Williams did not make the Parolee take a polygraph examination, wear an ankle bracelet, or attend any additional treatment classes.

On May 21, 2019, Tyrique F. Williams, 28, of Atlanta, Georgia, pleaded guilty to one count of Extortion under the Color of Official Right. For his crime, Williams was sentenced to one year, and one day in federal prison to be followed by three years of supervised release.

This case was investigated by the FBI, DeKalb County District Attorney’s Office, and the Georgia’s Department of Community Supervision.

Assistant U.S. Attorneys Jeffrey W. Davis and Leanne M. Marek prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Maysam Ghovanloo has pleaded guilty to violating the federal wire fraud statute in furtherance of a scheme to defraud the National Science Foundation.  Ghovanloo owned Bionic Sciences, Inc. (BSI), and was a professor at Georgia Tech.

“Federal grants awarded to develop new medical instruments require meticulous and truthful records be kept of how those dollars are applied,” said U.S. Attorney Byung J. “BJay” Pak.  “These funds are designed to help bring new innovations to fulfillment, and hopefully also into the medical arena, where they can be used for wellness.”

“The Small Business Innovation Research Program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to protect the integrity of this program. The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds and I commend the U.S. Attorney’s Office and our investigative partners for their support in this effort,” said Allison C. Lerner, Inspector General of the National Science Foundation (NSF).

According to U.S. Attorney Pak, the charges and other information presented in court: Dr. Ghovanloo was a tenured full professor at Georgia Tech, and he owned and operated a Georgia corporation called Bionic Sciences, Inc.  Dr. Ghovanloo and BSI received federal grants through Small Business Innovation Research (SBIR) programs sponsored by NSF. To be eligible for SBIR grant funds, Dr. Ghovanloo and BSI were required to meet program-eligibility requirements, adhere to award terms and conditions, and provide only truthful information in all documents submitted to NSF. But Dr. Ghovanloo submitted certifications that contained materially false and fraudulent statements and omissions, followed by electronic payment requests to NSF.

As part of this guilty plea, Dr. Ghovanloo paid a lump sum of $40,000 in restitution and was barred from doing business with the federal government for a period of three years. In addition, Dr. Ghovanloo resigned from his position at Georgia Tech, effective June 21, 2019.

Sentencing for Maysam Ghovanloo, 46, of Atlanta, Georgia, is scheduled for November 5, 2019, at 10:30 a.m., before U.S. District Judge Steve C. Jones.

This case is being investigated by Special Agents of the National Science Foundation Office of Inspector General and the Department of Health and Human Services Office of Inspector General.

Assistant U.S. Attorney Russell Phillips is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA, Ga. – Edward “Eddie” Okenica has been charged on a criminal complaint alleging he produced, received, and possessed child pornography, and committed related charges.

“Okenica allegedly produced, received, and collected images portraying the sexual exploitation and abuse of young teenage girls,” said U.S. Attorney Byung J. “BJay” Pak. “The allegations in this case are heinous, but it also serves as a reminder that parents must be aware of their children’s social media activity.  Predators continue to prey on our youth through social media more than any other method.”

“Sextortion remains a huge threat to our youth.   Unfortunately once a child’s image is shared online it can never be brought back,” said Homeland Security Investigations (HSI) Special Agent in Charge Nick S. Annan.  “HSI remains committed to both aggressively investigating those who try to prey on our children as well as working diligently to try and educate both parents and their children of the dangers that exist in this digital world.”

According to U.S. Attorney Pak, and the other information presented in the federal complaint: Federal agents determined that since at least November 2018, Eddie Okenica had contacted minor girls using a Snapchat account and allegedly solicited nude photographs or videos from these children. Agents determined that Okenica contacted dozens of teenage girls across the country using Snapchat and successfully persuaded them to send him nude photographs and videos. In some instances, Okenica offered to pay the minors for these materials.

Investigators uncovered evidence that Okenica also allegedly threatened to publicly expose at least three of the victims if they refused to send him the nude photographs and videos. Okenica, for example, threatened to send nude photographs of a 12-year-old girl to all her Instagram friends if she did not comply with his demands.

Edward “Eddie” Okenica, 23, of Cumming, Georgia, was arrested on August 14, 2019, and made his initial appearance before U.S. Magistrate Judge Janet F. King. 

Members of the public are reminded that a complaint only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

Anyone with information, or who may have been a victim in this case, please contact U.S. Immigration and Customs Enforcement’s Homeland Security Investigations at 404-346-2831.

This case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Forsyth County Sheriff’s Office.

Assistant U.S. Attorneys Alex R. Sistla and Erin Sanders, are prosecuting the case.

This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Brian J. Wilson, an inmate in Atlanta’s U.S. Penitentiary has been charged with possessing a contraband cell phone that he used to post photographs to and live stream content onto a social media platform from his prison cell.

“The proliferation of contraband cell phones in federal prisons has reached epidemic proportions,” said U.S. Attorney Byung J. “BJay” Pak.  “Inmates tempted to use a phone in Atlanta’s federal prison – when we catch you using a cell phone from prison, it will equal more cell time in prison.”

“Unauthorized cell phones in prisons are often used to conduct further illegal activity and can create serious security concerns,” said Chis Hacker, Special Agent in Charge of FBI Atlanta. “We will continue to use our resources and investigate how contraband is smuggled into any federal prison.”

According to U.S. Attorney Pak, the charges, and other information presented in court: the United States Penitentiary in Atlanta, Georgia (“USP Atlanta”) is a medium-security federal prison for male inmates operated by the Federal Bureau of Prisons.

On or about March 24, 2015, Wilson was sentenced to ten years of imprisonment after incurring a conviction for possession of a stolen firearm. Since approximately May 3, 2018, Wilson has been an inmate at USP Atlanta, with a scheduled release date of November 28, 2022. 

As an inmate, Wilson possessed a cell phone in USP Atlanta. From approximately late-May to July 2019, Wilson used a cell phone to post images to and to live stream content onto a social media platform from his prison cell. In fact, Wilson posted a photograph onto his Facebook account of himself holding a cell phone while in his prison cell. 

Brian J. Wilson, 32, of Atlanta, Georgia, has been charged via criminal information with possessing a contraband cell phone in prison.

Members of the public are reminded that the information only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

The FBI and the Bureau of Prisons are investigating this case.

Assistant U.S. Attorney Jeffrey W. Davis, Chief of the Public Integrity and Special Matters Section, and Assistant U.S. Attorney Carolyn Cain Burch are prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Michael Miller and Melvin Goode Wentt have been sentenced for their roles in a bank fraud conspiracy involving seven defendants, over 80 fraudulently obtained auto loans, and $1.7 million in bank and credit union losses. Four other co-defendants previously pled guilty. One defendant is awaiting extradition from the United Kingdom.

“These defendants’ ‘creative financing’ company specialized in ‘auto loan conversions,’ which was simply fraud,” said U.S. Attorney Byung J. “BJay” Pak.  “This scam was designed to trick lenders, which in this case were mostly credit unions, into granting loans for sham car sales.  While the businesses in their scheme may have been make-believe, the federal sentences they received are very real.”

“Bank fraud is not a victimless crime and these defendants will now have time to reflect on their choice to obtain these fraudulent auto loans,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI treats these types of financial crimes very seriously and warns anyone considering this type of criminal activity to also consider the fate these defendants face as a deterrent.”

“The defendants carried out a scheme to fraudulently obtain millions of dollars in loans to enrich themselves. The sentences handed down in this case will hold these individuals accountable for their criminal misconduct,” said David M. McGinnis, U.S. Postal Inspector in Charge of the Charlotte Division. “Postal Inspectors will continue to work with our law enforcement partners to detect, investigate and mitigate the effects of these types of financial crimes.”

According to U.S. Attorney Pak, the charges and other information presented in court: The defendants, and their co-conspirators started the fraud scheme by incorporating businesses that, by name, appeared to be auto dealerships but, in fact, were just shell corporations. These fake companies had names like “Premier Luxury Motors,” “Platinum Motors Auto Sales,” and “5-Star Motorsports,” but they had no employees, no cars, no car lots, and no dealership licenses.

After establishing the fake companies, the conspirators recruited individuals to apply for car loans with banks and credit unions. The loan applicants would claim that they were purchasing a car from one of the fake companies, and would supplement their applications with fake vehicle purchase orders created by the conspirators. If a loan check was issued to the loan applicant, the proceeds would be deposited into financial accounts opened by the conspirators and held in the names of the fake companies. The conspirators and the loan applicants would then split the money and never pay back the lender. Because there were no cars to repossess, the lender would be left with nothing.

The scheme spanned approximately four years. Over that time, the conspirators sought over 80 auto loans, totaling approximately $2.7M in attempted fraud, and actually obtained about $1.7M.

A jury convicted Miller and Goode Wentt of conspiracy and bank fraud on May 14, 2019.  The defendants in this case received the following sentences:

• Giovanni “Riq” Cartier, 55 of Austell, Georgia, was sentenced to four years, nine months in prison, to be followed by three years supervised release, and was ordered to pay $1,706,342.74 in restitution. Cartier pleaded guilty to bank fraud conspiracy on April 18, 2018.
   
• Melvin Goode Wentt a/k/a Melvin Goode, 59, of Brooklyn, New York, was sentenced to two years, ten months in prison, to be followed by five years of supervised release, and ordered to pay $765,603.25 in restitution.
   
• Michael Miller, 58, of Sandy Springs, Georgia, was sentenced to two years in prison, to be followed by five years of supervised release, and ordered to pay $316,826 in restitution.
   
• Rhaine Yamabushi a/k/a Marchelle Mathis, 45, of Florence, South Carolina, was sentenced to one year and a day in prison, to be followed by three years of supervised release, and ordered to pay $164,995 in restitution. Yamabushi pleaded guilty to bank fraud conspiracy on December 6, 2018.
   
• Vladimir Marcellus, 31, of Ventura, California, was sentenced to three years probation, with 240 days of home detention, and ordered to pay $164,995 in restitution. Marcellus pleaded guilty to bank fraud conspiracy on April 27, 2018.
   
• Kirk Evans, 46, of Ellenwood, Georgia, was sentenced to three years probation, with six months of home detention, and ordered to pay $47,799 in restitution. Evans pleaded guilty to bank fraud conspiracy on April 18, 2018.

This case was investigated by the Federal Bureau of Investigation and U.S. Postal Inspection Service.

Assistant U.S. Attorneys Samir Kaushal and John S. Ghose prosecuted the case.
 
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

GAINESVILLE, Ga. – Sadat Alvarez-Sanchez, a Mexican national, has been sentenced for illegally entering the United States after having previously been deported.

“This office continues to collaborate closely with our federal partners to identify and prosecute violent criminals who disregard our immigration laws and unlawfully re-enter the United States,” said U.S. Attorney Byung J. “BJay” Pak.

“This case is another example of the important work that the women and men of ICE do daily to keep our communities safe,” said ICE Atlanta Field Office Director Sean Gallagher.

According to U.S. Attorney Pak, the charge, and other information presented in court: Enforcement and Removal Operations (ERO) officers with Immigration and Customs Enforcement (ICE) encountered Alvarez-Sanchez on September 24, 2018, in Hall County, Georgia. At the time, Alvarez-Sanchez was being held at the Hall County Detention Center following his arrest on felony drug charges. ERO officers performed a background check and determined that Alvarez-Sanchez had recently been deported from the United States on April 12, 2018.

Alvarez-Sanchez’s previous deportation resulted from convictions for violent felony offenses in North Carolina, including 2005 convictions for attempted first degree murder, robbery with a dangerous weapon, and first degree kidnapping and a 2012 conviction for assault with a deadly weapon with the intent to seriously injure.  

Alvarez-Sanchez, 40, of Veracruz, Mexico, was sentenced by U.S. District Judge Richard Story to two years, six months in federal prison.  He will be deported after completing his sentence.  Alvarez-Sanchez pleaded guilty on March 25, 2019, to illegally re-entering the United States.

This case was investigated by the Department of Homeland Security, Immigration and Customs Enforcement’s Office of Enforcement and Removal Operations.

Special Assistant U.S. Attorney Greg Radics prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – A federal grand jury has indicted Todd and Julie Chrisley, the stars of the reality television show Chrisley Knows Best, on multiple counts of conspiracy, bank fraud, wire fraud, and tax evasion.  The Chrisleys’ accountant, Peter Tarantino, has also been indicted on tax-related offenses.    

“Todd and Julie Chrisley are charged not only with defrauding a number of banks by fraudulently obtaining millions of dollars in loans, but also with allegedly cheating taxpayers by actively evading paying federal taxes on the money they earned,” said U.S. Attorney Byung J. “BJay” Pak. “Celebrities face the same justice that everyone does.  These are serious federal charges and they will have their day in court.”  

“The reality of this indictment is that the FBI takes allegations of bank fraud and wire fraud very seriously and devotes many resources to protecting the institutions and citizens affected by those crimes,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The Chrisleys’ will now have their day in court, but anyone else considering this type of alleged activity should take notice.”

“The tax charges in this indictment serves notice that the Internal Revenue Service has zero tolerance for individuals who attempt to shirk their tax responsibilities. This action is also part of a much larger and coordinated effort by the IRS and Department of Justice to aggressively find and crack down on individuals who try to conspire with others to hide their income and then lie to federal agents when confronted. Honest and law abiding taxpayers are fed up with the likes of those who use deceit and fraud to line their pockets at their expense,” said Thomas J. Holloman, III, Special Agent in Charge of the Atlanta Field Office.

According to U.S. Attorney Pak, the charges, and other information presented in court: from at least as early as 2007 through approximately 2012, Todd and Julie Chrisley allegedly conspired to defraud numerous banks by providing the banks with false information such as personal financial statements containing false information, and fabricated bank statements when applying for and receiving millions of dollars in loans. 

After fraudulently obtaining these loans, the Chrisleys allegedly used much of the proceeds for their own personal benefit.  In 2014, two years after the alleged bank fraud scheme ended, Todd and Julie Chrisley allegedly used fabricated bank statements and a fabricated credit report that had been physically cut and taped or glued together when applying for and obtaining a lease for a home in California.  

Todd Chrisley, 51, and Julie Chrisley, 46, both of Nashville, Tennessee are also charged with conspiring with their Roswell, Georgia-based accountant, Peter Tarantino, 56, of Milton, Georgia to defraud the Internal Revenue Service. 

In February 2017, Todd Chrisley publicly claimed on a national radio program “obviously the federal government likes my tax returns because I pay 750,000 to 1 million dollars just about every year so the federal government doesn’t have a problem with my taxes.” However, Todd and Julie Chrisley allegedly did not timely file income tax returns for the 2013, 2014, 2015, and 2016 tax years or timely pay federal income taxes for any of those years. 

Instead, the Chrisleys and Tarantino allegedly took steps to obstruct IRS collection efforts, which included hiding income, lying to third parties about their tax returns, and – in Tarantino’s case – lying to FBI and IRS-CI Special Agents. 

Members of the public are reminded that the indictment only contains charges.  The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.

This case is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. 

Assistant U.S. Attorneys Thomas J. Krepp and Annalise K. Peters are prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ROME, Ga. - Daniel Landa-Duerta, Mauricio Dominguez-Vazquez, and Jorge Armando Avalos-Menera has been arraigned on federal charges related to methamphetamine seized from a conversion laboratory in Dallas, Georgia. 

“Methamphetamine is poison and continues to be a scourge in our district,” said U.S. Attorney Byung J. “BJay” Pak.  “Thanks to our vigilant law enforcement partners, this large quantity of drugs was discovered and seized before it could make its way into our community.”

Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division said of the indictment, “The cocktail of deadly chemicals used to manufacture methamphetamine are a recipe for disaster. These substances are not only volatile and toxic, but they also destroy families, communities and lives. Because of the collective effort between our local, state and federal law enforcement counterparts and the U.S. Attorney’s Office, these defendants were brought to justice and will no longer be able to distribute these dangerous chemicals.”

“This case began with information provided to law enforcement by concerned citizens in Paulding County.  Agents acted immediately to prohibit citizens being exposed.  A search warrant led to the dismantling of an extremely large clandestine methamphetamine conversion lab and the seizure of an unprecedented amount of methamphetamine in Paulding County.  The Haralson Paulding Drug Task Force, the Paulding County Sheriff’s Office and the Drug Enforcement Administration are working together to ensure a safe and positive outcome for all.”

According to U.S. Attorney Pak, the charges, and other information presented in court: On June 26, 2019, law enforcement uncovered an active methamphetamine conversion laboratory in Dallas, Georgia, allegedly used to convert liquid methamphetamine into crystal methamphetamine for distribution.  Large quantities of crystal and liquid methamphetamine were seized in the laboratory, and additional methamphetamine was seized in a traffic stop of a vehicle leaving the laboratory.  In total, law enforcement seized over 80 kilograms of crystal methamphetamine and approximately 75 gallons of liquid methamphetamine during the course of this investigation.

On July 24, 2019, a federal grand jury returned an indictment against Daniel Landa-Duerta, 20, of Múgica, Mexico, Mauricio Dominguez-Vazquez, 53, of Tallahassee, Florida, and Jorge Armando Avalos-Menera, 32, of Tulsa, Oklahoma, charging each of them with one count of conspiracy to possess with intent to distribute methamphetamine and one count of possessing with intent to distribute at least 500 grams of methamphetamine.

Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the Drug Enforcement Administration, with assistance by the Paulding County Drug Task Force.

Assistant U.S. Attorney Teresa M. Stolze is prosecuting the case.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – The United States has filed a False Claims Act complaint against Robert C. Burkich, M.D and Preventative Medicine Anti-Aging & Chelation, Inc.  (hereinafter, the “Burkich defendants”).  The lawsuit alleges that the Burkich defendants were responsible for the submission of false claims to Medicare for medically unnecessary chelation therapy.

“To participate in the Medicare program, healthcare providers must also certify that the services they provide to patients are medically necessary for the health of the patient,” said U. S. Attorney Byung J. “BJay” Pak. “When healthcare providers falsely certify that the services they provide to patients are medically necessary, they deplete the resources available to Medicare beneficiaries that are actually in need of care.  In concert with our regulatory and law enforcement partners, we will continue to identify and pursue actors that commit acts of waste, fraud and abuse against the Medicare program.”

OPM-OIG Deputy Assistant Inspector General for Investigations Thomas W. South said, “The OPM-OIG is committed to investigating health care providers that not only waste federal funds but also compromise the health and safety of patients by providing services that are medically unnecessary.”

“We will not allow greed to impede beneficiaries’ access to necessary, quality health services,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “Our agents, working closely with our law enforcement partners, will continue to protect taxpayer dollars and vulnerable recipients of government healthcare programs.”

The United States’ complaint alleges that, between September 2009 and January 2017, Dr. Burkich provided medically unnecessary chelation therapy by, inter-alia, intravenously administering the chelation drug edetate calcium disodium (EDTA) to Medicare beneficiaries who were not suffering from lead poisoning.  Chelation therapy is a rarely used treatment that is generally only indicated for individuals suffering from lead poisoning and other forms of heavy metal poisoning (HMP).  EDTA, one of the drugs used in chelation therapy, is indicated only as a treatment for lead poisoning and lead encephalopathy. 

Lead poisoning is diagnosed by determining whether the patient has had recent exposure to lead, and by testing the patient’s blood lead level (BLL).  However, whereas a symptomatic adult patient should only be chelated if she has a significantly heightened BLL (e.g. in excess of 50 mcg/dL), Dr. Burkich allegedly chelated patients with no lead detected in their blood whatsoever, or with only exceedingly low BLLs (e.g., less than 2 mcg/dL).

Dr. Burkich admitted that he left Tennessee and relocated to Georgia because he felt that Tennessee restricted the use of EDTA to patients suffering from lead poisoning, whereas his belief was that Georgia allowed EDTA to be utilized as an experimental treatment for a variety of conditions.  Indeed, Burkich allegedly touted and administered EDTA as an effective treatment for a variety of conditions other than lead poisoning, such as heart disease, fatigue and osteoarthritis.  However, Medicare does not cover EDTA chelation therapy for alternative and/or experimental uses such as these.

The United States contends that these chelation treatments are contrary to the standard of care and medically unnecessary. EDTA has a black box warning indicating that it “is capable of producing toxic effects which can be fatal.”  Its adverse side effects include fever, chills, malaise, fatigue, myalgia, arthralgia, hypotension, cardiac rhythm irregularities, acute necrosis of proximal tubules (which may result in fatal nephrosis), nausea, vomiting, hypercalcemia, tremors, headaches, numbness and others.  Inappropriate use of EDTA risks these harms without benefit.

This matter was investigated by Assistant U.S. Attorney Paris Wynn of the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health and Human Services’ Office of Inspector General and the Office of Personnel Management’s Office of the Inspector General.

The claims asserted against the defendants are allegations only and there has been no determination of liability.

The lawsuit is captioned United States v. Robert C. Burkich, M.D., et al., Civil Action No. 1:19-cv-03510 MLB (NDGA 2019).

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – A federal jury has convicted Dravion Sanchez Ware for conducting a string of armed robberies targeting Asian owned-and-operated businesses in Atlanta, Doraville, Duluth, Roswell, Stone Mountain, and Norcross in October and November 2017.

“Ware terrified his innocent victims, demonstrating a callous disregard for the lives of these small business owners and their customers,” said U.S. Attorney Byung J. “BJay” Pak.  “The courage of his victims, and the coordination of federal and local law enforcement officers who were determined to bring him to justice, will ensure he faces a very lengthy prison sentence.”

“The victims of these violent armed robberies will be emotionally scarred forever, but thanks to a federal jury, hopefully they can rest easier knowing that Ware will not traumatize any more victims like they were, for a long, long time,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI would like to thank our state and local law enforcement partners who helped bring this violent defendant to justice.”

“The strong partnerships we work hard to forge in Atlanta with local, state and federal agencies are critical to bringing dangerous criminals like Ware to justice,” said Atlanta Police Chief Erika Shields. “Congratulations to all of those involved in putting an end to this violent string of robberies.”

“These are the results we get when agencies come together and pool our resources to ensure our communities remain safe from people who choose to do harm. Because of all of the hard work from our investigators, as well as the hard work from all of the agencies involved, we were able to make a good case and get a solid conviction. We are pleased that these individuals will not be loose on our streets wreaking havoc,” said Interim Doraville Police Chief Chuck Atkinson 

Gwinnett County Police Chief Butch Ayers said, “The series of crimes committed by these perpetrators are a prime example of the need for strong working relationships between federal and local agencies.  Criminals do not abide by jurisdictional boundaries.  The knowledge that law enforcement works together across those boundaries should discourage others who would commit such crimes.”

“The violent actions of these individuals created grief and fear within our communities. Thanks to coordination and cooperation between the dedicated members of the participating agencies, Ware and Smith will be held responsible for these vicious attacks,” said Roswell Police Chief James W. Conroy.

According to U.S. Attorney Pak, the charges, and other information presented in court: Between October 7 and November 10, 2017, Ware, along with co-defendant Tabyron Rashad Smith, committed multiple armed robberies of Asian-run businesses in Metro-Atlanta. Ware participated in at least nine armed robberies. He pistol-whipped several victims, terrified many others, and even shot three women during one of the robberies. One of Ware’s victims attempted to avoid detection while squatting on her knees, facedown, behind a cash register. Ware then calmly walked up behind her and shot her in the back at point-blank range. 

Ware’s convictions for conspiring to commit, and commission of, multiple Hobbs Act robbery offenses, and the charges of discharging or brandishing a firearm during the robberies, stem from his armed robberies of three businesses in Atlanta, two in Doraville, as well as one business in each of the following cities: Norcross, Duluth, Stone Mountain, and Roswell, Georgia.

Ware was captured on November 22, 2017, after the FBI led a multi-jurisdictional investigation that included participation of the Georgia Bureau of Investigation, the Doraville Police Department, the Fulton County Police Department, the Gwinnett County Police Department, the Atlanta Police Department, the Roswell Police Department, and the Sandy Springs Police Department. 

Ware’s co-defendant, Tabyron Rashad Smith, pled guilty on July 23, 2019, to conspiracy to commit the Hobbs Act robberies, and four counts of discharging or brandishing a firearm during several of the robberies.

Sentencing for Dravion Sanchez Ware, 23, of Atlanta, Georgia, is scheduled for November 5, 2019, at 10:00 a.m. before U.S. District Judge Timothy C. Batten, Sr.  Ware was found guilty on August 2, 2019 by a federal jury.

Assistant U.S. Attorneys Bret R. Hobson and Timothy H. Lee prosecuted the case.

This case was brought as a part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Kyle C. Sims, Herman A. Fields, and Peter Armour have been indicted for selling illegal guns and drugs out of a store in Riverdale, Georgia.  Sims and Armour were charged with possessing a machinegun, which they sold for $1,250 in cash.  Sims and Fields were charged with conspiring to distribute marijuana, cocaine, heroin, methamphetamine and Xanax.  Sims was also charged with two counts of possessing a firearm after being convicted of a felony. 

“Illegal possession and sales of firearms goes hand in hand with drug trafficking and violence,” said U.S. Attorney Byung J. “BJay” Pak.  “In this case, law enforcement quickly put an end to the defendants’ illicit business.”

“The defendants in this case showed no regard for the safety of the Riverdale community,” said ATF Special Agent in Charge Arthur Peralta.  “The illegal sale of firearms endangers everyone and we will continue to identify, investigate and arrest those individuals who choose to go down this path.”                                

“The City of South Fulton is pleased to get these violent criminals off our city streets.  We would like thank the ATF and US Attorney’s Office for their partnership in helping us to achieve our ultimate goal of crime reduction,” said Keith Meadows, South Fulton Chief of Police.

According to U.S. Attorney Pak, the indictment, and other information presented in court: Sims and Fields allegedly worked together to sell a variety of guns and drugs out of a T-shirt printing shop. Through undercover operations in the spring and summer of 2019, the ATF bought marijuana, cocaine, heroin, methamphetamine, and Xanax from Sims and Fields.

Using connections with various individuals, Sims also offered his customers a wide range of firearms for cash, with no questions asked, no ID check, and without the paperwork required for a legal gun purchase.  Through the same undercover operations, the ATF allegedly purchased 9mm pistols and a machinegun at the storefront.

Both Kyle C. Sims, a/k/a K-Rock, 33, of Fayetteville, Georgia, and Herman A. Fields, a/k/a Tip, 38, of Riverdale, Georgia, have been previously convicted of felony drug offenses. Both Sims and Fields were charged with conspiring to distribute marijuana, cocaine, heroin, methamphetamine and alprazolam (Xanax). 

Sims and Peter Armour, a/k/a Petey, 24, of Riverdale, Georgia, were charged with possessing a machinegun.  The machinegun was a Norinco, MAK-90 Sporter (7.62 x 39mm caliber), with the shoulder stock removed. Allegedly, Armour, with assistance from Sims, sold the machinegun and a high capacity magazine on May 16, 2019 for $1,250 in cash. Under federal law, the term “machinegun” includes any weapon which automatically shoots more than one shot, without manual reloading, by a single function of the trigger.

Sims was additionally charged with two counts of being a felon in possession of a firearm. Those charges relate to 9mm pistols that Sims allegedly sold in April and May, 2019.  Sims also has two prior felony convictions for possessing a firearm after being convicted of a felony. 

Sims is a registered sex offender, and was on probation at the time of the criminal conduct alleged in the indictment.  Sims was arrested on May 31, 2019.  On August 6, 2019, a federal magistrate judge entered a detention order holding Sims pending further proceedings in this case.

Herman Antonio Fields, a/k/a “Tip” is currently a fugitive. Individuals with information about the whereabouts of Fields should call the ATF or the U.S. Marshal Service with information. Tips may be submitted anonymously to the U.S. Marshal Service via mobile phone through the USMS Tips app, or on the world wide web at https://www.p3tips.com/USMS.aspx.

Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the South Fulton Police Department.

Assistant U.S. Attorney Alana R. Black is prosecuting the case.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Coleman Warnock and Adrian Banks have been sentenced to federal prison for conspiring to manufacture and possess phencyclidine, a psychedelic controlled substance commonly known as “PCP” and “angel dust,” with intent to distribute.  The concealed drug lab they operated in Fulton County exploded in July 2013, and burned for two days. 

“Their clandestine laboratory put an entire community at risk through their illicit enterprise,” said U.S. Attorney Byung J. “BJay” Pak.  “That risk became reality when the chemicals they were using to produce the poison exploded, causing an inferno that lasted for two days.  The fire that destroyed the home could have injured neighbors nearby but thankfully, it did not.  Nor did it destroy the evidence that landed these two long federal sentences.”

Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division said of the sentencings, “The clandestine PCP manufacturing site in South Fulton County was one of the largest ever discovered on the east coast.  When these defendants chose to manufacture PCP, the subsequent explosion and fire proved to be a recipe for disaster. Not only was the structure burned to the ground, but surrounding neighbors were put at risk and were inconvenienced for several days as public safety and law enforcement officials worked tirelessly to snuff out the two-day burning fire. Because of the collective efforts between DEA, its local, state and federal law enforcement counterparts and the U.S. Attorney’s Office, these defendants will spend well-deserved time in prison.”

According to U.S. Attorney Pak, the charges and other information presented in court: Warnock, a multi-convicted felon whose criminal history stretches back to the early 1990s, and Banks, a convicted drug trafficker, conspired to manufacture large quantities of PCP in the basement of a Fairburn, Georgia home. 

On July 6, 2013, while Warnock and Banks were working in the laboratory, some of the chemicals ignited and caused the laboratory to catch fire.  Over the next two days, the home that concealed the lab burned to the ground.  Investigators who responded to the scene of the fire recovered numerous barrels and canisters of chemicals, as well as protective equipment such as suits, gloves, and respiratory masks. 

Based on the quantity of chemicals recovered by law enforcement, DEA determined that the illicit lab was one of the largest in the country.  DNA taken from some of the protective equipment matched the DNA of Warnock and Banks. 

The co-conspirators sentenced by U.S. District Judge Amy Totenberg are:

• Coleman Warnock, 46, of Powder Springs, Georgia, and Compton, California, was sentenced to 15 years in prison, to be followed by five years of supervised release, and ordered to pay restitution in the amount of $85,000.  Warnock pleaded guilty to conspiracy to possess with the intent to distribute and manufacture phencyclidine on March 27, 2019, and was sentenced on July 23, 2019.
   
• Adrian Banks, 44, of Douglasville, Georgia, was sentenced to 20 years and two months in prison, to be followed by five years of supervised release, and ordered to pay restitution in the amount of $85,000.  Banks pleaded guilty to conspiracy to possess with the intent to distribute and manufacture phencyclidine on August 28, 2014, and was sentenced on June 30, 2017.

 
This case was investigated by the Drug Enforcement Administration and Georgia Bureau of Investigation.  Numerous other state and local agencies, including the former Fulton County Fire & Rescue Department, the Fulton County Police Department, the Georgia State Fire Marshal’s Office, and the Atlanta Fire Department, provided valuable assistance.
 
Assistant U.S. Attorney Theodore S. Hertzberg and Special Assistant U.S. Attorney Valerie Verduce prosecuted the case.
 
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
 
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Elvis Gordon, a former senior facilities technician for the U. S. Food and Drug Administration, has pleaded guilty to an undisclosed conflict of interest involving more than $126,000 worth of jobs performed at Atlanta’s FDA facility by a company in which Gordon had a direct financial interest.  

“Federal employees are in a position of public trust and, as they perform their duties, must be held to the highest standards of integrity,” said U.S. Attorney Byung J. “BJay” Pak.  “Instead of exposing his conflict of interest, Mr. Gordon capitalized on it, putting his personal benefit above his obligation to serve the public.”

“All federal employees are subject to specific ethics requirements that inform standards for their professional conduct and address matters such as conflicting financial interests, impartiality in performing official duties, and misuse of their position, among other things,” said Special Agent in Charge Antoinette V. Richard, FDA Office of Criminal Investigations Office of Internal Affairs. “If we learn of an FDA employee engaging in improper behavior such as abusing their position for personal financial gain, we will act swiftly to investigate, and when appropriate, refer criminal violations to the Department of Justice for prosecution to ensure that those responsible are held accountable.”

According to U.S. Attorney Pak, the charges and other information presented in court: Gordon was hired by the FDA in 1997.  From November, 2010 through December, 2017, Gordon was responsible for scheduling and overseeing building maintenance and the purchase of janitorial supplies for the FDA’s district office in Atlanta.  During the same time period, Gordon had a financial interest in P&E Management LLC (P&E), a Georgia corporation, which was principally owned and operated by Gordon’s co-defendant, Ivan Ponder. 

With Gordon’s oversight and project support, P&E was continually selected as a vendor to supply maintenance and janitorial services at Atlanta’s FDA facility.  In addition, Gordon often paid P&E for its work by using an FDA credit card issued to him.  Gordon neither disclosed to FDA management that he had a personal connection to P&E, nor did he report to the FDA that he was receiving financial payments from P&E.

On August 6, 2019, Elvis Gordon, 53, of Marietta, Georgia, pleaded guilty to a federal conflict of interest charge.  On July 15, 2019, Ivan Ponder, 49, of Hiram, Georgia, pleaded guilty to aiding and abetting Gordon’s conflict of interest scheme.

Sentencing for Gordon is scheduled for November 17, 2019 before United States District Judge Mark H. Cohen.

This case is being investigated by the U. S. Food and Drug Administration’s Office of Criminal Investigations Office of Internal Affairs.

Assistant U.S. Attorneys Brent Alan Gray and Matthew S. Carrico are prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Michael Bang has pleaded guilty to healthcare fraud charges related to a fraudulent reimbursement scheme targeting the Colorado Public Employees Retirement Association (“COPERA”). 

“Bang’s stole hundreds of thousands of dollars from a public entity that was at the same time providing him with medical and other benefits,” said U.S. Attorney Byung J. “BJay” Pak.  “Schemes like this can ultimately cost other customers precious resources to which they are entitled.”

“Falsifying prescriptions in order to generate illicit profits at the expense of tax payers will not be tolerated and the FBI will pursue anyone who chooses to do so,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Bang was driven by greed and he will now be held accountable for his transgressions.”

According to U.S. Attorney Pak, the charges and other information presented in court: Bang, who from at least 2014 to 2017 was a resident of Atlanta, Georgia, received retiree health benefits from COPERA’s self-funded health insurance program, PERACare.  The prescription coverage portion of the program was administered by Express Scripts.  PERACare provided insurance for current and former Colorado public employees no matter where they lived. 

As part of the healthcare fraud scheme, Bang, who at the time was a resident of Atlanta, sought reimbursement for medications through the submission of fraudulent reimbursement forms for medication that he was either not receiving or that was more expensive than the medications he was receiving.  Bang’s scheme involved three Atlanta-area pharmacies. 

The reimbursement claim forms that Bang faxed to Express Scripts were fraudulent for a number of reasons:

• The forms themselves were fabricated and submitted by Bang—they were not created by the pharmacies;
• Pharmacists’ signatures on each form were forged or unauthorized reproductions of the signatures of each pharmacist;
• Certain forms contained claims for medications that Bang never received and that never would have been prescribed simultaneously;
• The forms contained prescription numbers that did not match the medication claimed under that number;
• Many reimbursement forms claimed a “fill date” for prescriptions on dates when the pharmacies have no records of filling any prescriptions for Bang; and
• The forms claimed out-of-pocket expenses that were never incurred by Bang.

Between May 2014 and December 2017, Bang stole at least $300,000 from COPERA through his fraudulent reimbursement scheme.

On November 7, 2018, Bang, 58, of Mesa, Arizona, was indicted on twenty counts of healthcare fraud, wire fraud, and aggravated identity theft.  He pleaded guilty to one count of healthcare fraud.  Sentencing is scheduled for October 24, 2019, at 3:00 p.m., before U.S. District Judge Steve C. Jones.

In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

This case is being investigated by the Federal Bureau of Investigation.

Assistant U.S. Attorney Ryan J. Huschka is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Guatemalan nationals Paola Valenzuela Arevalo and Herbert Jonathan Castillo Juarez, who are husband and wife, have pleaded guilty to eight federal charges for their roles in an international heroin and cocaine trafficking conspiracy.  Valenzuela and Castillo employed and coordinated the operations of numerous couriers who imported heroin and cocaine into and through the United States as well as throughout Europe on behalf of Valenzuela, Castillo, and their drug-trafficking organization. 

“This case continues our efforts to combat the devastating impact of opiates in our community,” said U.S. Attorney Byung J. Pak. “Atlanta’s status as a major transportation hub and the location of the world’s busiest airport makes our city a target for criminal organizations seeking to import heroin and other dangerous drugs.  Disrupting drug trafficking organizations and seizing their narcotics as well as getting their members off the streets is one of our highest priorities.”

“The drug trafficking organization overseen by Valenzuela and Castillo contributed significantly to the Opioid plague sweeping across this country.  Taking these individuals, and their illicit narcotics off the streets, is a small step in making this country a safer place and we will continue our relentless pursuit of any and all who would choose to follow in their path,” said HSI Special Agent in Charge, Nick Annan.

Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division said of the guilty pleas, “DEA’s mission is to eradicate the distribution of drugs at the highest level and to follow the far-reaching tentacles of drug trafficking. DEA, its law enforcement counterparts and the U.S. Attorney’s Office will continue to use every available resource to dismantle, disrupt, and destroy drug distribution networks. This case was successful because of the collaborative efforts between law enforcement authorities on all levels.”

According to U.S. Attorney Pak, the charges and other information presented in court: From at least October 2015 until August 2016, Valenzuela and Castillo engaged in a conspiracy to import heroin and cocaine from Guatemala to and through the United States and to Europe for distribution.  They recruited, managed, and oversaw numerous couriers who trafficked these drugs from Guatemala, including exploiting minors under the age of 18 as drug couriers.  Much of the heroin that Valenzuela and Castillo trafficked was routed through Hartsfield-Jackson Atlanta International Airport and ultimately was destined for major Northeastern U.S. cities, including New York City, and Philadelphia, Pennsylvania.  Valenzuela and Castillo also trafficked cocaine from Guatemala to several European countries, including Switzerland, Norway, and elsewhere.

Among the many instances in which couriers trafficked drugs at Valenzuela’s and Castillo’s direction include following:

• On July 15, 2016, a Guatemalan citizen flew on a Delta flight from Guatemala City to Atlanta carrying heroin hidden inside luggage that he had received from Valenzuela, Castillo, and their source of supply.  During an inspection of the man and his luggage, U.S. Customs and Border Protection (“CBP”) discovered more than two kilograms of heroin.  A female minor aboard the same flight also was trafficking heroin at Valenzuela’s and Castillo’s direction.  She, too, was arrested carrying more than two kilograms of heroin.
• On four trips to the United States between June 2016 and August 2016, at Valenzuela and Castillo’s direction, a U.S. citizen carried narcotics on flights departing Guatemala City and delivered the narcotics in the United States.  The man concealed the heroin he carried either internally (by swallowing it) or that hidden in luggage.  He delivered the heroin to Philadelphia and New York.  On August 4, 2016, he was arrested at Hartsfield-Jackson Atlanta International Airport internally carrying approximately one kilogram of heroin that he had swallowed at Valenzuela and Castillo’s direction.  The man also transported cocaine at Valenzuela and Castillo’s direction, from Guatemala through Miami, Florida, to Zurich, Switzerland on October 24, 2015 and from Guatemala through Atlanta to Norway on February 13, 2016. 
• On July 24, 2016, a U.S. citizen was arrested at Los Angeles International Airport after a CBP inspection found that he was carrying more than two kilograms of heroin hidden in bags also at the direction of Valenzuela, Castillo, and their source of supply.  The man was supposed to deliver the narcotics to a buyer in New York. 
• On August 13, 2016, a Guatemalan citizen flew from Guatemala City to Hartsfield-Jackson International Airport and was arrested after a CBP inspection found that he was carrying 952.9 grams of heroin hidden in pellets that he was internally carrying, also having swallowed them.  The man also was recruited by Valenzuela and Castillo who coordinated and oversaw his drug trafficking trip. 

On August 18, 2016, Swiss authorities, acting on a tip by U.S. law enforcement, arrested Valenzuela and Castillo attempting to import cocaine that they had swallowed into Zurich Switzerland.  After serving sentences on the Swiss drug charges, Valenzuela and Castillo were extradited to the United States to face the drug-trafficking charges to which they pleaded guilty. 

In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

On January 22, 2019, Valenzuela, 39, and Castillo, 42, both of Guatemala, were indicted on eight counts each of possession with the intent to distribute heroin and the importation of heroin into the United States, as well as conspiracy to commit both of those offenses by trafficking heroin and cocaine to the United States and Europe. They pleaded guilty to all counts.  Sentencing is scheduled for January 7, 2020, at 9:00 a.m., before U.S. District Judge Mark H. Cohen.

This case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from the Drug Enforcement Administration.  The Department of Justice’s Office of International Affairs is also providing assistance with this case.

Assistant U.S. Attorneys Ryan J. Huschka and Ryan M. Christian are prosecuting the case. 

This prosecution is being brought as a part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations.  Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Mark Antonio Sanders has been sentenced for possession of a firearm by a convicted felon and possession of a firearm with an obliterated serial number. Sanders has previous felony convictions related to multiple Atlanta shootings, including a 2004 federal conviction for possession of a firearm by a convicted felon.

“Repeat offenders in possession of a firearm pose one of the most serious threats to public safety in our communities,” said U.S. Attorney Byung J. “BJay” Pak. “Sanders’ history of armed violence demonstrates his lack of concern for the welfare of others and his disregard for the law.”

“This case involves the illegally possessed firearm in the hands of a criminal,” said ATF Assistant Special Agent in Charge Beau Kolodka. “It demonstrates the cooperation that exists between the Atlanta Police Department and ATF.”

“We appreciate the U.S. Attorney’s Office commitment to ensuring these armed felons serve meaningful prison sentences,” said Chief Erika Shields. “We see, all too often, the havoc that the proliferation and use of guns by criminals causes on our streets.”

According to U.S. Attorney Pak, the charges and other information presented in court: On May 6, 2017, Atlanta Police Department officers responded to gunfire on the porch of a residence in Atlanta. The victim notified police that an unknown man, later identified as Sanders, struck him on the side of his face with a firearm and then shot him through the top of his foot. On May 30, 2017, officers spotted Sanders a few blocks from the scene of the shooting. Sanders then led police on a foot chase during which he briefly crouched behind the “Welcome to East Atlanta” sign. Once Sanders was detained, officers searched behind the sign and located a loaded Jiminez Arms 9mm pistol with a scratched off serial number.

Mark Antonio Sanders, 50, of Atlanta, Georgia, was sentenced to seven years in prison to be followed by three years of supervised release as a result of a guilty plea on April 30, 2019.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Atlanta Police Department.

Assistant U.S. Attorney Irina Dutcher prosecuted the case.

This case was brought as a part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Teodor Laurentiu Costea, Robert Codrut Dumitrescu, and Cosmin Draghici have been sentenced to federal prison on wire fraud conspiracy, computer fraud and abuse, and aggravated identity theft charges.  Their scheme originated from Romania and resulted in the illegal intrusion into computer servers in the United States.  They also deployed phishing messages to thousands of victims and subsequently stole victims’ social security numbers and bank account information. 

“These defendants sought to victimize citizens of the Northern District of Georgia and ultimately across the United States,” said U.S. Attorney Byung J. “BJay” Pak.  “We are warning cyber-criminals no matter where they reside, that this office and our law-enforcement partners are committed to finding you, extraditing you to this district, and prosecuting you.”

“The FBI won’t let geographic boundaries stop us from pursuing and prosecuting those persons who cause tremendous financial pain to U.S. citizens,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “These three criminals felt like they were safe in Romania hiding behind their computers. Hopefully their sentences send a message to anyone who thinks they can prey on our citizens from afar and get away with it.”

According to U.S. Attorney Pak, the charges, and other information presented in court: From approximately October 2011 through February 2014, Robert Codrut Dumitrescu, Teodor Laurentiu Costea and Cosmin Draghici conducted a “vishing” and “smishing” scheme from Romania.  “Vishing” is a type of phishing scheme that communicates a phishing message, or a message that purports to be from a legitimate source, in this case the victims’ banks, through a voice recording. “Smishing” is similar to “vishing,” but communicates a phishing message through text messages.

As part of the scheme, the defendants compromised computer servers located in the Northern District of Georgia, and elsewhere, and installed both interactive voice response and bulk emailing software.  That software initiated thousands of telephone calls and text messages to victims in the Northern District of Georgia, and across the United States, tricking them into disclosing Personally Identifiable Information (PII) such as financial account numbers, PINs, and Social Security Numbers.  

When a victim received a telephone call, they would be greeted by a recorded message falsely claiming to be a bank. The interactive voice response software would then prompt the victim to enter their PII.

When a victim received a text message, the message purported to be from a bank and directed the recipient to call a telephone number hosted by a compromised Voice Over Internet Protocol server. When the victim called the telephone number, they were prompted by the interactive voice response software to enter their PII. The stolen PII was stored on the compromised computer servers and accessed by Dumitrescu and Costea, who then sold or used the fraudulently obtained information with the assistance of Draghici. 

At the time of their arrests in Romania, Dumitrescu possessed 3,278 financial account numbers, Costea possessed 36,050 financial account numbers, and Draghici possessed 3,465 financial account numbers – all fraudulently obtained through this scheme.   Based upon these numbers alone, the loss amount exceeded $21,000,000. 

• Robert Codrut Dumitrescu, 41, of Ploiesti, Romania, was sentenced to seven years, three months in prison to be followed by three years of supervised release;

• Teodor Laurentiu Costea, 43, of Ploiesti, Romania, was sentenced on June 11, 2019 to eight years and two months in prison to be followed by three years of supervised release.

• Cosmin Draghici, 30, also of Ploiesti, Romania, was sentenced on June 12, 2019 to four years, three months in prison to be followed by three years of supervised release. 

Dumitrescu, Costea, and Draghici were convicted of these charges following their guilty pleas earlier this year.  A restitution hearing has been scheduled for August 30, 2019.   Costea, Dumitrescu, and Draghici were extradited from Romania to Atlanta in 2018 to face these charges.    

This case was investigated by the Federal Bureau of Investigation.

Assistant U.S. Attorney Michael Herskowitz, Chief of the Cyber and Intellectual Property Crime Section, prosecuted the case, with valuable assistance from the Department of Justice’s Office of International Affairs.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA, Ga. – Thomas Cwik has been arraigned on federal charges of producing, distributing, receiving, and possessing child pornography.

“Cwik allegedly produced, distributed, and collected images portraying the sexual exploitation and abuse of young children,” said U.S. Attorney Byung J. “BJay” Pak. “It is imperative that we continue target and prosecute sexual predators who victimize children.”

“Child pornography production is, plainly speaking, the filming of child rape. In this case Mr. Cwik allegedly victimized numerous children,” said HSI Atlanta Special Agent in Charge Nick S. Annan. “I want to commend our law enforcement partners, including the Paulding County Sheriff’s Office for a quick multi-agency effort which resulted in Cwik’s arrest.  Homeland Security Investigations is committed to investigating and seeking prosecution of these cases as one the agency’s highest priorities.”

According to U.S. Attorney Pak, the charges, and other information presented in court: Federal agents determined that Thomas Cwik allegedly traded child pornography online with another individual in January 2019. Agents executed a search warrant at Cwik’s home in April 2019 and found multiple digital devices containing hundreds of images and videos of child pornography. They also discovered that Cwik allegedly engaged in sex acts with a minor child in Cobb County, Georgia and captured his sexual abuse of that child on two videos taken on each instance of abuse.

Thomas Cwik, 31, of Powder Springs, Georgia, was arraigned before U.S. Magistrate Judge Linda T. Walker.  Cwik was indicted by a federal grand jury on July 9, 2019.  Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

Anyone with information, or who may have been a victim in this case, please contact the Paulding Sheriff’s Juvenile Investigations Division at 770-445-6105 or U.S. Immigration and Customs Enforcement’s Homeland Security Investigations at 404-346-2831.

This case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Assistant U.S. Attorney Jill E. Steinberg, Deputy Chief of the Criminal Division, is prosecuting the case.

This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ROME, Ga. - Brian Hernandez Acosta, the lead defendant in a child sex trafficking case, has pleaded guilty to charges of conducting a child exploitation enterprise, conspiring to engage, and engaging, in sex trafficking minors by force, fraud, or coercion, sex trafficking of children under 18 years old, interstate transport of a minor for prostitution, producing child pornography, and distributing cocaine to a person under 21 years old.

“The defendant produced child pornography and pursued a full range of child exploitation methods,” said U.S. Attorney Byung J. “BJay” Pak. “The scheme in this case is especially egregious because they coerced their child victims into engaging in sexual activity in some instances through the use of alcohol and cocaine.  We are hopeful that Hernandez Acosta’s guilty plea will encourage more victims to contact law enforcement.” 

“This defendant and his friends preyed upon vulnerable teens, and in a scheme of cruelty and brutality coerced his victims to sell their bodies for his own gratification and profit,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI has zero tolerance for the sex trafficking of children and will continue to work with law enforcement partners to ensure justice is served for the victims.”

“I am very pleased that members of the Dalton Police Department were able to assist with this case.  The hard work and efforts by the FBI and the task force members really paid off.  Their efforts have helped to dismantle a group that was sexually exploiting minors,” said Dalton Police Chief Cliff Cason.

According to U.S. Attorney Pak, the charges and other information presented in court: Hernandez Acosta conspired to traffic minor girls for commercial sex throughout North Georgia.  Beginning in November 2015, and continuing until December 2016, the defendants allegedly caused at least six girls between 16 and 17 years old to engage in prostitution, through the use force, fraud, and coercion.

Hernandez Acosta, after pursuing some of the girls on Facebook and Snapchat, posted provocative photographs of them in the adult entertainment and escort sections of Backpage.com, a classified advertisement website seized by the Department of Justice. Hernandez Acosta used these ads to solicit men to engage in sex with the minors for money. The advertisements used fake names for the minors and falsely listed the girls’ ages as between 19 through 21 years old.  For example, Hernandez Acosta forced one 16-year-old girl to engage in sex with men after driving her from Florida to Georgia after falsely offering the girl a place to live. The defendant required the young girls to engage in sex acts with multiple men each night and kept a large portion of the money they earned.

Between July 2016 and December 2016, co-defendants Anthony Joseph Lawhon and Brandi Rice Stumpe allegedly hosted numerous sex parties at their residence in Canton, Georgia, where they engaged in sex acts with minor girls or young women while plying them with alcohol and cocaine. Investigators recovered images of some of this conduct on Hernandez Acosta’s cellphone. Lawhon is alleged to have paid Hernandez Acosta thousands of dollars in exchange for commercial sex and cocaine. Investigators are working to identify other girls and young women allegedly victimized in this child exploitation scheme.

Hernandez Acosta’s guilty plea follows the previous guilty pleas of co-defendants Nilageo Alvarez Acosta and Jaime Adam Riano. The trial of co-defendants Anthony Joseph Lawhon and Brandi Rice Stumpe is currently scheduled for September 16, 2019, before U.S. District Judge Timothy C. Batten, Sr.

• Brian Hernandez Acosta, 28, of Dalton, Georgia, pleaded guilty on July 1, 2019, to the offenses of conducting a child exploitation enterprise, sex trafficking minors by force, fraud, or coercion, sex trafficking of children under 18 years old, transporting a minor in interstate commerce for prostitution, producing child pornography, and distributing cocaine to a person under 21 years old.

• Nilageo Alvarez Acosta pleaded guilty on April 11, 2019, to conspiracy to engage in sex trafficking, sex trafficking by force, fraud or coercion, sex trafficking children under 18 years old, and interstate transport of a minor for prostitution. 

• Jaime Adam Riano pleaded guilty on November 17, 2017, to sex trafficking children under 18 years old.

This case is being investigated by the Federal Bureau of Investigation and the Dalton Police Department.  The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Georgia Bureau of Investigation, and the Murray County Sheriff’s Office also provided assistance.

Assistant U.S. Attorneys Suzette A. Smikle, Dashene Cooper, and Phyllis Clerk are prosecuting the case.

Members of the public are reminded that the indictment concerning co-defendants Anthony Joseph Lawhon and Brandi Rice Stumpe only contains charges.  Lawhon and Stumpe are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.

This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Kwamaine Jerell Ford has been sentenced to federal prison for hacking into more than 100 Apple accounts belonging to high-profile professional athletes and rappers and spending nearly $325,000 using stolen financial information from several of these victims.

“Ford targeted celebrities and professional athletes in his identity theft scheme and used credit card information stolen from these victims to fund his personal lifestyle,” said U.S. Attorney Byung J. “BJay” Pak. “Citizens should remember that anyone can fall prey to identity theft, and they should be vigilant in protecting their personal information.”

“In today’s high tech world, citizens entrust their personal information to a number of service providers and expect that information to be protected,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Unfortunately, identity thieves are becoming more creative and more devious. But the FBI’s dedicated agents are determined to keep up with that devious creativity to protect our citizens and bring suspects like Ford to justice.”

According to U.S. Attorney Pak, the charges and other information presented in court: Beginning in at least March 2015, Ford targeted college and professional athletes, including NBA and NFL players, and rappers in a “phishing” scheme.  Phishing is a scheme in which the perpetrator sends a message that purports to be from a legitimate source in the hopes of securing personal information of a potential victim. Ford sent thousands of phishing emails to victims from email accounts he set up to spoof legitimate Apple customer service accounts.

Ford, posing as an Apple customer support representative, requested that the victims send him their username and password or answers to security challenge questions, which Ford claimed was needed either to reset their Apple accounts or to access videos that individuals were purportedly trying to send the victims. More than 100 victims provided their login credentials for Apple accounts based on the phishing scheme.

After obtaining the victims’ passwords, Ford gained complete control over the victim accounts by resetting the account passwords and changing the victims’ credentials and contact information. As a result, the victims could not log into their own accounts unless they contacted Apple by phone and proved their identity. Apple records showed hundreds of unauthorized logins to victim Apple accounts.

After gaining control of the victims’ Apple accounts, Ford found credit card information belonging to several victims. Ford then used the stolen credit card numbers to spend $322,567 over a three-year period, including thousands of dollars in flights, car travel, hotels, retail purchases, restaurants, and cash transfers to his online financial accounts.

Kwamaine Jerell Ford, 27, of Dacula, Georgia, was sentenced by U.S. District Judge Timothy C. Batten, Sr., to three years and one month in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $697,270. Ford was convicted of computer fraud and aggravated identity theft charges on March 28, 2019, after he pleaded guilty.

This case was investigated by the FBI.

Assistant U.S. Attorney Nathan P. Kitchens, Deputy Chief of the Cyber and Intellectual Property Crimes Section, prosecuted the case.  Apple Inc. provided valuable assistance in the investigation and prosecution.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Jonathan Christopher Scott, who has been convicted of multiple felonies, has been sentenced to federal prison for possession of a stolen firearm.

“Convicted felons like Scott, in possession of stolen firearm, pose one of the most serious threats to public safety,” said U.S. Attorney Byung J. “BJay” Pak.  “His flagrant firing of the weapon showed he had no regard for citizens, or fear of the law.”

“Let’s be clear about this,” said ATF Special Agent in Charge Art Peralta.  “It is already a crime for a convicted felon to possess a firearm.  Jonathan Scott made a conscious decision to take it a step further and shot his handgun in the parking lot potentially endangering the lives of anyone in the area.  His decision to pull the trigger demands our immediate attention and in this case, I am relieved that Mr. Scott was arrested before his criminal behavior resulted in serious injury to anyone.”

“Thanks to our professional and hard-working officers, Mr. Scott was apprehended and his ability to harm others quelled.  I am extremely proud of every City of Norcross Police Officer for the tremendous service they provide this city every day.  I am also thankful for the ATF’s efforts in this case.  Their partnership is crucial to the success of local law enforcement,” said Norcross Police Chief Bill Grogan.

According to U.S. Attorney Pak, the charges and other information presented in court: On March 20, 2018, Norcross Police responded to reports of gunfire at a local hotel.  Upon arrival, they were notified that Jonathan Christopher Scott had fired a handgun in the parking lot.  The entire incident was captured on video, but Scott left the location prior to law enforcement's arrival. 

Shortly thereafter, Norcross Police were notified that Scott returned to the hotel.  Officers were directed to his room and Scott refused to answer.  After several attempts to contact him were unsuccessful, police obtained a search warrant, entered the hotel room, and observed Scott walking away from the bathroom.  Scott was detained and police located a loaded Smith and Wesson .40 caliber handgun inside of the water tank affixed to the toilet.  The handgun was reported stolen from a vehicle in Henry County, Georgia on January 30, 2018. 

 Jonathan was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Norcross Police Department.

Deputy Chief Assistant U.S. Attorney Jill Steinberg and Assistant U.S. Attorney Noah Schechtman prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

GAINESVILLE, Ga. - Ernest Leander Shaw has been sentenced for possession of child pornography.  Shaw, a former substitute teacher, taught at various schools throughout the county.

“Child pornography is abuse of society’s most vulnerable population—young children,” said U.S. Attorney Byung J. “BJay” Pak.  “Children trust that adults and those in leadership positions will be their protector.  Shaw chose to betray that trust.”

“There is no sentence that can ever make the victims of child pornography whole again,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “It is even more disheartening when a person entrusted to protect children, our most vulnerable citizens, is the person who promotes this abuse. We can only hope that Shaw's sentence will discourage others from this depraved behavior.”

“It is my hope that Shaw is monitored to the fullest extent and can never have access to children again, as he had access here in Jackson County in our schools.   He committed horrendous acts when he possessed child pornography for his gratification and then had access to our children here in Jackson County,” said Jackson County Sheriff Janis Mangum.

According to U.S. Attorney Pak, the charges and other information presented in court: In or around May 2018, the Jackson County Sheriff’s Office received information that Shaw possessed an electronic device that contained child pornography.  During their subsequent interview with Shaw, he admitted that the images belonged to him.  Based upon Shaw’s consent to a search of his residence, telephones, and other electronic devices, and a search warrant obtained from a Jackson County Magistrate Judge, the Jackson County Sheriff’s Office eventually found hundreds of images and videos of child pornography on various electronic devices in Shaw’s residence.  

Ernest Leander Shaw, 66, of Nicholson, Georgia, was sentenced today by U.S. District Court Judge Richard W. Story to two years in prison, to be followed by 10 years of supervised release of which the first two years will be served on home confinement.  Shaw was indicted by a federal grand jury on September 18, 2018.  He pleaded guilty to the sole count in the indictment, pursuant to a written plea agreement.

This case was investigated by the Federal Bureau of Investigation, with the initial investigation handled by the Jackson County Sheriff’s Office.

Assistant U.S. Attorney Sekret T. Sneed prosecuted the case.

This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Craig Alan Castaneda has been sentenced for traveling from San Diego, California, to Atlanta, Georgia, to have sex with a nine-year-old girl and enticing a minor to engage in illegal sexual activity.

“This sentence is a reminder of what child predators can expect if they seek to harm a child here,” said U.S. Attorney Byung J. “BJay” Pak. “There is no tolerance for their depraved conduct.  Our mission is to protect citizens, especially the most vulnerable members of our community.”

“The severity of this sentence is the greatest message we can send to anyone who would even think about hurting a child in this way,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI won’t tolerate it, and we will continue to make predators like Castaneda a priority in our mission to uphold the Constitution and protect our citizens.”

According to U.S. Attorney Pak, the charges and other information presented in court: In early April 2015, an FBI agent acting in an undercover capacity posted an ad on Craigslist in which he portrayed himself as a mother in search of a “teacher” for her nine-year-old daughter. Craig Alan Castaneda responded to the ad the next day and described his previous experience in molesting children, including a child as young as four-years-old. He also said that  had been “grooming” (that is, preparing) another child to be molested but that the family had moved away a few months earlier.

Castaneda continued to communicate with the undercover agent for the next several weeks, and he made plans to travel from San Diego to Atlanta. In one of his final communications with the undercover agent before boarding the plane, he instructed the mother to have sex toys and lubricant available. When he stepped off the plane at Hartsfield-Jackson Atlanta Airport on May 2, 2015, he was met by FBI agents and was taken into custody.

Later, friends staying at Castaneda’s apartment in California found that his computers contained suspected child pornography. The FBI searched the computers and found that he had hundreds of videos and images of children being sexually abused. They also found evidence that he paid minors to send him pornographic videos over Skype.  Castaneda’s search history reflected that he had been searching Craigslist ads in eight states as well as Mexico for similar offers of sexual contact with children.

Craig Alan Castaneda, 40, of Imperial Beach, California, was sentenced by U.S. District Judge Eleanor L. Ross to 35 years in prison to be followed by 10 years of supervised release. He will also be required to register as a sex offender when he is released from prison. Castaneda was convicted on these charges at trial on December 12, 2018.

This case was investigated by the Federal Bureau of Investigation.

Assistant U.S. Attorneys Nicholas Hartigan and Paul R. Jones prosecuted the case.

This case was brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Jun Ying, the former Chief Information Officer of Equifax U.S. Information Solutions, has been sentenced to federal prison for insider trading.

“Ying thought of his own financial gain before the millions of people exposed in this data breach even knew they were victims,” said U.S. Attorney Byung J. “BJay” Pak.  “He abused the trust placed in him and the senior position he held to profit from inside information.”  

“If company insiders don’t follow the rules that govern all investors, they will face the consequences for their actions. Otherwise the public’s trust in the stock market will erode,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI will do everything in its power to stop anyone who takes unfair advantage of their insider knowledge.”

According to U.S. Attorney Pak, the charges and other information presented in court: Equifax Inc. is a consumer credit reporting agency headquartered in Atlanta, Georgia.  During the summer of 2017, Equifax was the victim of a data breach, where hackers acquired names, Social Security numbers, birth dates, and addresses of over 145 million Americans.  At the time, Jun Ying was the Chief Information Officer of Equifax U.S. Information Solutions.  In that role, he was provided sensitive information that led him to conclude that Equifax was the victim of the data breach before it was made public.

On Friday, August 25, 2017, Ying texted a co-worker that the breach they were working on “sounds bad.  We may be the one breached.”  The following Monday, Ying conducted web searches on the impact of Experian's 2015 data breach on its stock price.  Later that morning, Ying exercised all of his stock options, resulting in him receiving 6,815 shares of Equifax stock, which he then sold.  He received proceeds of over $950,000, and realized a gain of over $480,000, thereby avoiding a loss of over $117,000.  On September 7, 2017, Equifax publicly announced its data breach, which resulted in its stock price falling.

Jun Ying, 44, of Atlanta, Georgia, was sentenced to four months in prison to be followed by one year of supervised release, ordered to pay restitution in the amount of $117,117.61, and fined $55,000.  Ying was convicted on these charges on March 7, 2019, after he pleaded guilty.

Ying is the second Equifax employee found guilty of insider trading relating to the data breach, following Sudhakar Reddy Bonthu, a former manager at Equifax, who pleaded guilty on July 23, 2018.

This case was investigated by the Federal Bureau of Investigation.  The U.S. Securities and Exchange Commission contributed to the case.

Assistant U.S. Attorney Christopher J. Huber, Deputy Chief of the Complex Frauds Section, and former Assistant U.S. Attorney Lynsey M. Barron prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Carlos Conde has been sentenced for violating the Clean Water Act by instructing employees at the Apollo Industries chemical processing plant in Smyrna, Georgia, to wash carburetor fluid into a tributary of the Chattahoochee River.

“We must ensure that citizens can continue to enjoy the beautiful natural resources we have here in Georgia like the Chattahoochee,” said U.S. Attorney Byung J. “BJay” Pak.  “Protecting those resources, and the environment, is part of our mission.  We take this responsibility seriously, and we will prosecute those who have no respect for the laws that preserve them for all to use and enjoy.”

“The defendant in this case intentionally contaminated a tributary of the Chattahoochee River, killing fish and damaging the environment,” said Special Agent in Charge Andy Castro of EPA’s Criminal Investigation Division.  “This sentencing demonstrates that EPA and its law enforcement partners are committed to protecting our natural resources and the communities that rely upon them.”

According to U.S. Attorney Pak, the charges and other information presented in court: on the evening of August 12, 2016, a batching tank at the Apollo Industries chemical mixing facility in Smyrna, Georgia, began leaking a carburetor cleaner containing naphalene, a toxic and hazardous chemical.  The following morning, two workers discovered the spill and called Carlos Conde, the plant manager. 

Conde arrived at the plant and instructed the employees to wash the chemical away with water from multiple hoses.  The chemical was washed into a tributary of Nickajack Creek and the Chattahoochee River.  Conde then twice denied his role in interviews with a Special Agent of the U.S. Environmental Protection Agency.  The carburetor cleaner turned the water milky white and opaque and killed the wildlife in the creek, including fish and frogs.

Carlos Conde, 37, of Smyrna, Georgia, was sentenced by Chief U.S. District Judge Thomas W. Thrash, Jr., to 12 months’ probation with the first four months to be served as home detention, a $2000 fine, and a $100 special assessment.  Conde was convicted on these charges on January 24, 2019, after he pleaded guilty.

This case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division.

Assistant U.S. Attorney Christopher J. Huber, Deputy Chief of the Complex Frauds Section, prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Sandra J. Stevens, f/k/a Sandra J. Putnam, has been sentenced for making more than 325 personal charges totaling over $60,000 on government credit cards when she was a high-ranking member of the Georgia Bureau of Investigation (“GBI”).

“No member of law enforcement is above the law,” said U.S. Attorney Byung J. “BJay” Pak.  “Stevens traded the years of distinguished service and trust that she built as an agent for personal gain.  Citizens must have confidence in the integrity of those entrusted with law enforcement power.”

“It is imperative sworn officers obey the law while they enforce the law. This sentence sends a clear message that public corruption will not be tolerated and the violators, no matter who they are, will be held accountable,” said Vic Reynolds, Director, Georgia Bureau of Investigation.

According to U.S. Attorney Pak, the indictment, and other information presented in court: the GBI is a statewide agency that provides assistance to the criminal justice system in the areas of criminal investigations, forensic laboratory services, and computerized criminal justice information.

In October 1994, Stevens joined the GBI as an Intelligence Technician.  On June 3, 1999, after becoming a Special Agent, Stevens took an oath of office to support and defend the Constitutions of the United States and the State of Georgia; to maintain public trust and abide by the GBI’s Code of Ethics; and to obey the laws of the land and the regulations of the GBI. 

As a Special Agent with the GBI, Stevens held several prestigious and high-ranking leadership positions, including being the Special Agent in Charge of the Child Exploitation and Computer Crimes Unit, where she supervised approximately 25 GBI employees; and an Inspector of the Investigative Division, where Stevens supervised approximately 55 GBI employees. As the Inspector of the Investigative Division, Stevens earned more than $100,000 per year.

As a state agency, the GBI participates in Georgia’s Visa Purchasing Card (“P-Card”) Program.  P-Cards are credit cards provided to Georgia employees for official business purchases, such as supplies, materials, equipment, and services for official use. State policy expressly prohibits using P-Card for personal purchases.  P-Card users are required to reconcile all purchases by electronically uploading receipts for each P-Card transaction.

In 1998, the GBI issued Stevens a P-Card for business-related purchases and expenses. As P-Card holder, Stevens signed an agreement stating that “under no circumstances will [she] use the Purchasing Card to make personal purchases, either for [her]self or for others.”

Nevertheless, from approximately May 9, 2013 to August 17, 2016, Stevens used her P-Card and the P-Cards of other GBI employees to make more than 325 unauthorized purchases of goods and services for her personal benefit or the personal benefit of others, including: a seven-piece dining set for $562.99, a corn hole game set for $229.99, two chaise lounge chairs for $399.99, and a 65-inch ultra HD smart television for $1597.99.

Stevens also submitted altered receipts to the GBI in which she changed the description of the items purchased, the addresses to which the items were shipped, or both the item description and the shipping address. For example, on May 27, 2016, Stevens used another GBI employee’s P-Card to order a $930.12 sofa from Amazon.com that was delivered to her home in Covington, Georgia. Subsequently, Stevens submitted a false receipt to the GBI in which she misrepresented the item description as 12 anti-spyware software discs, rather than a sofa, and misrepresented the shipping address as the GBI’s Headquarters in Decatur, Georgia, rather than her home address.

In total, the GBI paid over $60,000 for more than 325 unauthorized purchases made by Stevens on at least six GBI P-Cards. As a result of Stevens’s scheme to defraud, federal money from the U.S. Department of Justice and U.S. Department of Homeland Security grants was impacted.

Sandra J. Stevens, 46, of Covington, Georgia, was sentenced by U.S. District Judge Steve C. Jones to one year and one day in prison to be followed by two years of supervised release.  Stevens was convicted on January 3, 2019, after she pleaded guilty to mail fraud.  

This case was investigated by the Georgia Bureau of Investigation, with assistance from the U.S. Postal Inspection Service.

Assistant U.S. Attorneys Jeffrey W. Davis, Chief of the Public Integrity and Special Matters Section, and Jolee Porter prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Hugo Solano-Garcia has been sentenced for conspiring to possess with intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime. Solano-Garcia was a manager in a sophisticated methamphetamine trafficking operation that sought to distribute more than $1 million worth of drugs in DeKalb and Gwinnett Counties.

“This elaborate ring profited from pumping poison in the form of high-grade methamphetamine into our community,” said U.S. Attorney Byung J. “BJay” Pak.  “When agents took down their operation, it was discovered that the traffickers had used weapons to protect their clandestine labs.  All but one of the defendants in this case, including Solano-Garcia, were in this country illegally.  In the end, the payout for each of them is a long federal prison sentence and then deportation.”  

Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division stated, “Drug dealing breeds violence and the traffickers who engage in this dangerous lifestyle often protect their ill-gotten gains with dangerous weapons, as was the case in this investigation. DEA, the entire law enforcement community and the U.S. Attorney’s Office are committed to making the citizens of metropolitan Atlanta and elsewhere safer by removing dangerous criminals form their neighborhoods.”

According to U.S. Attorney Pak, the charges, and other information presented in court: Beginning in July 2017, agents with the DEA and the Atlanta-Carolina High Intensity Drug Trafficking Area Program began investigating Solano-Garcia and his associates for trafficking methamphetamine that had been smuggled from Mexico into the Atlanta area.

Over the course of the investigation, federal and local law enforcement agents uncovered a series of stash houses and methamphetamine conversion laboratories in DeKalb and Gwinnett Counties where the defendants would convert liquid methamphetamine into crystal methamphetamine for distribution, sometimes hiding the illicit drugs in hollowed-out fire extinguishers and car batteries. The defendants barricaded some of these conversion laboratories and guarded them with guns.

Agents raided one conversion laboratory in Brookhaven, Georgia, on January 30, 2018, where they found approximately 130 pounds of methamphetamine in crystal and liquid form and three firearms, including an AR-15-style rifle. This is believed to be one of the largest methamphetamine seizures in the history of the City of Brookhaven.

Hugo Solano-Garcia, a/k/a Gordo, 31, of Michoacán, Mexico, was sentenced by U.S. District Judge Leigh Martin May to 20 years in federal prison, and he will be deported subsequent to completing his term of incarceration.    

In total, nine other defendants were indicted in this conspiracy in addition to Solano-Garcia, and eight have been sentenced, including:

• Gerardo Calderon-Pacheco, a/k/a Plebe, age 22, who pleaded guilty and was sentenced on March 15, 2019 to 12 years in federal prison for conspiring to possess with intent to distribute more than 500 grams of methamphetamine;
• Valentin Solano-Salas, age 22, who pleaded guilty and was sentenced on March 10, 2019 to 15 years in federal prison for conspiring to possess with intent to distribute more than 500 grams of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime;
• Juan Confesor Camilo, a/k/a Jean Carlos Camilo, a/k/a Tigre, age 38, who pleaded guilty and was sentenced on March 19, 2019 to four years and three months in federal prison for conspiring to possess with intent to distribute more than 500 grams of methamphetamine;
• Aldrin Barajas-Ramirez, age 44, who pleaded guilty and was sentenced on April 11, 2019 to 15 years in federal prison for conspiring to possess with intent to distribute more than 500 grams of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime;
• Miguel Pacheco-Penaloza, age 20, who pleaded guilty and was sentenced on May 3, 2019 to 9 years in federal prison for conspiring to possess with intent to distribute more than 500 grams of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime;
• Octavio Pacheco-Torres, a/k/a Burro, age 26, who pleaded guilty and was sentenced on December 10, 2018 to 10 years in federal prison for conspiring to possess with intent to distribute more than 500 grams of methamphetamine;
• Sair Calderon-Pacheco, age 20, who pleaded guilty and was sentenced on February 6, 2019 to 5 years and 10 months in federal prison for conspiring to possess with intent to distribute more than 500 grams of methamphetamine; and

Joaquin Reyes-Guillen, a/k/a Aviel Cabrera-Hernandez, age 35, who pleaded guilty and was sentenced on December 11, 2019 to five years and three months in federal prison for conspiring to possess with intent to distribute more than 500 grams of methamphetamine.
 
This case was investigated by the Drug Enforcement Administration, the Atlanta-Carolina High Intensity Drug Trafficking Area Program, and the following agencies: U.S. Immigration and Customs Enforcement, U.S. Department of State, DeKalb County High Intensity Drug Trafficking Area Unit, Georgia State Patrol, Gwinnett County Police Department, and Franklin County Sheriff’s Department.
 
Special Assistant U.S. Attorneys Nicholas N. Joy and Erin H. Harris prosecuted the case.
 
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
 
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Sean Kelly has been sentenced to federal prison for wire fraud and securities fraud after pleading guilty to stealing over $1.4 million from his clients.

“Kelly never intended to fulfill his fiduciary responsibility to his clients, which included elderly citizens and veterans,” said U.S. Attorney Byung J. “BJay” Pak.  “As thieves like Kelly continue to try avoiding detection and covering their fraudulent methods, we will continue to catch them and prosecute them. We encourage people to thoroughly check out anyone that promises to shepherd their investments.”

“While it is easy to dismiss financial fraud cases as being almost benign because of their lack of violence, there is, however, a very real victimization felt and lives are changed forever,” said Chris Hacker, Special Agent in Charge of FBI Atlanta.  “The FBI is hopeful that Kelly’s sentence will send a strong message to anyone who would try to take advantage of unsuspecting clients for their own personal greed.”

According to U.S. Attorney Pak, the charges and other information presented in court: For almost five years, from January 2014 through October 2018, defendant Sean Kelly defrauded his investor clients.  Kelly was a stockbroker and investment adviser who purported to provide tax planning, insurance brokering, and other financial services to his clients.  Kelly advised his victims to invest in various ways, including through private placements, annuities, investments funds, and real estate investment trusts. 

Despite the claimed investments, Kelly instead took his victims’ money and used it for personal expenses, to include mortgage payments, Super Bowl tickets, vacations, and significant cash withdrawals.  Ultimately, he stole over $1.4 million from more than 18 clients.  In October 2018, closely following the filing of a lawsuit by the U.S. Securities and Exchange Commission, the FBI obtained a warrant based on Kelly’s fraud and arrested him.  At his sentencing, the Court found that Kelly’s fraud injured vulnerable victims, including the elderly and veterans.

Sean Kelly, 50, of Marietta, Georgia, was sentenced to five in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $1,457,043.99.  Kelly was convicted on these charges on January 4, 2019, after he pleaded guilty.

This case was investigated by the Federal Bureau of Investigation.  The U.S. Securities and Exchange Commission contributed to this case.

Assistant U.S. Attorney Christopher J. Huber, Deputy Chief of the Complex Frauds Section, prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Patrick Jerome Mouton has been sentenced for nine metro-Atlanta bank robberies.  During the robberies, Mouton would approach tellers and give them a threatening note that demanded cash.

“Whether by firearm or threatening note, bank robberies strike fear in the hearts of bank employees and customers,” said U.S. Attorney Byung J. “BJay” Pak.  “Citizens trying to do their jobs or conduct their banking business deserve to feel safe in their communities.  Thankfully law-enforcement partners worked tirelessly to end this series of robberies.”   

“Mouton’s conviction was made possible by a collaborative effort with our law enforcement partners in Atlanta, Alpharetta, Sandy Springs and Cobb County,” said Special Agent in Charge Chris Hacker of the FBI Atlanta field office. “To anyone thinking about robbing a bank, the message from this sentence is clear. You will get caught, and when you do, you will serve a significant amount of time in prison.”

“I’m tremendously proud of our detectives and the work they put in to help solve this case. This demonstrates the importance of having such a close working relationship with our surrounding law enforcement partners.” Chief John Robison, Alpharetta Department of Public Safety.

“Getting a prison sentence for this bank robber shows what good can result when law enforcement agencies work together,” said Atlanta Police Chief Erika Shields. “We are grateful the U.S. Attorney’s Office has shown its commitment to getting serious offenders off of our streets and in prison, where they belong. Their office continues to do exceptional work.”

“We are proud of the partnerships we have established with local, state, and federal law enforcement agencies.  We will relentlessly pursue suspects across multiple jurisdiction’s boundaries until we bring the lawless to justice,” said Chief Ken DeSimone of the Sandy Springs Police Department.

“The Cobb County Police Department is proud to be part of the interagency cooperation in this case. It is imperative law enforcement agencies continue to share information in cases like this in order to bring to justice those who prey upon the public regardless of jurisdictional lines,” said Chief Tim Cox of the Cobb County Police Department.

According to U.S. Attorney Pak, the charges and other information presented in court: From September 2017 until February 2018, metro-Atlanta banks experienced a startling series of bank robberies.   During the robberies, the robber approached the teller and passed a note that demanded cash and threatened harm.  On February 2, 2018, Patrick Mouton was arrested after robbing a Regions Bank branch in Atlanta. FBI reviewed surveillance video from numerous robberies and determined that Mouton had robbed seven other banks.  In fact, he was captured after robbing a Regions Bank branch for the second time.  Alpharetta Police Department detectives utilized information from the Sandy Springs Police Department to locate Mouton’s would-be getaway car and FBI found notes he used in other robberies and items identified in the surveillance videos.

Patrick Jerome Mouton, 47, of Atlanta, Georgia, has been sentenced by U.S. District Court Judge Eleanor L. Ross to five years, ten months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $15,734. Mouton was convicted on these charges on January 30, 2019, after he pleaded guilty.

This case was investigated by the Federal Bureau of Investigation, Alpharetta Police Department, Sandy Springs Police Department, Cobb County Police Department, and Atlanta Police Department.

Assistant U.S. Attorney Ryan K. Buchanan prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

GAINESVILLE, Ga. – Hector Escobedo-Reyna, a naturalized United States citizen, has pleaded guilty in federal court to the offense of transporting illegal aliens for financial gain.

“Human smugglers carry out their illegal activities seeking financial gain with little regard for human life and no respect for our laws,” said U.S. Attorney Byung J. “BJay” Pak. “Additionally, they endanger not only the people they smuggle, but innocent motorists, when an over-loaded vehicle like the one he was driving either has an accident or causes one.”

“Identifying and stopping criminal networks that engage in cross-border human smuggling as well as individuals who seek to illegally enter the U.S. is a priority focus for Homeland Security Investigations,” said HSI Atlanta Special Agent in Charge Nick S. Annan. “These criminal organizations have no regard for the well-being of the people they attempt to smuggle, who are often put at great risk during an attempt to illegally enter the U.S., and HSI will continue to work collaboratively with our federal, state and local partners to investigate and prosecute such activity.”

“As an assisting agency, the Georgia State Patrol takes pride in being a part of any investigation in which criminals are removed from our roadways.  It is a reminder that what some may call a ‘routine’ traffic stop, often leads to more than a traffic citation,” said SFC Stephanie Stallings, Director of Public Information for the Georgia State Patrol.

According to U.S. Attorney Pak, the charge, and other information presented in court: on December 28, 2018, a Trooper from the Georgia State Patrol (GSP) performed a routine traffic stop of a 2004 Chevrolet Suburban on Interstate 85 in Jackson County, Georgia. The vehicle, driven by Hector Escobedo-Reyna, contained ten undocumented individuals, including a minor. Homeland Security Investigations special agents from the Atlanta Field Office responded to the scene to assist the GSP.

Investigators discovered that Escobedo-Reyna had transported the passengers to Atlanta after the group had crossed the United States border with Mexico and traveled through Houston, Texas. Escobedo-Reyna intended to transport and deliver his passengers to other cities along the east coast.

Hector Escobedo-Reyna, 62, of Houston, Texas, was indicted on February 6, 2019, for the offense of knowing, and recklessly disregarding the fact, that aliens had come to, entered, and remained in the United States in violation of law, and of transporting and moving the aliens within the United States by means of transportation and otherwise, for the purpose of financial gain. He pleaded guilty to this offense on May 9, 2019.

This case is being investigated by HSI-Atlanta and the Georgia State Patrol.

Assistant U.S. Attorney Ryan Buchanan and Special Assistant U.S. Attorney Greg Radics are prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Yadira Gomez-Gonzalez has been sentenced for conspiracy to possess with the intent to distribute methamphetamine. Gomez-Gonzalez is the last of three defendants whose drug ring was infiltrated by undercover DEA agents when they attempted to send nearly 14 kilograms of 100% pure methamphetamine from California to Georgia.

“This drug trafficking ring affected countless people with the methamphetamine they were sending across the country,” said U.S. Attorney Byung J. “BJay” Pak. “Thankfully our law enforcement partners penetrated this tight-knit group and have removed this poison from our streets.”

Robert J. Murphy, Special Agent in Charge of the Atlanta DEA office stated, “These individuals established a very lucrative methamphetamine smuggling operation in Atlanta that was crushed by the men and women of DEA. DEA along with its partners will continue to fight those predators who distribute poison in our community.

According to U.S. Attorney Pak, the charges and other information presented in court: DEA agents identified Gomez-Gonzalez and her husband, Fernando Herrera-Rojas, as drug smugglers looking for tractor-trailer drivers to haul drugs between Los Angeles, California and Atlanta, Georgia. An undercover agent, acting as a long-haul trucker, volunteered for the job and negotiated the terms of the transportation and payment with Gomez-Gonzalez and Herrera-Rojas.

After coordinating by phone with Gomez-Gonzalez and Herrera-Rojas, the undercover agent collected nearly 14 kilograms of 100% pure methamphetamine from Reynaldo Gonzalez-Arreola in Commerce, California. All three defendants were arrested after the undercover agent delivered the drugs to Gomez-Gonzalez and Herrera-Rojas in the Atlanta area. Agents also seized $23,890 and a firearm from Gonzalez-Arreola’s home in Los Angeles. Gomez-Gonzalez’s arrest thwarted a separate shipment of drugs she was attempting to coordinate from McAllen, Texas to the Atlanta area.

Members of the conspiracy who have been sentenced by U.S. District Judge Leigh Martin May are:

• Yadira Gomez-Gonzalez, 34, of Kennesaw, Georgia was sentenced to 14 years in prison to be followed by five years of supervised release. Gomez-Gonzalez was convicted on these charges on September 14, 2018, after she pleaded guilty.
• Fernando Herrera-Rojas, 35, of Kennesaw, Georgia, was sentenced to eight years in prison, to be followed by five years of supervised release. Herrera-Rojas pleaded guilty to conspiracy to possess with the intent to distribute methamphetamine on September 14, 2018, and was sentenced on March 29, 2019.
• Reynaldo Gonzalez-Arreola, 32, of Los Angeles, California, was sentenced to 14 years in prison, to be followed by five years of supervised release. Gonzalez-Arreola pleaded guilty to conspiracy to possess with the intent to distribute methamphetamine on January 3, 2019, and was sentenced on March 19, 2019.

All three defendants will be deported to Mexico following their sentence of imprisonment.

This prosecution was brought as a part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy.  OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations.  Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.

Assistant U.S. Attorney Nicholas Hartigan prosecuted the case.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – DeKalb County, Georgia has agreed to pay $750,000 to resolve allegations that the County and its agency WorkSource DeKalb violated the False Claims Act by misusing grant funds for the Department of Labor’s On-the-Job Training (“OJT”) program, the U.S. Attorney’s Office for the Northern District of Georgia announced today.

“Rather than using the funds to provide training for its citizens who needed it the most, DeKalb County used those funds to subsidize its own payroll,” said U.S. Attorney Byung J. “BJay” Pak.  “Public servants who have the fiduciary responsibility of managing federal grant programs should never forget that taxpayers trust them to use grant funds properly.  We will aggressively pursue all available remedies against individuals or entities that violate that trust.”

“This settlement resolves allegations that WorkSource DeKalb failed to ensure U.S. Department of Labor funds were used to benefit those who qualified for the Department's On-the-Job Training Programs. We will continue to investigate allegations of DOL grant fraud, especially when American workers may be deprived of training and employment opportunities,” said Rafiq Ahmad, Special Agent-in-Charge, Atlanta Region, U.S. Department of Labor Office of Inspector General.

The OJT program is funded by Department of Labor grant funds that are currently authorized by the Workforce Innovation and Opportunity Act (until July 2015, the Workforce Investment Act).  Grant funds are distributed initially to the State of Georgia, who then distributes the funds to local “One-Stop” operators such as WorkSource DeKalb.  The OJT program incentivizes employers to hire and train individuals who are either unemployed or employed but not earning self-sufficient wages by subsidizing the salaries for these employees.  OJT funds may be used only to reimburse employers for the extraordinary cost of training individuals for whom the One-Stop operator has identified skills gaps that prevent their obtaining employment.

The civil settlement resolves the United States’ claims that, between January 1, 2013 and December 18, 2016, DeKalb County falsely certified compliance with Department of Labor regulations related to OJT.  The government alleged that, contrary to these regulations, WorkSource DeKalb used OJT funds to subsidize the wages of County employees who were not eligible for the OJT program and who received no services from WorkSource DeKalb.  Specifically, the United States contends that WorkSource DeKalb required that individuals that were not eligible for the program sign OJT paperwork as part of the onboarding process after they were hired by numerous County agencies on the open job market.  For example, the County enrolled at least 42 firefighters in the OJT program who were hired as the most qualified applicants in a competitive application process.  These individuals had never heard of WorkSource DeKalb prior to being hired, received no services from WorkSource DeKalb, and did not qualify for the OJT program.  WorkSource DeKalb employees induced these newly hired firefighters to sign OJT paperwork by providing them free boots and gas cards, which were also paid for with Department of Labor grant funds. 

In addition to the Fire and Rescue Department, the civil settlement encompasses the County’s use of OJT funds for employees of the following agencies: GIS Department; Human Resources; Emergency 911; District Attorney’s Office; Board of Commissioners Clerk; Planning and Sustainability; Chamber of Commerce; Sanitation, Information Systems; Child Advocacy; and Voter Registration.  The settlement also resolves claims that WorkSource DeKalb enrolled ineligible employees with VetConnexx, a private employer.

The claims settled in the civil settlement are allegations only, and there has been no determination of liability.  As part of its settlement with the United States, DeKalb County has also entered into a Corrective Action Plan with the Department of Labor, in which the County will be subject to reporting and monitoring requirements related to its administration of the OJT Program. 

This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia and the U.S. Department of Labor, Office of Inspector General.

Assistant U.S. Attorney David A. O'Neal handled this matter for the U.S. Attorney’s Office.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – A federal jury has convicted five members of the Gangster Disciples (“GD”) national criminal organization of offenses including racketeering, conspiracy involving murder, carjacking, attempted robbery, and other crimes.

“The defendants in this case were each responsible for horrific violent crimes,” said U.S. Attorney Byung J. “BJay” Pak.  “It should give the community comfort to know that justice has been done and that each defendant faces a long prison sentence in a federal facility.  Gangs like this cannot hide behind a veil of performing community service while at the same time encouraging crimes such as murder and robbery.  We, along with our local law enforcement and district attorney partners, will continue to vigorously prosecute gangs and seek punishment for their leaders.”

“I would like to thank the FBI led Safe Streets Gang Task Force and its state and local partners, in particular in this case, the Atlanta Police Department and DeKalb County Police Department, for their efforts in making this case and making our streets safer,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The Gangster Disciples are a ruthless gang that has preyed upon the good people of our communities for far too long. We are dedicated to continue dismantling these organized and violent criminal enterprises until we reach our ultimate goal of ending their reign of terror.”

“This case is a great example of the value of interagency cooperation on a state and federal level. We are proud to stand with our Federal partners in an effort to dismantle dangerous gang operations plaguing our communities. We hope these convictions, along with the previous Gangster Disciple convictions in our local jurisdiction, send a strong and clear message that those who choose to engage in violent behavior will pay a price,” said DeKalb County District Attorney Sherry Boston.

According to U.S. Attorney Pak, the charges and other information presented in court: The Gangster Disciples are a national gang with roots in Chicago dating back to the 1970s.  The gang is highly structured, with a hierarchy of leadership posts known as “Positions of Authority” or “POAs.”  The gang strictly enforces rules for its members, the most important of which is “Silence and Secrecy” – a prohibition on cooperating with law enforcement.  Violations of the rule are punishable by death.

The evidence showed that the defendants and their fellow gang members used the gang’s structure to carry out a pattern of violent and serious crimes, including murder, attempted murder, robbery, bank and wire fraud, drug trafficking and extortion.  The jury heard testimony and other evidence about twelve victims murdered by Gangster Disciples and another twelve non-fatally shot.

Included in those murders was the killing of a man as he and his family walked home from a convenience store, leaving the man shot and dying in front of a 4-year-old child.  The jury also saw surveillance footage from a shooting inside a Macon nightclub that left three people dead and another three injured.  The jury also heard from a victim who was shot more than a dozen times because he refused to take part in a Gangster Disciples’ sponsored community clean-up. 

Evidence of other crimes included a recording that captured a gang meeting where members planned to rob over $80,000 from another fraudster and recorded phone calls where defendants planned and then committed a carjacking.

Among the defendants convicted, three were Gangster Disciples with high-level state leadership positions.  The evidence at trial showed that Alonzo Walton was the “Governor,” or highest-ranking Gangster Disciple in the State of Georgia, overseeing the entire state.  Kevin Clayton was the “Chief Enforcer” for the state, responsible for violently maintaining discipline among members.  The state’s enforcement structure included a specialized team known as the “Hate Committee,” led by Donald Glass and responsible for carrying out shootings, robberies and murders.

Also convicted was Vancito Gumbs, a former DeKalb County police officer who was a Gangster Disciple member and self-professed “hitman” for the gang while serving as an officer.  Evidence showed that Gumbs relayed law enforcement information to the gang and provided guns.  The jury also convicted Antarious Caldwell, who took part in murders and robberies as a member of the “Hate Committee.”  One defendant, Perry Green, was acquitted on of the single charge against him.

The defendants convicted in this case were found guilty of the following charges:

• Alonzo Walton, 51, of Atlanta, Georgia, was convicted of racketeering conspiracy involving murder, carjacking, and brandishing a firearm during and relation to a crime of violence.
• Kevin Clayton, 47, of Stone Mountain, Georgia, was convicted of racketeering conspiracy involving murder.
• Donald Glass, 31, of Decatur, was convicted of racketeering conspiracy involving murder, discharging a firearm during and in relation to a crime of violence, and causing death through the use of a firearm.
• Vancito Gumbs, 27, of Stone Mountain, Georgia, was convicted racketeering conspiracy involving murder.
• Antarious Caldwell, 25, of Ellenwood, Georgia was convicted racketeering conspiracy involving murder.

Previously, 18 defendants pleaded guilty, and there are 15 defendants presently awaiting trial in this case. 

This case was investigated by the FBI Safe Streets Task Force, DeKalb Police Department, DeKalb District Attorney’s Office, and Atlanta Police Department. 

Assistant U.S Attorneys Kim S. Dammers, Chief of the Organized Crime and Gangs section, Ryan K. Buchanan, Deputy Chief of the Violent Crime and National Security section, and Erin N. Spritzer of the Northern District of Georgia, and Department of Justice Trial Attorney Conor Mulroe of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Carlos Montemayor, the head of the U.S. arm of the cocaine transportation and distribution network of Edgar Valdez-Villareal, a/k/a La Barbie, has been sentenced to federal prison on charges of cocaine trafficking and money laundering.

“Montemayor came to the United States from Mexico and used his skills, hard work, and the opportunities afforded in this country to build a successful trucking company from the ground up,” said U.S. Attorney Byung J. “BJay” Pak.  “However, he was ultimately driven by greed and partnered with Edgar Valdez-Villareal to convert his trucking company into a transportation arm for the Sinaloa and Beltran-Leyva cartels, shipping tons of cocaine and drug money across the United States.”

Robert J. Murphy, the Special Agent in Charge of the Drug Enforcement Administration in Atlanta commented, “Today’s sentencing of Carlos Montemayor is a victory for the citizens of this country. This defendant’s decision to hide behind the veil of his once legitimate trucking company led to a twist of fate driven by greed. Because of the united front between DEA, the United States Attorney’s Office, its federal, state, local, and foreign partners, the citizens of this country can feel safer.”  

According to U.S. Attorney Pak, the charges and other information presented in court:  Beginning in 1992, Montemayor established and built a successful trucking and logistics company in Laredo, Texas, that specialized in moving goods across the border from Nuevo Laredo, Mexico, and then into and across the United States. 

In 2002, however, he partnered with Edgar Valdez-Villareal, the infamous and ruthless enforcer for the Sinaloa and Beltran-Leyva cartels.  Valdez, who would ultimately become the highest ranking American-born member of a Mexican drug cartel, needed help moving his cocaine from Mexico to customers in the United States.  Montemayor’s transportation network fit the need exactly. 

Using his logistics skills, trucks, and distribution hubs, Montemayor was soon moving up to 300 kilograms of cocaine per week to stash houses in Atlanta, Memphis, Tennessee, and other cities in the United States.  He then used his trucks to smuggle proceeds from the drugs sales back to Mexico – in shipments that carried no less than $1 million cash per load.  Montemayor’s transportation network was particularly regimented, disciplined, and efficient, with Montemayor and his lieutenants exercising tight control over the workers and all aspects of the drug trade. 

The entire drug trafficking network was pierced by DEA agents who began wiretapping phones used by Montemayor’s workers at a distribution hub in Atlanta.  Methodically unraveling the network of conspirators, seizing hundreds of kilograms of cocaine and millions of dollars of cash at a time, agents followed the chain of command of the organization to identify Montemayor, ultimately intercepting the calls in which he tightly controlled activities from Mexico.  Agents then went even further to identify Montemayor’s partner and cocaine supplier: Valdez.  Both Valdez and Montemayor were arrested in Mexico in 2010, and extradited to face trial in the United States in 2015. 

Carlos Montemayor, a/k/a The Director, a/k/a Licenciado, a/k/a Fox, 47, of Tamaulipas, Mexico, was sentenced to 34 years, three months in prison to be followed by 10 years of supervised release by U.S. District Judge Leigh Martin May.  Montemayor pleaded guilty to conspiracy to import cocaine, conspiracy to distribute cocaine, possession with intent to distribute cocaine, and conspiracy to launder money on November 14, 2018.

Members of the drug trafficking operation previously sentenced in the U.S. Court for the Northern District of Georgia are:

• Edgar Valdez-Villareal, a/k/a La Barbie, of Laredo, Texas, was sentenced to 49 years and one month in prison to be followed by 10 years of supervised release, and ordered to forfeit the sum of $192,000,000.  Valdez-Villareal pleaded guilty to conspiracy to import cocaine, conspiracy to distribute cocaine, and conspiracy to launder money on January 6, 2016, and was sentenced on June 6, 2018.
• Ruben Hernandez, a/k/a Super, a/k/a Secre, was sentenced to 22 years, four months in prison to be followed by five years of supervised release.  Hernandez pleaded guilty to conspiracy to distribute cocaine and conspiracy to launder money on January 29, 2013, and was sentenced on October 15, 2013.
• Juan Montemayor, a/k/a Vice, a/k/a Johnny-5, was sentenced to 21 years, 10 months in prison to be followed by five years of supervised release.  Juan Montemayor pleaded guilty to conspiracy to import cocaine and conspiracy to distribute cocaine on July 16, 2013, and was sentenced on October 15, 2013.
• Jesus Ramos, a/k/a C-1, was sentenced to eight years, four months in prison to be followed by five years of supervised release.  Ramos pleaded guilty to conspiracy to distribute cocaine on June 18, 2010, and was sentenced on January 21, 2011.
• Jesus Hector Flores, a/k/a Cain, was sentenced to 38 years, four months in prison to be followed by 10 years of supervised release.  Flores was convicted by a jury of conspiracy to distribute cocaine and ecstasy, possession with intent to distribute cocaine, and possession of firearms in furtherance of a drug trafficking crime on January 11, 2008, and was sentenced on May 9, 2008.
• Romero Roel Martinez, a/k/a Cache, a/k/a Cuchillo, was sentenced to 26 years, 10 months in prison to be followed by five years of supervised release.  Martinez pleaded guilty to conspiracy to distribute cocaine and possessing firearms in furtherance of a drug trafficking crime on April 20, 2007, and was sentenced on May 8, 2008.
• Luis Fernando Trevino, a/k/a Chile, was sentenced to 14 years, nine months in prison to be followed by five years of supervised release.  Trevino pleaded guilty to conspiracy to distribute cocaine and possessing firearms in furtherance of a drug trafficking crime on March 14, 2007, and was sentenced on June 17, 2008.
• Joe Louis Lopez, a/k/a Jolly, was sentenced to 29 years, four months in prison to be followed by 10 years of supervised release.  Lopez was convicted by a jury of conspiracy to distribute cocaine, possession with intent to distribute cocaine, and brandishing a firearm in furtherance of a drug trafficking crime on January 11, 2008, and was sentenced on May 7, 2008.
• Roberto Garcia, a/k/a Gordo, a/k/a Mike Jones, was sentenced to 14 years, nine months in prison to be followed by five years of supervised release.  Garcia pleaded guilty to conspiracy to distribute cocaine and possessing firearms in furtherance of a drug trafficking crime on April 20, 2007, and was sentenced on May 28, 2008.

Florentino Villanueva-Castillo, a/k/a Tejano, was sentenced to 11 years in prison to be followed by five years of supervised release.  Villanuevo-Castillo pleaded guilty to conspiracy to distribute cocaine on January 7, 2008, and was sentenced on May 28, 2008.

This case was investigated by the Drug Enforcement Administration.

Former U.S. Attorney John Horn, Assistant U.S. Attorney Elizabeth M. Hathaway – Chief of the Narcotics and Dangerous Drugs Section, and Assistant U.S. Attorney Garrett L. Bradford – Deputy Chief of the Narcotics and Dangerous Drugs Section prosecuted the case.  The Department of Justice’s Office of International Affairs provided assistance with this case.

This prosecution was brought as a part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy.  OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations.  Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
 
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Georgia Insurance Commissioner Jim C. Beck has been indicted by a federal grand jury on charges of wire fraud, mail fraud and money laundering.  The 38-count indictment alleges that Beck stole more than $2,000,000 from his former employer, the Georgia Underwriting Association, during the five years just prior to Beck’s election to statewide office in November, 2018.

“The grand jury seeks to hold Commissioner Beck accountable for taking advantage of his position at the Georgia Underwriting Association.  Beck allegedly pocketed a substantial amount of money to which he was not entitled while he was the GUA General Manager for Operations,” said U.S. Attorney Byung J. “BJay” Pak.  “To be clear, the grand jury has charged Commissioner Beck with crimes that occurred before he was elected to his current public office.”

“The FBI investigation found that Beck abused the trust of friends and his employer (GUA), in an elaborate scheme to enrich himself at GUA’s expense,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The indictment is a testament to the fact that the FBI will expend all resources necessary to hold those who seek to enrich themselves through fraud and deceit, accountable for their actions.”

According to U.S. Attorney Pak and the indictment:  From January 2012 until Beck was sworn in as Insurance Commissioner on January 14, 2019, Beck worked as the General Manager of Operations for the Georgia Underwriting Association (GUA) after being elected to that post by the GUA board of directors.  GUA, located in Suwanee, Georgia, is an insurance association created as part of the Georgia Fair Access to Insurance Requirements (FAIR) law to provide high-risk property insurance to homeowners located throughout Georgia.  In addition to premiums collected from its customers, GUA is also funded by issuing assessments to the association members, which include every insurer authorized to write any form of property insurance in the State of Georgia.

While Beck served as General Manager at GUA, he also maintained controlling financial interests in two businesses known as Creative Consultants and the Georgia Christian Coalition.  Beginning in 2013, Beck allegedly talked four associates into forming four separate businesses which supposedly supplied necessary services including residential property inspections and water damage mitigation to GUA.  These new businesses are identified in the indictment as Companies A, B, C, and D. 

Then, through an elaborate system of fraudulent invoicing which included producing false documentation and concealing the truth from his four associates, Beck regularly approved substantial GUA payments to the four new companies.  Beck then allegedly sent fraudulent invoices from Creative Consultants and the GA Christian Coalition to Companies A, B, C, and D.  At Beck’s direction, his four associates paid the fraudulent invoices from a portion of the money they had been paid by GUA.  All told, between February 2013 and August 2018, Beck defrauded GUA out of more than $2,000,000.  

Jim C. Beck, 57, of Carrollton, Georgia, was indicted on May 14, 2019.  Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the Federal Bureau of Investigation.

U.S. Attorney Pak and Assistant U.S. Attorney Brent Alan Gray, Deputy Chief of the Public Integrity and Special Matters Section, are prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA – Dr. Arnita Avery-Kelly, a licensed podiatrist, has been found guilty on federal charges of illegally prescribing opioid painkillers and other drugs at clinic locations purporting to provide podiatric care in Sandy Springs, and Lithonia, Georgia.

“Avery-Kelly took an oath and was trusted to provide appropriate podiatric care to her patients,” said U.S. Attorney Byung J. “BJay” Pak.  “Instead, with the assistance of her office manager, she prescribed addictive opioids without any legitimate medical need, turning her prescription pad into an ATM.  Her behavior fed into the continuing problem of addiction to powerful prescription opioids, which, unfortunately, continues to take a daily toll on many members of our community.”

Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division said of the case, “While in the midst of this country’s prescription opioid crisis, removing and ultimately eliminating physicians who recklessly overprescribe pharmaceutical pills (particularly prescribed opioids) for non-medical reasons, is an important part of DEA’s mission. This pill peddling Podiatrist distributed large quantities of opiate-based pills to scores of drug-seeking patients. She will no longer be able to commit such unlawful acts because of the hard work and dedication put forth by DEA, its federal, state and local law enforcement partners and the U.S. Attorney’s Office.” 

“Dr. Avery-Kelly DPM abused her position as a podiatrist and recklessly prescribed very powerful and addictive opioids without any regard for the devastating effects they would have,” said Derrick L. Jackson, Special Agent-in-Charge of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “HHS-OIG is committed to bringing to justice, those medical practitioners who would endanger our communities, taint their profession and abuse their ability to prescribe these drugs for profit.”

According to U.S. Attorney Pak, the charges and other information presented in court: Arnita Avery-Kelly was a licensed podiatrist, which means she was permitted to evaluate and treat the foot and leg. A nearly three-year federal investigation began when the Georgia Drug & Narcotics Agency (GDNA) agents contacted Dr. Avery-Kelly in November 2013, and again in February 2014, to discuss the high volume, high dosage prescriptions she had written for opioids. Despite GDNA’s warnings, as well as a subsequent inquiry by the Georgia Podiatry Board, Dr. Avery-Kelly, with the assistance of office manager Brenda Lewis, continued to prescribe large volumes of controlled substances without a legitimate medical need and outside the scope of podiatric practice.

After these visits, GDNA worked with the Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) to conduct the investigation, which culminated in this jury trial.

After being suspended from submitting claims through Medicare, Avery-Kelly began prescribing opioids and benzodiazepines to addicts and drug traffickers posing as patients at her podiatric clinics.  During the time her clinics were open, Avery-Kelly prescribed over 275,000 30mg oxycodone pills, along with 104,000 8mg hydromorphone  pills, and 300 fentanyl patches to patients who were either addicted to these substances or selling them on the streets.  The average price for a single Oxycodone 30mg pill was about $30 per pill. 

In April 2016, DEA and HHS agents executed a federal search warrant at Avery-Kelly’s office in Sandy Springs, effectively shutting down her clinics. At that time, Avery-Kelly also voluntarily surrendered her DEA registration, which permitted her to prescribe controlled substances.  After five days of hearing evidence and two days of deliberation, a jury found Avery-Kelly guilty of 27 counts of distributing these highly addictive opioids, without a legitimate medical purpose and outside the scope of professional practice.

Sentencing for Arnita Avery-Kelly, 56, of Sandy Springs, Georgia, is scheduled for July 24, 2019, at 10:00 a.m. before U.S. District Judge Eleanor L. Ross.  Avery-Kelly was indicted along with her officer manager, Brenda Lewis, on December 21, 2016.

This case is being investigated by the Drug Enforcement Administration and Department of Health and Human Services.

Assistant U.S. Attorneys Trevor Wilmot and Cassandra J. Schansman are prosecuting the case.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ROME, Ga. - Juan Antonio Perez has been indicted on charges that his construction company, Aztec Framing, which operated in northwest Georgia and eastern Tennessee, profited by employing illegal aliens and paying them below-market wages. He has also been charged with being an illegal alien in possession of 14 firearms.  Federal law prohibits illegal aliens from possessing firearms.

“Perez not only broke the law by allegedly hiring illegal aliens at below-market wages and paying no taxes, he had a large assortment of weapons including shotguns and pistols that he had acquired through various means other than buying them himself,” said U.S. Attorney Byung J. “BJay” Pak.  “Illegal aliens, such as Perez, are not allowed to own firearms at all.  We will get to the bottom of how he acquired them.”

“Individuals, like Mr. Perez, who flagrantly violate federal law to give themselves an unfair business advantage are cheating both law-abiding employers and employees exploited by these unfair and illegal labor practices,” said Special Agent in Charge of Homeland Security Investigations Atlanta Nick S. Annan. “This case is an illustration of serious threats to public safety on numerous levels.  Homeland Security Investigations will continue to focus not only on workers who violate federal law but also their employers.”

According to U.S. Attorney Pak, the indictment, and other information presented in court: Perez allegedly came to the United States illegally in 1992. He has lived in Bartow County, Georgia, and has operated Aztec Framing at least since 2009. Aztec Framing has offices in Cartersville and Rossville, Georgia, and Hixon, Tennessee. 

Perez allegedly employed illegal aliens at below-market rates, provided no benefits or insurance, and did not pay payroll taxes or Social Security.  Perez built his family a 7,500-square-foot house, bought other houses where he allowed some of his employees to live, and purchased more than 50 sports cars and heavily customized trucks. Yet, as of April 2019, the Georgia Department of Labor had no record of Perez reporting any income.  Perez was also known to collect firearms, and was found to have 14 in his home when agents searched it on April 30, 2019.

Juan Antonio Perez, 46, of Rydal, Georgia, was indicted by a federal grand jury on May 7, 2019.  He will be arraigned at 9:30 a.m. on Monday, May 13, 2019, before U.S. Magistrate Judge Walter E. Johnson. 

Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Bartow-Cartersville Drug Task Force, with assistance from the Federal Bureau of Investigation, U.S. Customs and Border Protection Air and Marine Operations, the Georgia Bureau of Investigation, the Cherokee Multi-Agency Narcotics Squad, and the Polk County Drug Task Force.

Assistant U.S. Attorney William Traynor is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

ATLANTA - Enrique Fuentes has been sentenced for possessing with the intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.  Fuentes is a member of the “18th Street” gang.

“This gang member, while on probation, sat outside of a restaurant in broad daylight with a gun as well as methamphetamine packaged for sale,” said U.S. Attorney Byung J. “BJay” Pak.  “Fuentes will be off our streets as a result of the outstanding efforts of the Chamblee Police Department and Homeland Security Investigations.  We are strategically and aggressively working to make our communities safer and this case is another example of the positive impact of Project Safe Neighborhoods.”

“HSI is committed to combatting transnational gang members who threaten public safety with criminal activities in our neighborhoods,” said Nick S. Annan, Special Agent in Charge of HSI Atlanta.  “Violent street gangs and their transnational contacts are a priority focus for HSI and this case illustrates the importance of collaborative relationships between HSI and local law enforcement across Georgia to keep our communities safe.”

“We are very appreciative of the outstanding partnership between state, local, and federal agencies which has proven to be effective in keeping our communities safe. In this case, it has taken a dangerous gang member and drug dealer off the streets. The successful prosecution of cases like this reduces crime and the fear of crime in our communities,” said Assistant Chief of Police Michael Beller, Chamblee Police Department.                                                   

According to U.S. Attorney Pak, the charges and other information presented in court:  On the morning of April 25, 2018, officers with the Chamblee Police Department were on patrol when they observed Fuentes and a female sitting in front of a restaurant.  One of the officers then witnessed him hand something to the female, so they approached and discovered that both Fuentes and the female had been smoking marijuana.  The officers then learned that Fuentes had an outstanding warrant for a probation violation.  

After Fuentes was secured, officers searched a brown paper bag next to him and found 11 smaller plastic baggies, each containing methamphetamine, which weighed a total of 289 grams.  In addition to the drugs, officers found inside of the bag a .38 caliber revolver and a small scale used for weighing narcotics for distribution and sale.  At the time he possessed these narcotics and firearm, Fuentes was on probation for a 2016 felony conviction.

Enrique Fuentes, a/k/a Grumpy, 32, of Chamblee, Georgia, was sentenced by U.S. District Judge Mark H. Cohen to eight years, eight months in prison to be followed by three years of supervised release.  Fuentes was convicted on these charges on February 7, 2019, after he pleaded guilty.

This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Chamblee Police Department.

Assistant U.S. Attorney Michael Herskowitz, Chief of the Cyber and Intellectual Property Crime Section, prosecuted the case.

This case was brought as part of Project Safe Neighborhoods (PSN).  In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.