FEDERAL DISTRICT ARCHIVE
Northern District of Indiana
Press releases recorded for this federal judicial district.
Indianapolis Man Sentenced to 195 Months ImprisonmentRead the Press Release
FORT WAYNE – Richard A. Council, 46, of Indianapolis, Indiana, was sentenced before Chief Judge Theresa L. Springmann on his plea of guilty to conspiring to possess with intent to distribute more than 5 kilograms of cocaine and possessing a firearm in furtherance of a Drug Trafficking Crime, announced U.S. Attorney Thomas L. Kirsch II.
Council was sentenced to 195 months imprisonment and 5 years of supervised release.
According to documents in this case, between November 13, 2013, and February 12, 2014, Council conspired with his named codefendants to possess with intent to distribute a controlled substance, namely 5 kilograms or more of cocaine. Further, on February 12, 2014, Counse possessed a firearm in furtherance of the drug trafficking crime.
This case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, with the assistance of the Drug Enforcement Administration as well as the Warsaw Police Department, the Fort Wayne Police Department and the IMAGE Drug Task Force. This case was prosecuted by Assistant U.S. Attorney Anthony Geller.
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Gary Man Sentenced to 57 Months in PrisonRead the Press Release
HAMMOND- Darryl Hall, 40, of Gary, Indiana, was sentenced before Hammond District Court Judge Joseph S. Van Bokkelen on his plea of guilty to wire fraud and aggravated identity theft, announced U.S. Attorney Thomas L. Kirsch II.
Hall was sentenced to 57 months imprisonment, 3 years of supervised release and ordered to pay $26,616.28 in restitution.
According to documents in this case, Hall engaged in a scheme that included purchasing stolen credit card numbers and other personally identifying information from online criminal forums using Bitcoin. Once Hall obtained the credit card numbers, he embossed them onto blank cards for use at retail stores and restaurants. Among other things, Hall used stolen card numbers to purchase luxury goods and jewelry, which he then resold at a discount for cash.
This case was investigated by the United States Secret Service. This case was prosecuted by Assistant U.S. Attorney Alexandra McTague.
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Illinois Man Convicted After Jury TrialRead the Press Release
HAMMOND- Airrion Blake, 41, of Lasing, Illinois was convicted of one count of submitting a false claim upon the federal government and one count of theft of government money, after a three-day jury trial before U.S. District Court Joseph S. Van Bokkelen, announced U.S. Attorney Kirsch.
Blake stole $149,358.35 from the federal government. According to the evidence presented to the jury, Blake filed a false trusts and estates tax return in October 2012 in which he provided fictitious figures for his income, deductions, and tax withholdings, and falsely claimed a refund of $149,358.35. He received a refund based on his filing, deposited the check at a Munster, Indiana bank, and proceeded to spend the funds.
This case was the result of an investigation by the Internal Revenue Service, Criminal Investigation Division. This case was prosecuted by Assistant United States Attorneys Alexandra McTague and Nathaniel Whalen.
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Georgia Man Sentenced to 228 Months ImprisonmentRead the Press Release
FORT WAYNE – Derrick L. Thomas, 44, of Douglasville, Georgia, was sentenced before Chief Judge Theresa L. Springmann on his plea of guilty to conspiring to possess with intent to distribute more than 5 kilograms of cocaine and possessing a firearm in furtherance of a Drug Trafficking Crime, announced U.S. Attorney Thomas L. Kirsch II.
Thomas was sentenced to 228 months imprisonment and 5 years of supervised release.
According to documents in this case, between November 13, 2013, and February 12, 2014, Thomas conspired with his named codefendants to possess with intent to distribute a controlled substance, namely 5 kilograms or more of cocaine. Further, on February 12, 2014, Thomas possessed a firearm in furtherance of the drug trafficking crime.
This case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, with the assistance of the Drug Enforcement Administration as well as the Warsaw Police Department, the Fort Wayne Police Department and the IMAGE Drug Task Force. This case was prosecuted by Assistant U.S. Attorney Anthony Geller.
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Former Social Security Employee SentencedRead the Press Release
SOUTH BEND - Sharon Ramos, age 56, of South Bend, Indiana was sentenced before District Court Judge Jon E. DeGuilio for ten counts of making false entries in government records, two counts of conversion of government money, and one count of wire fraud, announced U.S. Attorney Thomas L. Kirsch II.
Ramos, convicted after a four-day jury trial in November 2017, was sentenced to 46 months’ imprisonment and ordered to pay restitution to the Social Security Administration in the amount of $550,383.66.
According to testimony during the trial, from approximately January 2008 and continuing until around December 2013, Ramos devised a scheme to defraud the Social Security Administration by means of materially false and fraudulent pretenses, representations, and promises. Ramos, then an employee of the Social Security Administration, made numerous false and fictitious representations in Supplemental Security Income (SSI) accounts of numerous SSI claimants. These improper entries in the accounts resulted in numerous SSI claimants obtaining payments they were not eligible to receive. As a result, Ramos fraudulently converted money belonging to the Social Security Administration.
Upon conviction, United States Attorney Kirsch said, “When a public employee misuses her position to break the law and violate the public trust, we will hold the employee accountable for her actions by prosecution. This case is an example of the outstanding work done by the Social Security Administration, Office of Inspector General to root out fraud and corruption, and in this case, to hold Ms. Ramos accountable for her conduct.”
This case was the result of an investigation by the Social Security Administration, Office of Inspector General. This case was prosecuted by Assistant United States Attorneys Luke N. Reilander and Frank E. Schaffer.
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Rome City Man Sentenced to 180 Months ImprisonmentRead the Press Release
FORT WAYNE – Jeremy Handshoe, 39, of Rome City, Indiana, was sentenced before Chief Judge Theresa L. Springmann on his plea of guilty to 2 counts of being a felon in possession of a firearm, announced U.S. Attorney Thomas L. Kirsch II.
Handshoe was sentenced to 180 months imprisonment and 2 years of supervised release.
According to documents in this case, on February 26, 2015 and April 1, 2015, Handshoe possessed a firearm after prior felony offenses. Handshoe had been convicted of serious drug offenses or violent felonies in Noble County Superior Court on or about October 10, 1997, December 14, 1998 and May 17, 2007. These three felony convictions qualified him for Armed Career Criminal status with a mandatory minimum sentence of 15 years in prison.
This case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, the Indiana State Police and the Rome City Police Department. This case was prosecuted by Assistant U.S. Attorneys Tina L. Nommay and David E. Hollar.
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Michigan City, Indiana Man SentencedRead the Press Release
SOUTH BEND - Curtis Glancy, age 24, of Michigan City, Indiana was sentenced before South Bend District Court Judge Jon E. DeGuilio for conspiracy to distribute over 100 grams of heroin, announced U.S. Attorney Kirsch.
Glancy was sentenced to 130 months imprisonment followed by 4 years of supervised release.
According to documents in this case, from 2015 to February of 2016, Glancy and several other individuals conspired to sell heroin. During that time on a weekly basis they sold heroin to individuals in Northern Indiana and in total sold between one and two kilograms of heroin. In 2016 Glancy’s two co-defendants were sentenced to 70 months and three years of supervised release. Glancy had previously been convicted of two felonies and seven misdemeanors, and was on bond for other cases during the time of the conspiracy.
This case was investigated by the Drug Enforcement Administration with the assistance of the Michigan City Police Department. The case was handled by Assistant U.S. Attorney Frank Schaffer.
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Rochester, Indiana Man SentencedRead the Press Release
SOUTH BEND – Stephan Howard, age 55, of Rochester, Indiana, was sentenced before South Bend District Court Judge Robert L. Miller, Jr. for possessing methamphetamine with the intent to deliver, announced U.S. Attorney Kirsch.
Howard was sentenced to 168 months imprisonment followed by 5 years of supervised release.
According to documents in this case, on January 17, 2017, Howard possessed over 500 grams of methamphetamine in his home in Rochester which he intended to distribute to others. He also agreed to forfeit 18 firearms that were taken from his home by law enforcement on that day.
This case is being investigated by the Drug Enforcement Administration with the assistance of Indiana State Police, Rochester Police Department, Fulton County Police Department and the Fulton County Prosecuting Attorney. The case was handled by Assistant U.S. Attorney Frank Schaffer.
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Michigan City Man SentencedRead the Press Release
SOUTH BEND – Jason Anderson, 39, of Michigan City, Indiana was sentenced before South Bend District Court Senior Judge Robert L. Miller, Jr. for being a felon in possession of a firearm, announced Thomas L. Kirsch II.
Anderson was sentenced to 180 months imprisonment and 2 years supervised release.
According to documents in this case, in or around March of 2017, Anderson possessed one or more firearms after having been convicted of serious drug offenses in both Indiana and Illinois. The court sentenced Anderson under the Armed Career Criminal Act due to his prior convictions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the LaPorte County Drug Task Force and the Michigan City Police Department. The case is being handled by Assistant United States Attorney Molly E. Donnelly.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Fort Wayne Man ChargedRead the Press Release
FORT WAYNE – Steven Gagnon, 55, of Fort Wayne, Indiana was indicted for being a felon in possession of a firearm.
According to documents in this case, Gagnon was arrested after allegedly selling a weapon and discussing the sale of other weapons to a confidential informant (CI). He allegedly sold the CI a shotgun, ammunition and accessories for $600. During the transaction, he discussed the sale of other firearms and ammunition, which were subsequently seized by law enforcement during the execution of a search warrant. The weapons seized included a model 770, .300 caliber rifle; a model FNAR, .308 rifle; a model 20, .22 caliber rifle; and model M70A, 9mm handgun. The FNAR was listed in the complaint as an AR-10 military style rifle which had 10 boxes of ammunition, 3 high capacity magazines and 1 10-round magazine which were all loaded. There were also over 36 boxes of various ammunition and various reloading equipment found during the search. Gagnon was convicted of a felony offense in December of 2015 in Allen County Superior Court.
U.S. Attorney Kirsch, “My office will continue to aggressively prosecute violations of federal firearms laws. Felons cannot possess firearms. This law is simple and straightforward. When felons do possess firearms, they will be prosecuted to fullest extent permitted by law.”
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, the Indiana State Police and the Auburn Police Department and is being handled by Assistant U.S. Attorney Anthony W. Geller.
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South Bend Man ChargedRead the Press Release
SOUTH BEND – Branden Furnari, 31, of South Bend, Indiana was charged with possession of a firearm (destructive device) not registered in the National Firearms Registration Record.
According to documents in this case, Furnari was arrested after allegedly selling destructive devices to an undercover law enforcement officer. Furnari explained in detail how to assemble the components using the “Det cord” and “Blasting caps” which was all provided in the transaction for $800 dollars to the undercover officer.
U.S. Attorney Kirsch, “My office will continue to aggressively prosecute violations of federal firearms laws.”
The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the ATF with the assistance of the South Bend Police Department. This case is being handled by Assistant U.S. Attorney Jesse Barrett.
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Indianapolis Man Sentenced to 120 Months in PrisonRead the Press Release
HAMMOND- Jermaine Johnson, 32, of Indianapolis, Indiana, was sentenced before Judge Jon E. DeGuilio on his plea of guilty to possessing with intent to distribute 100 grams or more of heroin, announced U.S. Attorney Thomas L. Kirsch II.
Johnson was sentenced to 120 months imprisonment and 4 years of supervised release.
According to documents in this case, on February 17, 2016 Johnson was the passenger in a car pulled over for speeding by the Indiana State Police. After detection of marijuana within the car, the car was searched and law enforcement found 3 bricks of heroin within the engine compartment weighing 784 grams along with over $84,000 in cash. Johnson admitted at the time that both the heroin and money were in his possession.
This case was investigated by the Drug Enforcement Administration/HIDTA Group and the Indiana State Police. This case was prosecuted by Assistant U.S. Attorney Thomas McGrath.
Four Latin Dragon Nation Members Indicted for RICO Conspiracy Involving Two Murders and Other Shootings in Northwest Indiana and Chicago AreaRead the Press Release
An indictment was unsealed today against four alleged gang members of Chicago’s criminal street gang, Latin Dragon Nation, for RICO conspiracy and related charges, including two murders.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana made the announcement.
According to the indictment, Manuel Diaz, 26, of Hammond, Indiana; Eduardo Diaz-Corral, 20, of Calumet City, Illinois; Ralph Mendez Jr., 22, of Hammond, Indiana; and Joseph Roggenkamp, 20, of East Chicago, Indiana, are alleged to be members of the Latin Dragon Nation. Both Diaz-Corral and Mendez Jr. had their initial court appearances on Feb. 27 and were ordered detained pending detention hearings before U.S. Magistrate Judge John E. Martin on March 2, 2018 at 11:00 a.m. CT. Manual Diaz is scheduled to have his initial appearance on Feb. 28 at 11:00 a.m. CT, before Magistrate Judge Martin.
“Though the Latin Dragon Nation is believed to have originated in Chicago, the indictment unsealed today alleges that the street gang has exported its especially violent brand of criminal conduct to Northern Indiana,” said Acting Assistant Attorney General Cronan. “The Department of Justice and our law enforcement partners are committed to stopping the expansion of violent criminal enterprises like the Latin Dragon Nation, and holding accountable those who terrorize our communities through violence.”
“Street gangs are terrorizing our neighborhoods with senseless violence that effects the daily lives of ordinary, law-abiding citizens,” said U.S. Attorney Kirsch. “As this indictment makes clear, gang activity does not stop at the state line, and neither do our investigations and prosecutions. My office, and the federal, state and local law enforcement agencies with whom we work, will fight tirelessly to combat the senseless violence that results from gang activity. We will never tolerate gang violence and will do everything possible to deter and defeat it.”
The indictment alleges that Diaz, Diaz-Corral, Mendez, and Roggenkamp participated in a criminal enterprise that resulted in the murders of Paul Cruz on Nov. 20, 2016, and Charles Berrios on Sept. 30, 2016, both of whom the defendants believed were members or associates of a rival gang. In addition, according to the indictment the defendants participated in other shootings for the purpose of furthering the goals of the Latin Dragon Nation.
According to the indictment, the Latin Dragon Nation is a street gang that originated in Chicago and spread to other areas, including the Northern District of Indiana. Members and associates of the Latin Dragon Nation allegedly engaged in acts of violence, including murder, attempted murder, battery, aggravated battery, and aggravated assault, witness intimidation, as well as narcotics distribution and other criminal activities.
The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Hammond Police Department, the East Chicago Police Department, along with the Chicago and Calumet City, Illinois Police, are investigating the case. The case is being prosecuted by Trial Attorney Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys David J. Nozick and Dean Lanter of the Northern District of Indiana.
An indictment or superseding indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
Four Latin Dragon Nation Members Indicted for Rico Conspiracy Involving Two Murders and Other Shootings in Northwest Indiana and Chicago AreaRead the Press Release
WASHINTON – An indictment was unsealed today against four alleged gang members of Chicago’s criminal street gang, Latin Dragon Nation, for RICO conspiracy and related charges, including two murders.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana made the announcement.
According to the indictment, Manuel Diaz, 26, of Hammond, Indiana; Eduardo Diaz-Corral, 20, of Calumet City, Illinois; Ralph Mendez Jr., 22, of Hammond, Indiana; and Joseph Roggenkamp, 20, of East Chicago, Indiana, are alleged to be members of the Latin Dragon Nation. Both Diaz-Corral and Mendez Jr. had their initial court appearances on Feb. 27 and were ordered detained pending detention hearings before U.S. Magistrate Judge John E. Martin on March 2, 2018 at 11:00 a.m. CT. Manual Diaz is scheduled to have his initial appearance on Feb. 28 at 11:00 a.m. CT, before Magistrate Judge Martin.
“Though the Latin Dragon Nation is believed to have originated in Chicago, the indictment unsealed today alleges that the street gang has exported its especially violent brand of criminal conduct to Northern Indiana,” said Acting Assistant Attorney General Cronan. “The Department of Justice and our law enforcement partners are committed to stopping the expansion of violent criminal enterprises like the Latin Dragon Nation, and holding accountable those who terrorize our communities through violence.”
“Street gangs are terrorizing our neighborhoods with senseless violence that effects the daily lives of ordinary, law-abiding citizens,” said U.S. Attorney Kirsch. “As this indictment makes clear, gang activity does not stop at the state line, and neither do our investigations and prosecutions. My office, and the federal, state and local law enforcement agencies with whom we work, will fight tirelessly to combat the senseless violence that results from gang activity. We will never tolerate gang violence and will do everything possible to deter and defeat it.”
The indictment alleges that Diaz, Diaz-Corral, Mendez, and Roggenkamp participated in a criminal enterprise that resulted in the murders of Paul Cruz on Nov. 20, 2016, and Charles Berrios on Sept. 30, 2016, both of whom the defendants believed were members or associates of a rival gang. In addition, according to the indictment the defendants participated in other shootings for the purpose of furthering the goals of the Latin Dragon Nation.
According to the indictment, the Latin Dragon Nation is a street gang that originated in Chicago and spread to other areas, including the Northern District of Indiana. Members and associates of the Latin Dragon Nation allegedly engaged in acts of violence, including murder, attempted murder, battery, aggravated battery, and aggravated assault, witness intimidation, as well as narcotics distribution and other criminal activities.
The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Hammond Police Department, the East Chicago Police Department, along with the Chicago and Calumet City, Illinois Police, are investigating the case. The case is being prosecuted by Trial Attorney Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys David J. Nozick and Dean Lanter of the Northern District of Indiana.
An indictment or superseding indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
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Fort Wayne Man Sentenced to 180 Months ImprisonmentRead the Press Release
FORT WAYNE – Tyrone M. Wright, 41, of Fort Wayne, Indiana, was sentenced before Chief Judge Theresa L. Springmann on his plea of guilty to being a convicted felon in possession of a firearm, announced U.S. Attorney Thomas L. Kirsch II.
Wright was sentenced to 180 months imprisonment and 2 years of supervised release.
According to documents in this case, on March 25, 2015, Wright possessed a firearm after prior felony offenses. Wright was convicted of serious drug offenses or violent felonies in Allen County Superior Court on or about September 24, 2007, and January 3, 2001 and St. Joseph County Superior Court on February 10, 1994. These three felonies qualify him for Armed Career Criminal status with a mandatory minimum sentence of 15 years in prison
This case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, the Fort Wayne Police Department and FWPD Vice and Narcotics Division. This case was prosecuted by Assistant U.S. Attorneys Tina L. Nommay and David E. Hollar.
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Fort Wayne Man Sentenced to 120 Months ImprisonmentRead the Press Release
FORT WAYNE – Marco A. Garcia, 31, of Fort Wayne, Indiana, was sentenced before Chief Judge Theresa L. Springmann on his plea of guilty to the charge of conspiracy to distribute cocaine, announced U.S. Attorney Thomas L. Kirsch II.
Garcia was sentenced to 120 months imprisonment and 5 years of supervised release.
According to documents in this case, from January 2015-July 2016, Garcia was part of a conspiracy to distribute cocaine.
This case was investigated by the Federal Bureau of Investigation’s (FBI) Safe Streets and Gang Task Force, whose members include the FBI, the Indiana State Police, the Allen County Sherriff’s Department, and the Fort Wayne Police Department, with assistance from the Drug Enforcement Administration, the Internal Revenue Service and the Allen County Drug Task Force. This case was prosecuted by Assistant U.S. Attorneys Anthony W. Geller and Stacey Speith.
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Former Mortgage Broker Sentenced to 14 Months in PrisonRead the Press Release
HAMMOND- Alfer Rodenburg, 65, of Houston, Texas was sentenced by United States District Judge Joseph S. Van Bokkelen for conspiracy to commit bank fraud announced, U.S. Attorney Thomas L. Kirsch II.
Rodenburg was sentenced to 14 months imprisonment followed by 24 months on home detention. Rodenburg was also ordered to pay $1,004,991.64 in restitution.
Rodenburg previously pleaded guilty to conspiracy to defraud financial institutions for his role in a mortgage fraud scheme. Rodenburg, acting as a mortgage broker, conspired to obtain first and second mortgages on approximately 14 residential properties in the span of approximately 30 days by failing to inform lenders about his co-defendant’s true and complete liabilities. This conspiracy resulted in over $1,400,000 in loans being funded over the course of the conspiracy. Rodenburg and his co-defendant prepared fraudulent loan applications in connection with the purchase of the properties. The applications contained false statements and representations relating to the co-defendant liabilities, thereby preventing lenders from being able to accurately assess the borrower’s qualifications to borrow money.
Judge Van Bokkelen ordered Rodenburg to report to the Bureau of Prisons on April 6, 2018. The co-defendant, Walter Woldt, will also be sentenced by Judge Van Bokkelen at the United States Federal Court House in Hammond Indiana on April 6, 2018 at 1:30 p.m.
This case was investigated by the Federal Deposit Insurance Corporation-Office of Inspector General. The case was prosecuted by Assistant U.S. Attorney Diane L. Berkowitz.
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9 Charged with Conspiracy to Distribute CocaineRead the Press Release
HAMMOND - The U.S. Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced the return of a 19-count indictment against 9 individuals for conspiracy to distribute cocaine and other offenses.
According to the Indictment, the following individuals were charged as follows:
- Teddia Caldwell a/k/a Teddy, 42, of Gary, Indiana
- Count 1-Conspiracy to Distribute Cocaine
- Count 2, 3, 4, 5, 16, 17- Distribution of Crack Cocaine
- Count 6, 9-Distribution of Crack Cocaine and Heroin
- Count 10-Distribution of Heroin
- Count 11-Felon in Possession of A Firearm
- Count 12, 13-Possesion of A Firearm in Furtherance of A Drug Trafficking Crime
- Count 18-Murder of Akeem Oliver While Engaging in A Narcotics Conspiracy
- Count 19-Murder of Kevin Hood While Engaging in A Narcotics Conspiracy
- Victor Young a/k/a Vic, 44, of Calumet City, Illinois
- Count 1-Conspiracy to Distribute Cocaine
- Count 6-Distribution of Crack Cocaine and Heroin
- Cornell Allen a/k/a Knuckles, 39, of Gary, Indiana
- Count 1-Conspiracy to Distribute Cocaine
- Count 2- Distribution of Crack Cocaine
- Devonte Hodge, 26, of Gary Indiana
- Count 1-Conspiracy to Distribute Cocaine
- Count 18-Murder of Akeem Oliver While Engaging in A Narcotics Conspiracy
- Devontae Martin, 24, of Gary, Indiana
- Count 1-Conspiracy to Distribute Cocaine
- Count 19-Murder of Kevin Hood While Engaging in A Narcotics Conspiracy
- Terry Brown, 32, of Gary, Indiana
- Count 1-Conspiracy to Distribute Cocaine
- Count 7, 8, 14-Distribution of Cocaine
- Count 15- Possession of A Firearm in Furtherance of A Drug Trafficking Crime
- Paronica Bonds, 34, of Gary, Indiana
- Count 1-Conspiracy to Distribute Cocaine
- Demetrius Brinkley a/k/a Detroit, 31, of Gary, Indiana
- Count 1-Conspiracy to Distribute Cocaine
- Taquan Clarke a/k/a Boonie, 24, of Gary, Indiana
- Count 1-Conspiracy to Distribute Cocaine
- Count 19-Murder of Kevin Hood While Engaging in A Narcotics Conspiracy
U.S. Attorney Thomas L. Kirsch II said, “My office and the federal law enforcement agencies are committed to addressing the senseless violence that results from illegal drug trafficking. If you are distributing drugs or committing acts of violence in the Northern District of Indiana, expect federal agencies to be focused on you.”
Eight of the individuals named in the indictment have been arrested. Law enforcement is currently seeking the whereabouts of Demetrius Brinkley. If you have any information as to the whereabouts of the above individual please contact the ATF at 1-800-ATF-GUNS.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the ATF/HIDTA Task Force and FBI/GRIT Task Force with the assistance of the Indiana State Police, the Lake County Sheriff’s Auto Detail and the Gary Police K-9. The case is being handled by Assistant U.S. Attorneys Thomas R. Mahoney and David J. Nozick.
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- Teddia Caldwell a/k/a Teddy, 42, of Gary, Indiana
Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 DefendantsRead the Press Release
Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history. The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly. The cases include criminal, civil, and forfeiture actions across more than 50 federal districts. Of the defendants, 200 were charged criminally. In each case, offenders engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused losses of more than half a billion dollars. The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.
Attorney General Sessions was joined in the announcement by FBI Acting Deputy Director David Bowdich; Chief Postal Inspector Guy Cottrell; FTC Acting Chairman Maureen Ohlhausen; and Kansas Attorney General and President of the National Association of Attorneys General Derek Schmidt.
“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions. “Today’s actions send a clear message: we will hold perpetrators of elder fraud schemes accountable wherever they are. When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains. Today is only the beginning. I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”
The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians. A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim. The schemes charged in these cases caused losses to more than a million victims.
"Winners. That’s what so many of the people who received these solicitations in the mail thought they were. But they’re not. They are victims (link is external) of scams that Postal Inspectors have seen and investigated for decades. In fact, some of the same operators we encountered 20 years ago are back. But so are we. Yesterday, Postal Inspectors around the country executed search warrants on 12 locations that some of these same operators used to run their scams. We’re letting the American public know – and especially our vulnerable older Americans – that Postal Inspectors are working hard to protect them and ensure their confidence in the U.S. Mail,” said Chief Postal Inspector Cottrell.
“Over the last year, the FBI has initiated more than 200 financial crimes cases involving elderly victims who were devastated financially, emotionally, mentally and physically. Picking up the pieces of these fraud schemes can be equally as traumatizing for the caregivers of these elderly victims,” said Acting Deputy Director Bowdich. “The FBI reminds seniors and their caregivers to be vigilant. If any person believes they are the victim of, or have knowledge of fraud involving an elderly person, regardless of the loss amount, they should report it to the FBI.”
Actions against mass-mailing fraud industry
As part of the initiative, the Department’s Consumer Protection Branch, working with the U.S. Attorney’s Office for the Eastern District of New York and others, brought numerous cases this past week in a coordinated strike against more than 43 mass-mailing fraud operators, including criminal charges against six individuals. In addition, law enforcement agents executed 14 premises search warrants from Las Vegas to south Florida, served numerous asset seizure warrants, and coordinated with the Vancouver Police in Canada, who executed over 20 warrants, including search warrants on business premises.
“The defendants targeted elderly and vulnerable consumers both in the United States and abroad, using U.S. addresses and the U.S. mails to try to legitimize their fraudulent schemes,” said U.S. Attorney for the Eastern District of New York Richard P. Donoghue. “They sold false promises of life-changing prizes that never came true. We will pursue the perpetrators of these mail schemes wherever they are located, and hold them accountable.”
These recently filed cases particularly targeted transnational criminal actors who collectively defrauded at least a million victims out of hundreds of millions of dollars. Indeed, just one of the schemes prosecuted criminally by the Consumer Protection Branch operated from 14 foreign countries to cost American victims more than $30 million. Click here for map showing a transnational, single fraud scheme.
Mass-mailing fraud inflicts hundreds of millions of dollars in losses to elderly U.S. victims each year. Department prosecutors and U.S. Postal Inspectors have taken a comprehensive approach to combatting this fraud, disrupting and prosecuting individuals who manage the schemes, artists who draft the fraudulent solicitations, list brokers who supply victim lists, and individuals who collect victim payments. Click here for fact-sheet with cases on mass-mailing fraud.
Actions against other elder fraud schemes
Prosecutors across the country from the Criminal Division’s Fraud Section, the Consumer Protection Branch and the U.S. Attorney’s Offices have heeded the call to focus resources on elder fraud cases. Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year. A list of Elder Fraud cases is provided on this interactive map.Some examples of the elder financial exploitation prosecuted by the Department include:
- “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
- “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.
Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust. The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.
Public education
The Department has partnered with Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.
Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them. Click here for information on Senior Corps’ efforts to reduce elder fraud.
Coordination with state officials
Kansas Attorney General Schmidt highlighted the cases filed by state Attorneys General targeting elder frauds within in the sweep period, and he emphasized efforts at the state level to combat elder abuse and protect seniors from fraud and exploitation. He encouraged all of the state Attorneys General to devote enforcement and public education resources to preventing financial exploitation of senior citizens.
Coordination with foreign law enforcement
Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative. The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States. The IMMFWG is co-chaired by the U.S. Department of Justice and FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents. Attorney General Sessions expressed gratitude for the outstanding efforts of the working group, including law enforcement action taken as part of the sweep by the Vancouver Police Department in Canada to halt mass mailing schemes that defrauded hundreds of thousands of elderly victims worldwide.
Elder fraud complaints
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.Hammond Man Sentenced to 70 Months ImprisonmentRead the Press Release
HAMMOND - Javier Castillo, 21, of Hammond, Indiana, was sentenced before District Court Judge Philip P. Simon for his role in a racketeering conspiracy as a member of the Latin Kings street gang, announced U.S. Attorney Thomas L. Kirsch II.
Castillo was sentenced to 70 months imprisonment and 2 years supervised release.
According to documents in this case, Castillo admitted his involvement in the June 2015, aggravated assault of a victim sustaining serious bodily injury in Hammond, Indiana, and admitted his responsibility for distributing between 500 grams and 2 kilograms of cocaine as relevant conduct for his role in the Latin Kings.
The Latin King case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chicago Police Department, the East Chicago Police Department, the Federal Bureau of Investigation, the Gary Police Department, the Hammond Police Department, the Lake County, Indiana, Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents. The Northern District of Illinois United States Attorney’s Office and the Lake County Prosecutor’s Office also has provided assistance. The Latin King case is being prosecuted by Assistant U.S. Attorneys David J. Nozick and Dean Lanter of the Northern District of Indiana.
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Hammond Woman Sentenced to 70 Months ImprisonmentRead the Press Release
HAMMOND - Alexis T. Young, age 35, of Hammond, Indiana was sentenced before U.S. District Court Judge Joseph S. Van Bokkelen for conspiracy to commit identity theft and aggravated identity theft, announced United States Attorney Thomas L. Kirsch II.
Young was sentenced to 70 months imprisonment, 2 years supervised release, and ordered to pay over $64,000 in restitution to various financial institutions and retailers.
According to documents in this case, Alexis T. Young pled guilty to Count 1 of the Indictment that charged her with conspiracy to commit identity theft. Later, a jury found Young guilty on the remaining three (3) counts of aggravated identity theft. The fraud scheme involved the theft of medical forms, photostatic copies of driver’s licenses and state identification cards, Medicare cards, and other documents from a medical facility located in Illinois. The documents contained the names, dates of birth, social security numbers, checking accounts, credit card accounts, and Medicare card numbers of the victims including children. The fraud scheme involved opening fraudulent credit card, bank, and retail accounts on-line as well as utilities in the names of the victims. As part of the scheme, Young added herself as an authorized user on existing accounts of the victims. Young opened the accounts without the knowledge, authority, or permission of the victims.
The case was the result of an investigation by the U.S. Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Toi Denise Houston.
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Elkhart Man Charged by ComplaintRead the Press Release
SOUTH BEND - Jacob Ryan Underwood, 22, of Elkhart, Indiana was charged by Criminal Complaint with possession of a firearm, namely a destructive device, which is not registered to him in the National Firearms Registration and Transfer Record announced United States Attorney Thomas L. Kirsch II.
United States Attorney Kirsch said, “Destructive devices, such as pipe bombs, are not only illegal, but present an imminent danger to life and property. The US Attorney’s Office will continue to aggressively prosecute those who possess and attempt to detonate devices like these.”
Based upon the investigation, the complaint alleged that: Jacob Underwood assisted in constructing one pipe bomb; he watched as two pipe bombs were made and; that he later threw those two pipe bombs out of a car window while he was in Mishawaka, which are believed to be the two pipe bombs found on January 29, 2018. Investigators also received information that Underwood had detonated a pipe bomb outside of his residence, and they found a garbage can outside of his residence that appeared to be damaged by an explosive device.
The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Indiana State Police, Elkhart County Sheriff’s Department, South Bend Police Department, Elkhart County Interdiction and Covert Enforcement Unit, Mishawaka Police Department, and the St. Joseph County Police Department. The case is being handled by Assistant U.S. Attorney Molly E. Donnelly.
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South Bend Woman Sentenced to 120 Months in PrisonRead the Press Release
SOUTH BEND - Brittany N. Stenberg, age 30, of South Bend, Indiana, was sentenced before South Bend District Court Judge Jon E. DeGuilio for the crime of transporting a minor with intent to engage in criminal sexual activity, announced United States Attorney Thomas L. Kirsch II.
Stenberg was sentenced to 120 months imprisonment followed by 5 years of supervised release.
According to documents in this case, from September 30, 2014, to October 3, 2014, Stenberg transported a minor from Indiana to Illinois for the purpose of engaging in prostitution.
This case was investigated by the Federal Bureau of Investigation with the assistance of the Cook County, Illinois, Sheriff’s Department. The case was handled by Assistant U.S. Attorneys John Maciejczyk and Molly Donnelly.
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South Bend Man Sentenced to 51 Months in PrisonRead the Press Release
SOUTH BEND - George Harvey, age 64, of South Bend, Indiana, was sentenced before South Bend District Court Judge Jon E. DeGuilio for being a convicted felon in possession of a firearm announced United States Attorney Thomas L. Kirsch II.
Harvey was sentenced to 51 months imprisonment followed by 1 year of supervised release.
According to documents in this case, in the middle of the night Harvey was driving without a valid license. Police stopped the car for a traffic violation, found a loaded handgun and a crack pipe. Harvey has approximately eleven (11) felony convictions and twenty (20) misdemeanor convictions. Harvey was awaiting sentencing for a crime in state court when he possessed the firearm.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms with the assistance of the South Bend Police Department. The case was handled by Assistant United States Attorney Joel Gabrielse.
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Netherlands Man SentencedRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Federico Avendano, age 53, of the Netherlands was sentenced before South Bend District Court Judge Jon E. DeGuilio for aggravated identity theft.
Avendano was sentenced to 48 months imprisonment and he was ordered to pay restitution in the amount of $605,468.81.
According to documents in this case, in April and September of 2011, Mr. Avendano used the taxpayer identification number of another person to commit wire fraud by filing fraudulent tax returns with the Internal Revenue Service. He obtained the individual taxpayer identification numbers (ITINs) while working as a tax preparer in South Bend, then used those numbers to file returns without the taxpayers’ knowledge. The returns contained false information about the taxpayers’ employment and falsely claimed they were entitled to refunds that were to be deposited into bank accounts he controlled.
This case was investigated by the Internal Revenue Service, Criminal Investigation Division. The case is being handled by Assistant United States Attorney Jesse Barrett.
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Elkhart Man Sentenced to 84 Months in PrisonRead the Press Release
SOUTH BEND - Thomas Hamet, age 38, of Elkhart, Indiana, was sentenced before South Bend District Court Judge Robert L. Miller, Jr. for possession of methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime, announced United States Attorney Thomas L. Kirsch II.
Hamet was sentenced to 84 months imprisonment followed by two years of supervised release.
According to documents in this case, on February 3, 2017, Mr. Hamet possessed methamphetamine in his car and he intended to sell the methamphetamine. He also possessed a Beretta handgun to protect and further his drug business.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms with the assistance of the St. Joseph County Police Department. The case was handled by Assistant U.S. Attorney Frank Schaffer.
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Gary Man Sentenced to 57 Months ImprisonmentRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Corey Taylor, 35, of Gary, IN, was sentenced on February 6, 2018 by District Court Judge Jon E. DeGuilio to 57 months imprisonment for Distribution of Heroin. The Court ordered the sentence to be served consecutively to an 8 month sentence imposed by Judge Phillip P. Simon on November 13, 2017 for Taylor’s violation of supervised release conditions after a prior federal drug conviction.
According to Court filings, Taylor was selling heroin over a period of at least three months. Some of the heroin was laced with fentanyl and carfentanil. Fentanyl is a synthetic opioid that is 50 times more potent then heroin and carfentanil is a synthetic opioid that is 100 times more potent than fentanyl.
The DEA/HIDTA group and Gary Police Department purchased heroin from Taylor on three occasions under controlled conditions. A search of his vehicle and home yielded more controlled substances, which were also seized.
This case was investigated by the Drug Enforcement Administration/Lake County HIDTA Group in cooperation with the Gary Police Department and prosecuted by Assistant United States Attorney Thomas McGrath.
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Pennsylvania Firearms Dealer Sentenced to 100 Months ImprisonmentRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Vahan Kelerchian, 58, of Richboro, Pennsylvania, doing business as Armament Services International “ASI”, was sentenced before Senior District Court Judge Joseph S. Van Bokkelen for his role in the acquisition of machineguns and restricted laser aiming sights.
Kelerchian was sentenced to 100 months imprisonment, ordered to pay a $100,000 fine and $28,200 in restitution along with serving 1 year of supervised release upon release from prison. Kelerchian was found guilty after a two-week trial that ended October 15, 2016. Kelerchian was taken into custody upon sentencing to begin serving his sentence.
According to evidence presented at trial, Kelerchian conspired with Joseph Kumstar and Ronald Slusser, now former Lake County Police Officers, to knowingly make false statements relating to the acquisition of firearms. Kumstar and Slusser, who have plead guilty, used their positions as sworn law enforcement officers in coordination with Kelerchian using his position as a Class 3 Federal Firearms Licensee to acquire approximately 71 fully automatic machineguns in the name of the Lake County Sheriff’s Department knowing that the Lake County Sheriff’s Department was not going to be the true owner of these weapons. Kelerchian, Kumstar and Slusser conspired to use law enforcement letter head to create letters which falsely represented that the machineguns were going to be used by the Lake County Sheriff’s Department to carry out its law enforcement responsibilities since machineguns manufactured after 1986 can only be acquired by law enforcement agencies and not individual officers. The machineguns were purchased for a cost of $1200 and $1600 and then when received by the Sheriff’s Department, transported offsite to be parted out. The barrels (also known as the “upper”) were split with the officers and some were sent back to Kelerchian. The “uppers” sold between $3000 and $3600 due to post-1986 parts not being available to the public because only law enforcement agencies or the military can acquire these weapons.
Kelerchian also used his company (Armament Services International “ASI”) to assist Kumstar and Slusser to acquire 74 restricted laser aiming sights again using law enforcement letterhead from the Lake County Sheriff’s Department and the Lowell Police Department. These class 3b laser sights were restricted by the Food and Drug Administration. These lasers were designed, per a variance from FDA, to be used for law enforcement and military use only because they did not have the audible or manual safety locks as required for class 3b lasers. The laser aiming sights had a visible laser that could be seen in excess of 50 feet and an invisible laser that could be used for targeting with infrared goggles in excess of 1 mile. Kelerchian along with the officers used their positions to acquire these devices and sell them to the general public or keep the devices for themselves.
In addition to the charges above, Kelerchian was also found guilty of money laundering and false statements to the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding false demonstration letters involving high powered belt-fed machine guns. Kelerchian was also charged with bribery but was acquitted of that charge.
United States Attorney Thomas L. Kirsch II said, “ Mr. Kelerchian abused the authority entrusted to him for criminal purposes. The 8 years that he will spend in federal prison, which began today, should be a deterrent to others similarly situated that act for illegal purposes. The U.S. Attorney’s Office will continue to aggressively prosecute our nation’s firearm laws and seek meaningful sentences of offenders to both punish and deter this type of criminal behavior.
As reported previously, Joseph Kumstar was sentenced to 57 months; Edward Kabella was sentenced to 24 months; and Ronald Slusser was sentenced to 70 months for their involvement in this case.
This case is a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Department of Defense Criminal Investigative Services; Federal Bureau of Investigation; Food and Drug Administration, Office of Criminal Investigations; and the Internal Revenue Service, Criminal Investigation Division. This case was prosecuted by Assistant United States Attorneys Philip C. Benson and Thomas M. McGrath.
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South Bend Man Sentenced to 60 Months ImprisonmentRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Larry D. Cole, age 46, of South Bend, Indiana was sentenced before District Court Judge Jon E. DeGuilio for one count of possession of a firearm in furtherance of a drug trafficking crime
Cole was sentenced to 60 months imprisonment and 2 years of supervised release.
According to documents in this case, in May of 2017, Cole sold 3.6 grams of cocaine to an individual working for the St. Joseph County Drug Interdiction Unit. When officers executed a search warrant on an address in South Bend where the drugs were sold, they observed Cole running from the rear of the house to the living room and reaching under the couch for a .45 caliber handgun. Cole also had $1,188 in cash and a small amount of marijuana and cocaine. Some of the cash was from the sale of drugs the day before to the individual working with the Drug Interdiction Unit.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the St. Joseph County Drug Interdiction Unit which is comprised of officers from the Mishawaka Police Department; the South Bend Police Department and the St. Joseph County Sheriff’s Department. This case was handled by Assistant U.S. Attorney John M. Maciejczyk.
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Fort Wayne Man Sentenced to 120 Months ImprisonmentRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Samuel J. Gemple, age 49, of Fort Wayne, Indiana was sentenced before Chief Judge Theresa Springmann on his guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 kilograms of marijuana.
Gemple was sentenced to 120 months of imprisonment and 8 years of supervised release
According to documents in this case, Gemple was delivering large marijuana shipments for the conspiracy and that he was obtaining heroin from the conspiracy and distributing it to his drug customers.
This case was investigated by the Federal Bureau of Investigation’s Safe Streets and Gang Task Force, whose members include FBI, the Indiana State Police, the Allen County Police Department, and the Fort Wayne Police Department. The United States Marshals Service also assisted with the apprehension of Gemple. This case was prosecuted by Assistant United States Attorneys Anthony W. Geller and Stacey Speith.
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Elkhart Man Sentenced for Receipt of Child PornographyRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Donald J. Meachum, age 21, of Elkhart, Indiana was sentenced before District Court Judge Jon E. DeGuilio for one count of receipt of child pornography.
Meachum was sentenced to 60 months imprisonment and 5 years of supervised release.
According to documents in this case, from December 2013 to December 2016, Meachum used his cellular phone to download images and videos of child pornography from the internet. Some of these videos or images involved minors under the age of 12.
This case was investigated by the Federal Bureau of Investigation with the assistance of the St. Joseph County Cybercrimes Unit. This case was handled by Assistant U.S. Attorney John M. Maciejczyk.
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Peru Man Sentenced to 30 Months ImprisonmentRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Jamie Buckner, age 48, of Peru Indiana, was sentenced before Chief Judge Theresa Springmann on her guilty plea to eight counts of theft of government property.
Buckner was sentenced to 30 months imprisonment and 3 years of supervised release.
According to documents in this case, from June through November 2015, Buckner stole United States Postage Stamps and other merchandise belonging to the United States Postal Services by presenting checks for the payment of stamps and merchandise knowing that the checks would not be honored by the financial institutions. As part of the sentence, Buckner was ordered to pay restitution to the Postal Service in the amount of $21,578.21.
This case was investigated by the United States Postal Inspection Service and was handled by Assistant United States Attorney Stacey R. Speith
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Elkhart Man Sentenced to 188 Months ImprisonmentRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Enrique Cordova Campos, age 42, of Elkhart, Indiana was sentenced before Chief Judge Theresa Springmann on his guilty plea to conspiracy to possess and distribute more than 5 kilograms of cocaine.
Campos was sentenced to 188 months imprisonment and 5 years supervised release.
According to documents in this case, from May through August of 2016, Campos was supplying kilograms of cocaine to a drug distribution group in the Fort Wayne area. Campos supervised several other individuals who delivered drug shipments this group and who collected money from it. In May of 2016, officers stopped one of these men and seized about $100,000 in drug proceeds. In August of 2016, officers served a search warrant at Campos’s Elkhart residence, finding about $44,000 of drug proceeds in his vehicle and a firearm in his residence.
United States Attorney Thomas L. Kirsch II said, “My office, with our law enforcement partners, is focusing our resources on drug distribution networks in an attempt to reduce illicit drugs on the streets of northeast Indiana.”
This case was investigated by the Federal Bureau of Investigation’s Safe Streets Gang Task Force, which includes the FBI, Indiana State Police, Allen County Sheriff’s Department, and Fort Wayne Police Department. The Elkhart Police Department and the Elkhart County Sheriff’s Department also assisted with this investigation. This case was handled by Assistant United States Attorneys Anthony W. Geller and Stacy R. Speith.
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The United States and Indiana Reach Agreement with Suncoke Energy and Cokenergy to Resolve Clean Air Act Violation at Indiana Harbor Coke PlantRead the Press Release
WASHINGTON – SunCoke Energy Inc., its subsidiary Indiana Harbor Coke Company (IHCC), and Cokenergy have agreed to resolve alleged Clean Air Act violations relating to excess emissions of coke oven gases from their coke plant in East Chicago, Indiana, announced the Department of Justice, the U.S. Environmental Protection Agency, the Office of the Indiana Attorney General, and the Indiana Department of Environmental Management.
Implementation of the Consent Decree’s requirements will result in estimated annual emissions reductions of 2,075 tons of coke oven emissions, which are hazardous air pollutants, and include 1,895 tons of SO2, 125 tons of particulate matter, 55 tons of volatile organic compounds, and 680 pounds of lead. In addition, under the settlement agreement the companies will spend $250,000 on a lead abatement project in the East Chicago area to reduce lead hazards in schools, day-care centers, and other buildings with priority given to young children and pregnant women. Additionally, the companies will provide copies of reports submitted under the Consent Decree to two public libraries in East Chicago.
The settlement also requires comprehensive coke oven rebuilds to address oven leaks, including potential permanent shut down of the worst performing battery. The companies have agreed to enhanced monitoring and testing requirements, including two stack tests to measure lead emissions. Further, the settlement requires implementation of preventive maintenance and operations plans to minimize excess emissions. Finally, the companies will pay a $5 million civil penalty, to be split evenly between the United States and the State of Indiana.
“This settlement will result in significant reductions in harmful air pollution and is welcome news for East Chicago, an area which is currently not meeting national air quality standards for ozone,” said Acting Assistant Attorney General Jeffrey H. Wood. “The Justice Department’s Environment and Natural Resources Division is proud to have partnered with the EPA, the state of Indiana, and the U.S. Attorney’s Office in achieving these results. Today’s action reflects our commitment to working together to enforce environmental laws.”
“Today’s settlement is one example of how EPA is committed to reducing exposure to lead and other contaminants in communities across the country,” said EPA Administrator Scott Pruitt. “Lead exposure is a serious problem and reducing it is a priority for EPA.”
“We fight every day to protect the safety of Hoosiers and their families,” Attorney General Curtis Hill of the State of Indiana said. “This agreement goes a long way to protect Hoosiers and their families in Northwest Indiana and the East Chicago community.”
“I’m grateful to have worked with our federal partners to get this issue resolved,” said Commissioner Bruno Pigott of the Indiana Department of Environmental Management. “It’s my hope that, now and in the future, this settlement will improve not only the air quality in Northwest Indiana, but also the quality of life for Hoosiers living in East Chicago.”
“This settlement provides a long-term solution to protect air quality and control emissions,” said U.S. Attorney for the Northern District of Indiana Thomas L. Kirsch II. “We will continue to work with other agencies to protect Indiana families from environmental harm.”
The primary violations alleged relate to leaking coke ovens and excessive bypass venting of hot coking gases directly to the atmosphere, resulting in excess SO2, particulate matter, and lead emissions from the facility’s coke ovens and bypass vent stacks, in violation of applicable permit limits. SO2 contributes to acid rain and exacerbates respiratory illness, particularly in children and the elderly. Exposure to particulate pollution has been linked to health impacts that include decreased lung function, aggravated asthma and premature death in people with heart or lung disease. EPA has recognized that lead poisoning is the number one environmental health threat in the United States for children ages 6 and younger. In addition, coke oven emissions are a known human carcinogen. Chronic (long-term) exposure in humans can result in conjunctivitis, severe dermatitis and lesions of the respiratory system and digestive system.
The Consent Decree, lodged in the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period and approval by the federal court. It is available on the Justice Department website at www.usdoj.gov/enrd/Consent_Decrees.html.
IDEM has created a link on the agency’s website where the public will be able to access the documents that the companies submit to IDEM under the Consent Decree. Once the Consent Decree has become effective, documents submitted to IDEM will be uploaded to the dedicated link. The public will then be able to access the documents by going to: www.in.gov/idem/airquality/ and clicking the page entitled “Indiana Harbor Coke/Cokenergy Consent Decree.”
# # #Ivan Reyes ChargedRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Ivan Reyes, age 30, of Calumet City, Illinois was charged by Complaint with the Murders of Lauren Calvillo and Christopher White.
According to documents in this case, Reyes was charged in a criminal complaint with two counts of murder resulting from the use and carrying of a firearm during and in relation to a drug trafficking crime. According to the criminal complaint, on June 29, 2015, Ivan Reyes as a member of the Latin Counts was involved in the shooting deaths in Hammond, Indiana, of Lauren Calvillo and Christopher White. The criminal complaint further alleges that the shooting was in furtherance of a conspiracy to distribute marijuana and cocaine by members of the Latin Counts street gang and as a result of an ongoing gang conflict between the Latin Counts and Latin Kings street gangs in Hammond, Indiana.
United States Attorney Thomas L. Kirsch II said, “The murders of Lauren Calvillo and Christopher White were heinous acts of senseless gang violence. Due to a relentless investigation conducted with our law enforcement partners, I am pleased that we are able to bring charges in this case at this time. Our investigation is ongoing and will not end until all responsible for these terrible acts are brought to justice.”
The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the ATF/HIDTA Task Force and the Hammond, Indiana Police Department, and the investigation has received substantial assistance from numerous law enforcement agencies including the FBI / GRIT Task Force, the Gary Police Department, the Indiana State Police, and the East Chicago Police Department. The case is being handled by Assistant U.S. Attorneys David J. Nozick, Thomas R. Mahoney, and Dean R. Lanter.
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Chicago Heights Man Sentenced to 276 Months ImprisonmentRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that on January 23, 2018, Joseph Uvalle, 35, of Chicago Heights, IL, was sentenced to 276 months imprisonment followed by 3 years of supervised release following his conviction by guilty plea to conspiracy to commit racketeering activity (RICO) as a member of the Latin Kings.
According to documents in this case, as part of Uvalle’s plea agreement, he admitted responsibility for the homicide of Raudel Contreras, who was killed in Hammond, Indiana, on August 14, 2014. Uvalle was also sentenced to 120 months imprisonment on each of two counts of transportation for prostitution with the sentence to run concurrent to his 276-month sentence on the racketeering conspiracy conviction. Uvalle has been in custody since his arrest in June 2015.
United States Attorney Thomas L. Kirsch II said, “If you are a gang member committing crimes in Northwest Indiana, we are going to focus our cooperative law enforcement efforts on you and your associates.”
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the FBI Gang Response Investigative Team Task Force and the ATF/HIDTA Task Force. This case was prosecuted by Assistant United States Attorneys’ David Nozick, Abizer Zanzi, and Dean Lanter.
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Munster Doctor IndictedRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced a 4-count indictment against Jay Kaushik Joshi, age 33, of Burr Ridge, Illinois for dispensing controlled substances containing hydrocodone outside the scope of professional practice and not for legitimate medical purposes.
According to documents in this case, Joshi practiced medicine at Prestige Clinics in Munster, Indiana. Joshi is a medical doctor licensed to practice medicine in the State of Indiana and until November 21, 2017 was registered by the Drug Enforcement Administration to Prescribe Schedule II, III, IV and V controlled substances. Between September of 2017 and December 2017, the DEA and Munster Police Department obtained information on Joshi’s history of prescribing controlled substances. Indiana’s prescription monitoring program, INSPECT, was designed to serve as a tool to address the problem of prescription drug abuse and diversion of controlled substances. Investigators obtained data from INSPECT and it is alleged that since April 2017, Joshi issued over 6000 prescriptions for controlled substances. It is also alleged that Joshi ranked first in Lake County and ninth in the State of Indiana in the number of prescriptions written for controlled substances by DEA registered providers. During the time-period alleged in the indictment, Joshi dispensed controlled substances that were not prescribed for a legitimate medical purpose and outside the scope of professional practice.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Drug Enforcement Administration and the Munster, Indiana Police Department. The case is being handled by Assistant U.S. Attorney Thomas Mahoney.
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Valparaiso Man Sentenced to 60 Months ImprisonmentRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Brian Oliver, age 41, of Valparaiso, Indiana was sentenced before U.S. District Court Judge James T. Moody. Oliver was sentenced to 60 months of imprisonment, and 2 years of supervised release.
According to documents in this case, Brian Oliver, pled guilty to possession of a stolen firearm. On July 15, 2016, the defendant knowingly possessed a stolen firearm which was a Glock 19 9mm pistol, a firearm that had been shipped in interstate commerce before being stolen.
The case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Valparaiso Police Department. This case was prosecuted by Special Assistant United States Attorney Armando Salinas.
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Hobart Man Sentenced to 447 Months ImprisonmentRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II announced that George J. Jonaitis III, 42, of Hobart, Indiana was sentenced before District Court Judge James T. Moody for enticement of a minor and committing a felony involving a minor as a registered sex offender.
Jonaitis was sentenced to 447 months’ imprisonment and 10 years of supervised release.
According to documents in this case, on or about January 14, 2017, Jonaitis used a social media platform to communicate with Jane Doe. He asked Jane Doe if she wanted to have sex. Jonaitis knew Jane Doe was 14-years old when he asked her whether she wanted to have sex. He also sent Jane Doe graphic pictures of himself. He was attempting to get Jane Doe to send him images of her that would constitute child pornography and was further attempting to entice Jane Doe into performing sex acts at a later date. He conducted the social media conversation with Jane Doe on January 14, 2017 while he was located in the Northern District of Indiana. On January 14, 2017, he was required to register as a sex offender based upon prior convictions. Jonaitis was previously convicted, in 1995 and 2004, of child molesting.
This case was investigated by the Federal Bureau of Investigation (FBI) and was handled by Assistant U.S. Attorney Joshua P. Kolar.
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Crown Point Man Sentenced for Identity TheftRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Elbert Johnson, age 40, of Crown Point, Indiana was sentenced before U.S. District Court Judge James T. Moody. Johnson was sentenced to 61 months imprisonment, 2 years supervised release, and ordered to pay $551,647 in restitution to the Internal Revenue Service and the Indiana Department of Revenue.
According to documents in this case, Elbert Johnson, pled guilty to conspiracy to commit identity theft, filing of false claims, aggravated identity theft, and filing a false tax return. The fraud scheme involved filing false federal and state tax returns utilizing the names, dates of birth, and social security numbers of inmates in various prisons across the country without their knowledge, permission, or authority.
The case was the result of an investigation by the Internal Revenue Service-Criminal Investigations, U.S. Postal Inspection Service, U.S. Secret Service, and the Social Security Administration-Office of Inspector General. This case was prosecuted by Assistant United States Attorney Toi Denise Houston.
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Former Lake County Sheriff SentencedRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that John Buncich, age 72, of Crown Point, Indiana was sentenced before District Court Senior Judge James T. Moody. Buncich was sentenced to 188 months imprisonment, 2 years of supervised release and ordered to pay $800 in restitution along with a $250,000 fine.
In August of 2017, following a 14-day jury trial, Buncich was convicted of all 6 counts of a superseding indictment.
According to documents in this case, John Buncich, Timothy Downs and William Szarmach were indicted in November 2016 on multiple federal charges. Buncich, then the current Lake County Sheriff, served as sheriff from 1994-2002, and was re-elected in 2010 and again in 2014. Timothy Downs, formerly the Chief in the Lake County Sheriff’s Department, was the second person in command at that Department; Downs was appointed to that position by Buncich. William Szarmach owns and operates CSA Towing in Lake Station, Indiana.
Pursuant to a Lake County ordinance, the sheriff has exclusive authority to determine who would do vehicle towing as required by the sheriff’s department. From February 2014 continuing into October 2016, Buncich devised a scheme to deprive the citizens of Lake County of their right to the honest services of the sheriff’s office. The scheme was designed to enrich Buncich personally and his campaign committee, known as Buncich Boosters. The trial evidence established that a number of checks and cash payments, often collected by Downs, from Szarmach and Scott Jurgensen were exchanged for Buncich awarding them county towing business and towing in the City of Gary for ordinance violations. Mr. Jurgenson, a former Merrillville Police Officer, is the owner of Sampson Relocation and Towing. Mr. Jurgenson provided significant assistance to the United States during the course of this investigation.
Tthe jury convicted Buncich of 5 counts of Honest Services Wire Fraud in connection with this scheme. The jury also convicted Buncich of a charged violation of the federal bribery statute in connection with corruptly soliciting, demanding, and receiving over $25,000 in cash and $7,000 in checks in exchange for favorable actions by Buncich regarding the towing contracts.
Both Szarmach and Downs, who both testified at trial, await sentencing on their guilty pleas to the following charges in the indictment: Timothy Downs entered a plea of guilty to one count of Honest Services Wire Fraud and; William Szarmach entered a plea of guilty to three counts of Honest Services Wire Fraud, Bribery and Failure to File a Tax Return.
United States Attorney Thomas L. Kirsch II states, “Today’s sentence sends a strong message that betrayal of public trust will not be tolerated. All citizens deserve public officials who act honestly and who work for the public interest and not their own interest. My Office will continue to vigorously pursue public officials who use there office as a means for illicit personal gain.”
"Today’s sentencing emphasizes that public officials who abuse their positions for personal financial gain at the expense of taxpayers will not be tolerated,” said W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division. "The FBI and our federal, state, and local partners will continue to aggressively pursue those across Indiana who corrupt their office for self-serving motives."
Gabriel Grchan, IRS Criminal Investigation Special Agent in Charge stated, "Taxpayers expect their elected officials to protect and improve their communities. Rather than serve his community Buncich abused his position and devised a pay-to-play towing scheme that benefited him and few others financially. We hope today’s sentence will dissuade others who hold these positions which hinge on the public’s trust from engaging in similar criminal activity.”
This case was the result of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division. This case was prosecuted by Assistant United States Attorneys Philip C. Benson and Maria N. Lerner.
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Terre Haute Man Charged with Hobbs Act RobberiesRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced an 8-count indictment against Rex Hammond, age 53, of Terre Haute, Indiana for 5-counts of Hobbs Act robbery, 2 counts of using a firearm during a crime of violence and 1 count of being a felon in possession of a firearm.
According to documents in this case, Hammond allegedly committed a string of robberies by holding employees of businesses, listed below, against their will by means of actual and threatened force, violence, and fear of injury, immediate or future, by brandishing a firearm on the following dates and towns located in the Northern District:
Count 1- October 6, 2017, Gas Station in Logansport, Indiana
Count 2- October 7, 2017, Gas Station in Peru, Indiana
Count 3- October 9, 2017, Gas Station in Auburn, Indiana
Count 4- October 25, 2017, Gas Station in Decatur, Indiana
Count 5- October 27, 2017, Liquor Store in Logansport, Indiana.
Hammond also is being charged in Count 6 and 7 of brandishing a firearm during a crime of violence for the robberies that occurred on October 6th and 7th. In Count 8, Hammond is being charged with being a felon in possession of a firearm.
United States Attorney Thomas L. Kirsch II said, “Federal, state and local law enforcement cooperation make these type of investigations possible.”
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, Logansport Police Department, Peru Police Department, Indiana State Police, Auburn Police Department, Portage Michigan Department of Public Safety, Kalamazoo Michigan Department of Public Safety, Decatur Police Department, and Marshall County Sheriff’s Office with assistance from the Cass County Prosecutor’s Office, Miami County Prosecutor’s Office, DeKalb County Prosecutor’s Office, Adams County Prosecutor’s Office, Marshall County Prosecutor’s Office, and Coldwater Michigan Police Department. The case is being handled by Assistant U.S. Attorney Molly E. Donnelly.
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South Bend Man Sentenced for Possession of Heroin and Possession of A Firearm During A Drug Trafficking CrimeRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Denzel Rakim Bridges, age 25, of South Bend, Indiana was sentenced before District Court Senior Judge Robert L. Miller, Jr. for one count of possession of heroin and one count of possession of a firearm during a drug trafficking crime.
Bridges was sentenced to 78 months imprisonment and 3 years of supervised release.
According to documents in this case, on or about May 2017 a search warrant was executed on Bridges’ address in South Bend for heroin trafficking. During the execution of the warrant officers located a loaded handgun, $3600 in currency, marijuana on a coffee table and multiple small Ziploc style “gem packs” containing a gray powdery substance which later field tested positive for heroin. Also during the search of the residence in another room of the home there was another loaded firearm found along with a digital scale and approximately 16.8 grams of a substance that later tested positive for heroin.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives Project Disarm Task Force with assistance by the St. Joseph County Drug Investigation Unit and South Bend Police Department. This case was handled by Assistant U.S. Attorney Joel Gabrielse.
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South Bend Man Sentenced for Possession of Child PornographyRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that William Westley Dill, age 25, of South Bend, Indiana was sentenced before District Court Judge Jon E. DeGuilio for one count of possession of child pornography.
Dill was sentenced to 90 months imprisonment, 10 years of supervised release and ordered to pay $45,000 in restitution.
According to documents in this case, on or about July 27, 2016, Dill had computer storage devices that in total contained over 1,500 files of visual depictions, including photographs and videos, of a minor or minors engaged in sexually explicit conduct. Multiple visual depictions involved prepubescent minors and minors who had not attained the age of 12 years. Dill also had visual depictions that involved the sexual abuse or exploitation of infants and toddlers.
This case was investigated by the Federal Bureau of Investigation and the St. Joseph County Cyber Crimes Unit with assistance from the South Bend Police Department. This case was handled by Assistant U.S. Attorney Molly E. Donnelly.
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Former Saint John, Indiana Resident ChargedRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Christopher Raciti, age 48, formerly of Saint John, Indiana, was charged by Information with possession of child pornography.
According to documents filed in the case, between November 7, 2015 and continuing through March 9, 2016, Raciti knowingly possessed more than 600 visual depictions of minors engaged in sexually explicit conduct on his computer. A petition to enter a plea of guilty was filed in conjunction with the Information.
The United States Attorney’s office emphasizes that an Information is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This information results from an investigation conducted by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI) with the case being handled by Assistant United States Attorney Toi Denise Houston.
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Schererville Man Sentenced to 70 Months ImprisonmentRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II announced that Aleksandar Jokic, 43, of Schererville, Indiana was sentenced before District Court Judge Joseph S. Van Bokkelen for one count of soliciting the transportation of a person across state lines for prostitution.
Jokic was sentenced to a 70 month imprisonment term and 5 years of supervised release. The Court also imposed a $5,000 fine.
According to documents in this case, between June and October 2015, Jokic solicited a pimp to transport a 16-year-old female from Chicago, Illinois, to his home in Schererville, Indiana for the purpose of engaging in commercial sex acts with the minor female. During this time period, Jokic also solicited and received commercial sex acts at his residence on separate occasions from two other minor females, aged 15 and 16 years old.
This case was investigated by the Federal Bureau of Investigations (FBI) and United States Homeland Security Investigations (HSI) and was handled by Assistant U.S. Attorney Abizer Zanzi.
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Illinois Men IndictedRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Michael Cruz, age 38 of Algonquin, Illinois and Rigoberto Ortiz-Dominguez, age 32, of Joliet, Illinois were charged by Indictment with possession with intent to deliver more than one kilogram of heroin.
According to documents filed in the case, on November 16, 2017 during a Drug Enforcement Administration (DEA) investigation, Michael Cruz agreed to direct his courier to deliver multiple kilograms of heroin to a buyer. When the courier, Ortiz-Dominguez, arrived, law enforcement conducted a traffic stop and searched Ortiz-Dominguez’s car. Agents found and seized 3.6 kilograms of heroin. Cruz and Ortiz-Dominguez were arrested and have been detained pending trial.
United States Attorney Thomas L. Kirsch II said, “Cooperative partnerships between local, state and federal agencies are essential to reducing the availability of controlled substances in the Northern District of Indiana.”
The United States Attorney’s office emphasizes that an Indictment is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This indictment results from an investigation by the Lake County High Intensity Drug Trafficking Area (HIDTA) Task Force and the DEA with assistance from the Hammond Police Department and the Indiana State Police. The case is being prosecuted by Assistant United States Attorney Thomas McGrath.
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Medicaid Fraud Complaint Filed Against Former Physicians and Their Business EntitiesRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II and Indiana Attorney General Curtis T. Hill, Jr. announced today the filing of a civil Medicaid fraud complaint against former physicians Don J. Wagoner, age 81, of Burlington, Indiana and Marilyn L. Wagoner, age 80, of Burlington, Indiana, and their business entities, Wagoner Medical Center, L.L.C., Wagoner Medical Center, P.C., and Don J. Wagoner, M.D. and Marilyn L. Wagoner, M.D., P.C. for filing false claims.
According to documents in this case, during 2011-2013, former physician Don J. Wagoner and his wife, former physician Marilyn L. Wagoner, practiced medicine together at Wagoner Medical Center. Defendants had a routine practice of requiring patients seeking a prescription for opioid pills or other pain medicine to submit a urine sample for qualitative testing for the presence or absence of nine or more drugs or drug classes. Using a multiplexed screening kit costing defendants no more than approximately five dollars, defendants tested each single urine sample for the same patient on the same day using the simple kit. Defendants then billed Indiana Medicaid and received $171.27 per patient, even though Indiana Medicaid billing rules only allowed them to bill $20.83 per patient. Defendants concealed this fraud by falsely certifying to Indiana Medicaid that they had collected and separately analyzed nine or more urine samples from each patient, when in fact they only had collected and analyzed one urine sample. Defendants perpetrated this fraudulent scheme for over 6,400 claims, and received a total overpayment from Indiana Medicaid of over $1.1 million.
The federal False Claims Act, and the Indiana Medicaid False Claims Act, allows the federal government and the State of Indiana to recover three times the amount of the false and fraudulent claims submitted to Indiana Medicaid plus a civil penalty of $5,500 to $11,000 per false claim submitted. A small portion of recoveries under the federal False Claims Act, three percent, is used to fund the cost of future health care fraud investigations and cases.
In 2013, defendants Don J. Wagoner and Marilyn L. Wagoner permanently surrendered their licenses to prescribe drugs and to practice medicine in connection with a state criminal investigation of their opioid-prescribing practices, which resulted in felony drug dealing convictions of Mr. Wagoner.
“Although they no longer are endangering vulnerable Medicaid patients by practicing medicine, former physicians Don Wagoner and Marilyn Wagoner cannot be allowed to retain the fruits of their fraudulent Medicaid claims,” said United States Attorney Thomas L. Kirsch II. My Office will continue to make it a priority to pursue investigations and cases to recover funds that were fraudulently received from the Medicare and Medicaid programs.”
The Justice Department’s Commercial Litigation Branch have given a high priority to civil prosecution of health care fraud, including Medicare and Medicaid fraud.
“Working to recover taxpayer funds taken through fraud and other illegal means is part of our responsibility as stewards of the public trust,” said Indiana Attorney General Curtis T. Hill, Jr. “We appreciate the collaboration of our federal partners in this particular case, and we intend to remain vigilant going forward to make sure monies set aside to help society’s most vulnerable members are truly used for that purpose.”
The United States Attorney’s office emphasizes that a Complaint is merely an allegation and that the United States and Indiana are required to prove their allegations before defendants can be found liable.
This suit was filed as the result of an investigation by the United States Attorney’s Office for the Northern District of Indiana and the Indiana Medicaid Fraud Control Unit. Assistant United States Attorney Wayne T. Ault will be the United States’ lead counsel in this civil litigation. Lead counsel for co-plaintiff, the State of Indiana, is Supervising Deputy Attorney General Steven A. Hunt.
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Fort Wayne Man Charged with Bank RobberyRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Danurell M. Blair, age 39, of Fort Wayne, Indiana was charged by way of complaint with bank robbery.
According to documents in this case, the complaint alleges that on December 16, 2017 Blair entered a bank in Kendallville, Indiana, demanded money from the bank teller. The teller provided money from the top drawers of two teller stations and Blair stuffed it into bags he brought with him. At approximately 10:01am, a law enforcement officer observed Blair exiting the bank walking fast. The law enforcement unit also observed Blair driving evasively through area business parking lots. The unit attempted to stop Blair, however he fled creating a high speed chase. The police were able to stop the vehicle and take Blair into custody.
“My Office is committed to working with our state, local and federal law enforcement partners to reduce bank robberies on the streets of Northern Indiana,” U.S. Attorney Thomas Kirsch II said in a statement.
"The FBI's Fort Wayne office worked hand in hand with our state and local law enforcement partners and the United States Attorney’s Office to bring this investigation to a successful conclusion," said W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division. "Working together we are able to get violent offenders off of the streets and make our communities a safer place for all."
The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Federal Bureau of Investigation with the assistance of the: Allen County Sheriff’s Department; Auburn Police Department; Churubusco Police Department; Fort Wayne Police Department; Kendallville Police Department; Indiana State Police; and Whitley County Sheriff’s Department. The case is being handled by Assistant U.S. Attorney Lesley Miller Lowery.
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Fort Wayne Man Sentenced to 74 MonthsRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that, Patrick Davis , 30 of Fort Wayne, Indiana, was sentenced by Chief District Court Judge Theresa L. Springmann, for Sex Trafficking of Children.
Davis was sentenced to 74 months imprisonment followed by 2 years of supervised release.
According to Court filings, between January, 2016 and March, 2016, Davis engaged a minor female in online conversation. Over a period of time, Davis convinced the minor female to run away from home with him. It was Davis’ intention to have the minor female engage in prostitution to make money for Davis.
This case was investigated by the Federal Bureau of Investigation and the Fort Wayne Police Department. The case was handled by Assistant United States Attorney Lesley J. Miller Lowery.
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