FEDERAL DISTRICT ARCHIVE
Northern District of Georgia
Press releases recorded for this federal judicial district.
Three Defendants sentenced for stealing over $4.3 Million in U.S. Government FundsRead the Press Release
ATLANTA - Prentice L. Johnson, Renina Letricia Wortham, a/k/a Renina Simmons-Wortham, and Enobahkare Malik Peterson have each been sentenced to two years, four months in federal prison for theft of government funds associated with the theft of a multi-million dollar U.S. Treasury check.
“The defendants wrongly assumed no one would miss a multi-million dollar U.S. Treasury check that was not made out to them,” said U.S. Attorney John Horn. “Quick work by federal agents stopped their attempts to negotiate the check before the defendants were able to abscond with millions in taxpayer funds.”
“TIGTA and its law-enforcement partners will investigate individuals who attempt to steal the revenue generated by the American taxpayer, and will do everything within their power to ensure that those involved are prosecuted to the fullest extent of the law,” said Special Agent in Charge Ruben Florez of TIGTA’s Atlanta Field Division. “TIGTA would like to thank the U.S. Secret Service and IRS Criminal Investigations for their assistance in this case.”
“The United States Secret Service and our law enforcement partners will continue to take an aggressive approach to arrest individuals who violate their positions of trust in an attempt to illegally enrich themselves,” said Kenneth Cronin, Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. “This sentencing should be a warning to other like-minded criminals and their conspirators that stealing from the American people will not go unpunished.”
“Individuals who attempt to commit refund fraud and theft with this degree of dishonesty and deceit will face consequences for their actions,” stated James Dorsey, Acting Special Agent in Charge, Atlanta Field Office. “IRS Criminal Investigation will continue to do our part in protecting the sanctity and integrity of the tax system.”
“The collaborative investigative efforts prevented these criminals from further exploiting and causing considerable financial damage and inconvenience to the victim,” said David M. McGinnis, U.S. Postal Inspector in Charge of the Charlotte Division. “U.S. Postal Inspectors are charged with defending the nation’s mail system and will pursue those who insist on defrauding unwitting victims in furtherance of their deceptive schemes.”
According to U.S Attorney Horn, the charges and other information presented in court: Johnson, who worked as a payroll manager at a private company, stole a U.S. Treasury check in the amount of $4,368,869.30 that he found at his employer in late August 2016. The check was a refund check from the IRS, made out to Johnson’s employer. Shortly before stealing the check, Johnson became aware that his employer was laying him off. The employer had not notified Johnson of the layoff, but he saw that his upcoming paycheck contained payment for unused vacation time, which gave away the fact that he was about to lose his job.
After stealing the $4.3 million check, Johnson asked Wortham, who is his half-sister, to help him negotiate it. Wortham, in turn, recruited Peterson to help her negotiate the check. Because the check was so large, Peterson contacted two associates for assistance, rather than trying to negotiate it himself. At the time, Peterson had no idea that the associates, through counsel, were then engaged in negotiations with federal authorities to resolve unrelated federal criminal charges. In turn, counsel contacted federal law enforcement.
Federal agents confirmed with the U.S. Treasury that the check was genuine, and then acted quickly to stop payment on the check and prevent any losses to the U.S. Treasury. Agents also orchestrated a series of undercover operations in order to identify those responsible. The cooperators had identified Peterson to agents, but the identity of the person he recieved the check from was still a mystery.
In an interview with the CEO of the company that was the payee on the check, agents learned: 1) that Johnson was a recently terminated employee of the company; 2) that Johnson had learned of his impending layoff before the company notified him; and 3) that Johnson would have had physical access to the check.
On October 27, 2016, federal agents supervised the cooperators as they met with Peterson and Wortham at a restaurant. For security reasons, Wortham did not bring the check to the meeting. Wortham introduced herself as “Nina,” and explained that she worked as a chef at a catering business. Using this information in a series of public records searches, agents positively identified her as Wortham within a few minutes. Wortham told the cooperators that she had obtained the check from a family member, and that the cooperators, Wortham, and her family member would share the proceeds of the check. Wortham also claimed at the meeting that there were approximately 22 additional checks, with the $4.3 million check being the smallest. Later, in a confession made after her arrest, Wortham admitted that there was only one check, and that she made up the story about having 22 additional checks in order to give her coconspirators a reason not to steal from her.
The next day, on October 28, 2016, federal agents again supervised one of the cooperators as he met with Wortham at a coffee shop. Wortham explained that she felt good about the plan the cooperators had explained to her for cashing the check. Wortham handed over the check to the cooperator, who promised to “get the deal rolling,” and follow up with her after 7-10 days with debit cards for a new bank account with the funds from the check in it.
Based on Wortham’s claim that the check had come from a relative, agents performed intensive public record searches to identify her family members, taking special notice of any who had a connection with the company to which the check was made. Through analysis of public records, agents learned that Wortham and Johnson had both lived with and had close associations with the same woman, who later turned out to be their mother. Later, in her confession, Wortham confirmed that Johnson had been the relative she referred to in the undercover meeting, and that he was the source of the check.
On Friday, November 10, 2016, the cooperator had one last undercover meeting with Wortham, ostensibly to provide her with the checkbook and debit cards to the new account, which had purportedly been funded with the stolen IRS check. However, agents had already sworn out criminal complaints against, and obtained arrest warrants for, all 3 defendants. Wortham was arrested at the November 10, 2016 meeting, and Johnson and Peterson turned themselves in shortly thereafter, after learning of their warrants.
The three defendants were sentenced by U.S. District Judge Timothy H. Batten as follows:
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Prentice L. Johnson, 54, of Lawrenceville, Georgia, was sentenced to two years, four months in prison to be followed by 3 years of supervised release. Johnson pleaded guilty on January 30, 2017, pursuant to a plea agreement.
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Renina Letricia Wortham, a/k/a Renina Simmons-Wortham, 39, of Lithonia, Georgia was sentenced to two years, four months in prison to be followed by three years of supervised release. Wortham pleaded guilty on January 30, 2017, pursuant to a plea agreement.
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Enobahkare Malik Peterson, 41, of Atlanta, Georgia was sentenced to two years, four months in prison to be followed by three years of supervised release. Peterson pleaded guilty on January 26, 2017, pursuant to a plea agreement.
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Citizens who have information about stolen or fraudulently obtained federal funds are encouraged to report their tips to the Treasury Inspector General for Tax Administration hotline at (800) 366-4486, or online at .
This case was investigated by the U.S. Treasury Inspector General for Tax Administration, U.S. Secret Service, Internal Revenue Service Criminal Investigation, and U.S. Postal Inspection Service, with assistance from the United States Treasury, Office of Inspector General.
Assistant United States Attorney Alana R. Black 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
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Firearms Dealer, Store and Employees Indicted for Violations of Federal Firearms LawsRead the Press Release
ATLANTA - Dawn Anderson, a/k/a Prestige, Ashlie Onyedika, Shawn Lewis, and Distincvision, LLC, d/b/a Liquidation Outlet Center, have been arraigned on violations of federal firearms laws. Anderson and Distincvision, LLC, d/b/a Liquidation Outlet Center (“LOC”) have been charged with the failure of a federally licensed firearms dealer to keep proper records. Onyedika, Lewis, and LOC have been charged with selling firearms to a convicted felon.
“Anderson is charged with failing to keep proper records of firearm sales while clerks in her store sold guns to a convicted felon,” said U.S. Attorney John Horn. “Firearms dealers who disregard laws governing the sale of firearms violate their obligation to keep guns out of the hands of felons and present a threat to the safety of the community.”
“ATF’s mission and priority is to deny criminals access to firearms and protect the rights of law abiding citizens. Several employees of the Liquidation Outlet Center violated federal law by selling firearms to a convicted felon. ATF takes this crime very seriously, and the perpetrators will be prosecuted to the full extent of the law,” said Wayne Dixie, Special Agent in Charge Atlanta Field Division.
According to U.S. Attorney Horn, the charges, and other information presented in court: The indictment alleges that on June 30, 2016 and August 4, 2016, LOC clerks Ashlie Onyedika and Shawn Lewis knowingly sold two firearms to a convicted felon while they were working at LOC. On December 2, 2016, Dawn Anderson, the owner of LOC, allegedly sold a pistol to an individual without recording the actual buyer's name, age, and residence, as required by law.
Dawn Anderson, a/k/a Prestige, 50, Ashlie Onyedika, 25, Shawn Lewis, 45, and Distincvision, LLC, d/b/a Liquidation Outlet Center, all of Atlanta, Georgia, were arraigned by U.S. Magistrate Judges Linda T. Walker and Catherine M. Salinas. Anderson, Onyedika, Lewis, and LOC were indicted by a federal grand jury on May 9, 2017.
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 a defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorneys Katherine M. Hoffer and Jolee Porter 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 man sentenced to Federal Prison for unlawfully possessing a sawed-off shotgunRead the Press Release
ATLANTA - Edward Tororis Carter has been sentenced to two years and nine months in federal prison for unlawfully possessing a sawed-off shotgun. The defendant sold seven firearms to an undercover federal agent, including the twelve-gauge shotgun.
“Carter indiscriminately sold firearms to any buyer without regard for their potential use,” said U.S. Attorney John Horn. “In his quest to make money, the defendant never considered that the outcome might have been deadly.”
“An individual brazen enough to sell weapons such as a sawed-off shotgun to buyers on the street poses a clear and present danger to our community. This sentence demonstrates ATF’s continued dedication to identify these individuals and remove them from our neighborhoods,” said ATF Special Agent in Charge Wayne Dixie.
According to U.S. Attorney Horn, the charges and other information presented in court: In 2014, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) commenced an investigation of a convicted felon who was attempting to purchase firearms for subsequent sale and distribution. The investigation led federal agents to make several undercover firearms purchases from Carter who conducted the actual hand-to-hand firearms transactions.
Between May 2014 to August 2014, an undercover federal agent purchased seven firearms from Carter, including one sawed-off shotgun with a barrel length of only twelve inches and total length of only twenty-five inches. At the time of the sawed-off shotgun sale, in response to a comment about the gun, Carter said that the firearm was “ready to go,” suggesting that it was ready to be concealed and put to deadly use.
Edward Tororis Carter, 30, of Atlanta, Georgia, has been sentenced to two years and nine months in prison to be followed by three years of supervised release. Carter was convicted on these charges on December 22, 2016, after he pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Ryan M Christian 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.
Federal Prisoner and his Fiancée Indicted for running an Inmate Taxi ServiceRead the Press Release
ATLANTA – Federal inmate Deldrick D. Jackson and Kelly M. Bass have been arraigned on charges of conspiring to assist inmates to escape from the U.S. Penitentiary in Atlanta and for escaping and assisting in the escape from prison.
“Jackson and Bass allegedly ran a scheme that resulted in inmates escaping from Atlanta’s federal prison camp into the community,” said U. S. Attorney John Horn. “Inmates who escape from custody present a threat to the safety of the citizens in the area. Safety concerns also arise when inmates return with contraband to feed a thriving black market.”
“The federal indictment of both federal inmate Jackson and his girlfriend Kelly Bass not only illustrates very clearly the problems at the federal camp of the U.S. Penitentiary Atlanta but also the efforts underway by the FBI, working with the Atlanta Police and its other law enforcement partners, to remedy the matter. Federal inmates walking away from federal detention facilities is escape, plain and simple, and the federal indictment of these two reflects this,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“The Atlanta Police Department’s number one priority is the safety of our communities. The department is always willing to cooperate with other agencies to reduce the threat to neighborhoods that escaped inmates present. U.S. Attorney John Horn and his staff deserve a lot of credit and thanks for making these types of cases a top priority and sending a message that any prison escapes will be prosecuted and result in additional charges,” said Atlanta Police Chief Erika Shields.
According to U.S. Attorney Horn, the charges, and other information presented in court: the United States Penitentiary in Atlanta (“USP Atlanta”) also operates a satellite prison camp for minimum-security male inmates. In May 2010, Jackson was convicted of conspiring to distribute cocaine and conspiring to launder money. From July 2016 to April 2017, Jackson was assigned to the USP Atlanta minimum security camp. According to prison visitation records, Jackson listed Bass as his fiancée.
The indictment alleges that from approximately November 2016 to April 2017, Jackson and Bass conspired to provide inmates who escaped from USP Atlanta’s camp with transportation in exchange for a fee. For example, on January 28, 2017, Bass allegedly picked up Jackson and other escaped inmates from outside USP Atlanta, drove them to a nearby hotel, and hours later, returned Jackson and the other inmates to USP Atlanta. Financial records show that Bass received approximately $4,000 from accounts associated with USP Atlanta inmates or the inmates’ families during this six-month period.
On April 13, 2017, Jackson allegedly escaped from USP Atlanta’s camp again, after which Bass picked him up and drove him away from the prison. Law enforcement officers then stopped Bass’s SUV and arrested Bass and Jackson. After searching the SUV, officers recovered two cell phones, a box filled with packs of cigarettes, and several bottles of alcohol, which is consistent with contraband that is smuggled back into the prison.
On April 25, 2017, a federal grand jury indicted Deldrick D. Jackson, 41, of DeKalb County, Georgia, and Kelly M. Bass, 38, also of DeKalb County, on conspiratorial and substantive escape charges.
This case is being investigated by the Federal Bureau of Investigation and Atlanta Police Department.
Assistant U.S. Attorneys Jeffrey W. Davis and Timothy H. Lee 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.
Three Men Charged with Sex Trafficking minors in Georgia, Florida, and TennesseeRead the Press Release
ROME, Ga. – Brian Hernandez Acosta and his brother, Nilageo Alvarez Acosta, have been arraigned on charges of conspiracy to commit sex trafficking of a minor, sex trafficking of a minor, and transportation of a minor for prostitution. A third man, Jaime Adam Riano, was arraigned on the same charges on April 13, 2017.
“These men allegedly preyed on vulnerable young girls by sexually exploiting them for quick money,” said U.S. Attorney John A. Horn. “This case highlights the danger that lurks on social media sites, where the defendants allegedly pursued some of the child victims.”
“These federal charges are a reminder that sex trafficking of minors continues to be a very real problem and that it is not confined to urban areas. This case further illustrates how law enforcement, working together across many jurisdictions and state lines, remains responsive in addressing this heinous crime problem that will forever scar those being exploited,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“We are thankful for the work and success of all involved in this investigation that has ended the elaborate criminal enterprise these predators operated. The scope of their operation is a reminder that sex trafficking is a real danger for the young people in our communities,” said Chief Jason Parker, Dalton Police Department.
According to U.S. Attorney Horn, the charges and other information presented in court: Hernandez Acosta, Alvarez Acosta, and Riano allegedly conspired to traffic minor girls for commercial sex throughout North Georgia as well as in Florida and Tennessee. Beginning in or around November 2015, and continuing until December 2016, the defendants caused at least five girls between 16 and 17 years old to engage in prostitution, including by using force, fraud, and coercion.
Hernandez Acosta, after pursuing some of the girls on Facebook, allegedly posted provocative photographs of them in the adult entertainment and escort sections of Backpage.com, a classified advertisement website, to solicit men to have sex with the minors for money. The advertisements used fake names for the minors and falsely listed the minors as between ages 19 and 21 years, when in fact, they were all underage. Hernandez Acosta and Alvarez Acosta forced one 16-year-old girl to have sex with the men after driving her from Florida to Georgia to engage in prostitution, and after falsely offering the girl a place to live. Riano often drove this 16-year-old victim to the locations where she engaged in commercial sex acts. Another 16-year-old high school student was driven to a residence in the Atlanta area to have sex with a man for $150, which was paid directly to Hernandez Acosta. The defendants operated a high-volume, low-cost business, requiring the young girls to have sex with multiple men each night and kept nearly all of the money they earned.
Hernandez Acosta, 26, of Dalton, Georgia, Alvarez Acosta, 31, of Tampa, Florida, and Riano, 29, of Stone Mountain, Georgia, were indicted April 11, 2017.
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 have also provided assistance.
Assistant U.S. Attorneys Suzette A. Smikle and Dash A. Cooper are prosecuting the case.
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.
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.
Georgia Woman Sentenced to Prison for Her Role in a Stolen Identity Refund Fraud SchemeRead the Press Release
An Atlanta, Georgia resident was sentenced to 24 months in prison today for her role in a stolen identity refund fraud scheme, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney John A. Horn for the Northern District of Georgia.
According to documents and information provided to the court, Shamil Dean, 36, allowed bank accounts that she controlled to be used to receive more than $135,000 in fraudulent refunds. These refunds were generated from tax returns filed with the Internal Revenue Service (IRS) in the names of individuals whose identities were stolen.
In addition to the term of prison imposed, Dean was ordered to serve one year of supervised release. Dean will also be ordered to pay restitution to the IRS, in the amount to be determined by the court within 90 days. Dean pleaded guilty in February to aggravated identity theft.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Horn commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Trial Attorneys David Zisserson and Charles M. Edgar Jr. of the Tax Division and Assistant U.S. Attorney Alana Black of the Northern District of Georgia, who prosecuted this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Georgia Man Pleads Guilty to Stealing Deceased Father’s Social Security BenefitsRead the Press Release
ATLANTA - Timothy S. Lenon has pleaded guilty to one count of theft of government funds for stealing over $300,000 in Social Security benefits. Lenon received and subsequently spent his deceased father’s Social Security benefits for over 20 years after his death, and did the same with his father’s New York City pension.
“Lenon pocketed his deceased father’s Social Security payments for over 20 years, using the money to pay his own personal expenses,” said U. S. Attorney John Horn. “His theft ultimately diverted these scarce resources from those citizens who truly needed them to live.”
“The Social Security Office of the Inspector General has no higher priority than the investigation and prosecution of those who violate the public’s trust by failing to report Social Security beneficiary deaths and continuing to receive the deceased’s benefits. I’m grateful that the U.S. Attorney’s Office shares our determination to protect the integrity of the SSA’s programs for those who rely on them now and into the future,” stated Special Agent-in-Charge Margaret Moore-Jackson.
According to U.S. Attorney Horn, the charges and other information presented in court: The defendant's father died on January 16, 1994. At the time of his death, he received Social Security retirement benefits and New York City pension benefits that were deposited directly into his bank account. The defendant never notified Social Security that his father died and never closed his father's bank account.
Two years after his father's death, Lenon contacted Social Security and changed the address on his father's account in order to maintain the appearance that his father was still alive. As a result, his father's benefits continued to be deposited into his bank account until April 2014. Bank records showed that Lenon used the money in his father's account to live beyond his means. Social Security money paid for multiple credit cards in both his and his partner’s names, dozens of monthly Amazon purchases, utility bills for himself and his family, and phone bills. In total, the defendant stole over $309,000 from Social Security.
When law enforcement questioned the defendant, he claimed that he thought the bank account was closed after his father's death. Later, he told law enforcement that he never touched the money in the account. Eventually, he admitted that he spent some funds from the account, but continued to minimize the magnitude of his theft by claiming that he only spent money out of the account for a two-year period. The evidence, however, directly contradicted his version of events and showed that he spent all the money in the account.
Additionally, the defendant did not notify the New York City pension system of his father's death, and therefore, his father's pension benefits continued to be direct deposited into his father's account from 1994 until 2008. In total, the New York City pension system deposited over $157,000 into his father's account. Lenon also spent all of this money.
Sentencing for Timothy S. Lenon, 57, of Philadelphia, Pennsylvania, is scheduled for July 19, 2017 at 11:00 a.m., before U.S. District Judge Charles A. Pannell Jr.
This case is being investigated by the Social Security Administration - Office of the Inspector General.
Special Assistant U.S. Attorney Diane C. Schulman 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.
Jury Convicts Four Former Georgia Department of Corrections Officers of Bribery and Drug TraffickingRead the Press Release
NEWNAN, Ga. - Jeremy Fluellen, Chelsey Mayweather, Tramaine Tucker, and Christopher Williams have been convicted by a federal jury after a week-long trial, on fifteen counts of cocaine and methamphetamine distribution, and seven counts of extortion under color of official right. Prior to trial, 44 other corrections officers pleaded guilty in a series of cases related to this investigation at Georgia Department of Corrections institutions across the state.
“It’s troubling that so many officers from state correctional institutions across Georgia were willing to sell their badges for personal payoffs from purported drug dealers,” said U. S. Attorney John Horn. “They not only betrayed the institutions they were sworn to protect, but they also betrayed the ideals that honest, hard-working correctional officers uphold every day. They directly contributed to the hurtful criminal activity both inside and outside the prisons they served.”
“The federal convictions of these four State of Georgia corrections officers, brought about as part of a larger FBI investigation sends a much needed message that there is a cost if you sell your badge. These guards abdicated their responsibilities within the Georgia Department of Corrections at a time when corrections facilities in Georgia and elsewhere across the nation are being inundated with smuggled contraband smart phones that end up posing a larger problem to the public as well as the correction facility itself. Because of the vast harm that it creates in terms of public safety and the public’s trust of law enforcement, the FBI will continue to make public corruption its number one criminal program across the board, to include those that begin within the confines of a prison,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“We are pleased to see that justice has been served on these individuals for their role in jeopardizing the safe and secure operations of our facilities,” said GDC Commissioner Gregory C. Dozier. “Ridding our prisons of corrupt staff and shedding light on those who choose a path of dishonor continues to be one of our top priorities.”
According to U.S. Attorney Horn, the charges, and other information presented in court: The Georgia Department of Corrections (“GA DOC”) is the agency responsible for overseeing the operations of the Georgia state prison system and its more than 50,000 inmates. During a federal investigation of GA DOC employees and inmates, the FBI uncovered that correctional officers were smuggling contraband (including controlled substances and cellular telephones) into state prisons. Inmates used many of those contraband cell phones to commit wire fraud, money laundering, identity theft, and drug trafficking.
The operation also revealed that numerous GA DOC officers were willing to use their law enforcement uniforms and credentials to protect what they believed were drug deals involving multiple kilograms of methamphetamine and cocaine. In a series of undercover operations, more than 45 correctional officers used their law enforcement status to protect drug deals in exchange for thousands of dollars in cash bribe payments. During the undercover deals, the correctional officers generally wore their GA DOC uniforms or had their GA DOC badges in an effort to avoid law enforcement scrutiny.
After a weeklong trial, a federal jury returned the following guilty verdicts against defendants on all counts charged against them:
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Jeremy Fluellen, 28, of Sparta, Georgia, formerly a Correctional Officer at Hancock State Prison and on the GA DOC tactical unit (also known as the COBRA Squad), was convicted of two counts of attempted distribution of cocaine, and two counts of extortion under color of official right;
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Chelsey Mayweather, 25, of Milledgeville, Georgia, formerly a Correctional Officer at Baldwin State Prison, was convicted of two counts of attempting to distribute cocaine and/or methamphetamine, and two counts of extortion under color of official right;
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Tramaine Tucker, 28, of Sparta, Georgia, formerly a Correctional Officer at Hancock State Prison and Riverbend Correctional Facility, was convicted of two counts of attempting to distribute cocaine and/or methamphetamine, and one count of extortion under color of official right; and
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Christopher Williams, 26, of Sparta, Georgia, formerly a Correctional Officer at Hancock State Prison, was convicted of nine counts of attempting to distribute cocaine and/or methamphetamine, and two counts of extortion under color of official right.
Previously, numerous others were also charged as part of the overall investigation of the GA DOC. In total, this extensive operation has resulted in charges against approximately 130 prison employees, inmates, and non-incarcerated co-conspirators.
Sentencings for Jeremy Fluellen, Chelsey Mayweather, Tramaine Tucker, and Christopher Williams will occur July 25, 2017, at 9:30 a.m., before U.S. District Judge Timothy C. Batten, Sr.
These cases are being investigated by the Federal Bureau of Investigation, the Georgia Bureau of Investigation, and the Georgia Department of Corrections Office of Professional Standards.
Assistant U.S. Attorneys John S. Ghose and Vivek Kothari 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.
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Identity Thief sentenced for using a new form of fraud “Synthetic Identities”Read the Press Release
ATLANTA – Creating “synthetic identities” from phony Social Security numbers is one of the fastest growing forms of identity theft in the United States, and the U.S. Attorney’s Office for the Northern District of Georgia is prosecuting increased numbers of these cases to stay in front of this trend.
One recent case involves Kelvin Lyles, who has been sentenced to three years and ten months in federal prison for wire fraud. Lyles used so-called “synthetic identities,” which are fake identities created by establishing a credit history for false Social Security numbers with the credit reporting agencies. Using this method, Lyles defrauded credit card companies out of over $350,000.
“Synthetic identity theft is an unfortunate new form of criminal fraud,” said U. S. Attorney John Horn. “Identity thieves continue to invent new methods, and this is one more avenue of approach in their attempt to take what is not theirs. We will keep current with these latest trends and do all we can to keep our citizens safe from identity thieves.”
“As synthetic identity theft continues to become one of the fastest-growing consumer fraud schemes, the US Postal Inspection Service will remain steadfast to investigate emerging criminal trends to bring these offenders to justice,” said David M. McGinnis, U.S. Postal Inspector in Charge of the Charlotte Division. “Postal Inspectors will continue to go after those who utilize the U.S. mail for fraudulent financial gain.”
According to U.S. Attorney Horn, the charges and other information presented in court: From January 2013 until December 2015, Lyles obtained and created synthetic identities to obtain credit cards in the names of fictional individuals. Lyles then used online credit card processing services to charge transactions to the credit cards, directing all the stolen funds obtained to himself.
In December 2015, law enforcement executed a search warrant at Lyles’s residence and discovered information for over 300 synthetic identities, fake driver’s licenses, a fake social security card, and numerous credit cards held in the names of individuals other than Lyles. In total, Lyles attempted $435,862.10 in fraudulent credit card transactions and succeeded in obtaining approximately $350,000.
In recent months, the U.S. Attorney’s Office has prosecuted other defendants committing similar kinds of synthetic identity fraud:
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On January 5, 2017, Robert F. Dixon, Jr., of Chamblee, Georgia, was sentenced by U.S. District Judge Leigh Martin May to two years, ten months in federal prison to be followed by three years of supervised release for wire fraud conspiracy, wire fraud, and misuse of a Social Security number. Dixon was ordered to pay restitution in the amount of $403,734.55.
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On November 17, 2016, Karen A. Bradley, of Lithonia, Georgia, was sentenced by U.S. District Judge Leigh Martin May to one year, six months in federal prison to be followed by three years of supervised release for wire fraud conspiracy and misuse of a Social Security number. Bradley was ordered to pay restitution in the amount of $244,232.31.
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On September 1, 2016, Landerick C. Mitchell, of North Charleston, South Carolina, was sentenced by U.S. District Judge Leigh Martin May to six months in federal prison to be followed by three years of supervised release for wire fraud conspiracy and misuse of a Social Security number. Mitchell was ordered to pay restitution in the amount of $23,328.86.
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On January 10, 2017, Maurice R. Lambert, of Atlanta, Georgia, pleaded guilty to access device fraud and misuse of a Social Security number. He is scheduled to be sentenced by U.S. District Judge Eleanor L. Ross on May 25, 2017.
While these cases pertain to criminals using synthetic identities, law-abiding citizens also risk being tricked into purchasing a synthetic identity, primarily in the form of a so-called “Consumer Profile Number” or “CPN.” A CPN is a nine-digit number that some credit repair agencies claim can be used as a replacement for a Social Security number in credit and loan applications. Falsely stating in a credit or loan application that a CPN is a Social Security number risks violating federal law. Citizens should be extremely skeptical of any claims from credit repair services that ask them to use a CPN in place of their actual social security number when applying for credit or loans.
Kelvin Lyles, 43, of Atlanta, Georgia, was sentenced by U.S. District Judge Mark H. Cohen to three years, ten months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $353,937.23. Lyles pleaded guilty pursuant to a plea agreement on January 18, 2017.
This case was investigated by the U.S. Postal Inspection Service.
Special Assistant United States Attorney Diane Schulman and Assistant United States Attorney Samir Kaushal 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.
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Decatur Man Loses U. S. Citizenship and Faces Deportation after being Convicted of making False Statements in order to obtain His CitizenshipRead the Press Release
ATLANTA - Ismail Ali Khan has been sentenced to five years, seven months in federal prison after being convicted of conspiring to import illegally and distribute male enhancement pills that contained the drug found in Viagra. Khan was also convicted and sentenced for falsely stating on his application to become a naturalized U.S. citizen that he had never committed a crime for which he had not been arrested.
“This defendant endangered the health of countless individuals by illegally importing and distributing drugs that can be obtained in the United States only with a prescription written by a licensed, medical professional,” said U. S. Attorney John Horn. “What’s more, this defendant became a naturalized U.S. citizen by giving a false statement to the government about his criminal history, while he was engaged in this illicit drug scheme. Khan’s willful criminal pursuit earned him more than a prison sentence. It cost him his citizenship and deportation after prison.”
“American consumers are put at serious risk when they are unknowingly exposed to undeclared active pharmaceutical ingredients in products falsely labeled as natural dietary supplements,” said Justin Green, Special Agent in Charge, FDA Office of Criminal Investigations, Miami Field Office. “FDA remains committed to pursuing those who endanger the U.S. public health by distributing fraudulent and potentially dangerous products.”
According to U.S. Attorney Horn, the charges and other information presented in court: The defendant and others imported from China male enhancement pills with names such as, “Maxman,” “Herb Viagra,” “Rock Hard Weekend,” “Stiff Nights,” “Happy Passengers,” “Hard Ten Days” “Zhen Gongfu,” and they distributed the pills throughout the United States. These pills contained the same drug that is the active ingredient in Viagra. If the pills had been properly labeled, the Food and Drug Administration (FDA) and U.S. Customs and Border Protection would have stopped them from entering the U.S. because Viagra is available in this country only when prescribed by a licensed physician and dispensed by a pharmacist.
In order to evade import restrictions, the defendant and his co-conspirators directed their suppliers to mislabel the boxes containing the pills to make it appear that the boxes contained items that can be legally imported into the U.S., such as beauty products, pottery, coffee, and tea.
The defendant and his co-conspirators received the illegally imported pills at multiple addresses in the Atlanta, Georgia, area. They rented storage units at different locations where they repackaged the pills for distribution to wholesale and retail locations in the Atlanta area and throughout the U.S. In order to evade detection by law enforcement authorities, they moved their illegal operations regularly, used aliases, false addresses, and fake business names, and misrepresented the nature of their business when renting storage units and mailboxes.
Over the course of a conspiracy that lasted from early 2011 until May 2014, Khan and his co-conspirators illegally imported and distributed more than $1.5 million worth of illegal drugs that came from China.
On August 12, 2013, while this drug conspiracy was ongoing, Khan submitted an application to Citizenship and Immigration Services to become a naturalized United States citizen. The application included the following question: “Have you ever committed a crime for which you have not been arrested?” Khan falsely answered, “No.” On January 6, 2014, and again on March 14, 2014, Khan was interviewed by a representative of Citizenship and Immigration Services. Both times the representative asked Khan whether he had ever committed a crime for which he had not been arrested. On both occasions, Khan falsely stated that he had not. Khan became a naturalized United States citizen on March 14, 2014.
Ismail Ali Khan, 29, of Decatur, Georgia, was sentenced to five years and seven months in prison, to be followed by three years of supervised release. At the sentencing hearing, Judge Steve C. Jones ordered that Khan’s status as a naturalized U.S. citizen be revoked and Khan’s certificate of naturalization was declared void. Judge Jones also ordered that Khan be immediately deported to India, Khan’s native country, once he completes his prison term. At that time, supervised release will not be enforced. Khan was found guilty by a jury on February 13, 2017.
This case was investigated by the Office of Criminal Investigations, Food and Drug Administration and Homeland Security Investigations.
Assistant U.S. Attorneys William L. McKinnon, Jr. and Trevor Wilmot 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.
IRS Employee Indicted for Stealing Taxpayers’ IDs and Filing Fraudulent ReturnsRead the Press Release
A federal grand jury sitting in the Northern District of Georgia indicted an Internal Revenue Service (IRS) employee today for wire fraud and aggravated identity theft, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney John A. Horn for the Northern District of Georgia.
According to the indictment, since November 2010, Stephanie Parker of Atlanta, Georgia, worked at the IRS and had access to taxpayers’ personal identifying information, such as social security numbers and dates of birth. The indictment alleges that between September 2012 and April 2013, Parker exploited her IRS accesses to steal such personal information, which she then used to file tax returns seeking refunds in the names of other individuals. Parker allegedly directed the fraudulently obtained refunds into nominee bank accounts and used some of those funds to purchase money orders.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Parker faces a statutory maximum sentence of 20 years in prison for each count of wire fraud and a statutory minimum sentence of two years in prison for the aggravated identity theft counts. She also faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Horn commended special agents of IRS–Criminal Investigation and Treasury Inspector General for Tax Administration (TIGTA), who conducted the investigation, and Trial Attorneys Michael Boteler and Melanie Smith of the Tax Division, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Energy & Process Corp. agrees to pay $4.6 Million for alleged False Claims Regarding Defective Steel Rebar and Quality Control Failures in Nuclear Waste Treatment FacilityRead the Press Release
ATLANTA – Energy & Process Corporation (“E&P”), of Tucker, Georgia, has agreed to pay the United States $4.6 million to resolve allegations that it violated the False Claims Act by knowingly failing to perform mandatory quality assurance procedures and, as a result, supplying the Government with defective steel reinforcing bars (“rebar”) for use in constructing a U.S. Department of Energy (“DOE”) nuclear processing facility – i.e., the Mixed Oxide Fuel Fabrication Facility (“MOXX Facility”) – at the Savannah River Site, which is near Aiken, South Carolina. The MOXX Facility has never been operational or processed nuclear materials, and currently remains under construction.
“Our complaint alleges that after actively touting its experience with nuclear construction and quality assurance work, and then being hired to perform such work in connection with an important project, E&P chose to forego the agreed to quality assurance work, and then compounded this failure by falsely certifying to the Government that it had performed the quality assurance work.” said U.S. Attorney John Horn. “This settlement recovers substantial losses caused by E&P’s decision to cavalierly place its own profits above its commitment to adhere to important nuclear safety and quality control requirements.”
“Compliance with contract requirements is expected by all who contract with the U.S. government, but is especially critical in connection with the construction of a nuclear facility,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.
The Government alleges that, although the DOE – in connection with construction of the MOXX Facility – paid E&P to supply rebar meeting the stringent quality assurance standards of the U.S. Nuclear Regulatory Commission (“NRC”), E&P failed to perform most of the necessary quality assurance work, and then concealed its failing by falsely certifying that it had completed the work. As result of E&P’s failure to perform the requisite quality assurance work, one-third of the rebar supplied by E&P for use in the MOXX Facility was incorrectly bent, and therefore outside of safety specifications. After discovering the deficiency, the DOE undertook costly and time-consuming measures and successfully remediated the potential hazards associated with E&P’s rebar to ensure the safe operation of the MOXX Facility.
The settlement resolves allegations filed by Deborah Cook, a former employee of the prime contractor building the facility, under the qui tam, or whistleblower, provisions of the False Claims Act. Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. The False Claims Act also permits the government to intervene in such lawsuits, as it did in this case. The lawsuit was filed in the Northern District of Georgia and is captioned United States ex rel. Cook v. Shaw Areva Mox Services, LLC, et al., Case No. 01:13-cv-4023 (N.D. Ga.). Ms. Cook will receive a share of the settlement.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
This matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Offices of the Northern District of Georgia and the District of South Carolina, and the Department of Energy’s Office of Inspector General.
Assistant United States Attorneys Paris A. Wynn and Gabriel Mendel 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Energy & Process Corp. Agrees to Pay $4.6 Million for Alleged False Claims Regarding Defective Steel Rebar and Quality Control Failures in Nuclear Waste Treatment FacilityRead the Press Release
The Justice Department announced today that Energy & Process Corporation (E&P) of Tucker, Georgia, has agreed to pay $4.6 million to resolve the government’s lawsuit filed under the False Claims Act alleging that it knowingly failed to perform required quality assurance procedures and supplied defective steel reinforcing bars (rebar) in connection with a contract to construct a Department of Energy (DOE) nuclear waste treatment facility.
“Compliance with contract requirements is expected by all who contract with the U.S. government, but is especially critical in connection with the construction of a nuclear facility,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.
The lawsuit alleged that the DOE paid E&P a premium to supply rebar that met stringent regulatory standards for the Mixed Oxide Fuel Fabrication and Reactor Irradiation Services facility in the DOE’s Savannah River site near Aiken, South Carolina, but that E&P failed to perform most of the necessary quality assurance measures, while falsely certifying that those requirements had been met. The lawsuit further alleged that one-third of the rebar supplied by E&P and used in the construction was found to be defective. E&P subsequently replaced some of the defective rebar. The $4.6 million to be paid by E&P to resolve the government’s False Claims Act lawsuit is in addition to the replacement costs incurred by E&P.
“Our complaint alleges that after actively touting its experience with nuclear construction and quality assurance work, and then being hired to perform such work in connection with an important project, E&P chose to forego the agreed to quality assurance work, and then compounded this failure by falsely certifying to the Government that it had performed the quality assurance work,” said U.S. Attorney John A. Horn for the Northern District of Georgia. “This settlement recovers substantial losses caused by E&P’s decision to cavalierly place its own profits above its commitment to adhere to important nuclear safety and quality control requirements.”
The allegations resolved by this settlement arose in part from a whistleblower lawsuit filed under the False Claims Act by Deborah Cook, a former employee of the prime contractor that subcontracted with E&P in the course of building the DOE facility. Under the False Claims Act, private citizens can sue for false claims on behalf of the government and share in any recovery. The act permits the government to intervene and file its own complaint in such lawsuits, as it did in this case. Cook’s share of the settlement has not been determined.
This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Offices for the Northern District of Georgia and the District of South Carolina and the Department of Energy’s Office of Inspector General.
The case is captioned United States ex rel. Cook v. Shaw Areva Mox Services, LLC, et al., Case No. 01:13-cv-4023 (N.D. Ga.).
The claims asserted against E&P are allegations only, and there has been no determination of liability.
Inmate Pleads Guilty to Escaping from Atlanta’s Federal PenitentiaryRead the Press Release
ATLANTA – Federal inmate Justin B. Stinson has pleaded guilty to escaping from the United States Penitentiary minimum security camp in Atlanta, Georgia.
“Stinson escaped from Atlanta’s federal prison solely to smuggle contraband back inside it,” said U. S. Attorney John A. Horn. “This case shines a light on a recurring problem with prisoners leaving the camp, which creates safety concerns in the surrounding neighborhoods as well as within the camp itself when inmates return with contraband to feed a thriving black market.”
“The safety of our communities is the department’s number one priority, and escaped inmates clearly have the ability to threaten the well-being of unsuspecting residents, including the numerous children who live in proximity to the prison. The department is extremely grateful to U.S. Attorney John Horn and his staff for making this case a priority, and sending a strong message to other inmates who may be inclined to attempt escape that additional sentencing will be forthcoming,” said Chief of Police Erika Shields, Atlanta Police Department.
According to U.S. Attorney Horn, 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. USP Atlanta also has a detention center for pre-trial inmates and a satellite prison camp for minimum-security male inmates. In March 2015, Stinson pleaded guilty to Possession of a Firearm by a Convicted Felon in a Florida federal court. From August 2016 to February 2017, Stinson was assigned to serve his time at USP Atlanta’s minimum security camp.
On February 3, 2017, law enforcement officers conducted surveillance along the USP Atlanta’s prison fence line near New Town Circle. Just after 9:00 p.m., Stinson escaped from USP Atlanta by climbing through a hole in one prison fence and then climbing over USP Atlanta’s outer prison fence. Thereafter, Stinson retrieved a large black duffel bag from the occupant of a stopped car on New Town Circle and began walking back toward USP Atlanta. The FBI then arrested Stinson from a location outside of USP Atlanta’s confines. The FBI also recovered from Stinson a cellular telephone, a pair of scissors, two 1.75 liters of Jose Cuervo tequila, two cartons of Newport cigarettes, four boxes of Black and Mild cigars, and various food items.
On February 14, 2017, Stinson, 37, was indicted by a federal grand jury on escape and contraband smuggling charges. Stinson pleaded guilty to one count of escape.
The sentencing hearing for Stinson has been scheduled for June 28, 2017, at 2:30 p.m., before U.S. District Judge Charles A. Pannell, Jr.
This case is being investigated by the Federal Bureau of Investigation and the Atlanta Police Department.
Assistant United States Attorneys Jeffrey W. Davis and Timothy Lee 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.
Fourth Defendant Convicted for Role in Georgia-Based Mexican Sex Trafficking RingRead the Press Release
The Department of Justice announced today that Severiano Martinez-Rojas, also known as “Negro” and “Gato,” of Tenancingo, Tlaxcala, Mexico, has pleaded guilty in federal court to one count of sex trafficking and admitted his participation in the sex trafficking of three victims.
“The defendants preyed on vulnerable young women, placing them in fear and forcing them to sell their bodies to complete strangers all so the defendants could make money,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Today’s conviction demonstrates the Civil Rights Division’s unwavering commitment to bringing human traffickers to justice and the significant impact of our U.S.-Mexico Bilateral Human Trafficking Enforcement Initiative, aimed at dismantling transnational trafficking organizations.”
“This defendant’s guilty plea represents another success in this District’s sustained commitment to bilateral anti-trafficking coordination with our Mexican Federal law enforcement counterparts in locating and bringing to justice traffickers who lure victims into prostitution with false promises of a better life and then seek to evade accountability for their crimes,” said U.S. Attorney John A. Horn of the Northern District of Georgia. “Human trafficking remains a top priority of this office, and we will continue to aggressively target and prosecute these horrific crimes.”
“Human Trafficking is often transnational in nature and, as a result, U.S. law enforcement, through its legal attaches and U.S. embassies, count on its partnerships abroad to ensure that individuals such as Martinez-Rojas are not afforded a sanctuary from justice,” said Special Agent in Charge David J. LeValley of the FBI Atlanta Field Office. “This case illustrates the FBI’s commitment toward identifying, apprehending, and repatriating to the U.S. those involved in these types of human trafficking rings that cross international borders.”
“Human trafficking is quite simply, a form of modern-day slavery, and the sexual abuse of the victims in this particular case only adds to the heinous nature of the crime,” said Special Agent in Charge Nick Annan of ICE Homeland Security Investigations in Atlanta. “Over the past two years HSI has rescued nearly 1,000 trafficking victims nationwide with many of them often hidden in plain sight. HSI will continue our relentless pursuit to investigate and seek prosecution of criminal traffickers while ensuring the victims of this terrible crime are rescued and get the care they need.”
According to the charges and other information presented in court, Martinez-Rojas and his co-defendants used false promises of love, legitimate work and a better life to induce three women to unlawfully enter the United States between 2006 and 2008. Once the women arrived in Atlanta, Georgia, the defendants used violence, threats, intimidation, and other means to compel the young women to engage in prostitution in Georgia and Alabama for the defendants’ profit. The defendants operated a high volume, low cost business, requiring the women to have sex with multiple men a night, sometimes as many as 20 men.
Martinez-Rojas was indicted on May 14, 2013, but remained a fugitive until his arrest in Mexico as part of a coordinated bilateral law enforcement action in November 2015. He is the fourth member of an Atlanta-based Mexican sex trafficking ring convicted for their roles in compelling young women from Mexico and Guatemala to engage in prostitution. A date for sentencing has not yet been determined.
Co-defendants Arturo Rojas-Coyotl, also known as “Taco” and “Jonathan,” and Odilon Martinez-Rojas, also known as “Chino” and “Saul,” pleaded guilty to sex trafficking and alien harboring in October 2014 and were sentenced on January 27, 2015, to prison terms of 16 years and 21 years and 10 months, respectively. The defendants were also ordered to pay $180,000 in restitution to the victims. A third co-defendant, Daniel Garcia-Tepal, also pleaded guilty to alien harboring on April 4, 2014, and received a sentence of time served.
Since 2009, the Departments of Justice and Homeland Security have collaborated with Mexican law enforcement counterparts in a Bilateral Human Trafficking Enforcement Initiative to more effectively dismantle human trafficking networks operating across the U.S.-Mexico border, bring human traffickers to justice, restore the rights and dignity of human trafficking victims, and reunite victims with their children. These efforts have resulted in successful prosecutions in both Mexico and the United States, including U.S. federal prosecutions of over 170 defendants in multiple cases in Georgia, New York, Florida, and Texas, in addition to numerous Mexican federal and state prosecutions of associated sex traffickers.
The case is being investigated by the Federal Bureau of Investigations and the Department of Homeland Security’s Homeland Security Investigations.
The case is being prosecuted by Assistant U.S. Attorney Richard S. Moultrie, Jr., of the Northern District of Georgia, and Deputy Director Benjamin J. Hawk of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Fourth Defendant Convicted for Role in Atlanta-Based Mexican Sex Trafficking RingRead the Press Release
ATLANTA – Severiano Martinez-Rojas, also known as “Negro” and “Gato,” of Tenancingo, Tlaxcala, Mexico, has pleaded guilty in federal court to one count of sex trafficking and admitted his participation in the sex trafficking of three victims.
“This defendant’s guilty plea represents another success in this District’s sustained commitment to bilateral anti-trafficking coordination with our Mexican Federal law enforcement counterparts in locating and bringing to justice traffickers who lure victims into prostitution with false promises of a better life and then seek to evade accountability for their crimes,” said U.S. Attorney John A. Horn. “Human trafficking remains a top priority of this office, and we will continue to aggressively target and prosecute these horrific crimes.”
“The defendants preyed on vulnerable young women, placing them in fear and forcing them to sell their bodies to complete strangers all so the defendants could make money,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Today’s conviction demonstrates the Civil Rights Division’s unwavering commitment to bringing human traffickers to justice and the significant impact of our U.S.-Mexico Bilateral Human Trafficking Enforcement Initiative, aimed at dismantling transnational trafficking organizations.”
“Human Trafficking is often transnational in nature and, as a result, U.S. law enforcement, through its legal attaches and U.S. embassies, count on its partnerships abroad to ensure that individuals such as Martinez-Rojas are not afforded a sanctuary from justice. This case illustrates the FBI’s commitment toward identifying, apprehending, and repatriating to the U.S. those involved in these types of human trafficking rings that cross international borders,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“Human trafficking is quite simply, a form of modern-day slavery, and the sexual abuse of the victims in this particular case only adds to the heinous nature of the crime,” said Special Agent in Charge of ICE Homeland Security Investigations Atlanta Nick Annan. “Over the past two years HSI has rescued nearly 1,000 trafficking victims nationwide with many of them often hidden in plain sight. HSI will continue our relentless pursuit to investigate and seek prosecution of criminal traffickers while ensuring the victims of this terrible crime are rescued and get the care they need.”
According to U.S. Attorney Horn, the charges and other information presented in court: Martinez-Rojas and his co-defendants used false promises of love, legitimate work, and a better life to induce three women to unlawfully enter the United States between 2006 and 2008. Once the women arrived in Atlanta, Georgia, Martinez-Rojas and his co-defendants used violence, threats, intimidation, and other means to compel the young women to engage in prostitution in Georgia and Alabama for the defendants’ profit. The defendants operated a high volume, low cost business, requiring the women to have sex with multiple men a night, sometimes as many as 20 men.
Martinez-Rojas was indicted on May 14, 2013, but remained a fugitive until his arrest in Mexico as part of a coordinated bilateral law enforcement action in November 2015. He is the fourth member of an Atlanta-based Mexican sex trafficking ring convicted for their roles in compelling young women from Mexico and Guatemala to engage in prostitution. A date for sentencing has not yet been determined.
Co-defendants Arturo Rojas-Coyotl, also known as “Taco” and “Jonathan,” pleaded guilty to sex trafficking and alien harboring in October 2014, and was sentenced to 16 years in federal prison. Odilon Martinez-Rojas, also known as “Chino” and “Saul,” pleaded guilty to sex trafficking and alien harboring in October 2014, and was sentenced to 21 years and 10 months in prison. Both defendants were also ordered to pay $180,000 in restitution to the victims. A third co-defendant, Daniel Garcia-Tepal, also pleaded guilty to alien harboring on April 4, 2014, and received a sentence of time served.
Since 2009, the Departments of Justice and Homeland Security have collaborated with Mexican law enforcement counterparts in a Bilateral Human Trafficking Enforcement Initiative to more effectively dismantle human trafficking networks operating across the U.S.-Mexico border, bring human traffickers to justice, restore the rights and dignity of human trafficking victims, and reunite victims with their children. These efforts have resulted in successful prosecutions in both Mexico and the United States, including U.S. federal prosecutions of over 50 defendants in multiple cases in Georgia, New York, Florida, and Texas since 2009, in addition to numerous Mexican federal and state prosecutions of associated sex traffickers.
The case is being investigated by the Federal Bureau of Investigations and the Department of Homeland Security’s Homeland Security Investigations.
The case is being prosecuted by Assistant U.S. Attorney Richard S. Moultrie, Jr., of the Northern District of Georgia, and Deputy Director Benjamin J. Hawk of the Civil Rights Division’s Human Trafficking Prosecution Unit.
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.
Even Though Tax Day is behind us, a Reminder to be Vigilant about Tax FraudRead the Press Release
ATLANTA – The deadline for individuals to file their tax returns passed yesterday. Most will breathe a sigh of relief that their tax returns were filed on time. However, some may encounter an unexpected impediment – an unscrupulous return preparer who took advantage of them, or their identity was stolen and a tax refund has already been claimed in their name by a thief.
The U.S Attorney’s Office for the Northern District of Georgia, along with IRS-Criminal Investigations and other law enforcement partners, is actively engaged in combating tax preparing cheats and identity thieves. The following cases highlight some of the work done by the U.S. Attorney's Office and its law enforcement partners in recent months relating to tax fraud.
Frazier B. Todd, Jr., Cozzie Walker and Roberta Sheffield
Frazier B. Todd, Jr. was sentenced to eighteen years, six months in prison on March 29, 2017, in connection with his conviction for preparing over $5.5 million in fraudulent tax returns on behalf of clients. Todd was found guilty following a four-day jury trial in December, 2016. Todd owned and operated Diverse Resource Business and Tax Firm in Union City, Georgia, along with Cozzie Walker and Robert Sheffield. Walker and Sheffield were also charged in the case and previously pleaded guilty.
“Mr. Todd represents a small but very harmful segment of the tax return preparation industry that takes advantage of our tax system,” said U.S. Attorney John Horn. “By falsely claiming that his clients were entitled to the American Opportunity Tax Credit and other tax credits, Todd and other fraudulent return preparers like him cause real financial damage to the government’s fiscal health and our economy as a whole. We urge the citizens in our district to be careful about who they entrust with the preparation of their tax returns.”
“IRS Criminal Investigation has a zero-tolerance policy for refund fraud. Return Preparer fraud is a top priority for the agency and our special agents work year round to bring return preparers who lack integrity and engage in illegal activities to justice,” said James Dorsey, Acting Special Agent in Charge, Atlanta Field Office. “The prison time received by Frazier Todd and his co-conspirators should serve as a strong warning that tough punishments await those who embark on a similar criminal path.”
According to U.S. Attorney Horn, the charges and other information presented in court: Todd conspired with Cozzie Walker and Roberta Sheffield to exploit the American Opportunity Tax Credit (“AOTC”), a refundable tax credit for certain college expenses such as tuition and related costs. Marketing the AOTC as a “stimulus” available to almost anyone, Todd and his business partners prepared false tax returns for thousands of clients, many of whom were disabled, elderly, or low-income.
Todd was also convicted for a much broader fraud scheme in which he exploited not only the AOTC but other tax credits as well to maximize his clients' refunds. For example, he filed dozens of corporate tax returns falsely claiming that the businesses purchased tens of thousands of gallons of gasoline for "off-highway business use," and were entitled to the Fuel Tax Credit. He also falsely claimed that clients had installed solar panels on their homes in order to claim the Residential Energy Credit, which is designed for taxpayers who make green energy upgrades to their homes.On December 8, 2016, a jury found Todd guilty of conspiracy to commit mail and wire fraud, obstructing the internal revenue laws, and ten counts of presenting false claims for refund to the IRS. Cozzie Walker pleaded guilty on March 2, 2016, to conspiracy to commit mail and wire fraud. Roberta Sheffield pleaded guilty on March 21, 2016, to conspiracy to commit mail and wire fraud, and 14 counts of presenting false claims for refund to the IRS.
During his sentencing hearing before U.S. District Court Judge Mark H. Cohen, Todd, 58, of Atlanta, Georgia, was ordered to serve eighteen years, six months in prison, followed by three years of supervised release, and pay restitution to the IRS in the amount of $3,631,466. Judge Cohen stated that the conduct of Todd and his co-conspirators was “an abuse of the tax credit system” in this country. The sentencings of Cozzie Walker, 42, of Atlanta, Georgia, and Roberta Sheffield, 43, also of Atlanta, Georgia, are scheduled for May 16, 2017, before Judge Cohen.
Assistant United States Attorneys Lynsey M. Barron and Steven D. Grimberg prosecuted the case.
Tauya Muteke
Frazier Todd, Jr. is not the first return preparer to be sentenced to prison this year. On January 9, 2017, Tauya Muteke, 35, of Douglasville, Georgia, was sentenced to four years, nine months in prison, followed by one year of supervised release, after a jury convicted him on August 19, 2016, on two counts of preparing and filing false income tax returns and one count of failure to appear for trial. Muteke owned and operated Icon Tax Service, a tax preparation business located in Norcross, Georgia. According to U.S. Attorney Horn, the charges and other information presented in court: Muteke prepared and filed tax returns that made up businesses and falsified business expenses to make it appear as if the businesses had lost money, resulting in larger refunds for his clients. Muteke was originally scheduled to go to trial in March 2010, but three weeks before his trial date Muteke fled to Johannesburg, South Africa, and did not return to the United States for five years. He was arrested upon his return on July 13, 2015.
Assistant United States Attorneys Bernita B. Malloy and Christopher C. Bly prosecuted the case.
Kim A. Earlycutt, Shannon King and Marcia Farmer
The United States Attorney’s Office is also actively prosecuting numerous tax fraud cases. For example, on March 1, 2017, Kim A. Earlycutt, 54, of Covington, Georgia, and Shannon King, 37, of Lithonia, Georgia were indicted by a federal grand jury in the Northern District of Georgia and charged with conspiracy and filing false claims with the United States. In a related case, Marcia Farmer, 50, of Snellville, Georgia, pled guilty to a criminal information charging her with conspiracy to file false claims on October 28, 2016. According to U.S. Attorney Horn, the charges and other information presented in court: the three alleged co-conspirators obtained identity documents of foreign nationals, which they then used to manufacture and file false and fraudulent tax claim forms. These fraudulent tax returns were submitted to the IRS, resulting in more than $5 million in fraudulent refunds being paid.
Members of the public are reminded that the indictment against Earlycutt and King 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.
Assistant U.S. Attorney Christopher H. Huber is prosecuting these cases.
All of the above cases were investigated by the Internal Revenue Service Criminal Investigation.
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.
Former Recruiters charged with False Invoicing SchemeRead the Press Release
ATLANTA –Dereck Cyrus and Chuck Sandford have been arraigned on conspiracy and mail fraud charges for running a false invoicing scheme that caused the restaurant chain Panda Express to send them over a million dollars in fraudulent payments.
“These defendants allegedly used a false invoicing scheme to line their own pockets,” said U. S. Attorney John Horn. “Businesses should carefully vet vendors that they do business with to make sure they do not fall victim to these schemes.”
“Corporate based fraud schemes do have victims and those victims feel its impact. The federal grand jury indictment and resulting arrests in this matter clearly illustrates the FBI’s commitment toward providing an avenue of relief to companies being targeted by these types of fraud schemes,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges, and other information presented in court: Cyrus and Sandford both owned companies that provided recruitment services to corporations. Cyrus’s company was named “Diversified Recruiters,” and Sandford’s recruitment company was named “Chuck Sandford Consultants” (CSC). Cyrus also worked as an in-house recruiter for Panda Express in 2012 and early 2013.
Beginning in about January 2013, Cyrus and Sandford allegedly submitted fraudulent Diversified Recruiters and CSC invoices to the Panda Express accounts payable department that falsely claimed that they had found qualified job candidates for positions at Panda Express restaurants throughout the United States. In actuality, the vast majority of the job candidates were either fictitious or had never been recruited by Cyrus or Sandford. Based upon these misrepresentations, the accounts payable department issued payments to Diversified Recruiters and CSC, which Cyrus and Sandford used for their own personal benefit.
After Cyrus stopped working for Panda Express in March 2013, he allegedly continued to send fraudulent Diversified Recruiters and CSC invoices to the accounts payable department, falsely claiming he was still a company employee. Sandford also allegedly paid Cyrus a kickback after the accounts payable department issued payments for the fraudulent CSC invoices. All told, Cyrus and Sandford allegedly netted well over one million dollars during the course of this scheme.
Dereck Cyrus, 52, of Lithonia, Georgia, Chuck Sandford, 74, of Marietta, Georgia, were arraigned before U.S. Magistrate Judge Alan J. Baverman.
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 defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Thomas J. Krepp 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 area Brothers Sentenced for Corporate Hijacking SchemeRead the Press Release
ATLANTA - Antonio Sandridge and Rodney Sandridge have been sentenced to more than two years in federal prison for mail fraud conspiracy. The defendants, who are brothers, operated a fraud ring where they hijacked corporate identities and used them to fraudulently order over $500,000 in electronics. Both defendants were previously convicted of similar conduct in 2006.
“These defendants manipulated public records and hijacked corporate identities to order expensive electronics for themselves,” said U. S. Attorney John Horn. “Worse, they preyed on small businesses, so the losses suffered by these victims were potentially devastating.”
"The Sandridge brothers made their living by victimizing small businesses,” said Kenneth Cronin, Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. sentences imposed today should be a reminder that the Secret Service, in conjunction with our law enforcement partners and the United States Attorney’s Office, will continue to arrest and prosecute criminals who repeatedly take advantage of innocent victims and companies.”
“The Atlanta Police Department strives to protect our citizens and businesses every day. We are extremely proud of the investigative work that went into building a strong case against these career criminals and the outstanding cooperation with both the U.S. Secret Service and the U.S. Attorney’s office to get a conviction,” said Erika Shields, Chief of Atlanta Police Department.
According to U.S. Attorney Horn, the charges and other information presented in court: From 2012 until February 2014, the Sandridges engaged in a scheme where they stole the identities of dormant Georgia corporations by filing new registration information for existing companies on the Georgia Secretary of State’s website, unbeknownst to the actual owners of the corporations. The false registration would list new company officers and a new corporate address, which was a virtual office space under the conspirators’ control.
After stealing the corporate identity of Georgia companies, the Sandridge brothers and co-conspirators would use fake credit applications to order laptops and other electronics from victim vendors in the names of the hijacked companies. The computer equipment was purchased on credit with payment due in the weeks following delivery, and the delivery address was a virtual office space controlled by the conspirators. When victim vendors shipped computer equipment to the virtual office space, Rodney Sandridge picked up the fraudulently ordered electronics, and Antonio Sandridge immediately sold the electronics to third-party resellers.
In total, over $540,000 in computer equipment was ordered from 16 victim companies, and the victims received little more than a couple hundred dollars, if anything, for the orders despite repeated efforts to collect payment.
In 2006, the U.S. District Court for the Northern District in Georgia sentenced the Sandridges to prison on federal conspiracy charges based on their participation in a nearly identical scheme from 2001 to 2005.
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Antonio Sandridge, 49, of Tucker, Georgia, was sentenced by U.S. District Court Judge Leigh Martin May to two years and three months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $85,736.
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Rodney Sandridge, 51, of Duluth, Georgia, was also sentenced by Judge May to three years and six months in prison to be followed by three years of supervised release, and he was ordered to pay restitution in the amount of $389,123.
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Antonio and Rodney Sandridge were convicted on these charges on November 22, 2016 and January 20, 2017, respectively, after they pleaded guilty.
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This case was investigated by the U.S. Secret Service and the Atlanta Police Department. Assistant United States Attorneys Samir Kaushal and Nathan P. Kitchens 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.
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U.S. Attorney’s Office and ATF Combat Gun Trafficking in Atlanta, including a spike in Thefts from Licensed Firearms DealersRead the Press Release
ATLANTA – The U.S. Attorney’s Office and the ATF continue to combat gun trafficking in Atlanta, including eight federal cases involving 32 defendants prosecuted in the past four months. In particular, ATF reported a dramatic increase in thefts of firearms from federally licensed firearms dealers in Georgia, facilitating the trafficking of these illegally obtained guns to criminals within and outside the state.
For example:
- In 2013, for example, the ATF received reports of 25 burglaries of licensed gun dealers in Georgia resulting in thefts of 338 guns.
- In 2014, the ATF received reports of 34 burglaries of licensed gun dealers in Georgia with a loss of 307 guns.
- In 2015, the ATF received reports of 33 burglaries of licensed gun dealers in Georgia resulting in thefts of 429 guns.
- In 2016, ATF investigated burglaries of 50 federally licensed firearms dealers in Georgia, with a staggering theft of more than 1,000 firearms.
“These stolen guns are trafficked all over the country as well as internationally, and are falling into the hands of convicted felons who use them to terrorize local communities,” said U.S. Attorney John Horn. “Frequently, traffickers who are prohibited from purchasing firearms enlist people with no criminal history – called “straw purchasers” – to buy the guns for them. In this way, relatives, spouses, friends, and associates of gun traffickers may find themselves ensnared in criminal conduct and facing lengthy prison sentences. The illegal trafficking of firearms fuels an entire cycle of criminal conduct that affects our entire community.”
“The primary goal of ATF’s firearms trafficking strategy is to prevent violent crime by disrupting and dismantling the firearms trafficking organizations and networks responsible for supplying violent offenders with crime guns,” said Special Agent in Charge Wayne Dixie. “Our top priority in the Atlanta Field Division of ATF is ensuring that firearms traffickers are aggressively investigated and swiftly brought to justice.”
Recognizing the unique threat posed to public safety by this spike in illegal firearms activity, the U.S. Attorney’s Office, in collaboration with the ATF and local law enforcement partners, has identified and prosecuted those individuals responsible for this spike in firearms offenses. The district’s recent prosecutions include the following cases and involve the following facts based on the charges and other information presented in court:
- United States v. Terry Brown, et. al.: on March 22, 2017, Brown, who led a criminal ring comprising seven defendants that stole 131 firearms from seven gun stores, was sentenced to six years, six months of imprisonment by U.S. District Judge Harold L. Murphy; the defendants’ scheme involved the trafficking of firearms stolen from federally licensed firearms dealers located across the state of Georgia, including dealers in the cities of Dalton, Tallapoosa, Warner Robbins, Athens, Thomson, Monroe, and LaGrange, Georgia; Co-defendants Jameel Drinkard, Eric Moore, and Jacquez Miller previously received sentences of imprisonment of eight years, four years, and one year, three months respectively, while the final defendants’ cases remain pending;
- United States v. Jaleel Wulu and Javaree Williams: on March 22, 2017, the defendants pleaded guilty to making false statements to purchase multiple firearms from several federally licensed firearms dealers and conspiring to do so; the men illegally purchased guns from licensed firearms dealers located in the cities of Atlanta, Sandy Springs, and Mableton, Georgia. Defendant Williams admitted to purchasing several firearms for Defendant Wulu – an aspiring Atlanta rapper known as “Trill Castro;” multiple guns purchased by the men were recovered at crime scenes in the state of Maryland;
- United States v. Jordan Brown, et. al.: on March 7, 2017, four defendants were charged with stealing 105 guns from a licensed gun dealer in Cumming, Georgia, by ramming a pickup truck through the side of the store at approximately 5:15 a.m. on December 31, 2016; an employee inside the store at the time fired a shot at the ceiling of the store in an attempt to thwart the burglary; local law enforcement officers arrested the defendants following a car chase;
- United States v. Alfred, et. al.: on March 1, 2017, a federal grand jury charged three defendants in a superseding indictment with trafficking 36 firearms from Georgia to the country of Trinidad and Tobago by using straw purchasers to illegally buy the guns and then secretly shipping the firearms aboard an international air carrier;
- United States v. Robbins, et. al.: on February 27, 2017, Robbins, one of three defendants charged with making false statements to federally licensed firearms dealers to purchase guns, pleaded guilty to this offense; the defendants’ illegal gun purchases resulted in the trafficking of 10 firearms to an individual unlawfully present in the United States; the co-defendants’ charges remain pending;
- United States v. Fisher-Bland, et. al.: on February 21, 2017, six defendants were charged with trafficking 33 firearms from Georgia to Rochester, New York, utilizing straw purchasers to make the illegal gun purchases; two of the defendants travelled from New York to Georgia to illegally purchase and transfer the firearms interstate as part of the scheme;
- United States v. Rawls: on December 20, 2016, Rawls, who illegally purchased firearms that law enforcement officers later recovered at multiple crime scenes in the states of Massachusetts and Rhode Island, pleaded guilty to making false statements to a licensed gun dealer and illegally transferring firearms to an out-of-state resident; this prosecution resulted from a collaboration by ATF field offices in Atlanta, Massachusetts, and Rhode Island; and
- United States v. Coffey, et. al.: on December 16, 2016, six defendants were charged with stealing and trafficking 129 firearms across three states – Georgia, North Carolina, and South Carolina; the defendants are alleged to have used a torch to burn a hole through a loading dock bay door of one of the guns stores to gain entry.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Bureau of Industry and Security, Office of Export Enforcement, Georgia State Patrol, Atlanta Police Department, Henry County Police Department, Alpharetta Police Department, Cumming Police Department, City of Milton, Georgia, Police Department, Forsyth County Sheriff’s Office, members of the ATF-RAGE unit in and near August, Georgia, the North Carolina Police Departments of Charlotte-Mecklenburg and Rocky Mount, Rock Hill, South Carolina, Police Department, Rochester, New York, Police Department, Holly Springs Police Department, Tallapoosa Police Department, Dalton Police Department, Clayton County Police Department, Bibb County Sheriff’s Office, Monroe Police Department, Thomson Police Department, Athens-Clarke County Police Department, Warner Robins Police Department, LaGrange Police Department, and the Pearl, Mississippi Police Department
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.
Two Pharmacists Convicted for Illegally Dispensing to Patients of a Pill MillRead the Press Release
ATLANTA - Rosemary Ofume and Donatus Iriele, the husband and wife owners of Medicine Center Pharmacy in Atlanta, Georgia, have been convicted after a three-week jury trial on federal drug and money laundering charges for illegally dispensing controlled narcotics to customers of the “pill mill” pain clinic across the street. They were convicted of a drug trafficking conspiracy, three counts of illegally dispensing controlled substances without a legitimate medical purpose and outside the usual course of professional practice, and a money laundering conspiracy, in connection with their operation of Medicine Center Pharmacy, in Atlanta, Georgia. Additionally, Iriele was convicted individually of five counts of concealment money laundering and laundering more than $10,000 of criminally derived property.
“Like the rest of the country, the state of Georgia continues to experience the devastating impact of the opiate epidemic,” said U.S. Attorney John Horn. “These defendants used their pharmacy to supply pills to patients of a known "pill mill." Physicians, pharmacists and other medical professionals that prey on drug addicts, and feed their addictions in order to make a profit, are simply drug dealers in white coats.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division said, “It is a sad commentary when trusted individuals in the medical community hide behind the veil of legitimacy to commit criminal acts. These pharmacists can no longer fill the opiate cravings of pill-seeking addicts with impunity. Owners and operators of pill mills spin a broad web of deception, reeling in casts of thousands who are addicted to pharmaceutical drugs. This investigation was a success because of the spirited level of law enforcement cooperation.”
“The reckless illegal dispensing of controlled substances results in addiction and death,” said James E. Dorsey, Acting Special Agent in Charge, IRS Criminal Investigation. “The abuse of Oxycodone and other controlled substances has become an epidemic which is destroying lives and communities throughout the country. Rosemary Ofume, Donatus Iriele and others who operate pill mills in the Northern District of Georgia can expect to be investigated, prosecuted, and sent to prison in the same way as other drug traffickers who push poison in our communities.”
“These convictions have removed a huge tumor from the cancer that illicit drug distribution has become during our lifetime. The hard work invested in this case by all parties, from the U.S. Attorney’s office to the boots on the ground front-line drug agents and everyone in-between proves what dedication, persistence and cooperation can accomplish. It’s proof positive that just because you have a license to practice pharmacy, you aren’t entitled to put illicitly prescribed drugs on the street and contribute to the skyrocketing opioid addiction and overdose death rates. All health care professionals are on notice to remember: you are to do no harm. And if you intentionally ignore this charge, you are going to be treated the same as a street-corner drug dealer in this war on opioid abuse,” said Rick Allen, Director, Georgia Drugs & Narcotics Agency.
According to U.S. Attorney Horn, the charges and other information presented in court: In May 2009, agents of the DEA, working with agents for the IRS, began investigating the AMARC pain clinic, located in Atlanta, Georgia, and nearby Medicine Center Pharmacy, after receiving information that the clinic and pharmacy were illegitimately prescribing and dispensing pain pills to drug addicts and drug dealers.
The investigation revealed that Godfrey Ilonzo financed and operated at least eight clinics in the metro Atlanta area under the “AMARC” name, including the Lakewood pain clinic and one in Tyrone, Georgia. Bona Ilonzo (Godfrey Ilonzo’s wife) served as the office manager at the Lakewood AMARC pain clinic. At various times, Dr. Nevorn Askari and Dr. William Richardson served as the primary doctors for the AMARC pain clinics. Rosemary Ofume and Donatus Iriele operated the Medicine Center Pharmacy across the street from one of the pain clinics. Both Godfrey and Bona Ilonzo, as well as Drs. Askari and Richardson, previously pleaded guilty to charges related to their conduct at the clinic.
Ofume and Iriele worked together with the Ilonzos and Drs. Askari and Richardson to facilitate the dispensing of Oxycodone pills and other opiates to addicts and distributors. After customers received prescriptions from Askari and Richardson for medically inappropriate and potentially lethal combinations of opiates and other controlled substances, clinic staff told customers to fill their prescriptions across the street at “Rosemary’s pharmacy” (Medicine Center Pharmacy operated by Ofume and Iriele). Many of those customers traveled to the AMARC clinics and Ofume/Iriele’s pharmacy from counties throughout Georgia and from other states (including Alabama and Ohio).
Customers waited for hours at the Lakewood AMARC pain clinic and paid cash to receive prescriptions for Oxycodone or Hydrocodone, Xanax, and Soma (the “holy trinity” for resale on the street) before purchasing the pills at high prices from Ofume and Iriele’s pharmacy. Employees at the AMARC clinics and Ofume and Iriele’s pharmacy received discounts and special treatment, including free office visits and reduced prices for pills dispensed at the pharmacy. Ofume lied to pharmaceutical distributors in order to procure astronomical quantities of Oxycodone and other prescription pain pills that were then dispensed to customers having obvious signs of addiction or drug diversion. Significantly, in 2009, Medicine Center Pharmacy purchased eleven times more Oxycodone than the average pharmacy in the state of Georgia.
During the course of the conspiracy, Ofume and Iriele generated more than $5.1 million dollars from unlawful prescriptions issued by doctors affiliated with the AMARC clinics (constituting more than 90% of the pharmacy’s revenue). Iriele used pharmacy proceeds to purchase three luxury vehicles for his and Ofume’s personal use. Iriele and Ofume also laundered pharmacy proceeds by purchasing vehicles in the United States for individuals in Nigeria while concealing that those customers then deposited local Nigerian currency into Iriele’s own Nigerian bank account.
Previously, in 2007, the Georgia Board of Pharmacy revoked Iriele’s pharmacy licensed (and temporarily suspended Ofume’s pharmacy license) after finding that Ofume and Iriele had failed to account for more than 600,000 controlled substances pills at their pharmacies and had dispensed controlled substances pursuant to more than 1,400 forged prescriptions.
Previously, Godfrey Ilonzo, 66, of Alpharetta, Georgia, and Bona Ilonzo, 54, of Alpharetta, Georgia, the husband-wife owners of the illegal pain clinic, and two doctors who worked at the clinic, pleaded guilty to federal drug and money laundering charges in connection with in the drug trafficking conspiracy.
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Godfrey Ilonzo pleaded guilty on February 16, 2017, to drug trafficking conspiracy and money laundering conspiracy.
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Bona Ilonzo pleaded guilty on February 16, 2017, to a drug trafficking conspiracy;
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Dr. Nevorn Askari, 61, of Monroe, Georgia, pleaded guilty on February 16, 2017, to a drug trafficking conspiracy;
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Dr. William Richardson, 63, of Atlanta, Georgia, pleaded guilty on February 1, 2017, to a drug trafficking conspiracy.
A federal grand jury returned a second superseding indictment against the defendants on September 5, 2013. The sentencings of Godrey and Bona Ilonzo, Dr. Askari, and Dr. Richardson are scheduled to take place throughout the day on May 16, 2017, before U.S. District Court Judge Steve C. Jones.
Based on the convictions, Ofume and Iriele will be ordered to forfeit to the United States $16,767 in cash seized from the pharmacy, $133,892.74 in funds seized from the pharmacy’s bank account, a 2009 BMW X5, a 2008 Mercedes Benz ML550, a 2007 BMW X5, and Rosemary Ofume’s Georgia Pharmacist license. In addition, the government also intends to seek money judgments equal to the amount of proceeds defendants obtained from their illegal drug trafficking and the amount of money laundered.
The sentencings of Ofume and Iriele are scheduled for June 13, 2017, at 10:00 a.m., before U.S. District Court Judge Jones.
This case was investigated by the Drug Enforcement Administration and Internal Revenue Service Criminal Investigation.
Assistant United States Attorneys Laurel Boatright, Cassandra Schansman, and Michael Brown 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.com.
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.
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Physician and Owner of Atlanta Pain Clinic Sentenced for Illegally Prescribing PainkillersRead the Press Release
ATLANTA –Nisar A. Piracha, the former primary physician and owner of Piracha Wellness Clinic in Atlanta, Georgia, has been sentenced to seven years and three months in federal prison for conspiring to distribute oxycodone, methadone, and alprazolam. While operating the clinic, Piracha illegally prescribed dangerous quantities of these prescription painkillers for no legitimate medical purpose.
“The defendant ignored the basic standards of his profession and preyed upon individuals addicted to prescription drugs in return for a steady cash flow,” said U. S. Attorney John Horn. “With every illegal prescription, the defendant not only abused the trust that society places in physicians, but also fed the cycle of prescription drug abuse and addiction that is devastating our communities.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division said, “This is a good example of the commitment DEA has made to aggressively go after ‘illegal pill mills’ and bring to justice criminals who take advantage of local communities. We are committed to ensuring that unethical physicians who violate their oath by indiscriminately and illegally prescribing dangerous drugs are no longer able to operate with impunity”.
According to U.S. Attorney Horn, the charges, and other information presented in court: Piracha, a former general surgeon and licensed physician, opened the Piracha Wellness pain clinic in Atlanta, Georgia, in 2012 as the owner and sole practitioner. In late 2012, Drug Enforcement Administration agents began investigating suspicious activity at the clinic and made numerous undercover visits to the clinic posing as patients over a five-month period.
During these undercover visits, Piracha conducted only brief physical examinations in the initial visit before prescribing high doses of oxycodone, methadone, and alprazolam. In follow-up visits, Piracha conducted no physical or medical examinations at all and continued to prescribe massive doses of painkillers, including additional prescriptions of medications at the patients’ request without a legitimate medical purpose. Data analysis of patient records also showed that many patients traveled long distances to obtain prescriptions for controlled substances from the clinic, including more than a dozen regular patients who traveled nearly 200 miles from Vidalia and Hazlehurst.
Nisar Piracha, 63, of Norcross, Georgia, was sentenced by U.S. District Court Judge Eleanor L. Ross to seven years and three months in federal prison to be followed by three years of supervised release. Piracha also agreed to the forfeiture of over $425,000 in proceeds from his pill mill operation. Piracha was convicted on this charge on December 21, 2016, after he pleaded guilty.
This case was investigated by the Drug Enforcement Administration.
Assistant United States Attorneys Nathan P. Kitchens and Michael Brown 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Two Georgia State Prisoners Sentenced for Committing Tax Fraud using Stolen Identities from PrisonRead the Press Release
GAINESVILLE, Ga. - Enrique Toribio has been sentenced to four years in federal prison for engaging in income tax fraud by providing names and Social Security numbers to a tax preparer, and instructing the tax preparer to file fraudulent income tax returns on his behalf using those stolen identities, all while serving his sentence as an inmate in the Georgia Department of Corrections.
“This case highlights the continuing problem of inmates in state prisons using contraband cellular phones to reach beyond the prison walls and continue to victimize our community,” said U. S. Attorney John Horn. “Identity theft is bad enough, but victims shouldn’t have to defend themselves against those who are already serving time for other serious crimes.”
“Identity theft schemes wreak havoc in the lives of victims, often causing extensive financial harm and hardship to countless Americans each year. In addition, the use of fraudulent identity documents can also poses significant national security risk,” said Nick S. Annan, special agent in charge of ICE Homeland Security Investigations Atlanta. “We owe it to the victims of these schemes to pursue cases aggressively; as such, HSI actively partners with governments across the world to dismantle these transnational criminal organizations, bring perpetrators to justice and recoup victims’ losses wherever possible.”
“Sophisticated stolen identity refund fraud schemes have the potential to harm many taxpayers and put large amounts of public money at risk,” said James E. Dorsey, Acting Special Agent in Charge, IRS Criminal Investigation. “Enrique Toribio and his co-conspirators demonstrated a blatant disregard of the integrity of the United States tax system and caused immeasurable hardship to innocent victims. We, along with our law enforcement partners at Department of Homeland Security and the United States Attorney's Office, continue to do our part in protecting the sanctity and integrity of the tax system and those individuals whose identities were stolen, as well as recovering any monetary loss against the U.S. Treasury.”
According to U.S. Attorney Horn, the charges and other information presented in court: Toribio provided 39 stolen identities to a tax preparer via a contraband cell phone while incarcerated at Hancock State Prison. At the time, Toribio was serving an 18-year sentence for aggravated assault. He enlisted his mother, Rosa Toribio-Gama, and sister, Lupita Rodriguez-Toribio, to meet with the tax preparer outside the prison to sign the fraudulent income tax returns.
Marcus Burke, also a prisoner within the Georgia Department of Corrections, provided 29 stolen identities to the same tax preparer by using a contraband cell phone from Hancock State Prison and through a SunTrust bank employee. At the time, Burke was serving a 20-year sentence for voluntary manslaughter.
Both Toribio and Burke were convicted of two counts of aggravated identity theft and one count of conspiracy to commit tax fraud on August 30, 2016 after both pleaded guilty. All involved in these cases and their sentences are as follows:
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Enrique Toribio, 30, of Gainesville, Georgia, has been sentenced to four years in prison to be followed by three years of supervised release.
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Marcus Burke, 35, of Atlanta, Georgia, was sentenced on December 8, 2016, to three years, three months in prison to be followed by three years of supervised release.
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Rosa Toribio-Gama, 48, of Gainesville, Georgia, was sentenced to three years of probation with six months to be served on home confinement, and ordered to pay restitution in the amount of $3,650, to be paid jointly with Rodriguez-Toribio. She was charged for her role in the income tax fraud, after signing tax forms allowing the tax preparer to e-file. Toribio-Gama was convicted of conspiracy to commit income tax fraud after pleading guilty on October 28, 2016.
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Lupita Rodriguez-Toribio, 25, of Gainesville, Georgia, was sentenced to three years of probation, and ordered to pay restitution in the amount of $3,650, to be paid jointly with Toribio-Gama. She also was charged for her role in the fraud, after she signed fraudulent income tax returns prepared by the tax preparer. Rodriguez-Toribio was convicted of conspiracy to commit income tax fraud after pleading guilty on December 7, 2016,
This case was investigated by the Department of Homeland Security, Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation.
Assistant United States Attorneys William L. McKinnon, Jr. and Jennifer Keen 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.
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Marietta Man Sentenced to 10 Years for Paying for Child PornographyRead the Press Release
ATLANTA - Karl Touset has been sentenced to prison for 10 years for transporting child pornography into the United States. Specifically, Touset paid a woman in the Philippines who provided him with photos of young girls stripping and displaying their genitals. He also watched the girls on webcam and instructed the girls on what sex acts he wanted to see them perform on themselves.
“This defendant preyed on girls as young as nine years old to satisfy his perverse sexual desires,” said U. S. Attorney John Horn. “Unfortunately, extreme poverty in many parts of the world affords individuals like Touset the opportunity to exploit children across national borders. The admirable actions of the money transfer and e-mail companies helped shine a light on this reprehensible conduct, and as a result this case has helped save other vulnerable children from being victimized.”
“Child pornography production is, bluntly, the recording of the graphic sexual abuse of innocent children, and those who encourage its production are directly responsible for promoting and encouraging child sex abuse,” said HSI Atlanta Special Agent in Charge Nick S. Annan. “As this case shows, no matter where in the world these criminals may seek out their illegal acts, ICE Homeland Security Investigations is committed to investigating and seeking prosecution of child exploitation cases as one the agency’s highest priorities.”
According to U.S. Attorney Horn, the charges and other information presented in court: in September 2014, a money transfer company identified a group of individuals who were sending small amounts of money to countries associated with sex tourism and child pornography, including the Philippines, and reported this information to the National Center for Missing and Exploited Children. The company also notified an e-mail provider, which began its own investigation of individuals using e-mail accounts to facilitate sending money to these countries. All of this information was then provided to Homeland Security Investigations (HSI). HSI agents obtained additional information from other money transfer companies. Based on its investigation, HSI agents identified Karl Touset as a person who was possibly involved in paying for child pornography.
On December 21, 2014, Touset flew back from the Netherlands to Atlanta Hartsfield-Jackson International Airport. He had with him two laptops and two external hard drives, which officers took into their possession. A search of those devices showed that they contained photographs and videos of young girls exposing their genitals and performing sex acts on themselves or with other young girls. On January 28, 2015, HSI agents served federal search warrant on Touset’s home in Marietta, where they obtained additional computers and hard drives.
An analysis of his computers showed that Touset had been communicating for at least four years with a woman in the Philippines who arranged for young girls to provide pornographic images for him. He would negotiate prices with her, paying between $25 and $100 based on the number of images and the poses that the girls would be in. On numerous occasions, the girls were made to perform live for him, where he would instruct them on what he wanted to see and what they should do. Touset kept a spreadsheet showing the girls’ names, their birth dates, and his personal notes about each girl. He often chatted online with the girls and asked if they would have sex with him if he traveled to the Philippines. The girls ranged in age from nine to fifteen years old. From 2012 to 2015, Touset paid more than $55,000 for the production of these images. HSI agents found more than 6,000 child pornography files on his computers.
Karl Touset, 72, of Marietta, Georgia, has been sentenced to 10 years in prison to be followed by lifetime supervised release. There is no parole in the federal system. Touset was convicted of these charges on November 3, 2016, after he pleaded guilty.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States Attorney 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.
Member of CD and DVD Counterfeiting Ring in Atlanta Sentenced to Five Years in PrisonRead the Press Release
ATLANTA – Mamadou Aliou Simakha has been sentenced to five years in prison for his involvement in a counterfeit DVD and CD ring. Simakha pleaded guilty on March 10, 2010, to one count of conspiracy to commit criminal copyright infringement, to traffic in counterfeit goods, and counterfeit labels.
“Simakha admitted his part as a high volume seller in a conspiracy to produce and traffic millions of pirated music CDs and DVDs which was a leading supplier for the southeastern U.S.,” said U.S. Attorney John Horn. “His decision to flee the country garnered him the statutory maximum sentence he deserves for his many years as a disc counterfeiter and international fugitive.”
“Criminal enforcement of the copyright laws plays an essential role in preserving the rights of American authors, artists and creators,” said Acting Assistant Attorney General Blanco. “This group of defendants stole from thousands of victims by mass-producing counterfeit music CDs and DVD movies in a far-reaching pirating operation. As this case demonstrates, we will continue to investigate, prosecute and, if necessary, extradite those individuals who seek to profit illegally by stealing the works of others.”
“The international extradition and resulting federal conviction and sentencing of Simakha clearly illustrates that the U.S. government will not tolerate the wholesale theft of intellectual property on this scale,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office. “The FBI will continue to be a significant partner in the fight against such individuals and groups engaged in criminal copyright infringement and counterfeit trafficking operations.”
“Intellectual property theft negatively impacts the U.S. economy, threatens consumer health and safety and funds black market criminal organizations involved in other illicit activities,” said Special Agent in Charge Annan. “HSI will continue to protect intellectual property rights, crack down on counterfeiting, and collaborate with industry and law-enforcement authorities to ensure we conduct effective and efficient intellectual property enforcement.”
According to U.S. Attorney Horn, the charges and other information presented in court: Simakha was one of 13 individuals charged by a federal grand jury on May 19, 2009, in an indictment alleging various copyright, trademark and counterfeit label offenses. At the plea hearing, Simakha admitted that two co-conspirators supplied him with blank CDs and DVDs and he burned counterfeit copies of music and movies onto the CDs and DVDs along with placing counterfeit artwork onto the CDs and DVDs. Simakha also admitted that he was involved in a conspiracy to then sell copies of the pirated works to others.
After entering his guilty plea, Simakha fled the country, and a warrant was issued for his arrest on April 6, 2010. On March 1, 2016, Simakha was arrested in Morocco and was extradited from Morocco into the custody of the U.S. Marshals Service (USMS) on December 15, 2016.
Seven other defendants were sentenced in 2011 to prison terms ranging from probation to five years. The court found that Simakha conspired with co-defendants and others to reproduce and distribute tens of thousands of copyright infringing music CDs and movie DVDs which, if legitimate, would have been worth more than $769,000.
Mamadou Aliou Simakha, 41, of Dakar, Senegal, was sentenced by U.S. District Judge William S. Duffey Jr., to five years in federal prison, three years of supervised release, a $100 special assessment, and ordered to pay restitution of $70,894.21, to the Motion Picture Association and Recording Industry Association of America.
Assistant U.S. Attorney Brian Pearce in the Northern District of Georgia and Assistant Deputy Chief John H. Zacharia of the DOJ Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case. The FBI and ICE-HSI investigated the case with assistance from the Atlanta Police Department Organized Crime Unit; Fulton County, Georgia, Sheriff’s Office; College Park, Georgia, Police Department; East Point, Georgia, Police Department; the Recording Industry Association of America; and the Motion Picture Association of America. The Office of International Affairs and USMS assisted in Simakha’s extradition from Morocco.
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.
Member of CD and DVD Counterfeiting Ring in Atlanta Sentenced to 60 Months in PrisonRead the Press Release
A Dakar, Senegal, man was sentenced to 60 months in prison today for his involvement in a counterfeit DVD and CD ring.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney John A. Horn of the Northern District of Georgia, Special Agent in Charge David J. LeValley of the FBI’s Atlanta Field Office and Special Agent in Charge Nick S. Annan of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Atlanta made the announcement.
Mamadou Aliou Simakha, 41, was also ordered to pay $70,894 in restitution, jointly and severally with his co-defendants, by U.S. District Judge William S. Duffey Jr. of the Northern District of Georgia. Simakha pleaded guilty on March 10, 2010, to one count of conspiracy to commit criminal copyright infringement, to traffic in counterfeit goods and to traffic in counterfeit labels.
After entering his guilty plea, Simakha fled the country, and a warrant was issued for his arrest on April 6, 2010. On March 1, 2016, Simakha was arrested in Morocco and was extradited from Morocco into the custody of the U.S. Marshals Service (USMS) on Dec. 15, 2016.
“Criminal enforcement of the copyright laws plays an essential role in preserving the rights of American authors, artists and creators,” said Acting Assistant Attorney General Blanco. “This group of defendants stole from thousands of victims by mass-producing counterfeit music CDs and DVD movies in a far-reaching pirating operation. As this case demonstrates, we will continue to investigate, prosecute and, if necessary, extradite those individuals who seek to profit illegally by stealing the works of others.”
“Simakha admitted his part as a high volume seller in a conspiracy to produce and traffic millions of pirated music CDs and DVDs which was a leading supplier for the southeastern United States,” said U.S. Attorney Horn. “His decision to flee the country garnered him the statutory maximum sentence he deserves for his many years as a disc counterfeiter and international fugitive.”
“The international extradition and resulting federal conviction and sentencing of Simakha clearly illustrates that the U.S. government will not tolerate the wholesale theft of intellectual property on this scale,” said Special Agent in Charge LeValley. “The FBI will continue to be a significant partner in the fight against such individuals and groups engaged in criminal copyright infringement and counterfeit trafficking operations.”
“Intellectual property theft negatively impacts the U.S. economy, threatens consumer health and safety and funds black market criminal organizations involved in other illicit activities,” said Special Agent in Charge Annan. “HSI will continue to protect intellectual property rights, crack down on counterfeiting, and collaborate with industry and law-enforcement authorities to ensure we conduct effective and efficient intellectual property enforcement.”
At the plea hearing, Simakha admitted that two co-conspirators supplied him with blank CDs and DVDs and Simaka burned counterfeit copies of music and movies onto the CDs and DVDs along with placing counterfeit artwork onto the CDs and DVDs. Simakha also admitted that he was involved in a conspiracy to then sell copies of the pirated works to others.
Simakha was one of 13 individuals charged by a federal grand jury on May 19, 2009, in an indictment alleging various copyright, trademark and counterfeit label offenses. Seven other defendants were sentenced in 2011 to prison terms ranging from probation to five years. The court found that Simakha conspired with co-defendants and others to reproduce and distribute tens of thousands of copyright infringing music CDs and movie DVDs which, if legitimate, would have been worth more than $769,000.
Assistant Deputy Chief John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Brian Pearce of the Northern District of Georgia prosecuted the case. The FBI and ICE-HSI investigated the case with assistance from the Atlanta Police Department Organized Crime Unit; Fulton County, Georgia, Sheriff’s Office; College Park, Georgia, Police Department; East Point, Georgia, Police Department; the Recording Industry Association of America; and the Motion Picture Association of America. The Office of International Affairs and USMS assisted in Simakha’s extradition from Morocco.Atlanta Heroin Distributor Sentenced as Part of the District’s DMI ProgramRead the Press Release
ATLANTA - Shantuan Daniel has been sentenced for heroin trafficking and being a felon-in-possession of a firearm. Daniel was sentenced to five years and three months in federal prison as part of the district’s Drug Market Initiative (DMI), an on-going commitment to eradicate the heroin market in Atlanta’s English Avenue neighborhood.
“Daniel threatened an Atlanta Police Department officer with a firearm prior to his arrest in this case,” said U.S. Attorney John A. Horn. “But Daniel was captured and brought to justice thanks to the diligence of APD officers and his federal sentence for distributing heroin in the neighborhood of English Avenue is an important win for this community.”
“This sentence is another reminder that ATF and our law enforcement partners will hold individuals accountable for any criminal behavior, especially that which threatens the safety of innocent civilians,” said ATF Special Agent in Charge Wayne Dixie.
“I have always known that partnerships are the key to making the city of Atlanta a safer city,” said Atlanta Police Chief Erika Shields. “The sentencing of Mr. Daniel is proof that the DMI program is working to turn the English Avenue neighborhood in a new direction. The Atlanta Police Department will continue to work with our local, state and federal partners to develop new programs and find innovative ways to fight crime.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Daniel is one of the final defendants to be sentenced as part of the first phase of the district’s DMI investigation of drug trafficking in Atlanta’s English Avenue community. Between April 22, 2015, through June 11, 2015, Daniel distributed heroin in the English Avenue neighborhood and was identified by law enforcement after he conducted a hand-to-hand transaction with an undercover officer in April 2015. He was also a convicted felon at that time.
That day, an undercover officer was present in the area to conduct a drug deal with an unrelated DMI target when Daniel unexpectedly approached him. Daniel gave the undercover officer heroin and his cell phone number in the hope of doing future drug deals with the undercover officer. Then, in June 2015, Daniel was involved in a heroin “buy/bust” attempt, but escaped apprehension when law enforcement officers tried to arrest him.
During that escape, Daniel pointed a loaded firearm at an APD investigator just before escaping down a deep embankment where officers were unable to apprehend him. Despite a pursuit by law enforcement officers of the Georgia State Patrol, APD, and the National Guard, Daniel remained a fugitive for nearly a year. APD Officers eventually apprehended Daniel on April 7, 2016, on unrelated charges. At the time, he was driving a vehicle that contained more heroin and a stolen firearm.
Shantuan Daniel, 25, of Atlanta, Georgia, was sentenced by U.S. District Judge Steve C. Jones to five years and three months in federal prison, followed by three years of supervised release. Daniel pleaded guilty on these charges on November 15, 2016.
This case was prosecuted as part of the U.S. Attorney’s DMI Initiative in the English Avenue heroin market. Since the summer of 2015, more than 60 heroin traffickers have faced federal charges. U.S Attorney’s office staff have simultaneously been involved in diversion programs for other heroin dealers as well as community rebuilding efforts.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Atlanta Police Department.
Assistant United States Attorney Dash A. Cooper prosecuted this 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.com.
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 Man Sentenced to Federal Prison for Robbing the Habersham Federal Credit UnionRead the Press Release
GAINESVILLE, Ga. - Mitchell Logan Reeves has been sentenced to eight years and eight months in federal prison for robbing the Homer, Georgia, branch of the Habersham Federal Credit Union on July 30, 2015.
“Reeves pointed a fully loaded firearm at the face of a credit union teller and demanded all the money that was in her teller drawer,” said U. S. Attorney John Horn. “Outstanding deputies from the Banks County Sheriff’s Office and the Georgia Bureau of Investigation quickly apprehended Reeves and recovered the money that he stole. We hope this sentence restores the sense of safety to the bank employees and members of the community”
“The FBI commends the prompt actions of the responding deputies of the Banks County Sheriff’s Department that set in motion the quick and safe capture of this armed robber. The sentencing of Mr. Reeves to federal prison will afford him time to not only reflect on his extremely poor choices leading up to and including his actions involving the July, 2015 armed robbery of the Habersham Federal Credit Union, but also the significant emotional trauma that he inflicted on the victim teller that day,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office
“This conviction illustrates the great work of law enforcement in investigating and prosecuting armed robberies in Georgia. The Georgia Bureau of Investigation remains committed to working with our local and federal partners to pursue these vicious crimes,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
“This case is an excellent example of just how critical it is to have an unrestricted line of communication between agencies in order to produce an efficient and successful conviction. I am exceptionally pleased with the assistance received from all agencies and the amount of professionalism put into each and every step of this investigation and prosecution,” said Sheriff Carlton Speed, Banks County Sheriff’s Department.
According to U.S. Attorney Horn, the charges and other information presented in court: On July 30, 2015, Reeves entered the Homer branch of the Habersham Federal Credit Union wearing a black mask and tan hat. He walked up to the lone teller working in the branch at the time, pointed a firearm directly at her face, and demanded that she give him all the money in her teller drawer. The teller gave Reeves $1,729.00. After receiving the money, Reeves fled.
Witnesses observed Reeves run into a wooded area near the credit union office. Banks County Sheriff’s Office deputies set up a perimeter around the wooded area and Reeves was arrested within a short time. In the wooded area, law enforcement officers located the black mask, tan hat, and other clothing Reeves wore during the robbery, as well as a fully loaded Smith and Wesson .9 mm handgun and the $1,729.00 taken during the robbery.
Mitchell Logan Reeves, 24, of Gainesville, Georgia, was sentenced to eight years, eight months in prison to be followed by five years of supervised release. Reeves pleaded guilty on March 29, 2016, to charges that he robbed the credit union and that he used a firearm during the commission of a crime of violence.
This case was investigated by the Banks County Sheriff's Office, the Georgia Bureau of Investigation, and the Federal Bureau of Investigation.
Assistant U.S. Attorney William L. McKinnon, Jr. 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.
Woman Admits to Causing the Death of another Person by Injecting her with Liquid SiliconeRead the Press Release
ATLANTA - Deanna Roberts has pleaded guilty to four felony counts of possessing, transporting, and ultimately illegally injecting persons with liquid silicone and four felony counts of introducing into interstate commerce liquid silicone, which was an adulterated device. One of the women the defendant injected with liquid silicone died about 36 hours after receiving the injection when the silicone migrated to her lungs, heart, brain, and other organs.
“Roberts admitted that she caused the death of one person by injecting her with liquid silicone, and that she also injected liquid silicone into multiple other people, putting their lives at considerable risk,” said U. S. Attorney John Horn. “Before undergoing any type of medical procedure, patients should ensure they have consulted a licensed medical provider who is qualified to provide care.”
“Liquid silicone injected into individuals’ bodies can cause serious bodily injury and death, and FDA has not approved any such product for tissue augmentation,” said Justin D. Green, Special Agent in Charge, FDA Office of Criminal Investigations’ Miami Field Office. “We remain fully committed to bringing to justice those who offer dangerous and unapproved products to American consumers.”
According to U.S. Attorney Horn, the indictment, and other information presented in court: Between April 2004 and December 2015, Roberts purchased at least 178 gallons of liquid silicone. Liquid silicone is strictly regulated by the FDA, and may be legally injected directly into the human body only as a treatment for certain eye conditions.
In April 2004, Roberts began ordering liquid silicone from a business in Arizona. In order to purchase liquid silicone from the business, Roberts submitted an affidavit to the company in which she falsely swore that she did not intend to inject the silicone into humans. Rather she claimed that she intended to supply the silicone to a customer for use in lubricating medical equipment.
On multiple occasions, Roberts transported liquid silicone to the Atlanta area and injected it into the hips, buttocks, and other body parts of her victims. Roberts falsely claimed to her victims that she was a licensed medical practitioner.
During the evening of November 16, 2015, Roberts injected liquid silicone into the buttocks of victim L.H. The next day L.H. complained of tightness in her chest and shortness of breath, symptoms that are consistent with the presence of liquid silicone in the lungs. During the early morning hours of November 18, 2015, L.H., died.Dr. Geoffrey Smith, Associate Medical Examiner for DeKalb County, performed an autopsy on L.H. Based upon the autopsy Dr. Smith determined that L.H. died from complications due to silicone polymer embolization. Dr. Smith found that L.H.’s lungs were heavily congested with liquid silicone. In addition, Dr. Smith found liquid silicone in L.H.’s liver, kidney, heart, brain, and spleen. Dr. Smith noted that each of L.H.’s buttocks had 10 injection sites.
From a microscopic examination of tissue surrounding one of the injection sites Dr. Smith determined that a blood vessel had been punctured. The evidence, therefore, established that the defendant punctured the blood vessel with one of the silicone injections and that the silicone was carried by the blood stream to L.H.’s lungs and other organs causing her death.
Additionally:
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On November 16, 2015, the defendant illegally injected liquid silicone into the buttocks of victim J.T.
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In November of 2014, the defendant injected liquid silicone into the buttocks of victim V.M.
- In October of 2014, the defendant injected liquid silicone into the face of victim S.P.
However, J.T., V.M., and S.P. did not die from their injections.
Sentencing for Deanna Roberts, 47, of Sanford, Florida, is scheduled for May 24, 2017, at 2:00 p.m., before U.S. District Judge Orinda D. Evans.
This case is being investigated by the Food and Drug Administration, Office of Criminal Investigations, the Doraville Police Department, and the Atlanta Police Department.
Assistant United States Attorneys William L. McKinnon, Jr. and Erin Sanders 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.
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Russian Hacker “Kolypto” Extradited from NorwayRead the Press Release
ATLANTA - Mark Vartanyan, also known as “Kolypto,” a Russian national who allegedly developed, improved and maintained the pernicious “Citadel” malware toolkit, was arraigned in federal court following his extradition from Norway in December 2016. Vartanyan was charged with one count of computer fraud.
“This successful extradition is yet another example of how cooperation among international law enforcement partners can be used to disrupt and dismantle global cyber syndicates,” said U. S. Attorney John Horn. “This defendant’s alleged role in developing and improving “Citadel” for its use by cybercriminals caused a vast amount of financial harm to individuals and institutions around the world. His appearance in federal court today shows that cybercriminals cannot hide in the shadows of the Internet. We will identify them and bring them to justice wherever they operate.”
“We must continue to impose real costs on criminals who believe they are protected by geographic boundaries and can prey on the American people and institutions with impunity. Vartanyan's arrest removes a significant player who was engaged in the development, improvement, maintenance and distribution of malware from the resources available to the cyber criminal underground, thereby deteriorating the capabilities of cyber criminal groups. Today's plea is the culmination of a multi-national effort led by the FBI, highlighting the benefits of global cooperation among the United States and international law enforcement. It further demonstrates the FBI’s long-term commitment to identifying and pursuing cyber criminals world-wide, and serves as a strong deterrent to others targeting America’s financial institutions and citizens through the use of malicious software,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Office.
According to U.S. Attorney Horn, the charges, and other information presented in court: “Citadel” is a malware toolkit designed to infect computer systems and steal financial account credentials and personally identifiable information from victim computer networks. Beginning in or about 2011, Citadel was offered for sale on invite-only, Russian-language internet forums frequented by cybercriminals. Users of Citadel targeted and exploited the computer networks of major financial and government institutions around the world, including several financial institutions in the United States. According to industry estimates, Citadel infected approximately 11 million computers worldwide and is responsible for over $500 million in losses.
Between on or about August 21, 2012 and January 9, 2013, while residing in Ukraine, and again between on or about April 9, 2014 and June 2, 2014, while residing in Norway, Vartanyan allegedly engaged in the development, improvement, maintenance and distribution of Citadel. During these periods, Vartanyan allegedly uploaded numerous electronic files that consisted of Citadel malware, components, updates and patches, as well as customer information, all with the intent of improving Citadel’s illicit functionality.
Vartanyan was extradited to the United States in December 2016 from Norway. He was charged in a one-count Information with computer fraud, and was arraigned before U.S. Magistrate Judge Russell G. Vineyard.
Vartanyan is the second defendant charged in connection with an ongoing investigation of the Citadel malware. On September 29, 2015, Dimitry Belorossov, a/k/a Rainerfox, 22, of St. Petersburg, Russia, was sentenced to four years, six months in prison following his guilty plea for conspiring to commit computer fraud for distributing and installing Citadel onto victim computers using a variety of infection methods.
Belorossov downloaded a version of Citadel, which he then used to operate a Citadel botnet primarily from Russia. Belorossov remotely controlled over 7,000 victim bots, including at least one infected computer system with an IP address resolving to the Northern District of Georgia. Belorossov’s Citadel botnet contained personal information from the infected victim computers, including online banking credentials for U.S.-based financial institutions with federally insured deposits, credit card information, and other personally identifying information.
In addition to operating a Citadel botnet, Belorossov also provided online assistance with the goal of developing suggested improvements to Citadel, including posting comments on criminal forums on the Internet and electronically communicating with other cybercriminals via email and instant messaging.
Belorossov was convicted on July 18, 2014, after he pleaded guilty.
DOJ’s investigation into the creator of the Citadel malware is continuing.
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.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Steven D. Grimberg is prosecuting the case. The Justice Department’s Office of International Affairs also provided assistance with 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.
Emory Doctor Goes to Prison for Downloading Thousands of Images of Child PornographyRead the Press Release
ATLANTA - Kevin M. Sullivan has been sentenced to six years, six months in prison for downloading thousands of images of child pornography from a server in Switzerland. Sullivan, who was a professor in Emory University’s Epidemiology department, used the university’s Wi-Fi to access sites outside the country which provided access to child pornography.
“Sullivan downloaded thousands of files depicting the sexual abuse of children,” said U. S. Attorney John Horn. “He attempted to cover his tracks by using his personal computer on the Internet system at Emory to download the images. As predators continue to try to develop new methods to feed and download child pornography, we will continue to find them and prosecute them.”.
“Child pornography is one of the most heinous crimes HSI investigates due to the irrevocable harm it inflicts physically and emotionally upon innocent children,” said HSI Atlanta Special Agent in Charge Nick S. Annan. “Those who download these illegal images re-victimize innocent children who’ve already been subjected to unimaginable harm. ICE Homeland Security Investigations is committed to investigating and seeking prosecution of child exploitation cases as one the agency’s highest priorities.”
“This conviction illustrates the outstanding work of law enforcement around the world to investigate and prosecute child pornography cases,” said Vernon Keenan, Director, Georgia Bureau of Investigation. “The GBI will continue to dedicate resources to identify and bring to justice individuals who exploit children.”
According to U.S. Attorney Horn, the charges and other information presented in court: In October 2014, Swiss law enforcement seized a server that was hosting child pornography. Login information from the server showed that someone at Emory University Rollins School of Public Health was using Emory’s Wi-Fi to access child pornography. With cooperation from Emory University’s Information Technology Department, agents were able to determine that Dr. Kevin Sullivan was the person accessing child pornography from the Swiss website.
Dr. Sullivan was a professor in Emory University’s Epidemiology department. Agents obtained a search warrant for Dr. Sullivan’s office and executed it on June 15, 2015. Sullivan was present at the time, but left before agents found child pornography on his personal laptop and external hard drive. When agents went to his house later the same day to arrest him, they found Sullivan there at his home computer. A search of that computer revealed titles suggestive of child pornography, although the files themselves had been deleted. A search of the laptop and hard drive from his Emory office showed that Dr. Sullivan had more than 8,000 files containing child pornography.
Kevin M. Sullivan, 61, of Atlanta, Georgia, was sentenced to six years, six months in prison to be followed by seven years of supervised release, and ordered to pay a fine of $15,000. Sullivan was convicted on these charges on December 1, 2016, after he pleaded guilty.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Georgia Bureau of Investigation.
Assistant United States Attorneys Paul R. Jones and Erin E. Sanders 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
Newnan Woman Sentenced for Financial Aid Fraud and Identity TheftRead the Press Release
NEWNAN, Ga. - Andrea R. Williams has been sentenced to six years and seven months in federal prison for wire fraud and aggravated identity theft for using stolen identities to file dozens of fraudulent federal student aid applications.
“Williams stole the identities of dozens of innocent victims, using them to file fraudulent student aid applications,” said U. S. Attorney John Horn. “Identity theft is a growing problem, one that turns up in every segment of our society. We encourage all citizens to be diligent in checking their credit reports, and monitoring their e-mail and social media for suspicious activity. If something does not seem legitimate, most likely it is not.”
“Federal student aid exists so that individuals can make their dream of a higher education a reality. Ensuring that those who steal student aid – through identity theft or other means - are stopped and held accountable for their criminal actions is a big part of our mission,” said Yessyka Santana, Special Agent in Charge of the U.S. Department of Education Office of Inspector General Southeastern Regional Office. “I’m proud of the work of the Office of Inspector General and our law enforcement partners for their work in this case and we will continue to work together to stop those who steal Federal education funds. America’s students and taxpayers deserve nothing less.”
According to U.S. Attorney Horn, the charges and other information presented in court: From in or about January 2013 until in or about November 2015, Williams filed dozens of fraudulent financial student aid applications (FSA), mostly with community colleges in Dallas County, Texas. The Dallas County Community College network identified similarities in a series of applications and sought assistance from the Department of Education's Office of the Inspector General (OIG). The similarities identified included a common IP address associated with over half of the suspicious applications. Additionally, three of the fraudulent applications listed dependents who were identified as Williams’ minor children. Finally, in one application, Williams signed her own name on paperwork she submitted, instead of the name of the stolen identity she used to file the FSA.
In total, Williams received more than $200,000 in financial aid out of the over $500,000 that she was awarded. When confronted by law enforcement, Williams admitted to this conduct and explained that she stole the identities from the patient database of a healthcare company where she briefly worked. She also admitted to using stolen identities to obtain numerous credit cards which she used to purchase electronics, clothing, and furniture. Finally, she admitted that she forged a doctor's signature on a medical disability statement in order to get approximately $47,000 of her personal education debt discharged.
Andrea R. Williams, 36, of Newnan, Georgia, has been sentenced to six years, seven months in prison to be followed by three years of supervised release, to pay a $200 special assessment, and ordered to pay restitution in the amount of $277,434.50. Williams has been convicted on these charges on October 6, 2016, after she pleaded guilty.
This case was investigated by the Department of Education, Office of Inspector General.
Special Assistant United States 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
Anesthesiologist Sentenced for Illegally Prescribing Oxycodone and Other Prescription PainkillersRead the Press Release
ATLANTA – Dr. Romie Earl Roland has been sentenced to ten years, ten months for conspiring to distribute Schedule II controlled substances by illegally prescribing prescription painkillers for no legitimate medical purpose.
Also indicted and sentenced for their respective roles in the operation of the pain clinic were seven other co-defendants: Anthony Licata, Charlyn Carter, Adrian Singletary, Dante Cummings, Anthony Ferguson, Danny Thompson and Joshua Gadd. Each co-defendant previously pleaded guilty and has been sentenced.
“Physicians, like Roland, take an oath to do no harm, but he ignored his responsibility when he joined with a corrupt clinic owner to make money by selling prescriptions to drug seekers,” said U.S. Attorney John Horn. “Roland only helped to fuel the opiate crisis that plagues our community.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division, said, “It is a sad commentary when a trusted person in the medical community hides behind the veil of legitimacy to commit criminal acts. In addition, owners and operators of pill mills spin a broad web of deception, reeling in casts of thousands who are addicted to pharmaceutical drugs. Because of unified law enforcement cooperation, these individuals will spend well-deserved time in prison.”
“Persons who operate pill mills in the Northern District of Georgia can expect to be investigated, prosecuted, and sent to prison in the same way as other drug traffickers who push poison in our communities,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “The prescriptions obtained from these types of pill mill clinics are most often sold or diverted on the streets, feeding pain pill addictions and ruining families and lives. Our agents will continue to provide their expertise in narcotics cases by investigating money laundering, which was crucial to the prosecution of these defendants.”
According to U.S. Attorney Horn, the charges, and other information presented in court: In late 2012, agents with a special unit within the Drug Enforcement Administration tasked with combating the illegal distribution of prescription drugs, began an investigation into suspicious activity at the Express Health Center clinic in the Buckhead neighborhood of Atlanta. The investigation revealed that Anthony Licata was the principal owner of the clinic and was directly involved in its operation. Licata came to Atlanta for the sole purpose of operating a pill mill. Charlyn Carter was the clinic’s office manager, and would oversee the clinic’s operations when Licata was away. Adrian Singletary was a security guard at the clinic, and he would also assist with patient triage.
While open only two days a week, the clinic serviced an inordinate number of people, most having traveled from out-of-state. Several physicians were associated with this clinic but it was most profitable during Dr. Roland’s tenure. Through the investigation, agents determined that many of Roland’s patients were drug dealers, drug abusers, or both. For at least eight months, Roland prescribed oxycodone, methadone, and Percocet outside the course of professional practice and for no legitimate purpose. Roland failed to fulfill a doctor’s basic obligations to conduct physical examinations of patients and verify patient medical histories.
Dante Cummings, Anthony Ferguson, Danny Thompson, and Joshua Gadd “sponsored” a number of different patients’ visits to the clinic. Specifically, they would contact the clinic and schedule visits for multiple patients. These defendants would supervise the visits, financing the costs of both seeing the doctor as well as filling the prescriptions. The goal of this sponsorship was to procure multiple prescriptions for controlled substances; the prescriptions were then filled, and the narcotics sold for a profit. The majority of the “patients” that were sponsored by these defendants were not actually suffering chronic pain. Instead, these individuals were often addicted to opioids, but received new prescriptions nonetheless.
Over the course of the conspiracy, the clinic moved locations throughout the Atlanta area. Roland was a prescribing physician at each spot: Express Health Center in Buckhead, ATL Pain Institute in Doraville, and Key Pain Center in Lawrenceville. Roland also worked at a separate clinic: Atlanta Pain & Rehabilitation in Southwest Atlanta.
Romie Earl Roland, 57, of Atlanta, Georgia was sentenced by U.S. District Judge Steve C. Jones, to ten years, ten months in federal prison, to be followed by three years of supervised release. All of Roland’s co-defendants entered guilty pleas and were sentenced before Judge Jones for their respective roles, as follows:
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Anthony Bernard Licata II, 31, of Fort Lauderdale, Florida, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances, one count of Maintaining a Drug-Involved Premises, and one count of Conspiracy to Launder Drug Proceeds. On January 25, 2016, Mr. Licata was sentenced to 11 years in federal prison and a $25,000 fine, to be followed by three years of supervised release.
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Charlyn Elizabeth Carter, 44, Austell, Georgia, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances, and one count of Conspiracy Launder Drug Proceeds. On January 25, 2016, Carter was sentenced to six years, six months in federal prison, to be followed by three years of supervised release.
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Adrian Ulysses Singletary, 44, of Atlanta, Georgia, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On January 25, 2016, Singletary was sentenced to three years, ten months in federal prison, to be followed by three years of supervised release.
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Dante Craig Cummings, 28, of Ellenwood, Georgia, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On January 25, 2016, Cummings was sentenced to four years, eight months in federal prison, to be followed by three years of supervised release.
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Danny Ray Thompson, 47, of Happy, Kentucky, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On January 25, 2016, Thompson was sentenced to five years, one month in federal prison, to be followed by three years of supervised release.
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Anthony Wayne Ferguson, 48, of Owingsville, Kentucky, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On February 22, 2016, Ferguson was sentenced to seven years, eight months in federal prison, to be followed by three years of supervised release.
- Joshua James Gadd, 40, of Atlanta, Georgia, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On September 13, 2016, Gadd was sentenced to five years, six months in federal prison, to be followed by three years of supervised release.
The investigation and prosecution of this case was a coordinated effort led by the Drug Enforcement Administration and the Internal Revenue Service - Criminal Investigations, through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program, along with assistance from multiple federal, state, and local law enforcement agencies, including: the U.S. Marshal Service, Fayette County Sheriff's Office, Clayton County Police Department, Pike County Sheriff’s Office, Gwinnett County Sheriff’s Office, Georgia Department of Revenue, Georgia Department of Community Supervision, Atlanta Police Department, Jonesboro Police Department, Johns Creek Police Department, Spalding County Sheriff’s Office, Georgia State Patrol, Kentucky State Police, Georgia Drugs and Narcotics, Georgia Composite Medical Board, and Georgia Bureau of Investigation. The U.S. Attorney’s Office for the Southern District of Florida also assisted with the investigation.
Assistant U.S. Attorneys C. Brock Brockington, Cassandra J. Schansman, and Michael J. Brown, 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.com.
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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
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State Inmate Sentenced to Prison for Distributing Methamphetamine and Heroin from PrisonRead the Press Release
ATLANTA - Kevin Bristol Patterson has been sentenced to 18 years, four months in federal prison for his role in distributing methamphetamine and heroin while incarcerated at Ware State Prison in Waycross, Georgia.
“Patterson’s determination to commit crimes was not dampened by his incarceration,” said U.S. Attorney John Horn. “Despite being in prison, he conspired to distribute methamphetamine and heroin outside of jail using a contraband phone. This case represents another example of the dangers that contraband cell phones inside of the prison system pose to our citizens outside the prison.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Filed Division commented, “DEA is fully committed to tirelessly pursuing criminals who sell copious quantities of drugs, whether it’s on the streets or inside of a prison, as was the case in this investigation. This incarcerated career-criminal continuously arranged drug deals outside of prison, which will land him even more time in prison. The spirited level of law enforcement cooperation made this investigation a success.”
“We appreciate the ongoing efforts by our law enforcement partners to assist with halting criminal enterprise within our prisons, and we are pleased with the outcome of this case,” said GDC Commissioner Gregory C. Dozier. “I am proud of our Special Agent assigned to this case for his role in bringing this scheme to the forefront,” continued Dozier.”
According to U.S. Attorney Horn, the charges and other information presented in court: Despite being incarcerated at Ware State Prison, Patterson, using a contraband cellphone, continued arranging drug deals outside the prison wall.
Also serving time at Ware State Prison was co-defendant Alex Mauricio Altamirano who supplied the link to his nephew, Denis Miguel Pineda, an Atlanta drug trafficker. Using a contraband cellphone, Patterson introduced a drug buyer to Pineda. The buyer had spent time in prison with Patterson, but was now working with the police. In exchange for the introduction, Patterson expected the buyer to give him $500 every time the buyer bought drugs from Pineda. Patterson, Pineda, and Altamirano all discussed the price of narcotics and the time and place of the sales with the buyer in extensive, recorded telephone conversations.
In total, Pineda sold 649.9 grams of methamphetamine and 334 grams of heroin in five separate transactions to the buyer from July 2014 through October 2015. Police seized all the drugs before they could hit the streets. Pineda agreed to sell another kilogram of methamphetamine on November 4, 2015, but was arrested before he could make the sale. After his arrest, Altamirano assured the buyer that Altamirano could arrange for someone else to provide the promised narcotics. He and Patterson, both of whom were incarcerated, were then transferred to federal custody before they could complete the sale.
On August 10, 2016, Patterson pled guilty to one count of conspiring to distribute methamphetamine and heroin and five counts of possessing methamphetamine and heroin with the intent to distribute them.
Kevin Bristol Patterson, 35, of Blairsville, Georgia, was sentenced today by U.S. District Judge Eleanor L. Ross to 18 years, four months in federal prison to be followed by five years of supervised release, and a $600 special assesment. Pineda and Altamirano had previously been sentenced:
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Pineda, 30, of Atlanta, Georgia, was sentenced to 12 years, seven months of imprisonment, followed by five years of supervised release after pleading guilty. Pineda was convicted on May 23, 2016.
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Altamirano, 26, of Norcross, Georgia, was sentenced to 10 years of imprisonment, followed by five years of supervised release after pleading guilty to the conspiracy charge. Altamirano was convicted on May 11, 2016.
This case is being investigated by the Drug Enforcement Administration.
Assistant United States Attorney Vivek Kothari 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.com.
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.
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College Park Men Sentenced for String of Drug Store Robberies in Cobb CountyRead the Press Release
ATLANTA - Dave Montonio Sturgis, Jr., has been sentenced to 32 years in federal prison for robbing three drug stores in Cobb County, Georgia, in June 2015. Sturgis’ co-defendant and robbery partner Lloyd Nathaniel Joyner, a/k/a Zulu, a/k/a Zu, was sentenced on January 12, 2017, to 40 years in prison for the three robberies he committed with Sturgis and three other robberies he committed in May and early June 2015 in Atlanta and Cobb County.
“This crew had had little regard for the lives of the employees they robbed, and no fear of being caught,” said U.S. Attorney John Horn. “Thankfully, one alert Lawrenceville Police Department officer quickly identified similarities in the robberies, and started putting the team together to catch them before they harmed anyone. Local law enforcement agencies teamed with the FBI to stop this violent robbery crew, and we are grateful for their hard work in this case.”
“The sentencing of Dave Sturgis, Jr. highlights the intensive joint investigation addressing a string of violent commercial robberies within the metro Atlanta area. The removal of Sturgis and his partner, Lloyd Joyner, from our streets will indeed have a positive impact on our community crime wise and we have many dedicated detectives, investigators, agents and prosecutors to thank for making this happen. The FBI’s Atlanta Field Office will continue to work with its many law enforcement partners in aggressively addressing violent crime in Atlanta and throughout Georgia as a whole,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“This conviction illustrates the great work of law enforcement in investigating and prosecuting armed robberies in Georgia. The Georgia Bureau of Investigation remains committed to working with our local and federal partners to pursue these vicious crimes,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
“I am pleased with the efforts of several law enforcement agencies working together to bring violent criminals to justice,” said Randy Johnson, Chief of the Lawrenceville Police Department. “We emphasize the need for agencies to work together and share information in order to stop violent crime. Criminals do not recognize jurisdictional limits, nor do they confine their activities to a single jurisdiction. Lawrenceville Police detective Justin Hipps, who recognized the similarity in crimes occurring across metro-Atlanta, did a great job to bring agencies together to share information. We are proud of his tenacious efforts in investigating these crimes.”
According to U.S. Attorney Horn, the charges and other information presented in court: Joyner and Joseph Stowers—who pleaded guilty before Joyner and Sturgis’ trial—robbed CVS and Walgreens drug stores in Marietta, Smyrna, and Atlanta, in May and June 2015. They followed a pattern by dressing in black hooded sweatshirts, their faces masked, and brandishing semiautomatic pistols when they burst into the stores near closing time or, in the case of 24-hour stores, after midnight, when the stores were empty of customers. They terrorized employees by rounding them up and taking them to the store office, where they demanded that the manager open the safe, while the other employees were forced to lay face-down on the floor. In some instances, the robbers were limited to taking cash from cash registers. They also took the wallets and cell phones of several employees during the robberies, and then fled.
A detective from the Lawrenceville Police Department was the first to identify these crimes were a related series of robberies, and put together the task force that established that these robberies were related. Part of the evidence produced at trial were videos of the three defendants with large stacks of cash and guns after the robberies occurred.
After six days of trial in September 2016, in federal court in Atlanta, the jury convicted Joyner of robbing a CVS in Marietta, on May 27, 2015; a CVS in Atlanta, on June 4, 2015; and a CVS in Smyrna, also on June 4, 2015.
Sturgis joined the robbery crew in mid-June 2015, as the driver. He also entered the stores prior to the robberies to scout the targets. Joyner and Sturgis were convicted by a jury of robbing a Walgreens in Smyrna, on June 16, 2015; a Walgreens in Marietta, on June 18, 2015; and a CVS in Marietta, on June 19, 2015. The jury also convicted Joyner and Sturgis of aiding and abetting each other in the brandishing of firearms in the robberies on June 16, 18, and 19. FBI agents and task force officers arrested Joyner and Sturgis outside of a CVS in Marietta on June 24, 2015.
Dave Montonio Sturgis, Jr., 25, of College Park, Georgia, was sentenced to 32 years, to be followed by three years of supervised release, and to pay restitution of $7,130 to Walgreens and CVS.Lloyd Nathaniel Joyner, a/k/a Zulu, a/k/a Zu, 25, of College Park, was sentenced to prison for 40 years, to be followed by five years of supervised release.
Stowers is scheduled to be sentenced March 23, 2017.
This case was investigated by the Federal Bureau of Investigation, the Georgia Bureau of Investigation, and the Lawrenceville Police Department.
Assistant United States Attorneys Mary Webb and William Traynor 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 Store Owner Found Guilty of Operating Black Market for Fraudulent and Stolen PhonesRead the Press Release
ATLANTA - Tony Archie has been found guilty after a seven-day trial of wire fraud conspiracy, wire fraud, mail fraud and money laundering. Archie, while the manager of ACE Wholesale and later the owner of Westside Wireless, bought tens of thousands of brand new cell phones from sellers who obtained them through fraudulent means.
“Archie created and maintained a black market for illegal cell phone sales in Atlanta,” said U.S. Attorney John Horn. “Despite previous warnings, he pursued the easy money that came from trafficking in fraudulent cell phones. The jury, however, saw this activity for what it was, and returned a guilty verdict.”
“The Office of the Attorney General applauds the jury’s guilty verdict against Tony Archie,” said Attorney General Chris Carr. “I am especially proud of the work of our Consumer Protection Unit’s Criminal Investigation Division for initiating and investigating this case. Our former Criminal Investigator Richard Schneider and Criminal Analyst Tara Tripp worked diligently to develop crucial evidence and provide vital support throughout. I congratulate our partners in the U.S. Attorney’s Office of the Northern District of Georgia for a successful prosecution, and we look forward to continuing to work with them in eliminating truly bad actors from conducting illegitimate business in Georgia.”
“This case illustrates not just the significance of an aggressive and tenacious approach to combat these types of fraud, but also illustrates the importance of partnerships with federal and state law enforcement agencies,” said Kenneth Cronin, Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. “We will continue to work closely with prosecutors to ensure offenders like Archie are put behind bars.”
“Pretending to operate legitimate businesses will not thwart law enforcement’s efforts in determining the true nature of the businesses and the crimes they promote,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “The verdict in the trial of Tony Archie clearly illustrates that individuals who engage in these types of illegal activities will not go undetected and will be held accountable for their actions.”
According to U.S. Attorney Horn, the charges and other information presented in court: Archie became the manager of ACE Wholesale in 2011, shortly after it opened in the Atlanta area. The store’s main function was to buy brand new cell phones that would later be shipped and sold overseas. ACE’s sellers obtained the new cell phones at below-market cost by entering or causing others to enter into cell phone carrier contracts they had no intention of honoring; hijacking or creating corporate identities to establish fraudulent business accounts with cell phone carriers; and by filing fraudulent cell phone insurance claims to get brand new replacement phones.
In less than two years, ACE paid out over $63 million, with over $20 million going to just 52 sellers who repeatedly brought in new phones to the store. In August 2012, ACE shut down after law enforcement executed a search warrant at the store. Within two months, Archie opened Westside Wireless where he continued to buy fraudulently obtained, brand new cell phones. At Westside Wireless, Archie paid out over $8 million more for new cell phones.
Tony Archie, 52, of Atlanta, Georgia, was charged with wire fraud conspiracy, six counts of wire fraud, two counts of mail fraud, and five counts of money laundering. A jury found Archie guilty on all counts.
Sentencing is scheduled for May 16, 2017, at 2:00 p.m. before United States District Judge Mark H. Cohen.
This case is being investigated by the U.S. Secret Service, the Internal Revenue Service Criminal Investigation, and the Georgia Attorney General’s Office - Consumer Protection Unit.
Assistant United States Attorney Samir Kaushal and Special Assistant United States Attorney Diane C. Schulman 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 Man Convicted of Illegally Importing and Distributing Male Enhancement Products from ChinaRead the Press Release
ATLANTA - Ismail Ali Khan has been convicted following a six-day jury trial of conspiracy, illegal importation of misbranded drug products from China, receiving misbranded drugs that had moved in interstate commerce, and making false statements in order to become a naturalized U.S. citizen.
“Khan led a conspiracy that caused misbranded drugs to be illegally imported and distributed in the Atlanta area and throughout the southeastern United States,” said U. S. Attorney John Horn. “Because the labeling on the products failed to warn consumers of the dangers in taking the products, consumers’ health and safety were placed in jeopardy by Khan’s conduct.”
“Distributing unapproved and misbranded drugs disguised as all-natural supplements places the U.S. public health at risk,” said Justin Green, Special Agent in Charge, FDA Office of Criminal Investigations’ Miami Field Office. “We will remain vigilant in our efforts to protect American consumers from these fraudulent and potentially dangerous products.”
According to U.S. Attorney Horn, the charges and other information presented in court: In early 2011, Khan and his brother, Ahmed Ali Khan, began ordering male enhancement products from China marketed under names such as “Maxman,” “Herb Viagra,” “Rock Hard Weekend,” “Stiff Nights,” “Happy Passengers,” “Hard Ten Days,” “Zhen Gongfu,” and “African Black Ant.” These products contained sildenafil, the active pharmaceutical ingredient in Viagra, and/or tadalafil, the active pharmaceutical ingredient in Cialis. Both Viagra and Cialis can be obtained in the U.S. only with a prescription from a doctor.
However, the labeling for the products that Khan and his brother imported and distributed did not state that they contained sildenafil or tadalafil. Instead, the products were misleadingly labeled as “all-natural” and “herbal.” The labeling for the products also failed to warn consumers about the medical risks associated with taking sildenafil and tadalafil.
Khan and his brother illegally imported these drugs from China by having shippers in China falsely declare on the Customs declaration attached to the shipping boxes containing the products that the boxes contained “tea,” “coffee,” “beauty products,” and other false entries.
In order to evade detection by authorities, Khan, his brother, and their co-conspirators used multiple mailing addresses rented in multiple business names at locations in the Atlanta, Georgia, metropolitan area to receive the shipments from China. Khan and his co-conspirators would then move the products to storage units where they would prepare orders for wholesale distributors of the products. Khan and his co-conspirators used aliases, false addresses, and fake business names to misrepresent the nature of their business when renting the storage units and mail boxes.
In August 2013, during the course of the conspiracy, Khan applied to become a naturalized U.S. citizen. On the application form, Khan falsely stated that he had never committed a criminal offense for which he had not been arrested. Then on January 6, 2014, in an interview with Citizenship and Naturalization Services, and again on March 14, 2014, just before he took the oath to become a naturalized citizen, Khan falsely stated that he had never committed a crime for which he had not been arrested. Based upon Khan’s false statements, he became a naturalized U.S. citizen on March 14, 2014.
Ismail Ali Khan, 29, of Decatur, Georgia, was convicted on Monday, February 13, 2017. Sentencing for Khan is scheduled for April 27, 2017, at 10:00 a.m., before U.S. District Judge Steve C. Jones. Khan was arrested on May 29, 2014, and he has remained in custody since his arrest. At his sentencing hearing, Judge Jones will sign an order that revokes Khan’s U.S. citizenship.
This case was investigated by the Food and Drug Administration, Office of Criminal Investigations, the United States Postal Inspection Service, and Homeland Security Investigations.
Assistant United States Attorneys William L. McKinnon, Jr. and Trevor C. Wilmot 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-area Dentist Sentenced for nearly $1 Million in Medicaid FraudRead the Press Release
ATLANTA – Dr. Oluwatoyin Solarin has been sentenced to one year, six months in federal prison for filing false claims with the Georgia Medicaid program totaling nearly $1 million.
“Solarin cheated the Medicaid program by submitting fraudulent claims, even billing the government for procedures she allegedly performed at the same time she was out of the country,” said U.S. Attorney John Horn. “The wealth she amassed through her scheme will now be forfeited and paid back to the government.”
“Solarin abused her position of trust and stole money from the taxpayers for her own enrichment," said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. "Today’s sentencing exemplifies the OIG’s commitment to investigate Medicaid fraud schemes together with our law enforcement partners and bring these perpetrators to justice.”
“Rooting out health care fraud is central to the well-being of both our citizens and the overall economy. Schemes that steal money from the Medicare program harm taxpayers and raise healthcare costs,” said Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “The sentencing of Dr. Solarin is a prime example of the Department of Justice’s focus on protecting the assets of the Medicare program and the health of Americans who participate in it.”
“I am proud of the collaborative efforts that led to this successful prosecution,” said Attorney General Chris Carr. “The Office of the Attorney General stands ready to work with our federal and local partners to ensure that those who participate in criminal activity are brought to justice, particularly when that activity jeopardizes the medical care of those who are truly in need and wastes taxpayer dollars.”
According to U.S. Attorney Horn, the charges and other information presented in court: Oluwatoyin Solarin was a dentist who owned and operated a dental care practice known as “Care Dental” with locations in Doraville and Duluth, Georgia. From 2009 through 2013, Solarin caused false claims to be submitted to the Georgia Medicaid Program and the Peach State Health Plan of Georgia Medicaid. Various claims listed Solarin as the treating dentist on days that she was not even in the U.S. In other instances, Solarin caused Care Dental to bill for patients who were ineligible for Medicaid services. When patients whose eligibility for Medicaid services had expired were brought to Care Dental, Solarin instructed an employee to “backdate” the claims to false dates that resulted in successfully paid claims for reimbursement.
As a result of Solarin’s fraud scheme, Care Dental received $996,862.19 in fraudulent Medicaid claims. Solarin used much of this money to purchase real estate throughout the Atlanta area. Pursuant to her plea agreement, Solarin agreed to repay the ill-gotten money she received during this scheme and has agreed to forfeit her interest in over a dozen real estate properties.
Dr. Oluwatoyin Solarin was sentenced to one year, six months in prison to be followed by three years of supervised release. Dr. Solarin was also was ordered to pay $996,862.19 in restitution and forfeit her interest in over a dozen real estate properties. She was convicted of this charge on November 9, 2016, after pleading guilty.
This case was investigated by Special Agents of the Department of Health and Human Services, the Internal Revenue Service, and Investigators from the Georgia Medicaid Fraud Control Unit and the Georgia Department of Community Health.
Assistant United States Attorney Thomas J. Krepp and Georgia Assistant Attorney General Lyndie M. Freeman 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Second Construction Company Owner Charged with Conspiring to Pay Bribes for City of Atlanta ContractsRead the Press Release
ATLANTA – Charles P. Richards, Jr., has been arraigned on conspiratorial bribery charges for paying over $185,000 to obtain City of Atlanta contracts.
“From approximately 2010 to August 2015, Richards conspired with E.R. Mitchell to buy lucrative construction-related contracts with the City of Atlanta,” said U.S. Attorney John A. Horn. “Contractors who willingly participate in a pay-to-play contracting system subvert the process for those who try to compete fairly and ultimately undermine the public’s trust in government.”
“The arraignment of Mr. Richards illustrates once again that providing bribes in order to obtain government contracts, be it city, state, or federal, can land you in the defendant’s chair as easily as for those accepting the bribes. The FBI continues to work diligently with its various law enforcement partners and federal prosecutors in identifying, investigating, and presenting for prosecution all individuals engaged in these types of criminal public corruption schemes that undermine the legitimate and established practices of government,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“The citizens of Atlanta must be able to trust that government officials will perform their duties in the best interests of the communities they serve,” said Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “Charles Richards Jr. undermined the process of fair and open competition when he conspired with others to pay bribes in exchange for securing lucrative contracts with the City of Atlanta. Today’s announcement demonstrates our commitment to work in a collaborative effort to promote honest and ethical government at all levels.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Richards serves as the owner and/or principal of the construction companies C.P. Richards Construction Co., Inc., and C.P. Richards & Associates, Inc.
In an effort to obtain construction-related contracts with the City of Atlanta, Richards and defendant Elvin R. Mitchell, Jr. conspired to pay an individual to obtain government contracts. From approximately 2010 to August 2015, Richards paid over $185,000 to an individual in exchange for City of Atlanta contracts, believing that some of the money would be paid to city official/s who exercised influence over the contracting process.
Charles. P Richards, Jr., 64, of Tucker, Georgia, was charged by information and will plead guilty on February 16, 2017, before the U.S. District Court Judge Steve C. Jones.
This case is being investigated by the Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation.
First Assistant United States Attorney Kurt R. Erskine and Assistant United States Attorneys Jeffrey W. Davis, and Jill Steinberg, 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.
Man Sentenced to Five Years in Prison for Trafficking Firearms to GuyanaRead the Press Release
ATLANTA - Jermine T. Prosper was sentenced to five years in prison for smuggling and trafficking approximately 50 firearms to Guyana during a two-year period. Prosper legally purchased the firearms in the Atlanta area with the intention of smuggling the guns to Guyana and later selling them there.
“Prosper smuggled the firearms he purchased in Atlanta to his home country of Guyana, knowing that those weapons would be sold on the streets,” said U. S. Attorney John Horn. “His greed mattered more than the danger these firearms posed to the citizens of Guyana. This successful prosecution reflects federal law enforcement’s dedication to combating illegal firearms smuggling, whether here or abroad.”
“Criminals must understand that there are serious repercussions for illegal trafficking of firearms. ATF and our law enforcement partners will contribute all necessary time and effort to ensure that these criminals are brought to justice,” said Special Agent in Charge Wayne Dixie.
“Identifying and stopping the Illegal exportation of weapons is one of HSI's highest priorities to stem the flow of violence by criminal networks,” said ICE Homeland Security Investigations Atlanta Special Agent in Charge Nick S. Annan. “This case illustrates the excellent collaborative partnership between HSI and ATF working together to achieve a common goal.”
According to U.S. Attorney Horn, the charges and other information presented in court: Between October 2013 and November 2015, Prosper, a lawful permanent U.S. resident, purchased over 50 firearms from two local federal firearms licensees, including 34 nine millimeter pistols, eight .380 caliber pistols and six .25 caliber pistols. Prosper subsequently hid the firearms in shipping barrels and then smuggled them to Guyana where an unknown associate sold them on the streets.
In early 2016, Prosper sold multiple firearms to a fellow Guyanese national who intended to ship them to Guyana. Because Prosper had successfully smuggled firearms from the United States, he offered to smuggle the firearms to Guyana on that person’s behalf. During their final transaction in April 2016, Prosper sold four additional firearms to this Guyanese national. Prior to delivering the firearms, Prosper obliterated the serial numbers on the weapons so they would not be traced back to him.
Jermine T. Prosper, 39, of Conyers, Georgia, was sentenced to five years in prison, to be followed by three years of supervised release. Prosper was convicted for violating Title 18, United States Code, §§ 922(a)(1)(A) and 923(a); and for violating Title 18, United States Code, § 924 (a)(1)(A) on February 2, 2017, after he pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States Attorneys Tracia M. King and Phyllis Clerk 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.
Six Indicted for Burglarizing Gun Stores in Three States and Trafficking FirearmsRead the Press Release
ATLANTA - Devonnaire Coffey, Darryle Butler, Bilal Maxey, Natasha Turner, Asia Keith, and Prather Abrams, have been arraigned on federal charges of conspiracy to steal 129 firearms from gun stores in Georgia, North and South Carolina. Coffey, Butler, Turner, and Keith were additionally charged with theft of firearms and possession of stolen firearms. Butler further faces charges of felon in possession of a firearm.
“We’ve seen a recent uptick in gun store burglaries in the district,” said U.S. Attorney John Horn. “The theft of firearms, and subsequent illegal trafficking of them, unfortunately leads to more gun violence in our community.”
“The indictment of these individuals is the result of ATF successfully working in collaboration with our state and local partners to aggressively investigate the theft of firearms from federal firearms licensees. Unfortunately, all too often, these stolen firearms go directly into the hands of violent criminals and are eventually recovered at crime scenes in our own communities and in other regions of the country. ATF remains committed to continuing to combat violent crime and the trafficking of stolen firearms,” said Special Agent in Charge CJ Hyman, ATF Charlotte Field Division.
According to U.S. Attorney Horn, the charges, and other information presented in court: Devonnaire Coffey, Darryle Butler, and Bilal Maxey allegedly burglarized gun stores in Georgia and North Carolina, where 129 firearms were stolen. Asia Keith and Natasha Turner allegedly served as lookouts during the burglaries. According to the indictment, Coffey, Butler, Maxey, Keith, and Turner attempted to burglarize three additional gun stores in Georgia and South Carolina. Prather Abrams allegedly participated in one of the burglaries in Georgia. Coffey and Butler sold the stolen firearms shortly after stealing them.
The multiple burglaries and attempted burglaries occurred at stores in McDonough, and Canton, Georgia, Charlotte and Rocky Mount, North Carolina, and Rock Hill, South Carolina.
Devonnaire Coffey, 26, Darryle Butler, 27, Bilal Maxey, 24, all of Augusta, Georgia, and Prather Abrams, 35, of Decatur, Georgia, were arraigned before U.S. Magistrate Judge Catherine M. Salinas. Natasha Turner, 25, of Augusta, Georgia, was arraigned before U.S. Magistrate Judge Russell G. Vineyard. Asia Keith, 20, of Augusta, Georgia, was arraigned before U.S. Magistrate Judge Justin S. Anand. Coffey, Butler, Maxey, Turner, Keith and Abrams were indicted by a federal grand jury on December 6, 2016.
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, Henry County, Georgia Police Department, Rocky Mount, North Carolina Police Department, Charlotte-Mecklenburg, North Carolina Police Department, Holly Springs, Georgia Police Department, and Rock Hill, South Carolina Police Department. ATF Regional Anti-Gang Enforcement (RAGE) Unit. RAGE is a joint gang/violent crime task force with members from ATF, North Augusta Department of Public Safety, Aiken County Sheriff’s Office, Aiken Department of Public Safety, Richmond County Sheriff’s Office and the South Carolina Law Enforcement Division.
Assistant U.S. Attorneys Jennifer Keen and Stephanie E. Gabay-Smith 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.
Pain Management Physician Resolves False Claims Act AllegationsRead the Press Release
ATLANTA – Pain management physician Dr. Robert Windsor has agreed to the entry of a $20 million consent judgment to resolve allegations that he violated the False Claims Act by billing federal health care programs for surgical monitoring services that he did not perform and for medically unnecessary diagnostic tests. Dr. Windsor owned pain management clinics in Georgia and Kentucky that operated under the umbrella of National Pain Care, Inc.
“Windsor placed patients at risk by claiming that he was monitoring the neurological health of patients during surgery when he actually had an unqualified medical assistant do the work,” said U.S. Attorney John Horn. “Windsor unfortunately put his own interests above the health and safety of his patients.”
“Dr. Windsor placed personal gain above all else in his medical practice,” said Carlton B. Shier, Acting U.S. Attorney for the Eastern District of Kentucky. “In doing so, he put his patients at risk, and defrauded the United States. We will use every tool at our disposal to protect vital healthcare programs from those who seek unearned profit at the taxpayers’ expense.”
“Providing medically unnecessary services to a vulnerable population, such as Medicare beneficiaries, places patients at risk and jeopardizes millions of taxpayer dollars,” said Derrick Jackson, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General. “HHS-OIG is committed to safeguarding the federal health care programs and the patients receiving medical services. Today’s settlement should send a message to others who profit from schemes abusing patient safety that we will pursue justice for our beneficiaries and the programs.”
“The announced monetary settlement involving Dr. Robert Windsor is a direct result of several years of hard work by federal agents and prosecutors as they pursued and enforced rampant violations of the federal False Claims Act. The FBI continues to play a key role in identifying, investigating, and presenting for prosecution individuals such as Dr. Windsor who target and negatively impact our federal health care programs,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program,” said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS aggressively investigates health care providers that defraud the DoD, to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees.”
“The Georgia Department of Law will continue to work with our federal and local partners to pursue resolutions against those who threaten the medical care of Georgia citizens and misuse taxpayer dollars,” said Chris Carr, Attorney General for the State of Georgia.
The government alleges that Dr. Windsor engaged in two schemes. First, the government alleges that Dr. Windsor caused the submission of false claims to Medicare, TRICARE, and FEHBP for the online, real time intraoperative monitoring of surgeries that Dr. Windsor did not personally monitor, that were not monitored by a physician, and that Dr. Windsor falsely represented had been monitored by him during the period from January 1, 2008 through July 22, 2013. On October 24, 2016, Dr. Windsor was sentenced to three years, two months in federal prison and three years of supervised release in connection with this conduct.
The government also alleges that Dr. Windsor submitted or caused the submission of false claims to Medicare, the Georgia and Kentucky Medicaid programs, TRICARE, and FEHBP for medically unnecessary balance tests, nerve conduction and electromyography procedures, and qualitative drug screens performed in Georgia and Kentucky during the period from January 1, 2010 through June 30, 2014.
In order to satisfy the $20 million consent judgment, Dr. Windsor will sell all but one of his residential and commercial properties and pay the net sale proceeds to the government. Dr. Windsor will also sell certain other assets, including two boats and four jet skis, and pay the net sale proceeds to the government.
The settlement resolves two lawsuits filed by three whistleblowers, Kris Frankenberg, Stephanie Herder, and Bradley Davis, under the qui tam provisions of the False Claims Act. Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. lawsuits resolved are captioned United States ex rel. Frankenberg v. Windsor et al., No. 1:12-cv-3114 (N.D. Ga.), and United States ex rel. Herder et al. v. National Pain Care, Inc., et al., No. 14-cv-00221 (E.D. Ky.).
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.4 billion through False Claims Act cases, with more than $19.6 billion of that amount recovered in cases involving fraud against federal health care programs.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the Eastern District of Kentucky, the U.S. Department of Health & Human Services Office of Inspector General, the Federal Bureau of Investigation, and the Defense Criminal Investigative Service.
The civil settlement was reached by Assistant United States Attorneys Lena Amanti (Northern District of Georgia) and Paul McCaffrey (Eastern District of Kentucky).
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.
Georgia Tax Return Preparer Sentenced to Prison for Filing Fraudulent ReturnsRead the Press Release
An Atlanta, Georgia based tax return preparer was sentenced to 150 months in prison today for filing tax returns fraudulently claiming more than $20 million in refunds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney John A. Horn for the Northern District of Georgia.
According to documents filed with the court, Cheryl Singleton, 29, owned and operated Advanced Tax Services, a tax preparation business with multiple locations throughout the Atlanta area. Singleton hired and trained employees to prepare fraudulent tax returns and encouraged them to manipulate the numbers to maximize their clients’ refunds. From 2011 through 2016, Singleton and her employees included false dependents and fraudulent Schedule C businesses on their clients’ returns in order to inflate their refunds.
Singleton and her employees also manipulated other individuals into providing their personal identification information by telling them they could qualify for an “Obama Stimulus” payment. and others used these individuals’ personal identification information to file fraudulent income tax returns in their names, without their knowledge or consent. In addition, attempted to defraud USAA, a financial institution serving military members and their families, out of more than $421,000 in fraudulent loans and lines of credit. used stolen and fake identities to try and open accounts, obtain credit cards and obtain loans from USAA.
Singleton previously pleaded guilty on Aug. 2, 2016 to wire fraud. In addition to the prison term imposed, Singleton was ordered to serve three years of supervised release and to pay $5,100,129.41 in restitution, including $4,944,524 to the Internal Revenue Service (IRS) and $105,597 in restitution to USAA.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Horn commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Trial Attorney Melanie Smith of the Tax Division and Assistant U.S. Attorney Samir Kaushal of the Northern District of Georgia, who prosecuted this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Atlanta Man Sentenced to 11 Years in Prison for Armed Carjacking at a College Park Gas StationRead the Press Release
ATLANTA - Dontrail Xavier Roundtree has been sentenced to 11 years, nine months in prison for an armed carjacking in College Park, Georgia, last year. Roundtree stole a car at gunpoint at a gas station, led police on a high-speed chase, tried to flee after crashing the stolen vehicle, and then fought with police officers trying to take him into custody.
“Roundtree victimized an innocent citizen and placed the lives of other citizens and police officers in danger when he led police on a high-speed chase,” said U. S. Attorney John Horn. “The public can rest easier knowing that law enforcement put an end to Roundtree’s crime spree.”
“The sentence that Roundtree received represents the seriousness of his crime, and this is just another example of ATF’s commitment in combating violent crime to protect our communities,” said ATF Special Agent in Charge Wayne Dixie.
According to U.S. Attorney Horn, the charges and other information presented in court: On January 26, 2016, Roundtree approached a patron at a gas station in College Park, pulled a .45 caliber semi-automatic pistol and demanded the victim’s car keys. Roundtree then fled in the victim’s car. After a witness called 911, a College Park Police Officer attempted to pull Roundtree over in the stolen vehicle. Roundtree then sped off.
A chase ensued on I-285 with speeds approaching 130 miles per hour. Roundtree finally crashed the car into a ditch upon exiting the interstate, and then ran while being pursued on foot by officers. Once apprehended, he was combative and kicked one officer as the officers tried to place him in custody.
Dontrail Xavier Roundtree, 24, of Atlanta, Georgia, was sentenced by U.S. District Judge Steve C. Jones to 11 years, nine months in prison to be followed by five years of supervised release. Roundtree was convicted of these charges on November 7, 2016, after he pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant United States Attorney 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.
Leader of Stolen U.S. Treasury Check Ring SentencedRead the Press Release
ATLANTA – Milton Minter a/k/a White Boi has been sentenced as one of the leaders of a group that stole over $10 million in U.S. Treasury checks and cashed them at Walmart and Kroger stores using fake identifications.
“Minter was one of the leaders of a theft ring responsible for stealing over 6,000 checks,” said U.S. Attorney John Horn. “When criminals steal Treasury checks, they victimize senior citizens, the disabled, and veterans who depend on these funds for their well-being.”
“The success of this investigation is a directly attributable to the other federal agencies that partnered with the Secret Service to bring this ring to justice," said Kenneth Cronin, Special Agent in Charge of the U. S. Secret Service, Atlanta Field Office. "It is immensely satisfying to see those who prey on the vulnerable among us punished.”
“As a result of coordinated investigative efforts, the sentence handed down in this case will send a clear message to mail thieves that you will be vigorously pursued and brought to justice. I fully commend the hard work and countless hours put forth by the Stolen Treasury Check Task Force, which resulted in the arrest and prosecution of this individual and the other co-defendants in this case,” said Paul D. Mezzanotte, Acting U.S. Postal Inspector in Charge of the Charlotte Division. “An important part of the U. S. Postal Inspection Service mission is to ensure public trust in the mail and to defend the nation’s mail system from illicit financial gain.”
“Social Security payments are intended to benefit some of our most vulnerable citizens, including seniors and the disabled, so leading a scheme to steal millions of dollars in government checks is an intolerable offense,” said Margaret Moore-Jackson, Special Agent-in-Charge of the Social Security Office of the Inspector General’s Atlanta Field Division. “The SSA OIG is committed to working with the Stolen Treasury Check Task Force to detect and investigate government check theft, and we thank the U.S. Attorney’s Office in Northern Georgia for prosecuting this significant case.”
“The United States Postal Service Office of Inspector General takes allegations of mail theft seriously and vigorously investigate these matters to protect the overall integrity of the Postal Service,” said Special Agent in Charge Paul L. Bowman.
Robert A. Bourbon, Special Agent in Charge of the DOJ OIG’s Miami Field Office said, “The DOJ OIG very much appreciates the diligent efforts of our fellow law enforcement agencies in bringing this matter to such a successful conclusion.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Milton Minter a/k/a White Boi, received stolen U.S. Treasury checks that were taken from the U.S. Mail before reaching their intended recipients. The stolen checks included tax refunds, Social Security benefits, and veteran’s disability checks. After receiving the checks, Minter provided them to check cashers who negotiated the stolen checks, mainly at Walmart and Kroger stores. The check cashers used fake driver’s licenses to pose as the check payees and forged the payees’ names on the back of the checks. They also used others’ Social Security numbers to cash the checks.
In an effort to avoid detection, they traveled to different states, including Alabama, Mississippi, Illinois, Michigan, Minnesota, Kentucky, Iowa, Louisiana, and Tennessee, to cash the stolen checks. The ring was responsible for cashing over 6,000 stolen U.S. Treasury checks worth over $10 million.
The indictment in this case charged Minter along with 15 other defendants. The indictment alleges that another leader of the group, Maurice Shuler a/k/a Fred, 27, of Atlanta, Georgia, also received stolen U.S. Treasury checks and provided them to check cashers. The remaining defendants are alleged to have worked with Minter and Shuler and cashed checks as part of the scheme. To date, eight of the other 15 defendants have pleaded guilty. Seven of those defendants have been sentenced so far, to jail terms spanning from two to seven years.
Minter, 32, of Riverdale, Georgia, was sentenced by U.S. District Judge Timothy C. Batten, Sr. to 10 years in prison to be followed by three years of supervised release, and ordered to pay a $75,000 fine. He was convicted of theft of government money and aggravated identity theft after pleading guilty on May 31, 2016.
This case is being investigated by the United States Secret Service; United States Postal Inspection Service; Social Security Administration, Office of Inspector General; United States Postal Service, Office of Inspector General; and Department of Justice, Office of the Inspector General.
Assistant United States Attorneys Stephen H. McClain and Christopher C. Bly 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 Heroin Trafficking Ring Convicted of Distribution in English Avenue CommunityRead the Press Release
ATLANTA - Bernard Stokley, a/k/a Big Pat, Tobias Ellison, Alvin Hughley, a/k/a Alvin Beasley, and Vance Hoard, a/k/a Bernard Hoard, a/k/a Vance Holland, all of Atlanta, have pleaded guilty to conspiracy to distribute heroin in Atlanta’s English Avenue community. The defendants advertised their heroin on Facebook, and accepted orders over the telephone and through social media including Facebook and Snapchat. Law enforcement learned of their criminal activity from a citizen’s tip to the Atlanta Police Department’s Crime Stoppers tip-line.
“Dismantling this heroin ring illustrates the changing nature of the heroin market in the English Avenue community,” said U.S. Attorney John Horn. “Where the dealers used to sell openly on every corner, they now have to arrange their sales via telephone or social media. And, as demonstrated by the brave citizen who called Crime Stoppers, the residents of English Avenue are no longer willing to tolerate this business in their community, and they are empowered to call police to help get rid of it.”
“The successful conviction of these four defendants who were selling poison in the English Avenue community is an excellent example of the success that can be achieved when community members and law enforcement partners work together to identify problems that have a negative impact on our overall quality of life in our community,” said James M. Deir, Assistant Special Agent in Charge, ATF Atlanta Field Division.
"The arrest and conviction of these four illegal drug dealers is proof that citizens and law enforcement can work together to put an end to the heroin epidemic,” said Atlanta Police Chief Erika Shields. “We know the problem won’t be fixed overnight; however, with the assistance of our state and federal partners we’re providing the resources to rid the English Avenue area of drugs. The citizens are the eyes and ears of the community and with their input we can continue to take criminals off the streets and vigorously work to redevelop the historic community.”
“These convictions illustrate that drug trafficking at any level will not be tolerated in the state of Georgia. The Georgia Bureau of Investigation is fully committed to working with our local and federal partners in combating the heroin epidemic,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
According to U.S. Attorney Horn, the charges, and other information presented in court: On May 23, 2016, the Atlanta Police Department (APD) received a tip through its Crime Stoppers tip-line that an individual going by the alias of “Big Pat” – later identified by law enforcement as Bernard Stokley – was advertising drugs for sale, including heroin on Facebook. It was reported that Stokley was even offering “specials of the day” on illegal drugs. APD shared the tip-line information with the ATF, which together with APD validated the tip.
ATF, working in conjunction with APD, then set up a series of undercover narcotics purchases from Stokley. Each transaction was arranged using the telephone number on Stokley’s Facebook page and occurred in the English Avenue community. On each occasion, Bernard Stokley was present, but he always sent a runner – Tobias Ellison, Alvin Hughley, or Vance Hoard – with the heroin to complete the hand-to-hand transaction.
Bernard Stokley, a/k/a Big Pat, 27, Tobias Ellison, 28, Alvin Hughley, a/k/a Alvin Beasley, 54, and Vance Hoard, a/k/a Bernard Hoard, a/k/a Vance Holland, 48, all of Atlanta, all pleaded guilty. Sentencings are scheduled for April 20, 2017, at 2:00 p.m., before U.S. District Judge Orinda D. Evans.
This case is being investigated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the Atlanta Police Department, and the Georgia Bureau of Investigation.
Assistant United States Attorney Ryan M. Christian 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.com.
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.
Fayetteville Man Sentenced to 10 Years for Arranging to have sex with a MinorRead the Press Release
ATLANTA - John Katz has been sentenced to 10 years in prison for communicating with a minor on the Internet for the purpose of engaging in illegal sexual activity with her. Katz drove more than 30 miles to meet the minor and was arrested when he showed up at a pre-arranged site to meet her for sex.
“This case shines a light on some of the darkest corners of the Internet, where predators troll for the opportunity to victimize children,” said U. S. Attorney John Horn. “This was not Katz’s first attempt to reach out from the Internet to actually have sexual contact with a minor. This case prevents him from further attempts to make the Internet a dangerous place for children.”
“Identifying and stopping the sexual abuse of underage victims is one of this agency’s highest investigative priorities,” said Special Agent in Charge of ICE Homeland Security Investigations Atlanta Nick Annan. “Underage children cannot consent to sexual activity -- period. This sentencing clearly illustrates that anyone who seeks out sex with an underage person can and will face serious criminal charges and an extensive period of time behind bars.”
“This conviction illustrates the great work of law enforcement to investigate and prosecute crimes against children. The Georgia Bureau of Investigation is committed to working with our local, state, and federal partners to combat the epidemic of child sexual exploitation and abuse cases,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
According to U.S. Attorney Horn, the charges and other information presented in court: In February 2014, Katz posted an ad on Craigslist that was titled “Daddy looking for teenage slut.” In the ad, Katz expressed his interest in finding a young girl to act out his sexual fantasies. An agent with the Georgia Bureau of Investigation (GBI) posed as a 15-year-old girl and responded to his ad. She wrote that she was “too young” for him but just wanted “to say hey!” Katz continued communicating with the girl and was graphic in his descriptions of the sex acts that he wanted to have with her.
At the same time, Katz was also communicating over the Internet with a 14-year-old girl and was trying to make arrangements to meet with her for the purpose of having sex with her. This 14-year-old girl in reality was another GBI agent acting in an undercover capacity.
On February 28, 2014, Katz drove from his home in Fayetteville to Lithonia, Georgia, to meet the 15-year-old girl. He was arrested when he showed up at a pre-arranged site. Additionally, he had condoms and a number of sex toys with him. After his arrest, he admitted that several years earlier he had actually had sex with a 15-year-old girl when he lived in Ohio and that he knew her age at the time they met.
John Katz, 32, of Fayetteville, Georgia, was sentenced to 10 years in prison to be followed by eight years of supervised release. Katz was convicted of these charges on November 3, 2016, after he pleaded guilty.
This case was investigated by the Georgia Bureau of Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States Attorney Paul R. Jones 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.
Construction Company Owner Charged with Paying over $1 Million in Bribes for City of Atlanta ContractsRead the Press Release
ATLANTA - Elvin R. Mitchell, Jr., has been arraigned on conspiratorial bribery and money laundering charges for paying over $1 million to obtain City of Atlanta contracts.
“Mitchell brazenly sought to buy government contracts,” said U.S. Attorney John A. Horn. “Contractors who bribe their way into public work undermine the integrity of the system and ultimately cost taxpayers more money to get important projects done.”
“This case clearly demonstrates that those individuals who attempt to illegally influence our public officials can easily find themselves the subject of a federal investigation and prosecution. Because of the vast harm caused by public corruption, the FBI continues to make it our number one priority within our criminal investigative program and we ask that the public promptly report any information regarding this type of activity to their nearest FBI field office,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“The public contracting process should be one of integrity and fairness,” stated Special Agent in Charge Veronica F. Hyman-Pillot. “Those who elect to pay illegal bribes to further their business interests should know that they are not beyond the reach of the law.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Elvin R. Mitchell, Jr. serves as the owner and operator of E.R. Mitchell Company, Cascade Building System, LLC., E.R. Mitchell Group, Inc. and EC & WT Construction Company, Inc., d/b/a E.R. Mitchell Construction Co.
In an effort to obtain construction-related contracts with the City of Atlanta, Mitchell and another person in the construction industry agreed to pay, and did pay an individual to obtain government contracts. From approximately 2010 to August 2015, Mitchell paid over $1,000,000 to an individual in exchange for City of Atlanta contracts, believing that some of the money would be paid to city official/s who exercised influence over the contracting process.
Mitchell also laundered the money received from the City of Atlanta by attempting to conceal the source of the money and by attempting to evade federal currency transaction reporting requirements by withdrawing cash in amounts under $10,000.
Elvin R. Mitchell, Jr., 63, of Atlanta, Georgia, was charged by information and is expected to plead guilty to the charge later this month.
This case is being investigated by the Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation.
First Assistant United States Attorney Kurt R. Erskine and Assistant United States Attorney Jeffrey W. Davis 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.
Three Corporate Executives Sentenced to Federal Prison for Bribing Dekalb County & Georgia World Congress Center Authority OfficialRead the Press Release
ATLANTA – Anthony Lepore, John Rife, and Brian Domalik, the former President, Regional Vice President, and Division Manager for Rite Way Service, Inc., have been sentenced for conspiracy, bribery and honest services fraud for their roles in a multi-year, multi-million-dollar scheme to bribe a public official who was employed with DeKalb County government and the Georgia World Congress Center Authority.
“Public corruption, whether it’s corrupt officials who take bribes or the boardroom executives who pay them, is absolutely unacceptable,” said U.S. Attorney John Horn. “These sentences should provide a measure of justice to the businesses across the State of Georgia that do business honestly, ethically, and lawfully.”
“This sentencing of three corporate executives brings to close an extensive federal public corruption investigation conducted by the FBI with assistance from the GBI. This case makes it very clear to all that those engaged in enticing public officials via bribes, kickbacks or quid pro quos, are subject to investigation and prosecution as well. The FBI asks that anyone with information regarding similar such activities involving public corruption to contact their nearest FBI field office,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges and other information presented in court: Lepore was the President and CEO of Rite Way Service, Inc., an Alabama-based company that sought to do business with both DeKalb County and the Georgia World Congress Center Authority (GWCCA), a state government entity that manages the Georgia World Congress Center, the Georgia Dome, Atlanta’s Centennial Olympic Park, and other properties. Rife was the Rite Way Regional Vice President who oversaw the company’s Georgia Division, based in Norcross, Georgia. Domalik was the Division Manager in charge of Rite Way’s Georgia Division between 2010 and 2014.
Beginning in the summer of 2005, Lepore, Rife, and former Rite Way Georgia Division Manager Cecil Clark conspired to bribe Patrick Jackson, a public official who was simultaneously working full time as a contracting official for DeKalb County and the GWCCA, in connection with janitorial services contracts with those government entities. The government contracts were worth millions of dollars. The bribes amounted to over $100,000 in payments for Jackson’s rent, utilities, and a garage lease for a luxury apartment over a six-year period in downtown Atlanta, as well as cash payments, over $24,000 in furniture for the apartment, a $5,100 deposit for event space for a party that that Jackson threw, and other benefits. Domalik joined the conspiracy in late 2010, when Clark resigned from Rite Way, and continued the scheme with Lepore and Rife through 2012.
In exchange for the payments and other benefits from Rite Way, Jackson used his position as a public official to help Rite Way win, maintain and increase profits from multi-year janitorial services contracts with DeKalb County and the GWCCA worth millions of dollars.
Patrick Jackson, 55, of Loganville, Georgia, was indicted by a federal grand jury on September 9, 2014 on one count of conspiracy to commit honest services fraud, and nine counts of honest services fraud. Jackson pleaded guilty to one count of conspiracy, and was sentenced to four years, three months in federal prison, ordered to pay restitution to DeKalb County and GWCCA, and fined $20,000.
Cecil Clark, 55, of Jonesboro, Georgia, waived indictment and pleaded guilty to a Criminal Information charging him with conspiracy to commit bribery on May 26, 2015. Ultimately, Clark was sentenced to serve one year, one month in federal prison, ordered to pay restitution to DeKalb County and GWCCA, and fined $20,000.
Anthony Lepore, 64, of Birmingham, Alabama, was sentenced to nine years in prison, to be followed by two years of supervised release. He was fined $115,000, and ordered to pay $165,415 in restitution.
John Rife, 66, of Cumming, Georgia, was sentenced to three years, one month in prison, to be followed by three years of supervised release. He was fined $100,000, and ordered to pay $168,715 in restitution.
Brian Domalik,49, of Kennesaw, Georgia, was sentenced to one year, eight months in prison, to be followed by two years of supervised release. He was fined $25,000, and ordered to pay $45,408 in restitution.
This case was investigated by the Federal Bureau of Investigation. Valuable assistance was also provided by the Georgia Bureau of Investigation.
Assistant U.S. Attorney Kamal Ghali prosecuted the case. Former Assistant U.S. Attorneys Jamie L. Mickelson and David M. Chaiken previously prosecuted this matter.
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 Child Pornographer sentenced to 27 Years in Federal PrisonRead the Press Release
GAINESVILLE, Ga. - Michael Cannon has been sentenced to 27 years in federal prison for producing child pornography. Cannon photographed, and posted online, pornographic images of a minor. He then produced and provided to viewers who requested them via e-mail, additional images of him molesting two minor victims that were living in his home.
“This defendant not only molested two young girls living in his household, he further victimized them by recording his sexual abuse and then posting the images on the Internet,” said U.S. Attorney John Horn. “Thankfully the two girls have been rescued. We hope that this case will heighten awareness of child exploitation and deter others from committing such heinous crimes.”
“The victims in this case were stripped of their innocence and dignity, viciously abused and egregiously exploited countless times as a result of being abused and recorded for the pleasure of monstrous predators,” said Special Agent in Charge Nick Annan, ICE Homeland Security Investigations (HSI) in Atlanta. “The defendant truly deserves every day he will sit in a federal prison cell… every day and more.”
According to U.S. Attorney Horn, the charges and other information presented in court: In mid-December 2012, Cannon posted several images of a ten-year-old girl on a foreign-based website where people could post and share photographs. At least one of the images was child pornography. Several individuals posted comments on Cannon’s photographs and asked about trading photos. Cannon gave them his e-mail address and, when they wrote him, he sent them explicit photographs showing him in the act of molesting two young girls. In return, he received dozens of e-mails containing images and videos of other children being sexually abused.
As part of their investigation, agents determined the true identities of the two minor victims that Cannon photographed and posted online. Both were living in the same house as Cannon. The girls were rescued and removed from the household.
Cannon, 34, of Gainesville, Georgia, has been sentenced to 27 years in prison to be followed by a lifetime of supervised release. Cannon was convicted of these charges on June 16, 2014, after he pleaded guilty. There is no parole in the federal system.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States Attorney Paul R. Jones 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Gainesville Division is http://www.justice.gov/usao/gan/.