FEDERAL DISTRICT ARCHIVE
Southern District of Georgia
Press releases recorded for this federal judicial district.
Savannah Residents Charged with Federal Firearm, and Drug Trafficking OffensesRead the Press Release
SAVANNAH, GA – Federal indictments were unsealed yesterday revealing that 8 Savannah residents have been charged with federal firearms and drug-trafficking offenses.
According to evidence presented on Tuesday during detention hearings before U.S. Magistrate Judge GR Smith, the federal indictments are the result of a joint FBI and the Savannah-Chatham Metropolitan Police Department (SCMPD) investigation into gang-related activities in the Savannah area. Law enforcement focused their attention on the Carver Village Thoroughbreds gang, a violent gang operating in the Carver Village neighborhood in Savannah. The gang is allegedly comprised of 15 to 20 members engaged in a number of criminal activities, including shootings, robberies, and the trafficking of narcotics.
Seven of the Defendants charged appeared before Judge Smith on Tuesday for their arraignments and detention hearings. Those Defendants included:
Dennis Lee Williams, 36,
Jermond Anderson Curtis, aka “Mon,” 27,
Adrian Tarazze Byrd, aka “Newie,” 40,
Shamon Antwon Williams, aka “Keith Anderson,” aka “Antonio Antwan Williams, 39,
Eugene Curtis, aka “Gene,” aka “Gene Williams,” aka “Ronnie Curtis,” aka “Eugene Curtis, Jr.,” 50,
Eusi Shango Sampson, 37, and
Felisha Dawn Byrd, 42.
U.S. Attorney Ed Tarver emphasized that an indictment is only an accusation and is not evidence of guilt. The Defendants are entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The operation was investigated by the FBI and SCMPD. Assistant United States Attorneys Tania Groover and Charlie Bourne are prosecuting the case for the United States. For additional questions, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Woman Pleads Guilty for Impersonating FBI Agent in Connection with Lottery Fraud Scheme Based in JamaicaRead the Press Release
AUGUSTA, GA – A 30-year-old woman pleaded guilty yesterday for her role in a Jamaica-based lottery fraud scheme. Vania Lee Allen pleaded guilty in the Southern District of Georgia to one count of conspiracy to commit wire fraud and false impersonation of an employee of the United States. Allen faces a maximum statutory sentence of five years in prison. A sentencing date has not been scheduled.
As part of her guilty plea, Allen acknowledged that she and a co-conspirator in Jamaica sought to unlawfully enrich themselves through a fraudulent lottery scheme targeting an elderly resident of Evans, Georgia. As alleged in the indictment, Allen’s co-conspirator falsely informed the victim that he had won money in a lottery and instructed the victim to make payments to various people in order to collect the purported lottery winnings. As part of her plea agreement, Allen acknowledged in order to induce the victim to continue to make payments as directed by her co-conspirator, Allen traveled from Jamaica to the United States to meet with the victim personally and falsely portrayed herself to the victim as an FBI agent. Allen also acknowledged that when she met the victim, she falsely portrayed herself as a FBI agent, provided the victim with a cell phone, and directed him to speak with the person on the line, who was Allen’s co-conspirator in Jamaica.
“This conviction shows the extraordinary lengths fraudsters will use to rip off someone in the United States,” said U.S. Attorney Edward J. Tarver of the Southern District of Georgia. “Such schemes will not be tolerated, and we will prosecute fraudsters whether they operate from inside or outside of the United States.”
“Lottery fraud schemes operating from Jamaica targeting Americans typically get help from at least one co-conspirator in the United States,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Impersonating an FBI agent is just one way fraudsters convince innocent victims that the international lottery is legitimate. It isn’t. The Justice Department will actively pursue and charge those who participate in such criminal activity.”
“The Postal Inspection Service is dedicated to investigating and combating international lottery schemes, especially since they prey on elderly Americans,” said Inspector in Charge David W. Bosch of the U.S. Postal Inspection Service’s Philadelphia, Pennsylvania Division. “The Postal Inspection Service is committed to uncovering and pursuing individuals involved in international lottery fraud schemes targeted at victims in the United States.”
This prosecution is part of the Department of Justice’s effort to work with federal and local law enforcement to combat fraudulent lottery schemes in Jamaica that prey on U.S. citizens. According to the U.S. Postal Inspection Service, Americans have lost tens of millions of dollars to fraudulent foreign lotteries.
The case was prosecuted by Assistant U.S. Attorney C. Troy Clark of the Southern District of Georgia and Trial Attorney Clint Narver of the Civil Division’s Consumer Protection Branch. The case was investigated by the U.S. Postal Inspection Service and the Columbia County Georgia Sherriff’s Office. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Savannah Firearms Dealer Pleads Guilty to Selling Machine GunsRead the Press Release
SAVANNAH, GA - David Gould, 38, a licensed firearms dealer from Savannah, Georgia, pled guilty today in Brunswick, Georgia before Chief U.S. District Judge Lisa Godbey Wood to multiple charges relating to his unlawful sales of machine guns.
According to court documents and statements made in court, in January 2016, the ATF received information that Gould, a licensed federal firearms dealer, was seeking to sell fully-automatic, untraceable machine guns for cash. The ATF conducted an undercover operation, during which Gould sold two fully automatic AR-15 .223 machine guns. The sales occurred in Savannah and Brunswick. Unbeknownst to Gould, he sold the machine guns to an undercover police officer. The machine guns sold by Gould were not registered; they did not have serial numbers; and they were made and possessed in violation of the National Firearms Act. The National Firearms Act limits and regulates the possession of fully automatic weapons. In addition to machine guns, Gould also sold the undercover officer large quantities of marijuana on two separate occasions. During each of the drug sales, Gould himself was armed.
If his plea agreement with the Government is accepted by the Court, Gould will serve 15 years in prison for his crimes. There is no parole in the federal system. Gould’s sentencing will be scheduled after the U.S. Probation Office conducts a presentence investigation.
The case was investigated by the ATF, the GBI and the Glynn County Sheriff’s Office. Assistant United States Attorney E. Greg Gilluly, Jr. is prosecuting the case on behalf of the United States.
Multi-Convicted Felon Sentenced to More Than Two Decades in Federal Prison for Trafficking Drugs and Possessing FirearmsRead the Press Release
SAVANNAH, GA: Darius Andre “Arnie” Holmes, 41, of Savannah, Georgia, was sentenced yesterday by U.S. District Judge William T. Moore, Jr. to serve 262 months in federal prison for trafficking heroin and unlawfully possessing firearms. After Holmes completes his nearly 22-year prison term, he will be supervised by the United States Probation Office for an additional five years. Parole has been abolished in the federal system.
According to the evidence presented at trial, Holmes sold heroin to a confidential police informant on multiple occasions in August 2015. After one such sale, Holmes told the informant he wanted to buy firearms. Agents of the Chatham-Savannah Counter Narcotics Team (CNT) and the ATF then organized a sting operation during which Holmes exchanged drugs with an undercover officer for semiautomatic weapons. With assistance from the Savannah-Chatham Metropolitan Police Department SWAT team, Holmes was arrested immediately following the trade.
At sentencing, the Court noted that, Holmes had been convicted of more than 35 felony offenses over the course of nearly 25 years. Many of Holmes’ crimes involved drugs, guns, and violence, and all of them were perpetrated in the Savannah area.
U.S. Attorney Edward Tarver said, “This defendant’s more than two-decade prison sentence is an appropriate response to the offenses he committed and his history of crime in the Savannah community. The Department of Justice will continue to apprehend and prosecute criminals who terrorize our communities with violence, guns and drugs. There should be no doubt that if you’re a felon with a gun or even one bullet; or if you’re pushing poison in our streets, you’ll soon be headed to a federal prison, far, far away and for a very long time.”
The U.S. Attorney’s Office prosecuted Holmes as part of Project Ceasefire, a joint federal, state and local initiative to combat gun violence and ensure that repeat offenders are subjected to stiff federal prison sentences.
Assistant United States Attorneys Joseph D. Newman and Theodore S. Hertzberg prosecuted the case on behalf of the United States. The Georgia Bureau of Investigation and the Chatham County Sheriff’s Office also provided support to the ATF/CNT/SCMPD investigation. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Florida Man Involved in High Speed Chase Found Guilty of Drug and Firearm OffensesRead the Press Release
SAVANNAH, GA – Maurice Luclare Williams, 34, of Jacksonville, Florida, was found guilty on June 7, 2016 of possessing with intent to distribute heroin, cocaine, and numerous pharmaceutical drugs following a jury trial in the United States District Court. Judge William T. Moore, Jr. presided over the trial. Williams was also found guilty of possessing a firearm in furtherance of the drug trafficking offense and of possessing a firearm as a convicted felon. Williams faces up to life in prison based on his lengthy criminal history. A sentencing date has yet to be set.
The evidence showed that on June 13, 2015, Williams led officers of the Pooler Police Department and Georgia State Patrol on a lengthy, high speed chase through West Chatham County following his failure to pull over for a speeding violation. The vehicle was a GMC Yukon that had been stolen near Jacksonville. The pursuit was eventually joined by the Effingham County Sheriff’s Office and Bloomingdale Police Department. The chase ended in a residential neighborhood in Effingham County where the defendant was apprehended following a foot chase into a nearby wooded area. Heroin, cocaine, and the other drugs were located in a black tote bag that was dropped from the stolen GMC Yukon driven by Williams as he abandoned the vehicle.
United States Attorney Edward Tarver said, “The defendant in this case is a four-time convicted drug felon who placed members of the motoring public and the residents of a quiet neighborhood in great peril by his actions. This defendant is a persistent and unrepentant drug dealer who will now be held to account for his very serious crimes.”
The investigation was led by the DEA. A number of law enforcement agencies participated in the investigation, including the Pooler Police Department, Georgia State Patrol, Effingham County Sheriff’s Office, the GBI, the Chatham-Savannah Counter-Narcotics Team, the ATF, and the United States Marshal’s Service. The case was prosecuted by Assistant United States Attorney Karl Knoche. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Savannah Man Sentenced to Federal Prison for Manufacturing Counterfeit CurrencyRead the Press Release
SAVANNAH, GA: De’von Le’edward Walker, 21, of Savannah, Georgia, was sentenced earlier this week by U.S. District Court Judge William T. Moore, Jr. to 30 months in federal prison for his role in the manufacturing and selling of counterfeit U.S. currency.
According to court documents and evidence presented at hearings, Walker and a partner- in-crime created thousands of dollars of counterfeit Federal Reserve Notes. Walker then sold the counterfeit currency to others in exchange for real money. Investigation by the U.S. Secret Service revealed that many of the counterfeit notes manufactured by Walker had been passed in Georgia, South Carolina, Florida and Rhode Island.
U.S. Secret Service Special Agent Matthew Britsch investigated Walker with assistance from the Chatham County Sheriff’s Office. Assistant United States Attorney Theodore S. Hertzberg prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Final Defendant Sentenced in Statesboro Area Drug Trafficking OrganizationRead the Press Release
STATESBORO, GA: Mark A. Green, 45, a citizen of Jamaica living in Statesboro, was sentenced earlier this week by Chief United States District Court Judge Lisa Godbey Wood to 11 years in prison for his role in a cocaine trafficking organization operating out of Evans, Tattnall, Camden and Bulloch Counties, Georgia, and elsewhere. A list of others convicted and sentenced in the case is included below. Chief Judge Wood also ordered that Green be delivered to the Bureau of Immigration and Customs Enforcement for deportation proceedings upon completion of his prison sentence.
Evidence presented during numerous guilty plea and sentencing hearings revealed that Green was the leader of an organization that supplied multi-kilogram quantities of cocaine to various individuals in the Evans, Tattnall, Camden and Bulloch County areas between 2012 and 2015. Several wiretaps were obtained which helped identify the members of the drug conspiracy and led to the seizure of a significant amount of cocaine.
United States Attorney Edward J. Tarver stated, “This case provides another example of the outstanding results achieved when federal and state law enforcements partner together to investigate and prosecute large-scale drug trafficking organizations. If you push poison in our communities, you can expect to spend years in a federal prison.”
Green was the eighth defendant to be sentenced for his role in the drug ring. Defendant Tyrone Scott remains a fugitive. The other defendants convicted and sentenced are:
Olaudah McKenzie, 37, of Claxton, sentenced to 169 months in prison;
Stephen Cummings, 34, of Glennville, sentenced to 156 months in prison;
Janario Smokes, 30, of Ellabell, sentenced to 151 months in prison;
Almonta Montez Moore, 37, of Claxton, sentenced to 92 months in prison;
Andrew Leadbeter, 48, of Statesboro, sentenced to 64 months in prison;
Xavier Mikell, 27, of Claxton, sentenced to 41 months in prison; and,
Ainsley Clark, 49, of Claxton, sentenced to 31 months in prison.
The case was investigated by the DEA and the Georgia Bureau of Investigation, with assistance from the United States Marshal Service. Assistant United States Attorneys Charlie Bourne and Tania Groover prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Former Savannah Pastor Charged with Defrauding Church and Church MembersRead the Press Release
SAVANNAH, GA – Corey Megill Brown, 46, the former Senior Pastor of Second African Baptist Church in Savannah, has been indicted by a federal grand jury sitting in Savannah on 97 counts of mail fraud and wire fraud.
According to the allegations contained in the Indictment, between March 2005 and February 2014, Brown stole more than $250,000 from the Second African Baptist Church and from church members. Brown allegedly opened a separate bank account in the name of the Church without the Churches knowledge or permission. Brown would then allegedly intercept tithes and offerings from church members; deposit those monies into the account he fraudulently opened; transfer those monies to his own personal account; and then spend the stolen church donations on personal items, including items purchased from a men’s clothing store and from Victoria’s Secret.
Brown faces a maximum sentence of 20 years in prison, $250,000 fine and 3 years of supervised release on each of the 97 fraud charges. An indictment is only an accusation and is not evidence of guilt. The defendant is entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The case was investigated by the FBI and the Savannah-Chatham Metropolitan Police Department. Assistant United States Attorneys Charlie Bourne and Scarlett Nokes are prosecuting the case on behalf of the United States. Any questions should be directed to First Assistant United States Attorney James D. Durham at (912) 201-2547.
California-Based Z Gallerie LLC Agrees to Pay $15 Million to Settle False Claims Act Suit Alleging Evaded Customs DutiesRead the Press Release
SAVANNAH, GA – U.S. Attorney Edward J. Tarver announced today that Z Gallerie LLC has agreed to pay $15 million to resolve allegations that the company engaged in a scheme to evade customs duties on imports of wooden bedroom furniture from the People’s Republic of China (PRC), in violation of the False Claims Act. Z Gallerie sells upscale furniture and accessories in stores across the United States and through the Internet. The company is headquartered in Los Angeles, California.
“Savannah is home to one of the fastest growing ports in the country, handling almost 10 percent of all the containerized cargo volume in the United States,” said U.S. Attorney Edward Tarver for the Southern District of Georgia. “This U.S. Attorney’s Office will work hard to make sure those using the Port of Savannah play by the rules, and to hold those who try to cheat their way out of paying customs duties accountable.”
“This settlement reflects the Department of Justice’s commitment to ensure that those who import and sell foreign-made goods in the United States comply with the law, including laws meant to protect domestic companies and American workers from unfair competition abroad,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Department of Justice will zealously pursue those who seek an unfair advantage in U.S. markets by evading the duties owed on goods imported into this country.”
The Department of Commerce assesses, and the U.S. Department of Homeland Security’s Customs and Border Protection (CBP) collects, duties to protect U.S. manufacturers from unfair competition abroad by leveling the playing field for domestic products. The particular duties at issue in this case are antidumping duties, which protect domestic manufacturers against foreign companies “dumping” products on U.S. markets at prices below cost. Imports of wooden bedroom furniture manufactured in the PRC have been subject to antidumping duties since 2004. The settlement announced today resolved allegations that Z Gallerie evaded antidumping duties on wooden bedroom furniture imported from the PRC from 2007 to 2014, by misclassifying, or conspiring with others to misclassify, the imported furniture as pieces intended for non-bedroom use on documents presented to CBP.
“Under the new Trade Facilitation and Trade Enforcement Act, CBP will likely see an increase in these types of settlements as the streamlined processes take effect concerning allegations of duty evasion,” said CBP Commissioner R. Gil Kerlikowske. “The Act reinforces CBP’s existing authorities and tools to collect and investigate public allegations of duty evasion improving the overall effectiveness and enforcement of CBP law enforcement actions concerning illicit trade activity, specifically in the area of antidumping and countervailing duty evasion schemes.”
“Companies that intentionally mislabel shipments or misrepresent the value of goods being imported into the United States to avoid paying the appropriate duties do so in an attempt to create an unfair advantage over businesses that play by the rules,” said Special Agent in Charge Nick S. Annan of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE HSI) in Atlanta. “This type of activity hurts legitimate U.S. businesses and, by extension, our overall national economy. Uncovering these types of schemes will continue to be a major investigative priority for ICE HSI.”
The allegations resolved by the settlement were originally brought by whistleblower Kelly Wells, an e-commerce retailer of furniture, under the qui tam provisions of the False Claims Act. The act permits private parties to sue on behalf of the United States those who falsely claim federal funds or, as in this case, those who avoid paying funds owed to the government or cause or conspire in such conduct. The act also allows the whistleblower to receive a share of any funds recovered. Wells will receive $2.4 million as her share of the settlement. The settlement is the largest False Claims Act recovery in the history of the United States Attorney’s Office for the Southern District of Georgia.
The claims resolved by this settlement are allegations only; there has been no determination of liability.
The investigation was handled by the U.S. Attorney’s Office for the Southern District of Georgia, the Civil Division’s Commercial Litigation Branch, CBP and HIS-Atlanta. Any questions should be directed to First Assistant United States Attorney James D. Durham at (912) 201-2547.
19 More Charged as Feds and Locals Combine to Dismantle Violent Gangs in Brunswick, GeorgiaRead the Press Release
BRUNSWICK, GA- A federal indictment, unsealed today, has charged 19 Brunswick, Georgia residents with conspiring to traffick crack cocaine and other drugs. Some of the defendants were also charged with related gun charges. If convicted of the drug trafficking conspiracy charge, the defendants face at least a maximum of 20 years in prison and a $1 million fine. According to evidence presented during today’s initial appearances of several defendants, the investigation of this case centered around the unlawful activities of alleged members of the Bloods, a national gang.
The 19 Brunswick residents indicted on federal charges include:
ROMIA DANIELS, 40,
AMELIA ROBINSON, 36,
CLEVELAND NOBLE, 39,
ANDRE SHORT, 46,
CONNELL ALDRIDGE, 47,
PEARL WARD, 54,
CALVIN LEWIS, 37,
MELVINA LEWIS, 44,
JAMAR BRADLEY, 27,
KURLIE KEMP, 24,
LOVELL JONES, 26,
FREDDIE HOLLOWAY, 24,
WILLIE MIDDLETON, 33,
AARON MCCLENDON, 25,
DEBOE PICKERING, 21,
JOHN EARL ROBERTS, 30,
CHARLES WILSON, 56,
TYRONE MIDDLETON, 33, and,
KEVIN SMITH, 24.
Nine of the Defendants were scheduled to have their initial appearances today at 3:30 p.m. in the federal courthouse in Brunswick before United States Magistrate Judge R. Stan Baker. United States Attorney Edward J. Tarver emphasized that an indictment is only an accusation and is not evidence of guilt. The Defendants are entitled to a fair trial, during which it will be the Governments burden to prove guilt beyond a reasonable doubt.
Today’s announced indictment falls on the heels of a successful federal prosecution targeting the activities of another national gang operating in Brunswick, the Gangster Disciples. In that case, 16 defendants associated with the Arron Clark Drug Trafficking Organization (DTO) were convicted of a number of charges, including conspiracy to distribute drugs, felon in possession of firearms, and possessing firearms in furtherance of drug trafficking. Evidence presented in court filings and hearings demonstrated that the many members of the Clark DTO were also members of the Gangster Disciples. Members of this group sold drugs, committed violent acts, and used violence as a means to protect turf. Members of the group openly sold drugs on Wolfe Street in Brunswick.
Chief United States District Judge Lisa Godbey Wood sentenced Arron Clark, age 24, a leader of the organization, to serve 25 years in federal prison, to be served “far from Brunswick, Georgia.” Last week, Judge Wood sentenced Christopher Young, age 26, another leader of the organization, to serve 24 years in federal prison. Upon their release from prison, both will be placed on supervised release for five years.
The Brunswick residents who were convicted and sentenced as part of the Clark DTO include:
ARRON BERNARD CLARK, 300 months in prison,
CHRISTOPHER DASHAUN YOUNG, 288 months in prison,
BERNARD STERLING ELLZY, awaiting sentencing,
JOHN WESLEY BOONE, 24 months in prison,
GEORGE LASHAWN HUMPHREYS 27 months in prison,
JARVIS MAURICE DENMARK, 138 months in prison,
CHRISTOPHER EMMANUEL WILLIAMS, awaiting sentencing,
JOHNNY LEE WILLIAMS, 40 months in prison,
AKEEM ELIJAHWOUN KIRKSEY, 57 months in prison,
RONALD GREEN, 40 months in prison,
DONIEL PORTER, 90 months in prison,
CRAIG LAMAR ELKINS, 151 months in prison,
BEVERLY L. TYSON, 18 months in prison
ALAN EUGENE ADDISON, 110 months in prison,
TERRANCE TREMAIN THOMAS, 60 months in prison, and,
EBONE KATRELLE ALVIN, 24 months of probation.
Both of these cases were investigated by members of the FBI Costal Georgia Safe Streets Task Force (CGSSGTF), which is comprised of members of the FBI, Glynn County Police Department and the Brunswick Police Department. This task force was created to address the violent gang threat in southeast Georgia by structuring a new relationship with federal and local partners, who work together by aggressively identifying, prioritizing, and targeting the most violent street gangs. The task force was created in response to the increase of violent crime in the Brunswick area. The ATF, the U.S. Marshals and the Georgia Department of Community Supervision (GA Probation and Parole) also worked the investigations.
United States Attorney Edward J. Tarver said, “We will continue to work with our federal and local law enforcement partners to make our communities safer places. In 2015, this United States Attorney’s Office indicted a large and violent drug trafficking organization that was terrorizing the streets of Brunswick. A year later, those individuals are in prison. This year another separate and distinct organization has been charged for allegedly committing similar types of crimes. The United States Department of Justice will continue to identify and aggressively prosecute criminal organizations that terrorize Georgia communities. Keeping our neighborhoods safe is our only motive.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated, “These two investigations are a tremendous example of the gang reduction success resulting from the partnership formed between the Glynn County Police Department, the Brunswick Police Department, and the FBI to combat violent crime in the region. The FBI's Coastal Georgia Safe Streets Gang Task Force will continue to focus on investigating and arresting violent groups and individuals posing a threat to our community. We encourage all those in the community who have knowledge of gang activity to contact the FBI or local authorities as we all work together to reduce violent crime.”
Brunswick Police Department Chief Kevin M. Jones stated, “The collaborative efforts of this task force have had a direct impact on the reduction of crime in Brunswick over the last year. The first phase was successful and we look forward to the continued benefits of safer neighborhoods and streets as the assigned officers work hard to wrap up phase two.”
Glynn County Police Chief Matt Doering stated, “Law Enforcement has many parts that contribute to the whole of collaborative success. The partnership with the Brunswick Police Department, the FBI, the ATF, the United States Attorney’s Office and the District Attorney’s Office is a fine example of commitment to the safety our community.”
The cases are being prosecuted by Assistant United States Attorneys Carlton R. Bourne, Jr., E. Greg Gilluly, Jr., Marcela Mateo and Tania Groover. The District Attorney’s Office for the Brunswick Judicial Circuit has also assisted in the investigation and prosecuted related state cases. Any additional questions should be directed to First Assistant United States Attorney James D. Durham at (912) 201-2547.
Former Tax Preparer from Adrian, GA, Sentenced to 46 Months in Prison for Preparing False Tax ReturnsRead the Press Release
Statesboro, GA: Lakesia Mills, 35, of Adrian, Georgia, was sentenced last week by United States District Court Chief Judge Lisa Godbey Wood to 46 months in prison for making false statements on 784 amended tax returns.
Evidence presented at hearings in this case showed that Mills prepared amended tax returns for others that exploited the First Time Homebuyer’s Credit. Mills fraudulently claimed her clients qualified for the $8,000 credit, and then supported the false returns with phony bank statements, closing documents, and insurance records. The 784 amended returns prepared by Mills exposed the United States to a potential loss of $6,012,500, approximately $572,132 of which was distributed by the IRS before the scheme was detected.
United States Attorney Edward J. Tarver said, “This defendant stole hundreds of thousands of dollars from the U.S. Treasury, and would have stolen much more if not swiftly detected by the IRS. Her sentence should serve as a lesson to all who are tempted to follow her example, as our office will advocate a lengthy prison stay for anyone who lies on tax returns and defrauds our tax system.”
“Lakesia Mills did a disservice to legitimate tax preparers who comply with the tax laws of the Internal Revenue Service,” said Veronica Hyman-Pillot, Special Agent in Charge, Atlanta Field Office. “Mills not only violated the integrity of our tax system, but also placed an unfair burden on hardworking taxpayers. Stealing from the U.S. Treasury is no different from stealing from your neighbors, your friends and your own community. Today’s sentence should serve as a warning to other return preparers that are considering similar criminal activities.”
In addition to her prison sentence, Mills was ordered to pay restitution, as well as serve 12 months of supervised release after she is released from prison. Regarding the length of the prison sentence, Tarver noted that there is no parole in the federal system.
IRS Special Agent Joshua Graham conducted the investigation of Mills. Assistant United States Attorney Jennifer Solari prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Three Former Correctional Officers in Georgia Indicted for Roles in Beating InmateRead the Press Release
Former Augusta State Medical Prison correctional officers John Williams, Antonio Binns and Justin Washington were charged in the Southern District of Georgia with a civil rights violation for their alleged role in the beating of an inmate, known as C.V., on Feb. 13, 2014. Binns and Washington were also charged with one count of obstruction of justice.
Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division; U.S. Attorney Edward J. Tarver of the Southern District of Georgia and Special Agent in Charge J. Britt Johnson of the FBI’s Atlanta Division made the announcement.
The indictment alleges that on Feb. 13, 2014, Williams, Binns and Washington assaulted C.V. while he was handcuffed behind his back. The indictment further alleges that Binns and Washington wrote false reports covering up the assault.
An indictment is merely an allegation and the defendants are presumed innocent until proven guilty. If convicted of the civil rights charge, each defendant faces a maximum sentence of 10 years in prison. The obstruction of justice counts carry a maximum sentence of 20 years in prison.
The case is being investigated by the FBI’s Augusta Resident Agency. The case is being prosecuted by Assistant U.S. Attorneys Charlie Bourne and C. Troy Clark of the Southern District of Georgia and Trial Attorney Angie Cha of the Civil Rights Division’s Criminal Section.
Williams et al Indictment
Three Former Correctional Officers from Augusta State Medical Prison Indicted for Roles in Beating InmateRead the Press Release
AUGUSTA, GA – Former Augusta State Medical Prison correctional officers John Williams, Antonio Binns and Justin Washington were charged in the Southern District of Georgia with a civil rights violation for their alleged role in the beating of an inmate, known as C.V., on Feb. 13, 2014. Binns and Washington were also charged with one count of obstruction of justice.
Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division; U.S. Attorney Edward J. Tarver of the Southern District of Georgia and Special Agent in Charge J. Britt Johnson of the FBI’s Atlanta Division made the announcement.
The indictment alleges that on Feb. 13, 2014, Williams, Binns and Washington assaulted C.V. while he was handcuffed behind his back. The indictment further alleges that Binns and Washington wrote false reports covering up the assault.
An indictment is merely an allegation and the defendants are presumed innocent until proven guilty. If convicted of the civil rights charge, each defendant faces a maximum sentence of 10 years in prison. The obstruction of justice counts carry a maximum sentence of 20 years in prison.
The case is being investigated by the FBI’s Augusta Resident Agency. The case is being prosecuted by Assistant U.S. Attorneys Charlie Bourne and C. Troy Clark of the Southern District of Georgia and Trial Attorney Angie Cha of the Civil Rights Division’s Criminal Section. Any questions should be directed to First Assistant United States Attorney James D. Durham at (912) 201-2547.
Savannah Man Sentenced to Nearly Thirteen Years in Federal Prison for Armed Bank RobberyRead the Press Release
Savannah, GA: Jerald A. Bowman, 40, was sentenced on Wednesday, March 30, 2016, by Chief United States District Court Judge Lisa Godbey Wood to 155 months imprisonment for the February 3, 2015 armed robbery of the Navy Federal Credit Union in Richmond Hill, Georgia. Bowman was also found to be responsible for armed robberies of the Georgia’s Own Credit Union in Savannah on September 30, 2014; the Wells Fargo Bank on Waters Road in Savannah on November 12, 2014; the Heritage Bank in Savannah on December 4, 2014; and the Wells Fargo Bank on Abercorn Street in Savannah on March 19, 2015.
Evidence showed that Bowman, who disguised his appearance during the robberies, conducted surveillance of the banks and used items such as rocks and door stops to hold the banks’ doors open. He distracted tellers with questions about deposit slips or money orders, then pulled out a gun and demanded money. In total, Bowman stole $15,055.00.
A military veteran, Bowman requested leniency from the Court based upon his service in the U.S. Army. Evidence presented at the sentencing hearing, however, showed Bowman was involuntarily separated from the Army with an Other Than Honorable Discharge following a series of assaults and drug use. Bowman insisted he suffered from mental stress as a result of combat deployments, but service records revealed Bowman never served in a theater of combat operations. “Some people have earned the right to wrap themselves in the flag,” said Chief Judge Wood. “But you, Mr. Bowman, are not one of them.”
United States Attorney Edward J. Tarver said, “Criminals who commit violent acts and endanger the lives of innocent parties should be sentenced to the harshest penalties provided by law. Protection of the American people is the Department of Justice’s number one priority. This U. S. Attorney’s Office will continue its aggressive efforts to prosecute dangerous criminals and remove them from our communities.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated, “The partnership formed between the FBI’s Southeast Georgia Violent Crime Task Force and local police to advance the investigation resulted in this sentencing and removed a dangerous individual from the streets of Savannah. The FBI’s Task Force continues to partner every day with our local, state and federal partners to identify, investigate and arrest violent offenders to mitigate the threat they pose and to make our community a safer place.”
In addition to his prison sentence, Bowman was ordered to pay restitution and serve a period of supervised release after he is released from prison. Regarding the length of the prison sentence, Tarver noted that there is no parole in the federal system.
U. S. Attorney Tarver commended the efforts of the FBI Southeast Georgia Violent Crime Task Force, the Richmond Hill Police Department, the Savannah-Chatham Metropolitan Police Department, and the Savannah Department of Community Service. Assistant United States Attorneys Carlton Bourne, Jennifer Solari and Scarlett Nokes prosecuted the case. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Three Liberty County Defendants Sentenced to Federal Prison in Drug and Gun CasesRead the Press Release
Savannah, GA – Daniel Britton, 45, of Midway, Georgia, was sentenced yesterday to 41 months in prison by United States Chief Judge Lisa Godbey Wood after pleading guilty to transporting a firearm to Georgia from another state.
On March 28, 2016, Laron Bruce, 35, of Riceboro, Georgia, was sentenced to 170 months in prison by United States Court Judge William T. Moore, Jr. after pleading guilty to his role in a crack cocaine conspiracy.
Herbert Lewis, 27, of Ludowici, Georgia, was sentenced yesterday to 110 months in prison by Judge Moore after pleading guilty to possessing a stolen firearm. Lewis was in possession of the stolen firearm at the time he was arrested on outstanding warrants from Liberty County.
United States Attorney Edward Tarver stated, “The United States Attorney’s Office remains committed to combating drug and gun related crime throughout the Southern District of Georgia. The prison sentences in these Liberty County cases send a loud and clear message that dealing drugs and committing crimes involving guns will not be tolerated.”
Liberty County Sheriff Steve C. Sikes said, “I appreciate the efforts of the Liberty County Sheriff’s Office deputies during the investigations of these three individuals. Dangerous criminals have been removed from our community through the cooperative efforts of the Liberty County Sheriff’s Office and our partners at the ATF and the GBI. We appreciate their assistance, and that of the U. S. Attorney’s Office in making our county a safer place to live.”
This case was investigated by the ATF, the Georgia Bureau of Investigation, and the Liberty County Sheriff’s Office. Assistant United States Attorneys Charlie Bourne, Thomas Clarkson, Gregory Gilluly, and Scarlett Nokes prosecuted these cases on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Leader of Pharmacy Burglary Ring Sentenced to More Than 12 Years in Federal PrisonRead the Press Release
WAYCROSS, GA – Bradley Williams, 33, from Russell Springs, Kentucky, was sentenced yesterday by Chief District Court Judge Lisa Godbey Wood to 151 months in prison following his conviction for possession with intent to distribute oxycodone and hydrocodone, Schedule II controlled substances. Williams was one of three defendants charged and convicted in the United States District Court for the Southern District of Georgia in an indictment involving a pharmacy burglary in Waycross, Georgia.
The evidence presented during multiple guilty plea and sentencing hearings showed that Williams and his coconspirators traveled from Russell Springs, Kentucky to Waycross on January 25, 2015, where they broke into a local pharmacy and stole more than 9,000 oxycodone and hydrocodone pills. The group intended to distribute the stolen drugs in Russell County, Kentucky. Williams was the leader of the group and had a long history of similar conduct dating back to 2004. His history of pharmacy burglaries included locations in Ohio, Tennessee and Kentucky.
U.S. Attorney Edward Tarver said, “Williams and his cohorts traveled far and wide in search of a vulnerable pharmacy from which to steal powerful pain meds. The ill-gotten fruit of their crime spree was intended to put money in their pockets and to fuel drug addictions in their home towns. Fortunately, the excellent working relationship between the DEA and local police forces in Georgia and Kentucky put an end to their criminal activities.”
In addition to Bradley Williams, the other Defendants convicted and sentenced as part of this prosecution were:
Stephen Williams, 37, Russell Springs, Kentucky, 27 months in prison; and,
Shawn Weddle, 34, Windsor, Kentucky, 32 months in prison.
The prosecution of this case resulted from an investigation conducted by the DEA, the Waycross Police Department, the Russell Springs (KY) Police Department, the Jamestown (KY) Police Department, the Russell County (KY) Sheriff’s Office, and the United States Marshal’s Service. The case was prosecuted by Assistant United States Attorney Karl Knoche. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
24 Savannah Residents Charged with Federal Firearm, Drug Trafficking and Related OffensesRead the Press Release
SAVANNAH, GA – Federal indictments were unsealed yesterday revealing that 24 Savannah residents have been charged with federal firearms and drug-trafficking offenses. The federal indictments are the result of joint federal and state efforts to reduce violent crime and gang activities in the Savannah area. The focus of a joint ATF and Savannah-Chatham Metropolitan Police Department (SCMPD) operation was the Cann Park neighborhood, a small neighborhood near downtown Savannah that has seen a significant rise in crime. The criminal activities charged in the federal indictments all occurred in the Cann Park neighborhood.
The Savannah residents charged with federal crimes include:
Marquiel Bell, aka “Quelly,” aka “Julio,” 19,
Roemain R. Bennett, aka “Ratt,” 33,
Jesse Benton, 27,
Mario Grant, 33,
Benjamin Gordon, 43,
Jamal Hilton, aka “Jamel Hilton,” aka “Jamaal Hilton,” aka “Mel,” aka “Tommy Henderson II,” 31,
Jeremy James, 34,
Kristopher Kemp, 30,
Nicholas Kemp, 28,
Stephen Kemp, 25,
Jacqueline Mavity, 44,
Roy Mobley, aka “Grind,” 37,
Albert Morisette, 31,
Alekseyer X. Mungin, 37,
Rashaun Padgett, aka “Ray Ray,” 31,
Michael Porter, 36,
Marvin Roberts, aka “Steady,” 29,
Tony Small, 20,
Kareem Savage, aka “Rashaad Roberts,” 27,
Jamaine Wallace, 35,
Simmeon Whitfield, aka “Yon,” 26,
Xavier Whitfield, aka “Kenny,” 30,
Randy Williams, 32, and,
Travis Young, 35.
U.S. Attorney Edward Tarver said, “Citizens should be able to walk down the streets of their neighborhoods without the fear of drug activity and gang violence. The U.S. Attorney’s Office will work hand in hand with our federal and state law enforcement partners to remove dangerous criminals who traffick in guns, drugs and fear in the Savannah area. Some people are dangerous and need to go to prison. But, arresting criminals is not the only answer to Savannah’s violent crime problem. The U.S. Attorney’s Office will continue to provide its support to a number of other anti-crime initiatives, including recidivism reduction campaigns and the City’s “Step Forward” strategy. Working together, we can end the violent crime problems plaguing the great city of Savannah.”
“The overall impact of this investigation should be immediately realized by everyone living in the Cann Park community. ATF's primary mission is to reduce violent crime through effective partnerships with other Federal, state, and local law enforcement agencies, as evidenced by this investigation,” said Assistant Special Agent in Charge James Deir.
“This family-oriented community has been kept on edge for far too long due the high level of drug and gang activity,” said District Attorney Meg Heap. “We hope this recent operation will allow parents to let their children play in their own yards without fear.”
Savannah-Chatham Metropolitan Police Chief Joseph H. Lumpkin, Sr. said, “We certainly appreciate the help of the federal government and in this particular case the ATF, in building cases against these violent individuals and removing illegal guns from our street. We are confident the U.S. Attorney on the federal level and the District Attorney on the state level will pursue justice in each of these cases. We are going to continue such efforts with our local, state and federal criminal justice partners to improve public safety throughout our community.”
U.S. Attorney Tarver emphasized that an indictment is only an accusation and is not evidence of guilt. The defendants are entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The operation was investigated by ATF and SCMPD, with assistance from the U.S. Marshals Service, the Chatham-Savannah Counter Narcotics Team (CNT) and the Chatham County Sheriff’s Office. Assistant United States Attorneys Greg Gilluly, Charlie Bourne and Jennifer Kirkland are prosecuting these cases for the United States. For any questions, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Gun Crime Is Fed Time in SavannahRead the Press Release
Savannah, GA – Two convicted felons, both from Savannah, Georgia, were sentenced earlier this week to lengthy federal prison sentences for possessing firearms.
Alan Stanton, a/k/a “Lucky,” 31, was sentenced on March 16, 2016 by Chief U.S. District Court Judge Lisa Godbey Wood to 96 months in federal prison, to be followed by 3 years of supervised release. According to evidence presented during Stanton’s guilty plea and sentencing hearings, in May, 2015, Savannah-Chatham Metropolitan Police Department (SCMPD) officers arrested Stanton, a known member and leader of the Ghost Face Gangsters (a white supremacy gang), after Stanton pointed a pistol at a civilian during a “road rage” incident. The police timely responded to the incident and found the pistol hidden in a speaker box. As a convicted felon, Stanton was prohibited from possessing firearms. Stanton’s criminal history included over 12 convictions on drug charges, theft charges, driving charges, domestic violence charges, and multiple drug trafficking charges. Judge Wood ordered Stanton’s 96 month federal sentence to run consecutive to his 10 year state sentence. There is no parole in the federal system. Upon Stanton’s release from state and federal prisons, he will serve a period of court supervision for 5 years under the state system and 3 years under the federal system.
Laron Allen, 28, of Savannah, Georgia, was sentenced on March 16, 2016 by U.S. District Court Judge William T. Moore, Jr. to also serve 96 months in federal prison, followed by 3 years of supervised release. According to the evidence presented during Allen’s guilty plea and sentencing hearings, in January of 2015, SCMPD investigators arrested Allen, who had seven outstanding warrants for his arrest. Investigators observed Allen exit a convenience store located on Augusta Road, in Savannah, and immediately took him into custody. Investigators found Allen in possession of a loaded, stolen, .40 caliber semi-automatic pistol; an extra magazine loaded with ammunition in his pocket; and, a quantity of crack cocaine and marijuana. Allen’s criminal history dates back 14 years, with over 10 convictions on violent crime charges, obstruction of justice charges, and drug trafficking charges. Judge Moore ordered that Allen’s 96 month sentence run consecutive to his other state charges. Upon Allen’s release from state and federal prisons, he will be on a lengthy period of state and federal supervision.
U.S. Attorney Edward J. Tarver stated, “Violent gun crime incidents in Savannah have increased at an alarming rate. This United States Attorney’s Office and its federal partners will work closely with the Savannah Chatham Metropolitan Police and other local law enforcement officials to stem the surge of violent crime in Savannah. Felons and career offenders are on notice that gun crime, even possessing a pistol, a rifle, or even one bullet will land them in a federal prison. Gun crime is fed time.”
These cases were brought to federal court as part of Project Ceasefire, a joint federal, state and local firearms initiative addressing gun crime in Savannah and throughout the Southern District of Georgia. Both cases were investigated by SCMPD and the ATF. Assistant United States Attorney E. Gregory Gilluly prosecuted the cases on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Savannah Drug Dealer Convicted of Trafficking Heroin and Possessing FirearmsRead the Press Release
SAVANNAH, GA: Darius Andre “Arnie” Holmes, 41, of Savannah, Georgia, was convicted yesterday by a federal jury after a two-day trial before U.S. District Court Judge William T. Moore, Jr. for distributing heroin and possessing firearms as a felon on August 18, 2015.
According to the evidence presented during at trial, Holmes sold heroin to a confidential police informant on multiple occasions in August 2015. After Holmes expressed to the informant a desire to buy firearms, local law enforcement officers contacted the ATF and arranged for an undercover officer to allow Holmes to exchange drugs for semiautomatic weapons. Immediately after the trade, Holmes was arrested.
United States Attorney Edward J. Tarver stated, “It is appalling to believe that an individual with a criminal history that spanned parts of three decades was somehow able to continue his reign of crime in the community. The Department of Justice and this United States Attorney’s Office will continue to aggressively enforce federal firearms and narcotics laws. We will not surrender any community to drug dealers and individuals who have embraced crime as their life’s work. We will work hand-in-hand with our federal and state law enforcement partners to return to prison dangerous felons who pollute our community with guns, drugs and fear.”
Holmes’s criminal history in the Savannah area stretches back nearly 25 years. His prior felonies include seven separate Sales of Cocaine, Possession of Cocaine with Intent to Distribute, Robbery by Intimidation, Possession of a Firearm in Furtherance of a Felony, Possession of a Sawed-Off Shotgun, Aggravated Battery, Aggravated Assault, Use of a Communication Facility to Facilitate Sales of Controlled Substances, Possession of Tools with Intent to Commit Sales of Controlled Substances, and Obstruction.
If deemed to be an Armed Career Criminal, Holmes faces a mandatory minimum sentence of 15 years to life in prison, a fine of up to $250,000, and 5 years of supervised release on the firearms count. He faces a maximum sentence of 20 years imprisonment, a fine of up to $1,000,000, and three years of supervised release on each of the heroin distribution counts. There is no parole in the federal system.
The case was investigated by the Chatham-Savannah Counter Narcotics Team (CNT) and the ATF. The Savannah-Chatham Metropolitan Police Department SWAT team assisted with Holmes’ arrest, and the GBI and Chatham County Sheriff’s Office provided additional support. The case was prosecuted as part of Project Ceasefire, a joint federal, state and local firearms initiative involving the U.S. Attorney’s Office, ATF and various local police departments.
Assistant United States Attorneys Joseph D. Newman and Theodore S. Hertzberg prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Savannah-Chatham Reentry Council to Host Discussion withRead the Press Release
SAVANNAH, GA – The Savannah-Chatham Reentry Council, in collaboration with the Savannah Area Chamber of Commerce, Dismas Charities Inc. and the United States Attorney’s Office for the Southern District of Georgia are hosting a conference for local business leaders. The discussions will educate attendees on the incentives, strategies and solutions surrounding the employment of returning citizens (individuals recently released from incarceration). The conference will feature remarks from state, local and federal government officials, employers, and community leaders. A Q&A session will follow the presentations.
Event: Savannah-Chatham Reentry Council Conference
Date/Time: February 17, 2016
9 a.m. – 12:30 p.m.
Location: Savannah Civic Center
3rd Floor Ballroom
301 W. Oglethorpe Ave.
Savannah, GA 31401
Participants: Mayor Eddie DeLoach
District Attorney Meg Heap
U.S. Attorney Edward J. Tarver
Bill Hubbard, Savannah Area Chamber of Commerce President
Van Johnson, Alderman
Miscellaneous: Press should arrive by 8:30 a.m.
Former Augusta Fire Chief of Fire Prevention Bureau Convicted of Seven Counts of ExtortionRead the Press Release
Augusta, Ga: Yesterday, Jason Baron Beard, the former Fire Chief of the Fire Prevention Bureau, a division of the Augusta Fire Department, was convicted by a federal jury on six counts of extortion under color of official right and one count of attempted extortion under color of official right. United States District Court Judge J. Randal Hall presided over Beard’s four-day jury trial.
According to the evidence presented at trial, Beard extorted cash payments from two nightclubs in exchange for not assigning fire marshals to work “specials” and enforce the clubs’ occupancy limits. Beard would collect his payments from the clubs’ managers on the Saturday following the first Friday of each month, a date when restaurants, bars, and nightclubs in Augusta would hold special events and promotions to draw the largest crowds. Even when the nightclubs’ managers told Beard that the clubs were well over the occupancy limits, Beard continued to collect cash payments without ever even issuing a warning. So long as the clubs’ managers continued to pay Beard, he never assigned a fire marshal to that location. As a result, Beard knowingly allowed these nightclubs to operate in a dangerous and overcrowded manner on regular occasion and ignored a threat to the public’s safety.
United States Attorney Edward J. Tarver stated, “Acting as Fire Chief was not Mr. Beard’s job; it was the citizen’s job that he was hired to perform. He had no right to sell the public’s trust for his personal profit. The United States Attorney’s Office will continue to fight public corruption to help ensure the public’s safety.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated “public corruption remains the FBI’s number one criminal investigative program priority because of the vast damage that it can cause within government and to the public’s trust in its government. The investigation and resulting federal conviction of former Augusta Fire Chief Beard illustrates the FBI’s commitment to following up on allegations in these matters, developing facts, and presenting them for prosecution.”
Mr. Tarver commended the hard work and dedication of the FBI, which investigated the case. Special Agent Charles E. McKee led the FBI’s investigation.
Assistant United States Attorneys C. Troy Clark and Frederick W. Kramer prosecuted the case on behalf of the United States. Any questions should be directed to Mr. James D. Durham at (912) 341-7842.
Husband and Wife Sentenced for Fraud Scheme Which Targeted Internet Furniture ShoppersRead the Press Release
Savannah, GA – Max Robert Godfrey, Jr., 52, and his wife Kelly Williams Godfrey, 52, of Raleigh, North Carolina were sentenced this month by United States District Court Judge William T. Moore, Jr. to 24 months and 18 months in prison, respectively, after pleading guilty to a conspiracy to commit mail fraud.
According to evidence presented at the guilty plea and in sentencing proceedings, the Godfreys operated a business advertised as “Furniture Best Buys” on the internet. Customers who hit upon the website were offered discounts if they paid for furniture in advance by check. The Godfreys directed the customers to mail the check to Furniture Best Buys at an address in Pooler, Georgia, which was actually a UPS Store mailbox. Over fifty customers never received their furniture or a refund. Instead, the Godfreys either lied to or ignored customers when they complained, while using customer money for personal expenses. In addition to the prison sentences, the Court ordered the Godfreys to pay $62,240.22 in restitution. Before coming to Georgia, the Godfreys operated businesses in the Raleigh, North Carolina area named NC Home Furniture and Grand Furniture Gallery, which both left numerous customers without their furniture or a refund. In 2012, Max Godfrey was enjoined by a North Carolina court from operating a furniture business that took advance deposits from customers, yet he and his wife continued to do so using the Pooler, Georgia address.
United States Attorney Edward Tarver stated, “The United States Attorney’s Office will not tolerate scam artists who use online businesses to steal from customers. These defendants made the mistake of bringing their fraud scheme into the Southern District of Georgia, and will now bear the consequences in a federal prison.”
The case was investigated by the United States Postal Inspection Service, with assistance from the North Carolina Department of Justice. Assistant United States Attorneys Charles W. Mulaney and Frederick W. Kramer III prosecuted the case on behalf of the United States. Please direct any additional questions to First Assistant United States Attorney James D. Durham at (912) 201-2547.
Augusta Residents Sentenced to Federal Prison for Their Roles in Armed Bank RobberyRead the Press Release
AUGUSTA, GA – Christopher J. Cunningham, 39, and Willie W. Smith, 38, from Augusta, Georgia, were both sentenced yesterday by Senior U.S. District Court Judge Dudley H. Bowen, Jr. to 10 years and 9 months in prison following their convictions for armed bank robbery. Ricardo M. Mobley, 29, also from Augusta, was sentenced last month to 8 years in prison for his role in the robbery. There is no parole in the federal system. Upon their release from prison, all three defendants will be supervised for 5 years by the U.S. Probation Office.
The evidence at the guilty plea and sentencing hearings revealed that, on the morning of January 9, 2015, Richmond County Sheriff’s Office received a report of an armed bank robbery in progress at a Southern Bank branch in Hephzibah, Georgia. Two men had entered the bank wearing masks, gloves and brandishing a firearm, while a third person – a getaway driver – waited in the car. The two who entered the bank demanded money, and left with over $12,000 in cash. Immediately thereafter, Chief Dwayne Flowers of the Hephzibah Police Department engaged in a high speed chase with the getaway car. The getaway car ultimately crashed in a field next to a country road, and the three defendants fled on foot, making their initial escape in the wooded area nearby. Based on evidence recovered at the scene of the crash, all three defendants were identified. Mobley was arrested later that same day. Smith and Cunningham were arrested some weeks later. Notably, Cunningham had been convicted at trial of another armed bank robbery in 2004. All three defendants ultimately pled guilty in this case.
This prosecution was the result of the cooperative efforts of the Hephzibah Police Department, the Richmond County Sheriff’s Office and the FBI’s Safe Streets Task Force. Also assisting in the investigation were the Georgia State Patrol, the U.S. Marshal’s Service and the U.S. Probation Office. Assistant United States Attorney Nancy Greenwood prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Husband and Wife Sentenced to Prison in Investor Fraud SchemeRead the Press Release
STATESBORO, GA: Karen K. Ransom, 45, from Atlanta, Georgia was sentenced earlier this week to a year and a day in federal prison by Chief U.S. District Court Chief Judge Lisa Godbey Wood for her role in an investor fraud scheme. Ransom’s husband, Joseph D. Garcia, 49, from Albuquerque, New Mexico, was sentenced last month to 37 months in prison for his role in the fraud scheme.
Evidence presented during the guilty plea and sentencing hearings revealed that Garcia and Ransom defrauded numerous victims throughout the United States of over a half of a million dollars. Many of the victims lived in the Statesboro area, within the Southern District of Georgia. Garcia and Ransom set up a phony investment firm called “Omega Capital Consultants” and fraudulently solicited hundreds of thousands of dollars from investors. Instead of investing the money they received from investors, Garcia and Ransom spent the money to fund a lavish lifestyle.
United States Attorney Edward J. Tarver said, “This couple stole hundreds of thousands of dollars from numerous unsuspecting victims. The Defendants’ promises turned to nightmares for their victims. The U.S. Attorney’s Office will not tolerate those who defraud others for their own greedy purposes.”
In addition to prison, Garcia and Ransom were also ordered to pay $635,000 in restitution. After serving their prison sentence, Garcia and Ransom will serve 3 years of supervised release.
FBI Special Agent Marcus Kirkland conducted the investigation which led to the indictment. Assistant United States Attorney Lamont A. Belk prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Southern District of Georgia Collects over $18.4 Million in Civil, Criminal and Asset Forfeiture Cases in 2015Read the Press Release
SAVANNAH, GA - U.S. Attorney Edward Tarver announced today that the Southern District of Georgia collected over $18.4 million in civil, criminal and asset forfeiture actions during the 2015 calendar year. Of this amount, $15,037,112.54 was collected in affirmative civil enforcement actions; $1,683,605.83 was collected in criminal actions; and, $1,763,626.79 in assets were forfeited.
U.S. Attorney Tarver stated, “The amount of money collected in criminal, civil and asset forfeiture actions by the men and women of the United States Attorney’s Office in 2015 was the second largest collection year in this District’s history. The amounts collected are enough to pay the District’s yearly budget several times over. In other words, this United States Attorney’s Office earns its keep and then some.”
The Offices of the nation’s U.S. Attorneys, along with the Department of Justice’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs. Forfeited assets are deposited into the Department of Justice Assets Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes.
For additional questions, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Government Settles Alleged False Claims Act Violations with Memorial Health, Inc.Read the Press Release
SAVANNAH, GA: Memorial Health, Inc., Memorial Health University Medical Center, Inc., Provident Health Services, Inc., and MPPG, Inc. d/b/a Memorial Health University Physicians have agreed to pay $9,895,043.04 to resolve allegations that they violated the False Claims Act by submitting claims to the Government in violation of the Stark Law. The settlement is the largest civil health care fraud recovery in the history of the United States Attorney’s Office for the Southern District of Georgia.
United States Attorney Edward J. Tarver said, “This settlement demonstrates the U.S. Attorney’s Office’s continued commitment to ensure that health care providers do not violate the Stark Law and all medical decisions are based strictly on the best interests of patients, not the financial interests of providers.”
“Let this settlement act as a reminder to health care providers, large and small, that the Office of Inspector General is committed to pursuing allegations of Stark Law violations,” said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “Financial incentives for referrals should never come into play for health care providers when they are determining the best course of care for our nation’s citizens.”
The settlement resolves allegations that were originally part of a federal lawsuit filed under the whistleblower provisions of the False Claims Act, which allow private citizens with knowledge of false claims to file suit on behalf of the Government and to share in the recovery. As part of this settlement, Memorial entered into a five-year corporate integrity agreement with the Office of Inspector General, Department of Health and Human Services.
The case was investigated by Kimberly Reinken Creamer from the United States Attorney’s Office and Special Agent David Graupner, Department of Health and Human Services, Office of Inspector General. The United States was represented by Assistant United States Attorneys Edgar D. Bueno and J. Thomas Clarkson. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Augusta Man Sentenced to 30 Years for Producing Child PornographyRead the Press Release
AUGUSTA, GA – Randy Houston Mercer, 57, of Augusta, Georgia was sentenced on Friday by United States District Court Judge J. Randal Hall to 30 years in prison, followed by 25 years of supervised release, for his role in producing child pornography. Mercer pled guilty to one count of Sexual Exploitation of a Minor, in violation of 18 U.S.C. § 2251(a), in August. He will be required to register as a sex offender.
According to the evidence presented at Mercer’s plea and sentencing hearings, in January 2015, Columbia County Sheriff’s Office (CCSO) received a complaint from a minor’s mother which ultimately led to Mercer’s arrest. The evidence revealed that Mercer used the social networking app “Grindr” to meet minor boys, who he later met with to have sex. When first interviewed, Mercer admitted to exchanging nude and sexually explicit photos with at least one 15-year-old minor, and to engaging in sexual acts with him on multiple occasions. Numerous text messages revealed that Mercer engaged in sex acts with at least two minors on several occasions. During those sexual encounters, photographs and videos were created, which Mercer later sent to others.
When imposing the lengthy prison sentence, Judge Hall noted the seriousness of the offense and the very disturbing nature of the evidence, which included Mercer’s boastful manner when sharing the child pornography images over the Internet. At the conclusion of the hearing, Mercer was returned to the custody of the United States Marshal Service to serve his sentence.
United States Attorney Edward J. Tarver stated, “It is beyond shocking that an adult would prey on boys in order to arrange to have sex with them and to create images of that activity. It is impossible to know how many other children may have been at risk if Mercer had not been identified and stopped. Mercer’s serious crime was met with a justifiably lengthy punishment. There is no higher priority than the protection of our nation’s children. This United States Attorney’s Office will continue its efforts to prosecute those who endanger the safety of our children.”
This case was investigated by CCSO Investigator Brian Jones and the FBI’s CCCX Task Force, made up of Augusta-area FBI agents, the Georgia Bureau of Investigation, Richmond County Sheriff’s Office, and the Columbia County Sheriff’s Office. The case was brought as part of Project Safe Childhood, a U. S. Department of Justice initiative designed to protect children from online exploitation and abuse. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.
Assistant United States Attorney C. Troy Clark prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Savannah Woman Charged in Health Care Fraud SchemeRead the Press Release
SAVANNAH, GA -- BARBARA J. WALLACE, 50, whose business, MBA Diabetic Footwear Solutions (MBA), was located in Savannah, Georgia, and enrolled in the Georgia Medicaid program as a provider, was charged with eight counts of health care fraud in an indictment returned by a federal grand jury sitting in Savannah, Georgia.
The indictment alleges that WALLACE operated MBA, and submitted and caused to be submitted, false and fraudulent claims to Medicaid between April 2010 and June 2014 by representing that a physician had actually authorized and approved patients to receive orthotic equipment when such items had not been ordered by a physician. It also alleged that WALLACE submitted and caused to be submitted, false and fraudulent claims to Medicaid for orthotic equipment that was never delivered to Medicaid patients.
United States Attorney Edward J. Tarver said, “Prosecuting health care fraud remains a top priority in the Southern District of Georgia. We will vigorously investigate and prosecute those who seek to enrich themselves through fraudulent healthcare schemes.”
“This indictment should act as a reminder that the Office of Inspector General is committed to pursuing all allegations of health care fraud,” said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “Health care providers who choose to bill for services that were never provided will soon find themselves the subject of an investigation.”
Georgia Attorney General Sam Olens said, “My office has and will continue to aggressively prosecute Medicaid fraud here in Georgia. We will continue to protect Georgia taxpayers’ resources to the fullest possible extent from those who seek to defraud the Medicaid system.”
J. Britt Johnson, Special Agent on Charge, FBI Atlanta Field Office, stated: "The investigation and resulting federal indictment of Ms. Wallace alleges various health care fraud violations spanning a four-year period. These cases call for combined agency resources and efforts and the FBI is committed toward partnering with those agencies in identifying and presenting for prosecution those who would engage in this type of criminal activity.”
If convicted, WALLACE faces a maximum penalty of ten years in prison for each of the eight counts of health care fraud. Each of these charges also carries a fine of up to $250,000. Mr. Tarver emphasized that an indictment is only an accusation and is not evidence of guilt. The defendant is entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The case was investigated by The United States Health and Human Services Office of Inspector General, the FBI, the Georgia Medicaid Fraud Control Unit, and the South Carolina Medicaid Fraud Control Unit. Assistant United States Attorney Scarlett S. Nokes, and Georgia Assistant Attorney General Steven Lee are prosecuting the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Statesboro City Councilman Indicted for Attempted ExtortionRead the Press Release
STATESBORO, GA – Gary Lavon Lewis, 65, a City Councilman for the past 17 years in Statesboro, Georgia, was indicted today by a federal grand jury on a charge of attempted extortion. According to the Indictment, Lewis attempted to obtain $2,500 in cash from a local businessman in return for official acts, specifically, the passage of a local ordinance permitting drive-through alcohol sales.
Lewis faces a maximum sentence of 20 years in prison, a $250,000 fine, and three years of supervised release. The indictment is only an accusation and is not evidence of guilt. Lewis is entitled to a fair trial, during which it will be the Government’s burden to prove his guilt of the charge in the Indictment beyond a reasonable doubt.
The case was investigated by the Statesboro office of the FBI. Assistant United States Attorney R. Brian Tanner is prosecuting the case on behalf of the United States. Any questions should be directed to First Assistant United States Attorney James D. Durham at (912) 201-2547.
Chatham Area Transit Officials Indicted in Bribery and Kickback SchemeRead the Press Release
SAVANNAH, GA – Chadwick L. Reese, 44, the Executive Director of the Chatham Area Transit Authority (CAT), and Joel T. Morris, 53, CAT’s Director of Maintenance, were indicted this week by a federal grand jury sitting in Savannah, Georgia for their alleged roles in a bribery and kickback scheme. According to the allegations contained in the Indictment, from April of 2014 to the present, Reese and Morris used their official positions at CAT to enrich themselves by soliciting and accepting cash and other payments in exchange for rigging the award of CAT contracts to selected individuals and companies.
Reese and Morris each face multiple counts of mail fraud and extortion. Each count of mail fraud carries a maximum sentence of 20 years in prison, $250,000 fine and 3 years of supervised release. Each count of extortion also carries a maximum sentence of 20 years in prison, $250,000 fine and 3 years of supervised release. An indictment is only an accusation and is not evidence of guilt. The Defendants are entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The case was investigated by the Savannah and Jacksonville offices of the FBI. First Assistant United States Attorney James D. Durham is prosecuting the case on behalf of the United States. Any questions should be directed to Mr. Durham at (912) 201-2547.
Savannah Man Sentenced to Life in Prison for Role in Forcing Children to Engage in ProstitutionRead the Press Release
Savannah, GA – Jeremy Grant, 26, from Savannah, was sentenced last Friday by Chief United States District Court Judge Lisa Godbey Wood to life in prison for his role in a conspiracy to engage in the sex trafficking of minors. Grant’s life sentence means that he will spend the remainder of his life in prison; there is no parole in the federal system.
During the guilty plea and sentencing hearings, the evidence showed that between at least June of 2014 and January of 2015, Grant recruited vulnerable and financially destitute minors by offering them food and shelter. Grant then forced the minors to engage in sex acts for money, which he kept. Grant took pictures of the minors, used on-line social media sites to advertise the minors, and transported the minors to various hotels to engage in commercial sex acts. The evidence further showed that Grant physically abused some of the minors, raped them, and threatened to kill their families if they did not engage in prostitution. While sentencing Grant to life in prison, Judge Wood remarked that Grant’s conduct was “soul sapping” and that Grant committed “almost unfathomable actions towards human beings.”
United States Attorney Edward J. Tarver said, “This defendant stole the childhood and innocence from his victims and made their lives a living hell. He turned our most vulnerable and precious citizens into sex slaves and sold them for money, over and over again. Let me be absolutely clear: anyone who abuses children for their depraved sexual and financial enjoyment will be brought to justice and can expect to spend the rest of their life in prison.”
The investigation of this case was conducted by the FBI, the Pooler Police Department and Savannah-Chatham Metropolitan Police Department (SCMPD). Anyone who suspects instances of child sexual exploitation is encouraged to call 1-800-843-5678, which is operated by the National Center for Missing and Exploited Children in partnership with the FBI and other law enforcement agencies.
Assistant United States Attorneys Tania D. Groover and Carlton R. Bourne prosecuted the case on behalf of the United States. For additional questions, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Federal Prison Guard Sentenced to Prison for Conspiring to Bring Marijuana into Prison for an InmateRead the Press Release
Augusta, GA: Anna Marie McDonald, 57, from McRae, Georgia, was sentenced last week by Senior United States District Court Judge Dudley H. Bowen, Jr. to serve 6 months in prison followed by 3 years of supervised release for her role in a conspiracy to bring marijuana into a federal prison facility for an inmate.
According to evidence presented during the guilty plea and sentencing hearings, McDonald, a former Federal Bureau of Prisons (BOP) Contract Correctional Officer assigned to the Correctional Institution in McRae, agreed through text messages to provide marijuana to an inmate in December 2014 in exchange for money. Evidence also showed that McDonald had smuggled both alcohol and cigarettes into the facility for inmates on other occasions. As a result, federal inmates Juan Carlos Armenta-Garcia and Oscar Sierra-Rubio were both convicted of receiving contraband in prison. In October 2015, each received a 6 month prison term followed by a year of supervised release.
United States Attorney Edward Tarver said, “This defendant chose to place her own greed above the safety of other BOP employees and the public she was sworn to protect. Those who agree to smuggle contraband into federal prisons can expect to join the inmates from whom they are attempting to profit.”
The case was investigated the U. S. Department of Justice Office of the Inspector General. Assistant U. S. Attorney Nancy C. Greenwood prosecuted the case on behalf of the United States. Any additional questions should be directed to First Assistant James D. Durham at (912) 201-2647.
59,000 Elementary, Middle and High School Students Sign Pledge Against Gun ViIolenceRead the Press Release
SAVANNAH, GA – United States Attorney Edward Tarver announced that 59,000 students in Chatham, Richmond, Burke, Columbia, Evans, Liberty and Wilkes Counties joined with students across the nation to take the Student Pledge Against Gun Violence.
Students individually and voluntarily pledged to do their part to stop gun violence. Middle and High school students pledged that they will never take a gun to school, will never resolve a dispute with a gun and will use their influence to prevent friends from using guns to cause harm to others. Elementary students made a simpler commitment, pledging to not touch a gun, if they see one, to assume that any gun they see might be loaded and to make smart choices to keep themselves safe.
The Student Pledge Against Gun Violence is a national initiative that honors the role that young people, through their own decisions, can play in reducing gun violence. Held in conjunction with the Day of National Concern about Young People and Gun Violence, the initiative provides a means for teachers and community leaders to speak to young people about gun violence. Over 10 million students nationwide have signed the pledge since its inception in 1996.
In addition to providing the pledges to school leaders and students in the 43 counties that make up Georgia’s Southern District, the U.S. Attorney’s Office coordinated with community leaders and local, state and federal law enforcement agencies to provide speakers at several school assemblies to talk to students about what they can do to reduce gun violence in their communities.
U.S. Attorney Tarver stated, “I am extremely pleased to have received such an outstanding response from our schools and community leaders. To have 59,000 students engage in the conversation about gun violence will surely make an impact on the safety of our schools and communities. I would like to acknowledge each of the superintendents, members of the board of education, volunteer speakers and school program coordinators for their critical role in carrying out this initiative. This was truly a community effort, and one that I believe achieved great success.”
The U.S. Attorney’s Office for the Southern District of Georgia plans to continue the initiative on an annual basis with the goal of obtaining participation by every school in each of the District’s 43 counties.
If you would like more information on The Student Pledge Against Gun Violence, please contact Nic Roberts at nicole.roberts@usdoj.gov or 912-652-4422.
Twice Convicted Turtle Egg Thief Sentenced to 21 Months in PrisonRead the Press Release
BRUNSWICK, GEORGIA- Lewis Jackson, 61, of Brunswick, Georgia was sentenced today by Chief United States District Judge Lisa Godbey Wood to serve 21 months in prison on his second conviction for violating the Lacey Act by stealing viable sea turtle eggs from Sapelo Island, Georgia. The Lacey Act forbids the stealing and transporting of endangered species, including loggerhead sea turtle eggs. Back in 2013, Jackson was sentenced to 6 months in prison for his first Lacey Act conviction.
According to evidence presented during the guilty plea and sentencing hearings, on July 6, 2015, a Wildlife Technician with the Georgia Department of Natural Resources Sea Turtle Program discovered that 84 loggerhead sea turtle eggs from a nest on Sapelo Island, Georgia were missing. Law enforcement determined that one of the visitors to the island that day was Jackson, who had stolen over 150 loggerhead turtle eggs in 2012. The next day, on July 7, Jackson was arrested trying to leave the island with a cooler full of sea turtle eggs. Jackson appeared to have wrapped the eggs with the intent to sell them. Loggerhead eggs now fetch as much as $25 per egg on the black market. Because of Jackson’s handling of the turtle eggs, they were no longer viable and were therefore destroyed. Sea turtles are long-lived and slow to reach maturity. Pressures from the illegal harvesting of eggs and the poaching of adults worsen the extinction risk faced by these animals. In Georgia, the loggerhead sea turtle is listed as “threatened” under the Endangered Species Act and is the most common sea turtle which nests on Sapelo Island.
United States Attorney Edward Tarver said, “After a prison sentence 3 ½ times longer than his first, this defendant should finally get the message that when you seek to profit by unlawfully exploiting our endangered species and national treasures, your next stop will be a federal prison.”
“This multi-agency investigation highlights the importance the U.S. Fish and Wildlife Service and the Georgia Department of Natural Resources place on protecting our nation's most imperiled species from unlawful harvest and illegal commercialization, and the effectiveness of the Lacey Act in implementing those protections," said Luis Santiago, Special Agent in Charge, Southeast Region, U.S. Fish and Wildlife Service’s Office of Law Enforcement. "This case and today’s sentencing demonstrate that those seeking financial gain at the expense of our protected wildlife resources will be caught and held accountable.”
“We appreciate the cooperation from the other agencies in bringing this case to a successful close,” said Colonel Eddie Henderson, director of Georgia DNR’s Law Enforcement Division. “I hope this sends a message that crimes that negatively impact wildlife, or any of our natural resources, won’t be tolerated in Georgia.”
This case was investigated by the United States Fish and Wildlife Service, the Georgia Department of Natural Resources, and the United States Probation Office. Assistant United States Attorney E. Greg Gilluly, Jr. prosecuted the case on behalf of the United States. Please direct any additional questions to First Assistant United States Attorney James D. Durham at (912) 201-2547.
Former Employee of NSA Subcontractor Pleads Guilty to Filing False TimesheetsRead the Press Release
AUGUSTA, GA: Jesse James Anderson, 34, of Augusta, Georgia pled guilty earlier this week to an information charging him with making false statements, in violation of 18 U.S.C. § 1001. The false statements concerned the number of hours he worked for a National Security Agency (“NSA”) subcontractor.
According to evidence presented during the guilty plea hearing, Anderson worked as a linguist for an NSA subcontractor from February 1, 2012 to January 31, 2014. During this time, Anderson submitted numerous timesheets falsely stating the number of hours he had worked. In total, Anderson claimed he worked 736.25 more hours than he actually did, which caused the United States to pay out $69,276.55 more than was actually owed.
United States Attorney Edward J. Tarver said, “False claims submitted to the United States for payments not owed is theft and should be punished to the full extent of the law. Protecting taxpayer money is a top priority for this United States Attorney’s Office.”
Anderson faces a maximum penalty of 5 years in prison and a $250,000.00 fine. In addition, the Court can order Anderson to pay restitution in the amount of $69,276.55.
NSA Office of Inspector General Investigator Kristen M. McGrath conducted the investigation which led to the information and plea. Assistant United States Attorney C. Troy Clark is prosecuting the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Former Chief Clerk of the Chatham County Probate Court Sentenced to 6 Years in Prison for over $750,000 in Theft from Probate CourtRead the Press Release
SAVANNAH, GA –KIM H. BIRGE, 61, the former Chief Clerk of the Chatham County Probate Court, was sentenced Friday by United States District Court Judge William T. Moore, Jr. to serve 6 years in federal prison for a scheme to steal money that was entrusted to the Probate Court. Birge pled guilty in July to mail fraud.
According to the allegations contained in the indictment and testimony presented in during court proceedings, between January 2011 and November 2014, Birge embezzled and stole more than $750,000 from the Probate Court’s bank accounts. Birge would deposit funds sent to the Probate Court for conservatorships into the Court’s bank accounts, but then wrote 342 checks payable to cash out of those accounts for her personal benefit.
United States Attorney Edward Tarver stated, “The victims in this case entrusted the probate court to keep money they were entitled to safe and secure. Sadly, for years the defendant was stealing and spending that money. Thanks to the investigative efforts of our law enforcement partners, she is now being held accountable for her crimes. The United States Attorney’s Office remains committed to prosecuting corruption at every level of government and will not tolerate abuse of the public’s trust.”
Glen M. Kessler, Resident Agent in Charge of the United States Secret Service, stated “Real people were harmed here. Using the guise of her position, this defendant pilfered the probate court accounts for her own use, but the victims she left behind will suffer for her actions for years to come. The U.S. Secret Service and our law enforcement partners will continue to root out fraud regardless of where it is found.”
The investigation of the Birge case was jointly conducted by the United States Secret Service and the Savannah Chatham Metropolitan Police Department. Assistant United States Attorneys Brian Rafferty and Scarlett S. Nokes prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Former Vidalia, Georgia Attorney Sentenced to 8 Years in Prison for Defrauding His Clients and OthersRead the Press Release
SAVANNAH, GA – Wilson R. Smith, 63, a former attorney from Vidalia, Georgia, was sentenced earlier this week by Chief United States District Court Judge Lisa Godbey Wood to serve 8 years in federal prison for a scheme to settle his clients’ cases without their knowledge and to steal the settlement proceeds. Smith pled guilty in May to mail fraud and aggravated identity theft charges.
According to evidence presented during the sentencing hearing, Smith settled two separate personal injury cases from 2013 to 2014, without his clients’ knowledge or authority, and then kept the $1.25 million in settlement proceeds for himself. Smith delayed detection of his scheme by providing his clients with phony case updates, including fictitious trial dates. One of Smith’s clients became concerned about supposed trial delays and contacted a court clerk. The client was told that the lawsuit had been settled and dismissed for over a year. Shortly thereafter, on January 14, 2015, Smith was arrested by the Georgia Bureau of Investigation (GBI). Later, Smith was indicted on federal fraud charges in February of 2015. Additional investigation determined that Smith schemed at least 10 victims out of settlement proceeds and other monies held in his attorney trust account.
United States Attorney Edward Tarver stated, “This former attorney chose greed over the interests of his clients. He caused great harm to the clients he swore to protect and to the entire legal system. Attorneys who lie, cheat and steal can expect that their lawyering days will soon be over and that they’ll find themselves in a federal prison cell.”
In addition to an 8-year prison sentence, Smith was ordered to pay $1,285,000 in restitution. After his released from prison, Smith will serve 3 years on supervised release.
The investigation of the Smith case was conducted by the GBI, the District Attorney’s Office of the Middle Judicial Circuit, and the FBI. First Assistant United States Attorney James D. Durham prosecuted the federal case on behalf of the United States.
U.S. Attorney's Office Invites Schools to Participate in the National Student Pledge Against Gun ViolenceRead the Press Release
SAVANNAH, GA – United States Attorney Edward Tarver announced that on Wednesday, October 21, 2015, students in public schools throughout the Southern District of Georgia will join with students from across the nation to participate in the first annual Student Pledge Against Gun Violence Day.
Elementary, middle and high school students will be given the opportunity to voluntarily sign pledges. Older students will vow that they will never take a gun to school, will never resolve a dispute with a gun and will use their influence to prevent friends from using guns to cause harm to others. Elementary students will make a simpler commitment, pledging that if they see a gun they will not touch it, they will assume that any gun they see might be loaded and they will make smart choices to keep themselves safe.
The Student Pledge Against Gun Violence is a national initiative that honors the role that young people, through their own decisions, can play in reducing gun violence. Held in conjunction with the Day of National Concern about Young People and Gun Violence, the initiative provides a means for teachers and community leaders to speak to young people about gun violence. Over 10 million students nationwide have signed the pledge since its inception in 1996.
U.S. Attorney Tarver stated, “This United States Attorney’s Office is pleased to join in this important initiative. Through the pledge, we hope to provide our local schools with an opportunity to start a discussion with their students about the dangerous and often deadly toll that gun violence has on their generation. Prevention begins with the knowledge that each individual has the power to make the right choices to put an end to senseless violence.”
In addition to providing the pledges to school leaders and students in the 43 counties that make up Georgia’s Southern District, the U.S. Attorney’s Office will also coordinate with community leaders and local, state and federal law enforcement agencies to provide speakers at several schools to talk to students about what they can do to reduce gun violence in their communities.
If your school is interested in participating in the Student Pledge Against Gun Violence Day, please contact Katie Guardino at katherine.guardino@usdoj.gov or 912-652-4422.
15 Savannah Residents Charged with Federal Firearm Drug Trafficking and Related OffensesRead the Press Release
SAVANNAH, GA – 15 Savannah residents were charged within the past week with federal firearms and drug-trafficking offenses as part of a joint federal and state violent-crime reduction initiative in the Savannah area. In addition to federal charges, 90 state arrests were made within the past two weeks during a state and federal operation to remove violent offenders, drugs and illegal weapons off of the streets of Savannah.
The Savannah residents charged within the past week with federal crimes include:
Shavar Spence, a/k/a “Veezy,” 31; charged with drug trafficking, possessing a firearm as a convicted felon and related crimes;
Antwan Leshawn Coley, a/k/a “Felix,” 32; charged with drug trafficking;
Braylon Williams, a/k/a “Little Gangster,” 20; charged with drug trafficking;
Lajordan Johnson, 22; charged with drug trafficking and possessing a firearm in furthering of drug trafficking;
Blanche Spence, 50; charged with drug trafficking and with maintaining a drug-related premises;
Charles Leonard Mobley, 21; charged with possessing a firearm as a convicted felon;
Miguel Antwan Mitchell, 28; charged with drug trafficking and possessing a firearm as a convicted felon;
Bruce Lloyd, 30; charged with drug trafficking and possessing a firearm as a convicted felon;
Brandon Anthony Adams, 28; charged with drug trafficking and possessing a firearm as a convicted felon;
Laron Allen, 28; charged with possessing a firearm as a convicted felon;
Kwesi Nkosi Chew, 28; charged with drug trafficking and possessing a firearm as a convicted felon;
Tsaddiq Ndesha Chew, 26; charged with drug trafficking and possessing a firearm as a convicted felon;
Rakeem Gallop, a/k/a “Slice,” 25; charged with drug trafficking and possessing a firearm as a convicted felon;
Michael Simpson, 51; charged with an attempted carjacking; and,
Todd Benjamin, a/k/a “Todd Royal,” 20; charged with an attempted carjacking.
U.S. Attorney Edward Tarver said, “Law enforcement’s top priority is the safety of our citizens. The U.S. Attorney’s Office will work hand in hand with our federal and state law enforcement partners to remove dangerous criminals who traffick in guns, drugs and fear in the Savannah area. Let me be clear. I believe that some people are dangerous and need to go to prison, sometimes for a very long time. But, arresting criminals is not the only answer to Savannah’s violent crime problem. The U.S. Attorney’s Office will continue to provide its support to a number of other anti-crime initiatives, including recidivism reduction campaigns and the City’s “Step Forward” strategy. Working together, we can end the violent crime problems plaguing the great city of Savannah.”
District Attorney Meg Heap stated, “I have said before that the key to the success of the Step Forward strategy is a consistent, collaborative effort from all stakeholders in Savannah and Chatham County. This recent effort is just one step in the journey to stop violence and develop long term positive change in our community. I want to commend the U.S. Attorney’s Office and all of the law enforcement agencies who were involved in this operation.”
Joseph H. Lumpkin, Sr., Chief of Police of the Savannah-Chatham Metropolitan Police Department said, “This is a great example of how collaborations between local, state and federal law enforcement agencies can effect real change in reducing violent crime. The goal of our “End Gun Violence: Step Forward” initiative is to target individuals such as these prohibited gun carriers as well as get illegal guns off the street. The citizens of Savannah and Chatham County can expect to see more of this focused teamwork and prosecution aimed at the .5% percent of our population who are engaged in gun violence and are creating fear in our neighborhoods.”
Mr. Tarver emphasized that criminal charges are accusations and are not evidence of guilt. The defendants are entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
Douglas Residents Indicted on Federal Drug Trafficking ChargesRead the Press Release
WAYCROSS, GA - Don Edward Adams, Jr. aka L’il Don, 30, and Ashleigh Brooke Johnson, 28, both from Douglas, Georgia, were indicted by a federal grand jury and charged with conspiring to traffic oxycodone, a Schedule II controlled substance. Both defendants appeared for their arraignments on Tuesday before United States Magistrate Judge R. Stan Baker in the federal courthouse in Waycross, Georgia. On Wednesday, Judge Baker ordered the pair detained pending a trial or other disposition.
If convicted, the defendants face up to 20 years in prison, 3 years of supervised release and a $1 million fine. United States Attorney Ed Tarver emphasized that the indictment is only an accusation and is not evidence of guilt. The defendants are entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The charges resulted from a joint investigation conducted by the DEA, GBI, the Coffee County Sheriff’s Office and the Douglas-Coffee Drug Unit. Assistant United States Attorney Charlie Bourne is prosecuting the case. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Former Chatham County Deputy Sheriff Sentenced to over 17 Years in Federal Prison for Production of Child PornographyRead the Press Release
SAVANNAH, GA - Richard Adam Hall, 53, a former Chatham County Deputy Sheriff, was sentenced today by Chief United States District Judge Lisa Godbey Wood to 206 months in prison based on his conviction for Production of Child Pornography.
According to the evidence presented at the guilty plea and sentencing hearings, Hall was under investigation by the Chatham County Sheriff’s Office for child molestation, and a search of Hall’s residence resulted in the recovery of numerous sexually explicit photographs of a juvenile male. A further investigation revealed that the minor depicted in the photographs traveled with Hall to Tennessee and Florida where the minor was molested by Hall on multiple occasions. The sexually explicit photographs of the minor were taken by Hall when the victim was approximately 12 years old. Hall’s criminal conduct occurred while he served as a Deputy Sheriff with the Chatham County Sheriff’s Office.
Last year, a Chatham County grand jury indicted Hall on 25 counts of child molestation and related offenses. The State charges against Hall are still pending.
United States Attorney Edward Tarver stated, “This defendant was supposed to protect the innocent; instead, he preyed on children. He now rightfully faces hundreds of months in a federal prison cell. When he’s released, he’ll then be under the watchful eye of federal probation officers for the rest of his life. The U.S. Attorney’s Office will work hard with our state and federal law enforcement partners to make sure that sex offenders who prey on the innocent will end up where they belong, in prison.”
“To see an individual who takes an oath to uphold the law turn and exploit that position of trust is heinous and truly heartbreaking,” said Special Agent in Charge Nick S. Annan, ICE Homeland Security Investigations (HSI) in Atlanta. “Law enforcement officers at all levels of government, including our partners at the Chatham County Sheriff’s Office in this investigation, are engaged in a desperate battle to stop child predators from victimizing and abusing the most innocent members of society. This defendant betrayed everyone in his community and everything he pretended to stand for in his pursuit of perversion. His extensive incarceration is well deserved punishment.”
“The Savannah Chatham Metropolitan Police Department will continue to assist and support State of Georgia and federal agencies to investigate and bring to justice those that violate our children. Savannah Chatham Metropolitan Police Department personnel assigned to federal task forces are performing admirably in those roles,” said Chief Joseph Lumpkin.
Chatham County Sheriff Al St. Lawrence said, “The Chatham County Sheriff’s Office (CCSO) is entrusted with the safety of the public. Unfortunately, we had among our ranks one that violated that principle. After receiving information about these crimes, the CCSO conducted an investigation resulting in the arrest of former Lt. Richard A. Hall for multiple egregious against children offenses that occurred a lengthy time period. We appreciate the job our investigators did in conducting this investigation, and the assistance of other agencies, especially Armstrong State University Police Department's Forensic Investigation Unit. We also appreciate HSI for their fantastic assistance in concluding this investigation, and partnering with the US Attorney's Office and the District Attorney's Office to ensure that justice prevailed.”
In addition to a prison sentence, Judge Wood also sentenced Hall to a lifetime of supervised release. Mr. Tarver noted that there is no parole in the federal system.
The federal indictment of Hall arose out of a joint investigation by HSI, the Chatham County District Attorney’s Office, the Chatham County Sheriff’s Office, the Savannah-Chatham Metro Police Department, and Armstrong State University’s Police Department. Assistant United States Attorneys Brian T. Rafferty and Daniel R. Crumby prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Convicted Sex Offender Sentenced to 15 Years in Federal Prison for Possession of Child PornographyRead the Press Release
SAVANNAH, GA - Oris Blair III, 38, a previously convicted sex offender from Savannah, Georgia, was sentenced today by Chief United States District Judge Lisa Godbey Wood to 15 years in federal prison, this time for possessing thousands of images of child pornography. Blair pled guilty to the federal offense in early 2014.
According to evidence presented during his guilty plea and sentencing hearings, members of the Queensland Police Department (QPD), in Brisbane, Australia, arrested an Australian citizen for distributing child pornography. Investigators determined that the Australian citizen distributed child pornography to hundreds of additional individuals worldwide, including Blair, a previously convicted sex offender residing in Savannah, Georgia. After identifying Blair as a potential recipient of the child pornography, investigators reviewed email exchanges between Blair and others. In one of the email exchanges, Blair wrote, “I like boys from 0 on up.” The investigation determined that Blair had received, possessed and distributed child pornography. In total, Blair was found to be in possession of at least 2,031 images and 318 videos of child pornography. Many of the images depicted prepubescent males, toddlers, and infants being brutalized and raped by adults.
In 2002, Blair was convicted in Chatham County Superior Court on two counts of Enticing a Child for Indecent Purposes. Both of those counts involved Blair sodomizing minors on two separate dates. For those charges, Blair received a sentence of 7 months in prison, followed by just over 9 years of probation.
United States Attorney Edward Tarver said, “We cannot allow Blair another opportunity to inflict irreparable harm on children. Blair deserves every day in prison he was sentenced to serve. And, after he’s released from federal prison, Blair will be on federal supervised release for the remainder of his life. The successful outcome of this prosecution is the direct result of the hard work and cooperation by the FBI and our friends with Australia’s Queensland Police Department.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated, “Today’s sentencing reflects the serious nature of the defendant’s unbridled exploitation of children through child pornography. Every time one of these images is traded or otherwise distributed, the child on those images is again victimized. The FBI is proud of the role that it played in removing this individual from our streets as we continue to work hard to protect our nation’s children from individuals like Mr. Blair.”
This case was investigated by the Australia’s Queensland Police Department and the FBI. Assistant United States Attorneys Greg Gilluly and Jenna Solari prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Former Richmond County Coroner Sentenced to Three Years in Prison for Credit Card FraudRead the Press Release
Augusta, GA: Grover F. Tuten, Jr., 72, the former Coroner for Richmond County, Georgia, was sentenced today to 36 months in prison by United States District Court Judge J. Randal Hall after pleading guilty to his repeated use of a deceased person’s debit card without authorization.
According to evidence presented at the guilty plea and sentencing hearings, the victim passed away on August 24, 2012. Afterwards, and while he was the Richmond County Coroner, Tuten obtained the victim’s bank card from the victim’s caretaker. Tuten proceeded to unlawfully make 33 ATM withdrawals in the Augusta area. Many of these withdrawals were captured on bank surveillance video. Tuten unlawfully received $9,800 in cash as a result of his theft.
United States Attorney Edward Tarver stated, “The crimes admitted here are troubling. Our elected officials are sworn to serve the community, not themselves. This activity erodes the public’s trust in its government and their elected officials. This United States Attorney’s Office will continue to work with our local, state and federal law enforcement partners to uncover public corruption and to prosecute public officials who have violated the public’s trust.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “Today’s sentencing in federal court holds former Richmond County Coroner Tuten accountable for his greed-driven criminal conduct. This conduct was made all the more reprehensible in that the victim was a deceased person under the charge of his office. The FBI will continue to provide significant investigative resources toward identifying and presenting for prosecution those officials engaged in public corruption.”
Tuten still faces state charges of theft by taking and violation of oath by a public officer and is being prosecuted by District Attorney Ashley Wright of the Augusta Judicial Circuit.
Tuten’s state and federal cases were investigated by Special Agent Charles E. McKee of the FBI. Assistant United States Attorney Lamont A. Belk prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Jesup, GA Residents Sentenced to Federal Prison in Identity Theft and Tax Return ScamRead the Press Release
Brunswick, GA – Aquilla Terrell Randolph, 39, of Jesup, Georgia, was sentenced last week to 68 months in prison by United States Court Chief Judge Lisa Godbey Wood after pleading guilty to his role in an identity theft and tax return scam. Last month, Randolph’s co-conspirator, Edward C. Jennings, 37, also of Jesup, Georgia, was sentenced to 9 months in prison.
According to evidence presented at the guilty plea and sentencing hearings, Randolph used the stolen identities of others to file fraudulent tax returns with the IRS. Randolph stole the identities of at least 26 individuals to file at least 35 fraudulent tax returns, which resulted in fraudulent refund payments totaling over $280,000. Jennings assisted Randolph by allowing refund checks to be mailed to his residence and later cashing at least one fraudulently obtained refund check.
United States Attorney Edward Tarver stated, “Prosecuting identity thieves who profit by defrauding innocent citizens and the IRS remains a high priority in the Southern District of Georgia. As these defendants have learned, we will work closely with the IRS to investigate tax refund scams in order to hold the perpetrators accountable.”
“Identity thieves continue to believe they can rob from the American taxpayer,” said Veronica F. Hyman-Pillot. “These sentences show IRS-CI’s commitment to pursue the individuals whose objective is to defraud the tax system.”
This case was investigated by Special Agents with IRS-CI. Assistant United States Attorney Scarlett S. Nokes and former Assistant United States Attorney T. Shane Mayes prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Acting Associate Attorney General Stuart F. Delery Delivers Remarks at A Servicemembers Town Hall at Fort StewartRead the Press Release
FORT STEWART, GEORGIA
Thank you, Ed, for the kind introduction and thank you to everyone in your office who helped put together this visit. And thank you to the 3rd Infantry Division and the entire Fort Stewart community for inviting me and for providing me with such a warm welcome. It is a great honor to be here. Seeing firsthand your dedication and commitment to serving our country in the Armed Forces is inspiring and motivating.
Through the lens of my responsibilities at the Department of Justice, I have had the privilege and the duty to learn about the work that you do. I am fortunate that my work has touched on a remarkable range of interesting issues, from defending court challenges to the health care law and to environmental regulations to investigating and prosecuting hate crimes to protecting the safety of the medicines we take and the food we eat. But throughout my time at the department, the Attorney General has identified “combating terrorism and other national security threats at home and abroad” – using every available and appropriate tool to keep the American people safe – as the department’s highest priority.
As the department has defended the legality of terrorism watch lists or represented current and former military officers when they are sued for things they have done in service to the country, I have opened a small window into the military world – a world that, as the Supreme Court has said, is, “by necessity, a specialized society separate from civilian society,” that has, “by necessity, developed laws and traditions of its own during its long history.” I have seen the scope and difficulty of the essential work of the military and of the intelligence community, and the essential contributions that individual servicemembers make.
One lesson I have taken from these experiences is how important it is for those of us on the civilian side of the government who interact with the military to do more to understand its culture and traditions, its unique needs and pressures. To perform the role we play in defending the actions of the Department of Defense and other national security agencies, we at the Justice Department need to bridge any divide between ourselves and our clients. That is one of the reasons why I am grateful for the chance to be here today.
But the connection between the Justice Department and the military is not limited to defending national security programs when they are challenged in court. We also have a responsibility to protect your rights and interests, as servicemembers and, later, as veterans. It is that responsibility I want to focus on in my remarks to you today.
It is a sad reality that servicemembers face many obstacles and challenges both during and after military service. You should not have to worry that the equipment you use in the course of protecting and securing our country is unsafe or defective. You should not have to worry while you are overseas that your car will be repossessed or that your home will be subject to an illegal foreclosure without your knowledge. You should not have to worry that you will be targeted by a financial scam that could threaten your hard-earned savings or, should you later join the Reserves, that you will lose your civilian job when you report for duty.
And yet, far too often, we see these things happen. We see unscrupulous businesses attempt to take advantage of the stresses a servicemember faces while preparing for a deployment or of the added difficulties your families face when you are deployed. It is vital that we hold those people accountable – that we at the Justice Department do our jobs in enforcing the criminal and civil laws designed to protect servicemembers, veterans and their families so that you can focus on your invaluable work protecting our nation.
That is why I was honored earlier this year to announce the Attorney General’s creation of the Justice Department’s Servicemembers and Veterans Initiative – a coordinated effort to ensure that the legal protections relating to servicemembers’ rights and interests are made real for men and women in uniform across the country.
I want to talk today about three ways in which the department’s enforcement efforts are working – by helping to ensure you have the right equipment and support to do your job safely abroad; by protecting your financial and voting rights while you are serving your country; and by providing you all of the support you are entitled to by law when you transition back to civilian life.
As members of the Armed Forces, you sacrifice so much. You are asked to leave your friends and family and travel to distant locations, where you may have to put yourself in harm’s way in order to secure our nation. The government should provide you with the tools you need to do that job. The Department of Justice helps ensure that you only are given equipment that meets performance standards by aggressively pursuing lawsuits against defense contractors who have provided defective, unsafe, or counterfeit devices to the military.
For example, imagine serving in a unit engaged in nighttime combat in Iraq. In covert or search-and-rescue operations, you rely on high-powered flares for illumination – three-foot-long tubes filled with propellant that burn in excess of 3,000 degrees Fahrenheit. Your safety depends on those flares working the way they are supposed to, providing the light you need and not creating an additional hazard when you already have too many to worry about.
And yet, several years ago, a whistleblower alerted the government that a company making many of the flares used in Iraq and Afghanistan had knowingly been selling defective ones. An investigation found that the flares the company had delivered could not withstand a ten foot drop without exploding or igniting – and that the company was aware of this defect.
Confronted with these facts, the company agreed to pay the federal government $21 million. More importantly, under the settlement the company also spent an additional $16 million to retrofit the 76,000 unsafe flares remaining in the military’s inventory – that is, to make sure the soldiers in the field would have safe flares going forward.
The Justice Department’s efforts to ensure that contractors live up to their obligations to provide safe, reliable products to the military also extend to bringing criminal charges where appropriate. Take the case of a contractor that provided defective wing pins to the Department of Defense. You may know that wing pins secure the wings of F-15 fighter aircraft. The contractor promised that it would make the pins using a certain type of hardened steel and subject them to a rigorous safety inspection process. But it didn’t: some of the wing pins were made with the wrong type of steel and many were not subjected to proper safety testing. When the former owner of the contractor was questioned about the defective parts, he provided forged documents falsely claiming that a third-party testing company had conducted the necessary safety tests. He was recently sentenced to six months in prison.
Ensuring that the equipment you use meets critical safety and performance standards is an important priority for our government. But our country’s obligation to you does not end on the battlefield. We also have an obligation to ensure that the rights you and your family have are protected at home while you serve overseas. The Department of Justice works to meet this obligation by enforcing laws that protect your financial and voting rights while you serve on active duty, allowing you to focus on your critical jobs.
One such law is the Servicemembers Civil Relief Act (SCRA) which provides protections for servicemembers who are entering active duty by postponing or suspending certain obligations associated with rental agreements, automobile leases, mortgage foreclosures, evictions, security deposits, installment contracts, student loan payments and more. It also eases financial burdens by providing relief from some credit obligations and court proceedings while you are on active duty. This law is intended to allow servicemembers to focus on deployment and to reduce the stress placed on family members while their loved ones are away. It was also created in recognition of the fact that servicemembers frequently have your lives disrupted with little advance notice, which may have serious financial implications for you and your families.
Many of you have probably heard stories of servicemembers who have lost homes, cars, or belongings while they were deployed. Some of you may have been the victims of fraud yourselves. The Department of Justice is committed taking action in these cases. We have used the SCRA to obtain $60 million dollars in compensation to nearly 78,000 servicemembers who were charged excess interest on their student loans by Navient Corporation, the student loan servicer that was formerly part of Sallie Mae. We are in the process of obtaining relief for hundreds of servicemembers who were subjected to wrongful mortgage foreclosures or interest rate violations by five of the country’s largest mortgage lenders; already, 952 servicemembers and their co-borrowers have received over $123 million from four banks and mortgage lenders who improperly foreclosed on the servicemembers’ homes without going to court. The banks also committed to repairing any negative credit reporting that occurred as a result of these wrongful foreclosures.
Many of the cases the Justice Department brings address improper foreclosures or repossessions on a large scale. For example, earlier this year the department settled allegations that a motor vehicle lender, Santander Consumer USA, had improperly repossessed or collected fees from the repossession of over a thousand vehicles belonging to servicemembers. But these cases often begin not with thousands of complaints, but with one complaint. The investigation of Santander started when a single soldier, Army Specialist Joshua Davis, contacted Army Legal Assistance after his car was repossessed in the middle of the night while he was at basic training. Army Specialist Davis’s complaint made its way to the Justice Department and the resulting investigation revealed evidence not only that that the repossession of Army Specialist Davis’s car was illegal, but that hundreds of other servicemembers had suffered similar illegal repossessions at the hands of the same lender. The SCRA requires a court to review and approve of any repossession if the servicemember took out a loan and made a payment before entering military service. By failing to obtain court orders before repossessing these automobiles, Santander prevented the court from reviewing whether these repossessions should be delayed or adjusted in light of the owners’ military service. Santander wound up paying at least $9.35 million to over 1,000 servicemembers, the largest settlement for illegal automobile repossessions ever obtained by the United States. And it all started with a single servicemember calling attention to conduct that was affecting many of his peers too.
Another obstacle servicemembers and their families can face is difficulty voting while overseas. The Department of Justice enforces the Uniformed and Overseas Citizens Absentee Voting Act, which requires states and territories to allow servicemembers to register and vote absentee in federal elections, as well as in some state and local elections. The Department of Justice recently filed suit in Illinois to ensure that military and overseas citizens of Illinois have sufficient time to vote in special elections for filling vacancies in the U.S. House of Representatives. And in another recent case, the state of West Virginia was ordered by a court to count ballots submitted by military and overseas voters that may have been received after Election Day due to the state’s failure to send ballots to these voters in a timely fashion.
Of course, the challenges faced by servicemembers are not limited to times of active duty. These challenges are often compounded by new issues stemming from military service, such as post-traumatic stress disorder, traumatic brain injuries, substance abuse and other issues that affect reentry to civilian life. That is why we provided grants to support Veterans’ Treatment Courts, which link veterans to programs, benefits and services that may assist in their recovery. We also use our grants to support the efforts of other courts, organizations and law enforcement that provide assistance to servicemembers and veterans who become involved in the criminal justice system and to support mentoring programs and services for youth with a parent in the military.
New challenges also come for servicemembers who join the Reserves, when your military obligations can lead to unfair treatment by civilian employers. Consider the case of Sergeant Timothy Stoner, an Army National Guardsman and college campus police officer who was denied two promotions due to his military duties. Sergeant Stoner is a Sergeant First Class in the Army National Guard with 21 years of military service, including active duty deployments in Afghanistan and Iraq. He has been a campus police officer at Pima Community College in Arizona since 2001, but was repeatedly denied promotions.
It became clear to him that the reason was that the police chief did not approve of his service in the Guard. Sergeant Stoner first applied for the promotion while deployed in Afghanistan and the police chief reportedly called him “selfish” for seeking promotion while he was “volunteering,” as the chief put it, for active military duty. On another occasion, the police chief said that military servicemembers are so used to taking orders that they cannot think for themselves and do not do well in stressful situations. And yet another time, during one of his interviews for the promotion, the police chief questioned whether Sergeant Stoner would retire from military service and became upset when he said that he did not plan to retire.
The Justice Department obtained relief for Sergeant Stoner under the Uniformed Services Employment and Reemployment Rights Act (USERRA) which is a statute created to protect servicemembers who have experienced discrimination in their civilian employment based on their military service or status. USERRA ensures that servicemembers are not disadvantaged in their civilian jobs and are promptly reemployed in these jobs upon returning from duty. This means that employers cannot deny servicemembers promotions they would have reasonably obtained if not for their military service. This also means that employers cannot deny servicemembers their seniority, status and rate of pay they would have received if not for their military service. It means that employers cannot deny applicants a position or withdraw employment offers based on their military service.
Sergeant Stoner is one of the thousands of servicemembers for whom the Department of Justice has sought relief under USERRA. But our goal in bringing these cases extends beyond helping deserving men and women vindicate their rights in the civilian workforce. It is about changing the culture of businesses that would discriminate against servicemembers. As part of the resolution of Sergeant Stoner’s case, for example, the Justice Department required his employer to change its personnel policies to advise all of its employees of their rights and obligations under USERRA.
Before concluding, I want to briefly circle back to the Justice Department’s Servicemembers and Veterans Initiative, which I mentioned towards the beginning of my remarks. One goal of the Initiative is to better coordinate and expand our enforcement efforts – to work closely with federal, state and local enforcement agencies, and with the Departments of Defense and Veterans Affairs, to ensure that we are identifying and addressing the areas in which we can best assist the military community. We will continue to raise awareness of these issues in our discussions with military leadership, as well as with the JAG Corps, which provides legal counseling on base. But we also encourage victims of to come forward and complain. Too often a violation of the rights of servicemembers – particularly financial fraud -- goes unreported because victims feel embarrassed or foolish, or because they think that nothing will happen. But only when you complain is it possible for you to get the help you need. And only when we know there is a problem can we work to stop it.
We also want to make sure that we are doing all we can to ensure that you are aware of the legal protections available to you, and of how to take advantage of these protections if you encounter illegal practices. And because we can’t prosecute our way out of every problem, we are engaging in and supporting consumer education where possible to prevent veterans and servicemembers like you from becoming victims of financial fraud and other illegal activity in the first place.
Our efforts in this Initiative are led by three career Department of Justice attorneys with strong ties to the military community, including Director Silas Darden, a Major in the Air Force Reserves, who is here today. These attorneys serve as a central point of contact on issues affecting servicemembers and veterans so that we may ensure that all available tools are used to address each problem or concern. We want to make sure that all of you and your colleagues across the country, know that this resource is there and how to tap into it.
Going forward, we hope to further strengthen our comprehensive legal support and protection network for servicemembers, veterans and families so that you may focus on your important service to our country.
Thank you again for the invitation to be here today. I look forward to meeting many more of you and to hearing your input on how the Department of Justice can better help you and your families live securely in this country that you protect and defend. Thank you for your time and thank you for your service.
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Optometrist Jeffrey Sponseller and Eye Care One Settle False Claims Act Case for $275,000Read the Press Release
AUGUSTA, GA: Jeffrey Sponseller, O.D. of Augusta, Sponseller Eye Care One, P.C., and S&H Eye Care, LLC, currently doing business as “Eye Care One,” have agreed to pay the United States a total of $275,000.00 to settle allegations that they violated the False Claims Act by submitting or causing the submission of false claims to federal and state healthcare programs for services that were either inadequately performed or not performed at all.
The civil settlement resolves allegations that were originally part of a joint criminal and civil investigation of Sponseller’s submission of bogus claims to Medicare, Medicaid, and the Railroad Retirement Medicare Program for the lengthiest and most expensive type of eye examination conducted on nursing home patients when, in reality, he either conducted a very short eye examination or no examination at all. On January 10, 2014, Sponseller was sentenced to 33 months in prison and ordered to pay $441,729.85 in restitution to Medicare. Sponseller’s civil False Claims Act settlement is in addition to the restitution ordered in his criminal case.
This civil settlement resolves related allegations that were part of a federal lawsuit filed under the False Claims Act on January 8, 2014. Sponseller is the former owner of Eye Care One, located at 3152 Washington Road in Augusta, Georgia, which is now owned by his wife, Tracie Sponseller, O.D. and Matthew Haubert, O.D.
United States Attorney Edward J. Tarver said, “This settlement demonstrates the United States Attorney’s Office’s commitment to pursue all available remedies against those who commit health care fraud. Both criminal and civil avenues will be pursued in order to protect the American taxpayers as well as our nation’s elderly citizens, who were taken advantage of in this instance.”
The case was investigated by Special Agent David Graupner, Department of Health and Human Services, Office of Investigations; and Investigator Kimberly Reinken-Creamer of the United States Attorney’s Office, Southern District of Georgia. The United States was represented by Assistant United States Attorney Shannon Heath Statkus. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
He’s at It Again: Turtle-Egg Thief Convicted A Second Time for Stealing Nested Sea Turtle Eggs from Coastal Georgia IslandRead the Press Release
BRUNSWICK, GEORGIA- Lewis Jackson, 60, of Brunswick, Georgia pled guilty today before Chief United States District Court Judge Lisa Godbey Wood to stealing loggerhead sea turtle eggs in violation of the Lacey Act. Among other things, the Lacey Act makes it unlawful for any person to acquire, receive and transport loggerhead sea turtle eggs, as loggerheads are endangered species under federal law. Back in 2013, Jackson was convicted a first time for stealing turtle eggs, and was sentenced to serve 6 months in prison. Jackson was on federal supervised release when he was caught stealing turtle eggs for the second time.
According to evidence presented during today’s guilty plea hearing, on July 6, 2015, a Wildlife Technician with the Georgia Department of Natural Resources Sea Turtle Program discovered that 84 loggerhead sea turtle eggs from a nest on Sapelo Island, Georgia were missing. Law enforcement determined that one of the visitors to the island that day was Jackson, who had stolen over 150 loggerhead turtle eggs in 2012. The next day, on July 7, Jackson was arrested trying to leave the island with a cooler full of sea turtle eggs. Jackson appeared to have wrapped the eggs with the intent to sell them. Loggerhead eggs now fetch as much as $25 per egg on the black market. Because of Jackson’s handling of the turtle eggs, they were no longer viable and were therefore destroyed. Sea turtles are long-lived and slow to reach maturity. Pressures from the illegal harvesting of eggs and the poaching of adults worsen the extinction risk faced by these animals. In Georgia, the loggerhead sea turtle is listed as “threatened” under the Endangered Species Act and is the most common sea turtle which nests on Sapelo Island.
In 2013, Jackson was sentenced to 6 months in prison and 2 years of supervised release. For his second conviction, he faces a maximum of 5 years in prison and a $250,000 fine. A new sentencing date will be set after the United States Probation Office conducts a presentence investigation. Jackson remains in the custody of the United States Marshals pending his sentencing.
United States Attorney Edward Tarver said, “This defendant has attempted to profit yet again by unlawfully exploiting an endangered species and a national treasure. Since his 6 months was apparently not a sufficient deterrence, we will ask that this defendant be sentenced to serve a significant amount of the next few years in a federal prison.”
Luis Santiago, Special Agent in Charge, Southeast Region, U.S. Fish & Wildlife Service, stated, “We take our mission to support our state counterpart wildlife enforcement agencies very seriously and we will continue to work with our counterparts to concentrate on and aggressively pursue individuals who are involved in the illegal trade of protected species of wildlife.”
This case was investigated by the United States Fish and Wildlife Service, the Georgia Department of Natural Resources, and the United States Probation Office. Assistant United States Attorney E. Greg Gilluly, Jr. is prosecuting the case for the United States. Please direct any additional questions to First Assistant United States Attorney James D. Durham at (912) 201-2547.
Final Defendant Sentenced in Savannah Drug Trafficking CaseRead the Press Release
SAVANNAH, GA - Telly Savalas Riley, a/k/a KoJak, 39, from Crescent, Georgia was sentenced last week by United States District Judge William T. Moore, Jr. to 146 months in prison for his role in a large-scale drug trafficking organization. Defendant Riley was the last of 22 defendants sentenced for running a drug-trafficking organization that operated out of Savannah, Atlanta, South Carolina and elsewhere.
The two-year investigation of this case was conducted by the Organized Crime Drug Enforcement Task Force (OCDETF) and involved the use of court-authorized wiretaps, undercover purchases of cocaine and search warrants. Agents with the DEA, Chatham County-Narcotics Team (CNT), Beaufort County South Carolina Sheriff’s Department, and the South Carolina Law Enforcement Division worked the joint investigation. During the investigation, agents seized cocaine with an estimated street value of $1.5 million, marijuana with an estimated street value of $50,000, over $300,000 in cash and numerous automobiles. Additionally, agents seized 10 firearms from convicted felons.
The 21 other defendants convicted in this case included:
Grilly Holloway, Jr, a/k/a “Cheese,” a/k/a “Grill Cheese,” of Savannah, Georgia, was sentenced to 121 months incarceration;
Rashawn Ahamd Stewart, a/k/a “Black,” a/k/a “Magic,” a/k/a “Black Magic,” a/k/a “Smokey,” a/k/a “Spot,” of Savannah, Georgia, was sentenced to 128 months of incarceration;
Steven Patrick McCoy, a/k/a “Patche,” a/k/a “Scratch,” a/k/a “Lil Pat,” a/k/a “Project,” of Savannah, Georgia, was sentenced to 121 months of incarceration;
Jack Lee Brown, a/k/a “Smooth,” of Savannah, Georgia, was sentenced to 112 months of incarceration;
Anthony Dether Aaron, a/k/a “The Tire Doctor,” a/k/a “Joe Jizzle,” a/k/a “Jizzleasy,” of Savannah, Georgia, was sentenced to 120 months of incarceration;
Leonard Anthony Kennedy, a/k/a “Jamal Harris,” a/k/a “Bernard Anthony Gramm,” of Savannah, Georgia, was sentenced to 127 months of incarceration;
Jarvis King, a/k/a “Jeezy,” a/k/a “Anthony Jarvis King,” a/k/a “Anthony Heyward,” a/k/a “Timothy Monroe Hughes, a/k/a “Ghost,” of South Carolina, was sentenced to 57 months of incarceration;
Chad F. McCoy, a/k/a “Feezy,” of Atlanta, Georgia, was sentenced to 46 months of incarceration;
Michael J. Singleton, a/k/a “Cheese,” of Savannah, Georgia, was sentenced to 92 months of incarceration;
Dyshawn J. Beasley, a/k/a “Aubrey Beasley,” of Savannah, Georgia, was sentenced to 40 months incarceration;
Leroy Chisolm, a/k/a “Fats,” of Savannah, Georgia, was sentenced to 151 months incarceration;
Ron B. Allen, a/k/a “Ron Low,” of Savannah, Georgia, was sentenced to 51 months incarceration;
Ricardo J. Crawford, a/k/a “Rico,” of Savannah, Georgia, was sentenced to 12 months incarceration;
Jawyanna P. Pringle, a/k/a “Jiggie,” of Savannah, Georgia, was sentenced to 78 months incarceration;
Joseph Medlock, a/k/a “Poochie Medlock,” of South Carolina, was sentenced to 77 months incarceration;
Michael L. Bostic, a/k/a “Mike B,” of Savannah, Georgia, was sentenced to 48 months of incarceration;
Edward L. Williams, of Crescent, Georgia, was sentenced to 9 months of incarceration;
George Moran, of Crescent, Georgia, was sentenced to 52 months of incarceration;
Willie Jones, of Savannah, Georgia, was sentenced to 151 months of incarceration;
James Wright, of Savannah, Georgia, was sentenced to 71 months of incarceration; and,
Earnest Edwards, of Savannah, Georgia, was sentenced to 160 months of incarceration.
The case was prosecuted by Assistant United States Attorneys Greg Gilluly, Jr. and Karl Knoche. The lead investigators in this case were DEA Special Agent Michael Sarhatt and CNT Agent David Arbizo.
4 South Georgia Residents Indicted on Federal Drug Trafficking ChargesRead the Press Release
BRUNSWICK, GA – An Indictment returned by a federal grand jury sitting in Savannah in July and unsealed yesterday has charged 4 Georgia residents with conspiring to traffic cocaine and marijuana from 2014 to 2015 in the McIntosh, Glynn, Wayne, and Liberty County areas. The indicted defendants are:
Sterling Hunter “Tuffy” Bond, 53, from Townsend, Georgia,
Jeannette Bond, 48, from Townsend, Georgia,
Nik Kodros, 49, from Townsend, Georgia, and,
Lawrence Dewayne Floyd, 53, from Jesup, Georgia.
If convicted of the charged drug trafficking conspiracy charge, the defendants face a maximum of 20 years in prison and a $1 million fine.
Tuffy Bond, Jeanette Bond and Nik Kodros appeared in federal court in Brunswick yesterday for their initial appearances before U.S. Magistrate Judge R. Stan Baker. The Government asked that Tuffy Bond be detained pending trial; his detention hearing will be held on Monday in Brunswick. Kodros and Jeannette Bond were released yesterday on bond.
United States Attorney Edward Tarver emphasized that the indictments are only accusations and are not evidence of guilt. The defendants are entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The charges resulted from a federal investigation by the FBI and the DEA, with assistance from the McIntosh County Sheriff’s Office and the Darien Police Department. Assistant United States Attorney Charlie Bourne is prosecuting the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Pediatric Services of America and Related Entities to Pay $6.88 Million to Resolve False Claims Act AllegationsRead the Press Release
SAVANNAH – The U.S. Attorney’s Office announced that Pediatric Services of America Healthcare, Pediatric Services of America, Inc., Pediatric Healthcare, Inc., Pediatric Home Nursing Services (collectively, “PSA”), and Portfolio Logic, LLC agreed to pay $6.88 million ($6,882,387) to resolve allegations that PSA, a provider of home nursing services to medically fragile children, knowingly (1) failed to disclose and return overpayments that it received from federal health care programs such as Medicare and Medicaid, (2) submitted claims under the Georgia Pediatric Program for home nursing care without documenting the requisite monthly supervisory visits by a registered nurse, and (3) submitted claims to federal health care programs that overstated the length of time their staff had provided services, which resulted in PSA being overpaid.
United States Attorney for the Southern District of Georgia, Edward J. Tarver said, “The failure to report and return a known overpayment is a serious offense that ultimately drives up the costs of health care for all of us. This U.S. Attorney’s Office and its federal and state law enforcement partners will continue to work together to ensure that health care providers, who receive millions of tax dollars every year, play by the rules and do not waste critical program funds.”
“Participants in federal health care programs are required to actively investigate whether they have received overpayments and, if so, promptly return the overpayments,” said United States Attorney for the Northern District of Georgia John Horn. “This settlement is the first of its kind and reflects the serious obligations of health care providers to be responsible stewards of public health funds.”
“The healthcare system is trust-based and providers who willfully ignore their fiscal responsibilities will be held accountable for their actions. This precedent-setting case should send the message that we will not tolerate any provider keeping American taxpayer dollars unjustly. Special thanks to the United States Attorney's Office for recognizing the importance of this case and partnering with us to pursue justice,” said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta.
John F. Khin, Special Agent in Charge, DCIS-Southeast Field Office, stated, “This collaborative investigative effort reflects the Defense Criminal Investigative Service’s ongoing commitment to ensuring accountability throughout the military health care system, protecting the integrity of Department of Defense programs, and preserving precious taxpayer dollars.”
This is the first settlement under the False Claims Act involving a health care provider’s failure to investigate credit balances on its books to determine whether they resulted from overpayments made by a federal health care program. Under section 6402 of the Affordable Care Act, health care providers must report and return any overpayments by the later of (i) 60 days after the overpayment was identified or (ii) the date any corresponding cost report is due (if applicable).
PSA had been maintaining numerous credit balances on its books that related to claims it had submitted to various federal health care programs, some of which had been on PSA’s books for several years. Additionally PSA wrote off and absorbed credit balances that had resulted from overpayments into their revenue because they had not investigated the reason for the credit balances before doing so. At the government’s request, PSA cooperated with a joint audit of the credit balances on its books in order to identify all outstanding overpayments.
As part of the settlement, PSA has agreed to enter into a corporate integrity agreement with the U.S. Department of Health & Human Services, Office of Inspector General (HHS-OIG), which will require PSA to put in place procedures and reviews to avoid and promptly detect conduct similar to that which gave rise to the settlement.
The settlement resolves allegations filed by Yvette Odumosu and Sheila McCray, former employees of PSA, under the qui tam or whistleblower provisions of the False Claims Act, which authorize private parties to sue for false claims on behalf of the United States and share in the recovery. Ms. Odumosu’s lawsuit was filed in the Northern District of Georgia and is captioned U.S. ex rel. Yvette Odumosu v. Pediatric Services of America Healthcare, No. 1:11-CV-1007-AT and Ms. McCray’s lawsuit subsequently was filed in the Southern District of Georgia and is captioned United States ex rel. Sheila McCray, et al. v. Pediatric Services of America, Inc., Pediatric Services of America, Pediatric Healthcare, Inc., Pediatric Home Nursing Services, collectively d/b/a PSA Healthcare; and Portfolio Logic, LLC, No. CV413-12. Ms. Odumosu and Ms. McCray will receive a share of the settlement payment that resolves the qui tam suits that they filed in the amount of $1.1 million ($1,121,729). The claims settled in the civil settlement are allegations only, and there has been no determination of liability.
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 Southern District of Georgia, the U.S. Department of Health & Human Services, U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, the Medicaid Fraud Control Unit of the Georgia State Attorney General’s Office, and the National Association of Medicaid Fraud Control Units, comprised, in part, of the 20 states that are parties to the settlement.
The civil settlement was reached by Assistant United States Attorneys Neeli Ben-David, Darcy Coty and Charles Mulaney. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.