Eastern District of Louisiana

NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced on October 19, 2021 that ALAN PARSON, age 21, a resident of Indianapolis, Indiana, was sentenced in the United States District Court for his participation in the June 17, 2019 robbery of the CVS pharmacy located at 4901 Prytania Street.

United States District Court Judge Greg G. Guidry imposed a sentence to each count of the three-count Indictment to which PARSON plead guilty. In Count One, PARSON was charged with conspiracy to commit a robbery involving a controlled substance, in violation of Title 18, United States Section, 2118.  For Count One, the court sentenced PARSON sentenced to a term of imprisonment of 120 months in the Bureau of Prisons.  In Count Two, PARSON was charged with armed robbery involving controlled substances in violation of Title 18, United States Sections, 2118(a) and (c)(1).  For Count Two, the court sentenced PARSON sentenced to a term of imprisonment of 121 months in the Bureau of Prisons. Count 1 and 2 were ordered to run consecutive with one another.  In Count Three, PARSON was charged with discharge of a firearm in furtherance of a crime of violence, in violation of Title 18, United States Section, 924(c)(1)(A)(iii).  The Court sentenced PARSON to a term of imprisonment of 120 months for this count. The sentence imposed in Count Three will run consecutive to the sentences imposed in Counts One and Two.  Following his term of imprisonment, PARSON will be placed on supervised release for a period of 4 years.  A restitution hearing will be held to determine if any restitution is owed to the victims in this case. Finally, PARSON was ordered to pay a $300 mandatory special assessment fee.

At approximately 6:06 a.m., PARSON and his co-defendant, Richard Sansbury entered the 24-hour pharmacy, armed with weapons.  Both wore hooded sweatshirts and blue medical gloves.  Upon entering the store, Sansbury removed a firearm from his waistband, went behind the front counter, and detained a cashier by using zip-ties.  Sansbury led the cashier to another area of the store.   PARSON relocated to the rear of the store, in the pharmacy area, and forced another employee to the ground before securing the employee’s feet with zip-ties.  PARSON is then filled a large trash bag with several pill bottles that he retrieved from the pharmacy safe.  Sansbury relocated to the pharmacy area where he continued to zip-tie the employee’s hands whom PARSON initially detained.  Sansbury and PARSON began to exit the store.

Upon exiting the store, PARSON and Sansbury engaged on a shootout with responding officers of the New Orleans Police Department.  The confrontation resulted in a bullet wound to one of the officers, who was shot in the shoulder.  Video surveillance captured the robbery as it occurred inside of the CVS, as well as the subsequent shootout with police as Sansbury and PARSON fled the store.

United States District Court Judge Greg G. Guidry will sentence SANSBURY on November 30, 2021.

The case was investigated by the Federal Bureau of Investigation and the New Orleans Police Department.  It is being prosecuted by Assistant United States Attorneys David Haller and Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.

 

NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that on October 21, 2021, GEORGE JEFFERSON, age 45, a resident of New Orleans, has been charged in a four-count Indictment for possessing with intent to distribute 40 grams or more of fentanyl and a quantity of heroin. JEFFERSON, a convicted felon, is also charged with possessing a firearm in furtherance of drug trafficking and for being a felon in possession of a firearm.

For possession with intent to distribute fentanyl, JEFFERSON faces a minimum of five (5) years imprisonment up to a statutory maximum forty (40) years of imprisonment, a fine of up to $5,000,000, at least four (4) years of supervised release in violation of Title 21, United States Code, Sections 841(a)(1) and 841(B)(1)(B).  For possession with intent to distribute heroin, JEFFERSON faces up to twenty (20) years imprisonment, a fine of up to $1,000,000, at least three (3) years of supervised release in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). JEFFERSON also faces a mandatory minimum sentence of five (5) years of imprisonment, imposed consecutively to the charged drug offenses, for possessing a Glock Model 23, .40 caliber gun, in furtherance of dealing fentanyl and heroin, in violation of Title 18, United States Code Section 924(c).  If convicted, JEFFERSON faces a $100 mandatory special assessment fee for each charge.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

U.S. Attorney Evans reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

U.S. Attorney Evans praised the work of the New Orleans Police Department and the FBI in investigating this matter. Assistant United States Attorney David Howard Sinkman is in charge of the prosecution.

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NEW ORLEANS – The U.S. Attorney’s Office and the Department of Justice’s Tax Division announced that RANDY A. FARRELL SR., and DAVID FARRELL, both of Jefferson Parish, and DAWN FARRELL RUIZ, of St. Tammany Parish, were charged in a superseding bill of information with conspiring to defraud the IRS.

According to court documents, from 2011 through at least June 2019, RANDY FARRELL, an owner of construction and building inspection businesses, and his two siblings and employees, DAVID FARRELL and DAWN FARRELL RUIZ, conspired to defraud the IRS by failing to report their full personal income to the IRS and by failing to withhold employment taxes from employees’ wages. RANDY FARRELL and Mathew Reck co-owned two construction businesses, SES Construction Consulting Group (“SES”) and Global Technical Solutions (“GTS”). As co-owners, RANDY FARRELL and Reck caused certain SES and GTS employees, including DAVID FARRELL and RUIZ, to be paid outside of the normal payroll process such that employment taxes were not withheld from their paychecks. The three defendants and others then caused SES and GTS to issue Forms W-2 to employees that fraudulently underreported their actual compensation. Since DAVID FARRELL and RUIZ were paid outside of the normal payroll process and received false Forms W-2, they were able to fraudulently avoid paying federal income and employment taxes on their salaries. Reck previously pled guilty to conspiring with these three defendants to defraud the IRS.

In addition to SES and GTS, RANDY FARRELL has also co-owned a building inspection business, IECI & Associates LLC (“IECI”), since 2007.  After the IRS executed a search warrant at RANDY FARRELL’s home and companies’ offices in September 2017, he filed tax returns that falsely underreported the taxable income he earned from his businesses.

If convicted of these charges, RANDY FARRELL, DAVID FARRELL, and RUIZ each faces up to five years in prison, followed by up to three years of supervised release, as well as a fine, restitution, and a $100 mandatory special assessment fee. A bill of information is merely a charge, and the guilt of the defendants must be proven beyond a reasonable doubt.

The Justice Department’s Tax Division and the United States Attorney’s Office for the Eastern District of Louisiana praised the work of IRS Criminal Investigation. Trial Attorneys William Montague and Parker Tobin of the Justice Department’s Tax Division and Assistant U.S. Attorney Nicholas Moses of the Eastern District of Louisiana are in charge of the prosecution.

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NEW ORLEANS –  U.S. Attorney Duane Evans announced that STEPHEN DANIEL DEFIORE age 36, a resident of Brandon, Florida, was sentenced on October 19, 2021 to three (3) months probation, with one year of home confinement by United States District Judge Jay C. Zainey after previously pleading guilty to a one-count Bill of Information charging with conspiracy to commit wire fraud, in violation of Title 18, United States Code, Sections 371 and 1343, for his role in a SIM Swap scam that targeted at least nineteen people, including a New Orleans-area physician. DEFIORE was also sentenced to 100 hours of community service, payment of $77,417.50 in restitution and payment of a $100 mandatory special assessment fee.

According to court documents, a SIM Swap scam is a cellular phone account takeover fraud that results in the routing of a victim’s incoming calls and text messages to a different phone. Once a perpetrator is able to swap the SIM card, it is likely he is able to obtain access to a victim’s various personal accounts, including email accounts, bank accounts, and cryptocurrency accounts, as well as any other accounts that use two-factor authentication.

From August 2017 until November 2018, DEFIORE worked as a sales representative for Phone Company A.  In that capacity, DEFIORE had access to the accounts of Phone Company A’s customers, including the ability to switch the subscriber identification module (SIM) card linked to a customer’s phone number to a different phone number.  Between October 20, 2018, and November 9, 2018, DEFIORE accepted multiple bribes, typically in the amount of approximately $500 per day, to perform SIM swaps of Phone Company A customers identified by a co-conspirator.  For each SIM swap, a co-conspirator sent DEFIORE a customer’s phone number, a four-digit PIN, and a SIM card number to which the phone number was to be swapped.  In total, DEFIORE received approximately $2,325 in a series of twelve payments.  Among the individuals whose accounts DEFIORE accessed was Victim A, a New Orleans resident, who phone number was swapped on November 10, 2018, to a SIM card contained in an Apple iPhone 8 that was in the possession of Richard Li.  Li was charged with his role in the offense in June 2020 and was charged in a superseding indictment in August 2021.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation.  Assistant United States Attorney Jordan Ginsberg, Chief of the Public Corruption Unit, is in charge of the prosecution.

NEW ORLEANS – U.S. Attorney Duane A. Evans announced that RYAN CLARK, age 35, of New Orleans, LA, was sentenced on October 13, 2021 to 42 months of incarceration by U.S. District Judge Lance M. Africk for having committed conspiracy to commit access device fraud and aggravated identity theft (count 1) and aggravated identity theft (count 3).

According to court documents, the defendant was arrested after an investigation initiated by the Jefferson Parish Sheriff’s Office and the United States Secret Service. CLARK and others created and sold fake Louisiana drivers’ licenses with the names and dates of birth of real persons who were victims of identity theft. Using the fake licenses, CLARK facilitated the sale of at least six motor vehicles from several local dealerships. The fraudsters would use the stolen identities and the fake licenses to buy high end used cars. No money was ever paid and the loans went into default.

In addition to incarceration, CLARK was sentenced to three (3) years of supervised release and payment of a mandatory $200 special assessment fee.  His self-surrender date is set for January 3, 2022, and a restitution hearing was set for January 5, 2022.

U.S. Attorney Evans praised the agencies that contributed to this indictment, which represents a coordinated effort of federal and state law enforcement authorities within the United States Secret Service Louisiana Cyber Fraud Task Force (CFTF).    U.S. Attorney Evans also thanked the Jefferson Parish Sheriff’s Office and the Jefferson Parish District Attorney’s Office for their assistance.   The case is being prosecuted by Assistant United States Attorney Edward J. Rivera.

 

NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that on October 13, 2021, defendant DARIUS WILLIAMS, of New Orleans, Louisiana, pled guilty as charged before U.S. District Court Judge Lance M. Africk.   

Count 1 of the Indictment charges WILLIAMS with being a felon in possession of a firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). WILLIAMS faces a maximum sentence of 10 years imprisonment, a fine of up to $250,000, a period of up to three years of supervised release, and a $100 mandatory special assessment fee. WILLIAMS’s sentencing is scheduled for January 19, 2022.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

U.S. Attorney Evans praised the work of ­­­­­the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The case is being prosecuted by Assistant United States Attorney Mike Trummel of the Violent Crime Unit.

 

 

NEW ORLEANS, LOUISIANA - U.S. Attorney Duane A. Evans announced that defendant TOMMIE MANGO, of New Orleans, Louisiana, pled guilty on October 13, 2021 before U.S. District Court Judge Lance M. Africk to carjacking and brandishing a firearm in furtherance of a crime of violence.

Specifically, TOMMIE MANGO pled guilty to Counts One and Two of a Superseding Bill of Information.  MANGO pled guilty to Count One, which charges him with a carjacking, in violation of Title 18, United States Code, Sections 2119(1) and 2. MANGO also pled guilty to Count Two, which charges him with brandishing a firearm in furtherance of a crime of violence, that is, a carjacking, in violation of Title 18, United States Code, Section 924(c)(1)(A)(ii).

As to Count One, MANGO faces a maximum sentence of 15 years imprisonment, a fine of up to $250,000, up to 3 years of supervised release, and a $100 mandatory special assessment fee. As to Count Two, MANGO faces a mandatory minimum sentence of 7 years up to a maximum of life imprisonment, to be run consecutive to any other sentence imposed, a fine of up to $250,000, up to 5 years of supervised release, and a $100 mandatory special assessment fee.  MANGO'S sentencing is scheduled for January 19, 2022.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice's violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and  partners with locally based prevention and reentry programs for lasting reductions in crime.

U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, and Firearms. The case is being prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit.

 

NEW ORLEANS, LOUISIANA – DWAYNE BROWN, age 34, a resident of Laplace, Louisiana, was sentenced for being a felon in possession of ammunition, announced U.S. Attorney Duane A. Evans. The Honorable Barry W. Ashe sentenced the defendant to 37 months in prison, three (3) years of supervised release, and a $100 mandatory special assessment fee. 

According to court documents, on or about October 1, 2019, BROWN attempted to go through security at Louis Armstrong New Orleans International Airport. At that time, BROWN was in possession of a “ghost” gun – a firearm that has no serial number or manufacturer’s marks of identification affixed to it. The firearm was assembled at an unknown time and location from a kit distributed by Polymer80, Inc. Moreover, the firearm was affixed with an auto-sear which permitted it to fire automatically. Along with the firearm, BROWN was in possession of $35,000 in cash and two 30-round magazines containing approximately 28 rounds each. Prior to this, BROWN had been convicted in the 40th Judicial Court, State of Louisiana, for aggravated flight from an officer, simple criminal damage to property, and unauthorized entry of an inhabited dwelling.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, and Firearms in investigating this matter.  The prosecution of this case is being handled by Assistant U. S. Attorneys G. Dall Kammer and Rachal Cassagne.

 

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NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that LACEY STEWART, age 34, from Baton Rouge, Louisiana was sentenced on October 13, 2021 to one year probation  after pleading guilty as charged to a one count Bill of Information on June 29, 2021. She was charged in 2021 by a Bill of Information with Mail Theft, a violation of Title 18, United States Code, Section 1708.

In papers filed with the court signed by LACEY STEWART, she admitted to being an employee of the Paulina, Louisiana Post Office. She further admitted to stealing a $1,000.00 postal money order from an Express Mail package she handled. She removed the postal money order from the package and cashed it at the Paulina Post Office. Her theft was discovered when the person to whom the package was delivered discovered that the postal money order was missing.

Judge Wendy Vitter ordered STEWART to pay $1,000.00 in restitution, as well as a $100.00 mandatory special assessment fee.

U.S. Attorney Evans praised the work of the Office of Inspector General of the United States Postal Service in investigating the matter. The case was being handled by Assistant United States Attorney Carter K.D. Guice Jr.

 

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NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that SHANNEL SMITH, age 41, of Orleans Parish, Louisiana, was charged on October 12, 2021 in a one-count superseding bill of information for issuing money orders without receiving full payment in violation of Title 18, United States Code, Section 500.

According to court documents, beginning in May 2019 and continuing until August 2019, SMITH, being an employee of the Postal Service, for the purpose of fraudulently enabling herself to obtain and receive, directly and indirectly, a sum of money from the United States, issued eight (8) postal money orders with face amounts of $150.00, $110.71, $100.00, $125.00, $80.00, $140.00, $100.00, and $150.00 without having previously received the full amount payable to the United States for these money orders.

If convicted, SMITH faces a maximum penalty of five (5) years imprisonment, followed by up to three (3) years of supervised release, up to a $250,000.00 fine, and a mandatory $100 special assessment fee based on the charge outlined in the superseding bill of information. 

U.S. Attorney Evans stated that the superseding bill of information is merely a charge and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This case was investigated by special agents from the U.S. Postal Service, Office of Inspector General (“USPS-OIG”).  The prosecution of this case is being handled by Assistant U.S. Attorney Rachal Cassagne.

 

NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that DEMETRIA MYERS SILVIO, age 32, of New Orleans, Louisiana, pled guilty on October 13, 2021 to Wire Fraud, in violation of Title 18, United States Code, Section 1343. 

According to court documents, between December 3, 2018 and December 6, 2019, SILVIO forged approximately 66 checks that were drawn on IberiaBank accounts belonging to five customers.  SILVIO deposited the fraudulent checks into her own bank accounts with Chase Bank and Capital One.  Through this scheme, SILVIO embezzled approximately $63,059.82.

SILVIO faces a maximum term of twenty (20) years imprisonment and/or a fine of $250,000.00 or the greater of twice the gross gain to the defendant or twice the gross loss to any person.  In addition, SILVIO faces a term of supervised release of up to three (3) years after her release from prison and a mandatory special assessment fee of $100.  The Honorable Wendy B. Vitter set sentencing for January 18, 2022.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter.  The prosecution of this case is being handled by Assistant U.S. Attorney Maria M. Carboni.

 

NEW ORLEANS, LA – United States District Judge Mary Ann Vial Lemmon sentenced RICHARD GRAY, age 60, of LaPlace, Louisiana, on October 7, 2021 to 18 months in the Bureau of Prisons for violating the Federal Controlled Substances Act, Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), 846, 843(b), and 18 U.S.C. Section 2, announced U.S. Attorney Duane A. Evans.  

According to the court records, in Count One, GRAY conspired to distribute and possess with the intent to distribute a quantity of a mixture or substance containing a quantity of cocaine hydrochloride. In Count Six, GRAY knowingly and intentionally used a telephone in committing, causing, and facilitating the commission of the violation in Count One. During the investigation, law enforcement learned GRAY transported cocaine hydrochloride from Texas to Louisiana and used a cellular phone to facilitate the transportation of the narcotics.

District Judge Lemmon sentenced GRAY to the 18 months imprisonment to be followed by three (3) years of supervised release as to Counts One and Six of the Indictment. Judge Lemmon also ordered that GRAY pay a $200 mandatory special assessment fee.

The case was investigated by the United States Drug Enforcement Administration and the Saint John the Baptist Sheriff’s Office. Assistant United States Attorney Bayonle Osundare prosecuted the matter.

 

NEW ORLEANS – BYRON WATSON, age 32, and REGINALD LUMAR, age 30, residents of New Orleans, were sentenced this week by the Honorable Susie Morgan, announced U.S. Attorney Duane A. Evans. WATSON was sentenced to 72 months of incarceration and LUMAR was sentenced to 51 months of incarceration. Both men were ordered to serve three (3) years of supervised release after completion of their prison sentences and payment of $200 mandatory special assessment fees. The defendants were also ordered to pay restitution in the amount of $15,576.  

According to Count One of the indictment, on September 10, 2019, WATSON and LUMAR robbed the Total Choice Federal Credit Union located at 100 Palmetto Drive in LaPlace, Louisiana. They obtained $7,841 in the robbery. According to Count Two of the indictment, on September 26, 2019, WATSON and LUMAR robbed the Fidelity Bank located at 9099 Jefferson Highway, Jefferson, Louisiana. They obtained $7,735 in that robbery.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation’s Violent Crime Task Force, Louisiana State Police Crime Lab as well as officers with the Jefferson Parish Sheriff’s Office, New Orleans Police Department, and St. John the Baptist Parish Sheriff’s Office. Assistant U.S. Attorney Jon Maestri was in charge of the prosecution.

 

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NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced today that AISHA THOMPSON (“THOMPSON”), age 43, of New Orleans, Louisiana, entered a plea of guilty on October 6, 2021 to Conspiracy to Commit Mail Fraud, in violation of Title 18, United States Code, Section 371, arising out of staged automobile accidents with tractor-trailers occurring in New Orleans.

According to the guilty plea, THOMPSON, along with her co-defendants, Dewayne Coleman, Erica Lee Thompson (“Erica Lee”), Donisha Lee, Passenger A, and Donreion Lee, conspired to commit mail fraud in connection with a staged accident with Cornelius Garrison, occurring on September 6, 2017. Today’s guilty plea brings the total number of defendants convicted in “Operation Sideswipe” to twenty-eight (28).

THOMPSON falsely claimed that on September 6, 2017, on the I-10 near the Almonaster exit, she was a passenger in co-defendant Erica Lee’s 2015 RAV4 being driven by their former co-defendant, when he intentionally crashed into a tractor-trailer owned by Averitt Express.  After the staged accident, the driver exited the RAV4 and told Erica Lee to get behind the wheel of the RAV4 to make it appear that Erica Lee was driving the vehicle at the time of the staged accident.  The defendants contacted the NOPD and falsely claimed that Erica Lee was the driver at the time of the collision.  Passenger A falsely claimed to the NOPD that she was THOMPSON.

Approximately one or two days after the staged accident, Coleman, Donisha Lee, Donreion Lee, Erica Lee, and THOMPSON went to an attorney’s office for the purpose of collecting money from the insurance and trucking company.  Coleman, Donisha Lee, Donreion Lee, Erica Lee, and THOMPSON sought medical treatment from doctors and healthcare providers.  THOMPSON was treated despite not being in the RAV4 at the time of the staged accident. THOMPSON retained counsel and made a claim for damages. The total settlement for the Averitt accident was $30,000.

On March 26, 2019, Coleman, Donisha Lee, and Donreion Lee each provided false testimony in depositions taken in conjunction with the Thompson Lawsuit. On April 9, 2019, THOMPSON provided false testimony in a deposition taken in conjunction with the Thompson Lawsuit. In these depositions, THOMPSON, Coleman, Donisha Lee, and Donreion Lee, lied about the September 6, 2017 accident including, but not limited to, who was driving the RAV4 and the extent of their injuries.

THOMPSON faces a maximum sentence of five (5) years of incarceration. Upon release from prison, THOMPSON also faces a term of supervised release up to (3) three years, and/or a fine of $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss to any person under Title 18, United States Code, Section 3571, and a mandatory $100 special assessment fee. Sentencing in this matter is scheduled for February 16, 2022 before United States District Judge Sarah S. Vance.

The U.S. Attorney’s Office would also like to acknowledge the assistance of the Federal Bureau of Investigation, Louisiana State Police, and the Metropolitan Crime Commission with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Chief of the Financial Crimes Unit; Assistant U.S. Attorney Edward J. Rivera; Assistant U.S. Attorney Maria Carboni; and Assistant U.S. Attorney Brandon Long. 

 

NEW ORLEANS –  U.S. Attorney Duane A. Evans announced that DAVID HANSON, age 63, from Abita Springs, Louisiana, and CLIFFORD “SKIP” KEEN, age 53, from Covington, Louisiana,  were each sentenced today to 50 months imprisonment by United States District Judge Ivan L.R. Lemelle, after they previously pleaded guilty as charged to a one-count Bill of Information charging them with conspiracy to commit honest services wire fraud and soliciting a bribe, in violation of 18 U.S.C. '' 371, 1343, 1346, and 666(a)(1)(B).  The charges stemmed from their roles in the privatization of a work release program in Slidell, Louisiana, that operated between 2013 and 2016.  Additionally, HANSON and KEEN were sentenced to three (3) years of supervised release, a $10,000 fine and a $100 mandatory special assessment fee.  Restitution ordered without prejudice, with the amount to be determined at a later date.

According to court documents, HANSON and KEEN, each of whom worked as Captains with the St. Tammany Parish Sheriff’s Office (STPSO) discussed with then-Sheriff Rodney J. (“Jack”) Strain about becoming owners of a work release program in Slidell, Louisiana that Strain decided to privatize.  As sheriff, Strain had authority, among other things, to enter into certain contracts binding STPSO, including professional service contracts, unilaterally.  Because STPSO rules prohibited employees from “participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity,” HANSON and KEEN would have had to resign from STPSO—thereby losing their salaries and future pension increases—if they wanted to assume ownership and control of the Slidell work release program.  HANSON, KEEN, and Strain discussed ways to allow HANSON and KEEN to maintain their employment and still profit from the Slidell work release program.  Ultimately, HANSON, KEEN, and Strain agreed to make KEEN’s adult son (Person 1) and HANSON’s adult daughter (Person 2) owners of the Slidell work release program. 

HANSON, KEEN, and Strain agreed that they needed to find another individual actually to operate the Slidell work release program because Person 1 and Person 2 lacked sufficient education, training, experience, or funding.  They decided on Person 3, to whom HANSON presented a series of conditions, including the following: Person 1 and Person 2 would each own forty-five (45) percent of the Slidell work release program and would each receive forty-five (45) percent of the profits, while Person 3 would own ten (10) percent, receive ten (10) percent of the profits, and receive a salary; and Person 3 would be responsible for the daily operations of the Slidell work release program.   Person 3 was also responsible for providing the capital necessary to initiate the program.  On about May 1, 2013, Person 1, Person 2, and Person 3 entered into an operating agreement that created St. Tammany Workforce Solutions, LLC, in which Person 1 and Person 2 each had a forty-five percent ownership interest and Person 3 had only a ten percent ownership interest.

On June 4, 2013, Strain entered into a cooperative endeavor agreement (“privatization agreement”) on behalf of STPSO with St. Tammany Workforce Solutions, LLC to operate the Slidell work release program.  Although Person 1 and Person 2 acted effectively as passive members and did not participate substantially in the operation, oversight, or administration of the Slidell work release program, Person 3 was required to pay Person 1 and Person 2 salaries in addition to their ownership disbursements.  Person 3 was also directed to pay Person 4, who was Strain’s relative and an employee at STPSO, approximately $30,000 per year for a no-show job at the Slidell work release program.

During the time St. Tammany Workforce Solutions, LLC operated the Slidell work release program, Person 1 and Person 2 received not less than $1,195,000 from St. Tammany Workforce Solutions, LLC in the form of ownership disbursements, salary payments, and occasional lump sum miscellaneous payments.  Person 1 received no fewer than 145 payments totaling over $550,000, and Person 2 received no fewer than 131 payments totaling over $600,000.   Person 1 and Person 2 converted the majority of the money they received from St. Tammany Workforce Solutions, LLC to cash.  At the request of KEEN and HANSON, Persons 1 and 2 then transferred a significant portion of the funds back to their fathers. 

Additionally, HANSON, KEEN, and Strain understood that Strain would receive financial compensation from them in exchange for bestowing the right to operate the Slidell work release program on St. Tammany Workforce Solutions, LLC.   HANSON and KEEN each gave Strain a portion of the payments they received from St. Tammany Workforce Solutions LLC, through Person 1 and Person 2, in cash payoffs in amounts greater than $1,000 on a recurring basis in exchange for Strain bestowing the right to operate the Slidell work release program on St. Tammany Workforce Solutions LLC.  HANSON also arranged for Strain’s son to receive a check in the amount of $4,000 because Strain gave the contract to operate the Slidell work release program to St. Tammany Workforce Solutions, LLC.  HANSON, KEEN, Strain, and others attempted to conceal the scheme by, among other things, not including in the privatization agreement the fact that Strain would receive financial compensation in exchange for bestowing the right to operate the Slidell work release program on St. Tammany Workforce Solutions LLC, communicating by cellular telephone, and providing most of the money to Strain in the form of cash.

Strain was indicted in a sixteen-count indictment by a federal grand jury separately on August 29, 2019.  See United States v. Strain, 19-173 “H” (E.D. La.).  Trial in that matter is scheduled to begin on December 6, 2021. 

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation Division and thanks the Metropolitan Crime Commission for its assistance.  Assistant United States Attorneys Jordan Ginsberg, the Public Corruption Unit Chief, and Elizabeth Privitera, the Violent Crime Unit Chief, are in charge of the prosecution.

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NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans, announced that HAROLD SAINTES, JR. age 52, of Franklin, Louisiana pled guilty as charged to a one count Bill of Information for Theft of Mail, before United States District Court Judge Jay C. Zainey today.

In papers filed with the court and signed by defendant SAINTES,  he admitted to taking  mis-sent parcels in the amount of $380.00 from the Loranger Post Office from September 1, 2019 through October 19, 2019.

Sentencing is scheduled for January 4, 2022. At that time, SAINTES faces a maximum penalty of five (5) years imprisonment, followed by up to three (3) years of supervised release and a $250,000 fine. There is also a $100 mandatory special assessment cost due after conviction.

U.S. Attorney Evans praised the work of the U.S Postal Inspection Service, Office of Inspector General in investigating this matter. Assistant United States Attorney Julia K. Evans is in charge of the prosecution.

 

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NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that DONOVAN DIRON JOHNSON (“JOHNSON”), age 27, of Thibodaux, Louisiana was sentenced to imprisonment on September 29, 2021 in federal court before U.S. District Court Judge Jay C. Zainey for being a person convicted of a misdemeanor crime of domestic violence found in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(9).

According to court documents, on February 1, 2017, JOHNSON was found in possession of a Glock Model 22, .40 caliber pistol with an extended magazine.

Judge Zainey sentenced JOHNSON to 24 months imprisonment, 3 years of supervised release, and a $100 mandatory special assessment fee.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The U.S. Attorney’s Office praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Thibodaux Police Department.   

The prosecution of the case was handled by Assistant U.S. Attorney Kathryn McHugh.

 

WASHINGTON – Jeffersonville, Indiana-based American Commercial Barge Line LLC (American Commercial) has agreed to acquire and preserve 649 acres of woodland wildlife habitat near New Orleans, Louisiana, and pay over $2 million in damages, in addition to $1.32 million previously paid for damage assessment and restoration planning costs, under the Oil Pollution Act (OPA) and the Louisiana Oil Spill Prevention and Response Act (OSPRA), to resolve federal and State claims for injuries to natural resources resulting from an oil spill from one of its barges.

The United States and Louisiana concurrently filed a civil complaint with a proposed consent decree. The complaint seeks damages and costs under OPA and OSPRA for injuries to natural resources resulting from American Commercial’s July 2008 discharge of approximately 6,734 barrels (282,828 gallons) of No. 6 fuel oil into the Mississippi River upriver of New Orleans. The complaint alleges that the spill resulted from a collision that occurred when the American Commercial tug Mel Oliver, which was pushing a barge upriver, veered directly in front of the MV Tintomara, an ocean-going tanker ship sailing downriver. The oil spill spread more than 100 miles downriver and covered over 5,000 acres of shoreline habitat. The oil spill caused significant impact and injuries to aquatic habitats within the Mississippi River and along its shoreline, as well as to birds and other wildlife. The oil spill forced the closure of the river from River Mile Marker 98 (just upriver from New Orleans) to the Southwest Pass Sea Buoy, from July 23, 2008 until July 29, 2008. American Commercial, the Coast Guard, and the State were involved in extensive response and cleanup efforts, and American Commercial has cooperated with the federal and State trustees in the assessment of injuries to natural resources.  

“This settlement secures full compensation for the damaged resources, including the permanent preservation of 649 acres of critical wildlife habitat along the Mississippi River just a few miles from downtown New Orleans,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “The restoration projects funded by this settlement will restore wildlife and wetlands, and enhance recreational opportunities for Louisiana’s residents and visitors.”  

“Safeguarding the environment is one of the highest priorities for the Department of Justice,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Ultimately, this case demonstrates the DOJ’s firm commitment, along with our federal and state partners, to utilize the full panoply of legal remedies available to protect and remediate vital water sources and the diverse ecosystems found in southeastern Louisiana.”

“Local communities and economies in Louisiana depend on the Mississippi River and the vibrant ecosystems it supports,” said Director Nicole LeBoeuf of NOAA's National Ocean Service. “We are pleased to join with industry and our co-trustees to restore vital habitats, wildlife, and outdoor recreational areas injured by the oil spill, and look forward to working with the public to implement restoration projects.”

“The wildlife resources and outdoor recreation opportunities of the lower Mississippi are critical to Louisiana’s rich natural heritage,” said Regional Director Leopoldo Miranda-Castro of the U.S. Fish and Wildlife Service’s South Atlantic-Gulf & Mississippi-Basin Regional Office. This settlement will allow for the restoration of lost resources and services and will facilitate locally-driven conservation and management that ensures equitable access to the connected local communities.”

Under the proposed consent decree, American Commercial will acquire (at an estimated purchase price of $3.25 million) and preserve 649 acres of woodland habitat, consisting of hardwood forested wetland, swamp, relic wetlands, and open waters (i.e., canals), near the Mississippi River in upper Plaquemines Parish, Louisiana (Woodlands Parcel). The Woodlands Conservancy, a local nonprofit that currently manages the property for recreational and educational use, will hold title to the property and a conservation servitude will forever limit the use of the Woodlands Parcel to passive recreation, thereby protecting and preserving the ecological benefits of the property.

American Commercial will also pay $2.07 million to compensate for natural resource damages from the spill. The federal and State trustees will jointly use the cash payment to perform projects to restore or ameliorate the impacts to aquatic life, birds, river batture, wetlands, marshes, and recreational uses along the Mississippi River. The projects, which are described in the final Damage Assessment and Restoration Plan and Environmental Assessment, Mississippi River Oil Spill, Gretna – New Orleans, Louisiana, July 23, 2008, include habitat restoration activities at the Woodlands Parcel and marsh creation in the Pass-a-Loutre State Wildlife Management Area. American Commercial has paid $1.32 million to reimburse the federal and State trustees for their past damage assessment and restoration planning costs, as required under OPA and OSPRA.

Today’s action was filed by the Department of Justice and the Louisiana Oil Spill Coordinator’s Office, Department of Public Safety & Corrections (LOSCO) on behalf of the federal and State trustees for natural resources. The designated federal trustees for the natural resources impacted by American Commercial’s oil spill are the U.S. Department of Commerce through the National Oceanic and Atmospheric Administration and the U.S. Department of the Interior through the United States Fish and Wildlife Service. The designated state trustees are LOSCO, Louisiana Department of Natural Resources, Louisiana Department of Environmental Quality, Louisiana Department of Wildlife and Fisheries, and the Louisiana Coastal Protection and Restoration Authority. The federal and State trustees worked together to perform the injury assessment and to develop and adopt the restoration plan.

In an earlier related OPA enforcement action filed in 2011, the Department of Justice secured a settlement with American Commercial for $20,000,000 to reimburse the United States for OPA removal costs and damages.

The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html. 

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NEW ORLEANS, LA – United States Attorney Duane A. Evans announced today, that on September 30, 2021, LILBEAR GEORGE, 31, and CHUKWUDI OFOMATA, 35, both of New Orleans, were each sentenced by U.S. District Judge Lance Africk to 480-month terms of imprisonment.  Both men previously pleaded guilty to Using, Carrying, Brandishing, and Discharging of a Firearm in Furtherance of a Crime of Violence, a violation of Title 18, United States Code, Sections 924(c)(1)(A)(iii), 924(j)(1), and 2, which resulted in death, to wit: the December 18, 2013 murder of Hector Trochez.  After their terms of imprisonment, GEORGE and OFOMATA will be supervised by the U.S. Probation Office for five years.  They each must pay a mandatory $100 special assessment fee.  The Court ordered that restitution be paid to Loomis Armored in the amount of $265,000.

According to court documents, on the morning of December 18, 2013, GEORGE and OFOMATA robbed the Loomis armored vehicle as it was making a delivery of approximately $265,000 to the Chase Bank branch located at the intersection of S. Carrollton and S. Claiborne Avenues.  GEORGE and OFOMATA learned about the Loomis deliveries from a known individual who was employed at that Chase branch. 

As the Loomis guard, Hector Trochez, prepared to make the delivery, GEORGE and OFOMATA, both armed, exited their vehicle (a Chevy Tahoe stolen by GEORGE in preparation for the robbery), and ordered Trochez to give up the money.  Trochez pulled his weapon and fired at the robbers.  OFOMATA and GEORGE fired their weapons in Trochez’s direction.  Trochez was fatally struck on the left side of his forehead and suffered a graze wound to his elbow. One of the robbers ran towards the rear of the Loomis truck and took possession of the money bag before re-entering the Tahoe.  The robbers fled the Chase Bank parking lot.  

A witness, seated in a vehicle at the corner of S. Claiborne and S. Carrollton Avenues observed the shooting and provided a description of the shooters and the vehicle they occupied.  That witness followed the Chevy Tahoe as it fled the location of the shooting/robbery.  During the vehicle’s flight, one of the shooters fired at the witness’s vehicle  in an attempt to stop the witness from following.  The witness observed the Chevy Tahoe arrive at the 1700 block of Adams Street and saw the robbers exit the Chevy Tahoe and enter the awaiting Honda Accord.  After the individuals entered the Honda Accord, they fled the Adams Street location, leaving the Chevy Tahoe behind.

The Chevy Tahoe was recovered by the New Orleans Police Department and searched pursuant to a federal search warrant.  During the search, FBI agents observed that the steering wheel column of the vehicle had been breached. Agents located two screwdrivers on the floorboard of the Tahoe.  The screwdrivers were collected and submitted for DNA testing at the Louisiana State Police Crime Laboratory.  An unknown DNA profile, later confirmed to be that of GEORGE, was recovered from one of the screwdrivers.  Based on the recovery of GEORGE’s DNA from the screwdriver, an arrest warrant was issued.

Co-defendants Jeremy Esteves and Robert Brumfield III were found guilty by a jury at trial in November 2019.  Co-defendant Jasmine Theophile, GEORGE’s girlfriend, previously pled guilty to obstructing justice.   They will be sentenced on October 13, 2021.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation along with the New Orleans Police Department and the Louisiana State Police.  Assistant United States Attorneys Brittany L. Reed, Gregory M. Kennedy, and Inga C. Petrovich are prosecuting the matter.

 

NEW ORLEANS, LOUISIANA – KEVIN MARTIN, age 28, a resident of New Orleans, was sentenced on September 30, 2021 by United States District Judge Carl J. Barbier to 70 months incarceration in the Bureau of Prisons, announced U.S. Attorney Duane A. Evans.

According to court paperwork, MARTIN was interviewed by ATF special agents who were assisting the New Orleans Police Department in arresting MARTIN on burglary charges.  During the interview, MARTIN admitted that he had firearms in his residence and during a subsequent search of that residence, police located firearms in the location MARTIN said they would be.  MARTIN had multiple prior felony convictions at this point in time.

The Court sentenced MARTIN to 70 months imprisonment to be followed by three (3) years of supervised release and ordered MARTIN to pay a mandatory special assessment fee of $100.00 .

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The prosecution is being handled by Assistant United States Attorney David Haller.

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NEW ORLEANS – U.S. Attorney Duane A. Evans announced that BENJAMIN TEKIPPE (TEKIPPE), age 37, a resident of New Orleans, Louisiana, was charged on September 30, 2021 with health care fraud, aggravated identity theft, and making a false statement.

According to the Indictment, TEKIPPE was a licensed chiropractor in Louisiana. TEKIPPE owned and operated his own practice, Metairie Chiropractic, located in Metairie, Louisiana, where he purported to provide chiropractic services to patients.

TEKIPPE knowingly participated in a scheme to defraud a health care benefit program, in connection with the delivery of and payment for health care benefits and services.

TEKIPPE submitted, and caused to be submitted, fraudulent claims to health care benefit programs that falsely represented that certain health care services were provided to patients, when TEKIPPE knew that those services were not actually provided.

On various dates in 2019, TEKIPPE submitted, or caused to be submitted, claims for payment which were not provided. In addition, TEKIPPE knowingly used or caused to be used, without lawful authority, a means of identification of another person, specifically insurance members’ unique member identification numbers, to bill for services which were not provided.

On or about July 22, 2020, TEKIPPE did knowingly and willfully make a materially false, fictitious, and fraudulent statement to Special Agents of the United States Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.

If convicted of health care fraud, TEKIPPE faces a possible maximum sentence of 10 years imprisonment and up to three years of supervised release. If convicted of aggravated identity theft, TEKIPPE faces a possible sentence of 2 years of imprisonment to be run consecutively to any other sentence and up to one year of supervised release, . If convicted of making a false statement, TEKIPPE faces a possible maximum sentence of 5 years imprisonment and up to three years of supervised release.  For each offense, TEKIPPE faces up to a $250,000 fine and a mandatory $100 special assessment fee.

The case is being investigated by the Federal Bureau of Investigation and The Department of Health and Human Services, Office of Inspector General. 

An indictment is merely a charge and the guilt of the defendant must be proven beyond a reasonable doubt.

The prosecution of the case is being handled by Assistant United States Attorney Kathryn McHugh.

NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced today that JOHNNY WOODEN, age 21, from Orleans Parish, pled guilty on September 28, 2021 to a one-count indictment for possession of a firearm while under indictment, in violation of Title 18, United States Code, Section 922(n).  WOODEN was initially indicted by a Federal Grand Jury on August 7, 2020.

On July 29, 2020, WOODEN possessed a semi-automatic rifle while he was under indictment for felony charges in Orleans Parish Criminal District Court, which prohibited him from possessing any firearms. 

At sentencing, WOODEN faces up to a maximum term of imprisonment of five (5) years, a maximum fine of up to $250,000, up to 3 years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee, pursuant to Title 18, United States Code, Section 924(a)(1)(D).

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was investigated by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department.  It was prosecuted by Assistant United States Attorney Melissa Bücher of the U.S. Attorney’s Office.

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NEW ORLEANS –  U.S. Attorney Duane A. Evans announced today that ZACHARY VERDIN, age 29, of Marrero, Louisiana, was charged with three counts of Bank Robbery in violation of Title 18, United States Code, Section 2113(a).

According to Count One of the bill of information, on or about July 19, 2021, VERDIN robbed the Capital One Bank located at 1867 Barataria Boulevard in Marrero, Louisiana. He obtained approximately $521 in the robbery. According to Count Two of the bill of information, on or about July 26, 2021, VERDIN robbed the Chase Bank located at 1425 North Broad Street in New Orleans, Louisiana. He obtained approximately $1,000 in that robbery. According to Count Three of the bill of information, on or about August 2, 2021, VERDIN robbed the Regions Bank located at 313 Westbank Expressway in Gretna, Louisiana. He obtained approximately $12,540 in that robbery.

If convicted on any of the charged offenses, VERDIN faces a maximum of twenty years in the Federal Bureau of Prisons, a $250,000 fine, and up to three years of supervised release following his release from prison.  VERDIN also faces a $100 mandatory special assessment fee, as to each count.

United States Attorney Evans reiterated that the bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.  

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation’s Violent Crime Task Force and officers with the Jefferson Parish Sheriff’s Office and New Orleans Police Department. Assistant U.S. Attorney Jon Maestri is handling the prosecution.

 

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NEW ORLEANS –  U.S. Attorney Duane A. Evans announced that, on September 30, 2021, WILSON ROMERO, age 55, of Katy, Texas, pled to one count of possession with the intent to distribute 100 grams or more of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B).

According to court documents, during a traffic stop on May 6, 2019, ROMERO was found with 994 grams of heroin hidden in a vacuum cleaner in the trunk of his vehicle.  ROMERO subsequently admitted that he had paid $32,000 for the heroin and was trafficking it from Houston to New Orleans.

ROMERO faces a sentence of between 5 years and 40 years of imprisonment, a fine of up to $5,000,000, at least 4 years of supervised release, and a $100 mandatory special assessment fee.  U.S. District Judge Barry W. Ashe set sentencing for January 6, 2022.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation, Drug Enforcement Administration, and Louisiana State Police in investigating this case.  The case is being prosecuted by Assistant United States Attorneys Maria M. Carboni and Jonathan L. Shih.

 

 

NEW ORLEANS – U.S. Attorney Duane Evans announced today that RAUL CABRERA-PERDOMO age 46, was charged on September 30, 2021 in a one-count indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).

According to the indictment, RAUL CABRERA-PERDOMO (“CABRERA”), reentered the United States after he was previously deported on May 15, 2009.  If convicted, CABRERA faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment fee. 

U.S. Attorney Evans reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt. 

U.S. Attorney Evans praised the work of  United States Immigration and Customs Enforcement in investigating this matter.  Assistant U.S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.

 

NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced on Thursday, September 30, 2021, that TRON HUGHES, age 40, and DEAMONTE BROWN, age 21, residents of New Orleans, LA, were both charged in a one-count indictment with being felons in possession of several firearms. 

In Count 1 of the indictment, both HUGHES and BROWN are charged with possessing several firearms on June 2, 2020, in violation of Title 18 United States Code, Sections 922(g)(1), 924(a)(2), and 2.  If convicted, HUGHES and BROWN face a maximum sentence of 10 years of imprisonment, a fine up to $250,000, a period of up to 3 years supervised release, and a mandatory special assessment fee of $100.00. 

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice's violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and  partners with locally based prevention and reentry programs for lasting reductions in crime.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit for the U.S. Attorney's Office.

 

 

WASHINGTON – Empire Bulkers Ltd., Joanna Maritime Limited and Chief Engineer Warlito Tan were indicted yesterday in New Orleans for violations of environmental and safety laws related to the Motor Vessel Joanna, a Marshall Islands registered Bulk Carrier.

The four-count grand jury indictment alleges that the companies and Tan tampered with required oil pollution prevention equipment and falsified the ship’s Oil Record Book, an official ship log regularly inspected by the Coast Guard. The Coast Guard found that the ship’s Oily Water Separator had been bypassed by inserting a piece of metal into the Oil Content Meter so that it would only detect clean water instead of what was actually being discharged overboard. According to the indictment, Tan and the shipping companies falsified the log and sought to obstruct the Coast Guard’s inspection.

The defendants also were charged with violating the Ports and Waterways Safety Act by failing to immediately report a hazardous situation that affected the safety of the ship and threatened U.S. ports and waters. During the inspection on March 11, 2021, the Coast Guard discovered an active fuel oil leak in the ship’s purifier room that resulted from disabling the fuel oil heater pressure relief valves, an essential safety feature designed to prevent catastrophic fires and explosions.

The criminal prosecution is being handled by Assistant U.S. Attorney G. Dall Kammer for the Eastern District of Louisiana and Senior Litigation Counsel Richard A. Udell of the Environment and Natural Resources Division's Environmental Crimes Section, with valuable assistance provided by District 8 of the U.S. Coast Guard and the Coast Guard Criminal Investigations Division.

Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Duane Evans for the Eastern District of Louisiana made the announcement.

An indictment contains probable cause allegations made by a grand jury and must be proved beyond a reasonable doubt at trial. 

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Empire Bulkers Ltd., Joanna Maritime Limited and Chief Engineer Warlito Tan were indicted yesterday in New Orleans for violations of environmental and safety laws related to the Motor Vessel Joanna, a Marshall Islands registered Bulk Carrier.

The four-count grand jury indictment alleges that the companies and Tan tampered with required oil pollution prevention equipment and falsified the ship’s Oil Record Book, an official ship log regularly inspected by the Coast Guard. The Coast Guard found that the ship’s Oily Water Separator had been bypassed by inserting a piece of metal into the Oil Content Meter so that it would only detect clean water instead of what was actually being discharged overboard. According to the indictment, Tan and the shipping companies falsified the log and sought to obstruct the Coast Guard’s inspection.

The defendants also were charged with violating the Ports and Waterways Safety Act by failing to immediately report a hazardous situation that affected the safety of the ship and threatened U.S. ports and waters. During the inspection on March 11, 2021, the Coast Guard discovered an active fuel oil leak in the ship’s purifier room that resulted from disabling the fuel oil heater pressure relief valves, an essential safety feature designed to prevent catastrophic fires and explosions.

The criminal prosecution is being handled by Assistant U.S. Attorney G. Dall Kammer for the Eastern District of Louisiana and Senior Litigation Counsel Richard A. Udell of the Environment and Natural Resources Division's Environmental Crimes Section, with valuable assistance provided by District 8 of the U.S. Coast Guard and the Coast Guard Criminal Investigations Division.

Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Duane Evans for the Eastern District of Louisiana made the announcement.

An indictment contains probable cause allegations made by a grand jury and must be proved beyond a reasonable doubt at trial. 

NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that on Thursday, September 23, 2021, the Honorable Judge Carl J. Barbier sentenced DARREL FITZPATRICK, aged 31, to 60 months in the Bureau of Prisons in what the Judge called a “massive bribery and fraud scheme” involving the United States Marine Corps. 

The defendant had previously pleaded guilty on January 21, 2021 to Conspiracy to Commit Bribery, in violation of Title 18, United States Code, Sections 371 and 201(b)(1).  The Court also set a restitution hearing on December 16, 2021, to determine how much money the defendant owes the government as a result of the scheme. The defendant must also serve three years of supervised release following his term of imprisonment and pay a $100 mandatory special assessment fee.

According to the Factual Basis, in 2019 FITZPATRICK was a senior account manager at Company A, a bus brokerage company that provided transportation to the United States Marine Corps Reserves.  That same year, FITZPATRICK started a competing transportation brokerage company called National Charter Express.

In 2019, FITZPATRICK agreed to pay kickbacks to Erik Martin, a civilian employee of the United States Marine Corps Reserves, in exchange for Martin directing business to Company A, and then later, National Charter Express. The conspiracy resulted in at least $2,000,000 in transportation contracts being corruptly awarded to companies associated with FITZPATRICK.  In exchange, FITZPATRICK wired and attempted to wire Martin over $250,000 in bribes.

U. S. Attorney Evans praised the work of the Defense Criminal Investigative Service (DCIS), the Naval Criminal Investigative Service (NCIS), and the United States Secret Service for their investigation in this case.

“Mr. Fitzpatrick deserves to be held fully accountable for his criminal actions to bribe a Marine Corps employee to direct contracts to his transportation company,” said Special Agent in Charge Thomas Cannizzo of the NCIS Southeast Field Office. “This sentencing should serve as a warning that those who seek to defraud the Department of the Navy will always be exposed and investigated to the fullest extent. NCIS and our partners remain committed to rooting out bribery and corruption that damages the integrity of the Department of the Navy’s procurement process, wastes American taxpayer money, and ultimately jeopardizes the safety of our nation’s warfighters.”

“I’d like to thank the U.S. Attorney’s Office and the Naval Criminal Investigative Service for partnering on this important investigation,” stated Special Agent in Charge Cynthia A. Bruce of the Defense Criminal Investigative Service (DCIS), the investigative arm of the Department of Defense, Office of Inspector General. “I am pleased that we were able to secure a significant forfeiture to take back ill-gotten gains from the defendants and send a clear message that ultimately crime does not pay."

The prosecution is being handled by Assistant United States Attorneys Andre Lagarde and Myles Ranier.

NEW ORLEANS – CLAUDUA ANTILLON ZAHUITA, age 38, and SERGIO LEON KURI, age 40, both residents and citizens of Mexico, were sentenced  to prison on September 29, 2021 by U.S. District Court Judge Jane Triche Milazzo of the Eastern District of Louisiana after they each pleaded guilty to one count of conspiracy to commit wire fraud, announced U.S. Attorney Duane A. Evans. ANTILLON ZAHUITA received 48 months, while LEON KURI received 60 months.

As detailed in the original indictment and superseding bill of information, the defendants, from at least January 1, 2016, to the present, conspired together and with others to commit wire fraud in connection with a telemarketing scheme that targeted and victimized persons in the United States, Canada and South America. As part of the elaborate scheme, the conspirators made unsolicited phone calls to owners of resort timeshare properties to induce them into paying fees associated with the bogus sale of their property. The defendants misrepresented the existence of a buyer for their timeshare and solicited money from the victims to facilitate the sale. They solicited the timeshare owners to enter into agreements to sell their timeshares and pay for alleged “closing costs” with electronic wire transfers from banking institutions within the United States to Mexican banks. There were no interested buyers, the closings did not occur, and the timeshares were not resold. Instead, the conspirators simply pocketed the advanced fees. Of the U.S. victims, 40 were age 60 and older and the total estimated loss is at least $20,000,000.

The defendants, who are all based in Mexico, operated under the business names Planet Travel and Newport International Investments, and at other times used the following business names: Advance Travel INC, All American Real Estate, American International Investment Group, Bear Claw Travel, Best Investment Services, Champion Properties, Closing Source LLC, Equity Closing Services Group, Global Offshore Services, NSC Holding, Peach Title, Sandia Title, Travel and Acquisitions, Travel Innovations, Travel Plus Acquisitions, Travel Right, and World Travelers, Inc. All these domain websites have been seized by the Federal Bureau of Investigation and the Department of Justice.

In addition to imprisonment, ANTILLON ZAHUITA and LEON KURI were given three (3) years of supervised release, a $100 mandatory special assessment fee, and a restitution hearing is to be set at a later date. Each defendant was also ordered to be immediately deported upon the expiration of their terms of imprisonment.  

This case is the product of an extensive and ongoing investigation by special agents of Federal Bureau of Investigation. Assistant United States Attorneys Edward J. Rivera and Paige O’Hale are prosecuting the case.

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NEW ORLEANS, LA – United States District Judge Sarah S. Vance sentenced NICK HELMSTETTER, age 29, of New Orleans, Louisiana, on September 29, 2021 to 46 months in the Bureau of Prisons for violating the Federal Controlled Substances Act, Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(B), and 846, announced U.S. Attorney Duane A. Evans.   

According to the court records, HELMSTETTER conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin.  HELMSTETTER admitted to being captured on a Title III wire intercept. 

District Judge Vance sentenced HELMSTETTER to the 46 months imprisonment to be followed by four years of supervised release.  Judge Vance also ordered that HELMSTETTER pay a $100 mandatory special assessment fee. 

This case was investigated by Special Agents of the Federal Bureau of Investigation (FBI).  The prosecution is being handled by Assistant United States Attorney David Haller.

NEW ORLEANS –  U.S. Attorney Duane A. Evans announced that MICHAEL PAUL PERRILLOUX, age 43, a resident of New Orleans, Louisiana, pleaded guilty today before United States District Judge Carl J. Barbier to Count Four of a four-count Indictment charging him with distribution of child sexual abuse material (CSAM), including prepubescent children, in violation of 18 U.S.C. 2252(a)(2).

According to court documents, in about November 2020, Special Agents with the Federal Bureau of Investigation (“FBI”) executed a search warrant at PERRILLOUX’s New Orleans-area residence after receiving a tip that PERRILLOUX had uploaded images and videos depicting the sexual exploitation of children to an online, cloud-based file storage account.  Agents seized numerous electronic devices belonging to PERRILLOUX.  A subsequent review of the devices revealed that between at least 2017 and 2020, PERRILLOUX uploaded images and videos depicting the sexual exploitation of children via a computer and the internet to one or more online, cloud-based file storage accounts under his control. PERRILLOUX obtained, uploaded, and catalogued thousands of digital files (i.e., images and videos) depicting the sexual exploitation of children. The Government would further establish through the introduction of forensic digital evidence that PERRILLOUX sometimes received payments in exchange for distributing depictions of his collection of CSAM by transmitting electronically a link to one of more of his online file storage accounts. Specifically, on or about September 10, 2018, PERRILLOUX received approximately $200 from Person 1 in exchange for PERRILLOUX providing Person 1 a link to an online file storage account under PERRILLOUX’s control that contained images and videos depicting CSAM.

Additionally, a review of PERRILLOUX’s electronic devices revealed that PERRILLOUX engaged in sexually suggestive online conversations with individuals, including minors, while pretending to be either a female or a younger male. During the conversations, PERRILLOUX requested that the minors either engage in sexually explicit conduct or take and send him sexually explicit pictures and videos.

PERRILLOUX faces a mandatory minimum term of imprisonment of five (5) years and a maximum term of imprisonment of twenty (20) years.  PERRILLOUX also faces a lifetime of supervised release, up to a $250,000 fine, and a mandatory $100 special assessment fee.  PERRILLOUX can be required to register as a sex offender and may also be ordered to pay restitution to the victims of his crime. Sentencing has been scheduled before Judge Barbier for January 6, 2022. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter.  Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.

 

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NEW ORLEANS – U.S. Attorney Duane A. Evans announced that ARCHIE MORRIS, age 43, of New Orleans, was sentenced on September 28, 2021 for five counts of arson, in violation of Title 18, United States Code, 844(i).

According to court documents, ARCHIE MORRIS used gasoline and Molotov cocktails to start five fires at an occupied apartment in New Orleans, Louisiana.  On or about April 2, 2018, at two different times of the day, ARCHIE MORRIS started fires at this apartment.  Then on or about April 7, 2018, ARCHIE MORRIS set fire to this residence at three different times of the day.

U.S. District Judge Jay C. Zainey sentenced MORRIS to serve 168 months in prison, to be followed by three (3) years of supervised release.  Judge Zainey also imposed a $500 mandatory special assessment fee.

U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Orleans Fire Department, and the New Orleans Police Department in investigating this matter.  The case was prosecuted by Assistant U.S. Attorney Maria M. Carboni.

 

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NEW ORLEANS, LA – United States Attorney Duane A. Evans announced that STEVEN WILLIAMS, age 35 of Jackson, Mississippi, was sentenced on September 28, 2021 to 13 years and 8 months in prison followed by (5) years of supervised release for bank robbery. WILLIAMS was further ordered to pay $5,136.00 in restitution and a $100.00 mandatory special assessment fee.  

According to court documents, WILLIAMS used a firearm on November 21, 2016 while robbing the First NBC Bank, whose deposits were insured by the Federal Deposit Insurance Corporation (FDIC), in Kentwood, Louisiana. He previously pleaded guilty to bank robbery by assaulting and putting in jeopardy the life of another by using a dangerous weapon in violation of Title 18, United States Code, Section 2113(a) and (d).

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

U.S. Attorney Evans praised the work of the Kentwood Police Department and the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Charles D. Strauss.

 

NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that CHARLES A. LOPEZ (“LOPEZ”), age 29, of Harahan, Louisiana, was sentenced on September 29, 2021 for receipt of child pornography in violation of Title 18, United States Code, Sections 2252(a)(2) and (b)(1).

The case against LOPEZ developed as a result of an undercover child exploitation investigation conducted by special agents with the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”). On April 30, 2019, HSI agents and special agents with the Louisiana Bureau of Investigation executed a federal search warrant at LOPEZ’s Harahan home and determined LOPEZ received images and videos depicting the sexual exploitation of minors.

U.S. District Judge Ivan L. R. Lemelle sentenced LOPEZ to sixty (60) months incarceration in federal prison, followed by five (5) years of supervised release, and a $100 special assessment fee.  Additionally, LOPEZ will be required to register as a sex offender under the Sex Offender Registration Notification Act.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

U.S. Attorney Evans praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations, and the Louisiana Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Chief of Financial Crimes Unit, Assistant U.S. Attorney Brian M. Klebba.

 

NEW ORLEANS, LOUISIANA – DAVID TRAN, age 42, of Bridge City, Louisiana, was sentenced on September 29, 2021 by the Honorable Jane Triche Milazzo to 140 months in the Bureau of Prisons for violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.

According to the court records, TRAN pleaded guilty to conspiring with other individuals to manufacture, possess with the intent to distribute, and to distribute 1,000 or more marijuana plants, 400 grams or more of fentanyl, 500 grams or more of methamphetamine, and 100 grams or more of heroin.  TRAN also admitted that he possessed large quantities of fentanyl and methamphetamine with the intent to distribute them and that he was manufacturing large quantities of marijuana. 

The case resulted from a lengthy Title III wire intercept investigation conducted by the Drug Enforcement Administration in which TRAN and his co-conspirators were captured discussing heroin sales, as well as the construction of a large indoor marijuana grow in Bridge City.  The calls led the DEA agents to conduct a search of a warehouse and adjacent residence in Bridge City.  During the search, the agents found a large marijuana grow that contained approximately 700 plants in varying stages of growth and equipment sufficient to grow many thousand more plants.  Significant work and expense had been put into remodeling the warehouse, including thousands of dollars in lights, cooling systems, and ventilation.  The agents also discovered a safe containing a cornucopia of other drugs, including 1,396.2 grams of methamphetamine; 990 grams of MDMA (ecstasy); and 1,175.9 grams of fentanyl, a highly potent synthetic opioid that is fueling the tremendous rise in overdose deaths. 

Judge Milazzo sentenced TRAN to 140 months in the Bureau of Prisons to be followed by five years of supervised release after he is released from imprisonment.  TRAN was also ordered to pay a mandatory special assessment of $400.

The case was investigated by the Drug Enforcement Administration and the New Orleans Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Several other law enforcement agencies, including Jefferson Parish Sheriff’s Office, Plaquemines Parish Sheriff’s Office, and the Kenner Police Department, assisted in the search of the warehouse in Bridge City.  The prosecution is being handled by Assistant United States Attorney David Haller.

NEW ORLEANS –  U.S. Attorney Duane A. Evans announced that BRANDON WARD, age 34, a resident of Covington, Louisiana, was sentenced to 240 months imprisonment by United States District Judge Eldon E. Fallon after previously pleading guilty to a one-count Indictment charging him with distribution of images and videos depicting the sexual exploitation of children, including children as young as less than one (1) year old, in violation of 18 U.S.C. ' 2252(a)(2).  Judge Fallon also sentenced WARD to five (5) years of supervised release after his term of imprisonment and pay a $100 mandatory special assessment fee.  WARD will also be required to register as a sex offender.  Judge Fallon scheduled a restitution hearing for December 16, 2021.

According to court documents, in about October 2019, a special agent with the Federal Bureau of Investigation operating in an undercover capacity accessed a chat room within an instant messaging mobile application known to be a haven for purveyors of digital files depicting the sexual victimization of children.  Between September 29, 2019, and October 13, 2019, an individual subsequently determined to be WARD posted over two dozen links to online file storage service accounts.  Each link contained hundreds of videos depicting pre-pubescent children engaging in sexually explicit conduct with adults.  In total, WARD uploaded at least 47,000 files to the accounts.  For example, on October 31, 2019, a special agent with the FBI reviewed the contents of one of WARD’s accounts, and it contained approximately 151 files, all of which depicted the sexual victimization of children as young as less than one year old.

Additionally, a second FBI special agent acting in an undercover capacity participated in direct communication with WARD via Skype, phone, and text message.  In the conversations, WARD claimed he had been in contact with an 8-year-old female (Minor 1) who had a crush on him.  WARD sent non-sexually explicit pictures he took of Minor 1 to the undercover agent.   WARD also instructed the undercover agent, who claimed to be babysitting a six-year-old female, to engage in sexually explicit conduct with the child while WARD watched via Skype.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.

 

NEW ORLEANS - U.S. Attorney Duane A. Evans announced DONALD PETER AUZINE (“AUZINE”) and BONNIE JEAN LAWLESS DIAZ (“DIAZ”) have each pled guilty in federal court relating to their roles in a health care fraud conspiracy.

AUZINE, age 51, a resident of Baton Rouge, Louisiana, pled guilty on September 23, 2021 before U.S. District Judge Jay C. Zainey to Count One of an Indictment charging him with conspiracy to commit health care fraud, in violation of Title 18, United States Code, Sections 1347 and 1349.

DIAZ, age 46, a resident of Slidell, Louisiana, pled guilty on September 23, 2021 before U.S. District Judge Jay C. Zainey to Count One of a Superseding Bill of Information charging her with misprision (or knowing concealment) of the commission of a felony, in violation of Title 18, United States Code, Section 4.

According to the Indictment, in or around March 2014, continuing through in or around October 2016, AUZINE, conspired to knowingly and willfully execute a scheme and artifice to defraud TRICARE, a federal health care benefit program affecting commerce, and other health care benefit programs.

AUZINE was the marketing manager of Prime Pharmacy Solutions (“Prime”), which was located in Slidell, Louisiana. Prime Pharmacy was primarily a closed-door pharmacy whose primary business focus was the production of compounded medication, which, when created properly, were drugs combined, mixed, or altered by licensed pharmacists or other practitioners to meet the specialized needs of individual patients. The Pharmacist-in-Charge (“PIC”) was responsible for supervision, management, and compliance with all federal and state pharmacy laws and regulations pertaining to Prime Pharmacy’s pharmacy practice.

The owner, on behalf of Prime Pharmacy, contracted with various entities, including Pharmacy Benefit Managers (“PBMs”), obligating Prime Pharmacy to collect copayments from beneficiaries in order to be reimbursed by various health care benefit programs, including TRICARE. Additionally, the owner of Prime worked with AUZINE to market the compounded medications produced by Prime Pharmacy. AUZINE found other marketers outside of the state to find beneficiaries that were willing to receive medically unnecessary compounds and doctors willing to prescribe compounds without medical necessity.

AUZINE would pressure the pharmacists to fill prescriptions for beneficiaries where no doctor-patient relationship existed. He also aided in the creation of the prescription pads that had the highest value prescription

Beginning in or around March 2014, and continuing through in or around April 2016, Prime Pharmacy dispensed prescriptions for High-Yield Compounded Medications to beneficiaries of TRICARE and other health care benefit programs that were not medically necessary, induced by kickback payments, or where copayments were either waived or credited by Prime Pharmacy, and accordingly, submitted or caused to be submitted false and fraudulent claims for reimbursement to TRICARE, other health care benefit programs, and PBMs.

AUZINE received a percentage of Prime Pharmacy’s profits, including a percentage of the reimbursements paid by TRICARE and other health care benefit programs procured through fraud.

According to the Superseding Bill of Information, DIAZ had knowledge of the commission of the health care fraud. DIAZ concealed the fraud by knowingly submitting or caused to be submitted compounded medications for which there was no medical necessity and did not as soon as possible make known the same to some judge or other person in civil or military authority under the United States.

“Individuals involved in this scheme illegally billed TRICARE out of close to $15 million and I am pleased that the U.S. Attorney’s Office is requiring justice,” said Special Agent in Charge Cynthia Bruce, Defense Criminal Investigative Service, Southeast Field Office.  “There are no victimless crimes and DCIS agents will continue to pursue unscrupulous greedy individuals who steal from our military health care system and all taxpayers."

The Court set sentencing of AUZINE and DIAZ for January 4, 2022.

AUZINE faces a maximum term of imprisonment of ten years, a $250,000 fine, three (3) years supervised release, a $100 special assessment fee, and restitution in the amount of $1.2 million.

DIAZ faces a maximum term of imprisonment of three years, a $250,000 fine, up to one  (1) year of supervised release following any term of imprisonment, a $100 special assessment fee, and restitution in the amount of $180,000.

The U.S. Attorney’s Office praised the work of the Defense Criminal Investigative Service – Office of Inspector General, the Department of Homeland Security, the Department of Veterans Affairs – Office of Inspector General, and the United States Postal Service – Office of Inspector General. 

The prosecution of the case is being handled by Assistant United States Attorney Kathryn McHugh.

 

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NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced today that on September 23, 2021, two Bills of Information charging PERNELL ANTHONY JONES, JR., age 31, of Kenner, Louisiana, and DONMONICK MARTIN, age 29, of Chalmette, Louisiana, for their roles in a conspiracy to defraud airlines through false claims for lost baggage.

JONES was charged in a two-count Bill of Information with Conspiracy to Commit Mail Fraud, in violation of Title 18, United States Code, Section 1349 and Mail Fraud, in violation of Title 18, United States Code, Section 1341.  If convicted, JONES faces a maximum term of twenty (20) years imprisonment as to each count and/or a fine of $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss caused by the offense.   In addition, JONES faces a term of supervised release of up to three (3) years as to each count and a $200 mandatory special assessment fee.  MARTIN was charged with one count of Conspiracy to Commit Mail Fraud, in violation of Title 18, United States Code, Section 371.  If convicted, MARTIN faces a maximum term of five years of imprisonment and/or a fine of $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss caused by the offense.  MARTIN also faces up to three years of supervised release and a $100 mandatory special assessment fee.

According to court documents, beginning in or around 2015, JONES and his co-conspirators submitted over 180 claims to commercial airlines, including American, Alaska, Southwest, United, and JetBlue, requesting over $550,000 in reimbursement for luggage that JONES falsely alleged had been lost.  In total, the airlines paid over $300,000 in fraudulent claims.  The Bill of Information alleges that JONES would take flights with commercial airlines under false or fictitious identities using fraudulent identification cards.  When he arrived at the destination airport, JONES would falsely claim that his baggage had been lost and would request reimbursement to compensate him for his lost luggage.  Through this scheme, JONES and others caused airlines to mail reimbursement checks through the United States Postal Service. 

MARTIN was charged for his role in this scam, which included going into Louis Armstrong International Airport in January 2020 under a fictitious identity and falsely telling American Airlines that his bag had been lost on a flight.  MARTIN’s Bill of Information also alleges that, on four occasions, MARTIN agreed to accept reimbursement funds from airlines for false claims for lost baggage.

U.S. Attorney Evans reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

U.S. Attorney Evans would like to acknowledge the investigation by the Federal Bureau of Investigation, the U.S. Department of Homeland Security, Jefferson Parish Sheriff’s Office, and the City of Dallas Police Department. The prosecution of this case is being handled by Assistant U.S. Attorney Maria Carboni.

NEW ORLEANS – U.S. Attorney Duane A. Evans announced that BRUCE D. COX, age 62, of Mandeville, was sentenced on September 23, 2021 to one year of probation and over $35,000 in combined fine and restitution payments today for theft of government funds in connection with a false application for disaster assistance.

According to court documents, COX submitted a falsified application to the Federal Emergency Management Administration (“FEMA”) for disaster assistance. Following the August 2016 storms and flooding in Tangipahoa Parish, the application sought disaster assistance for a rental property in Robert, Louisiana that COX managed. In the application, COX falsely stated that the property in Robert was the owner’s primary residence, when in fact COX rented out the property to a tenant and knew that the property’s owner had never lived there. As a result of false statements in the application, FEMA paid disaster benefits to the property’s owner, despite the property owner not qualifying for those benefits.

United States Magistrate Judge Michael B. North sentenced COX to one year of probation, a fine of $4,000, restitution of $31,361.28 to FEMA, and a mandatory special assessment of $25.

U.S. Attorney Evans praised the work of the Department of Homeland Security’s Office of Inspector General. Assistant U.S. Attorney Nicholas D. Moses is in charge of the prosecution.

NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced today, that CHRIS ROSS, age 20 from Slidell and TREJON HOWARD, age 20 from New Orleans pled guilty on September 22, 2021 to various firearm and drug charges.  Their guilty pleas stem from participation in a December 28, 2020 shootout  on the 15th floor of the Jung Hotel on Canal Street. 

Earlier this year the federal Grand Jury handed down two related Indictments charging a total of seven individuals with various violations of the Federal Gun Control Act and Federal Controlled Substances Act. ROSS and HOWARD are the first of the defendants to plead guilty in connection with these cases. Both ROSS and HOWARD pled guilty to Counts 1, 2, 3, and 4 of the Indictment pending against them.

In their the five (5) count Indictment, the grand jury charged ROSS, Tiquan EVERSON, HOWARD, and Blake BATISTE.  Count 1 charged each with conspiracy to use and carry firearms during and in relation to a drug trafficking crime and a crime of violence, in Violation of Title 18, United States Code, Section 924(o).  Count 2 charged each with attempting to commit a Hobbs Act Robbery, in violation of Title 18, United Stated Code, Section 1951.  Count 3 charged each with carrying and discharging firearms during and in relation to a drug trafficking crime and a crime of violence, in violation of Title 18, United States Code, Section 924(c)(1)(A)(iii).  Count 4 charged each  with conspiracy to possess with the intent to distribute marijuana, in violation of Title 21, United States Code, Section 841(1)(D).  Count 5 charged EVERSON with being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1).

Counts 1 and 2 carry a maximum sentence of 20 years in prison, a $250,000.00 fine, and up to 3 years supervised release. Count 3 carries a consecutive sentence of 10 years to life in prison, a $250,000.00 fine, and up to 5 years supervised release.  Count 4 carries a maximum sentence of five years in prison, a $250,000.00 fine, and at least 2 years supervised release.  Count 5 carries a maximum sentence of 10 years in prison, a $250,000.00 fine, and up to 3 years supervised release.  Both ROSS and HOWARD, individually, must pay a mandatory $100 special assessment fee for each count. 

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was investigated by the New Orleans Police Department and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant United States Attorneys Maurice Landrieu and Elizabeth Privitera are in charge of the prosecution.

 

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WASHINGTON – Diana Wilhelmsen Management Limited (DWM), a Cyprus-based company that operates several commercial vessels, was sentenced today in federal court before U.S. District Court Judge Rebecca Beach Smith in Norfolk, Virginia, after pleading guilty to violations of the Act to Prevent Pollution from Ships that had occurred on the Motor Vessel (M/V) Protefs.

DWM pleaded guilty to two felony offenses in two judicial districts – the Eastern District of Virginia and the Eastern District of Louisiana. DWM was sentenced to pay a fine of $2 million placed on probation for a period of four years, and ordered to implement a comprehensive Environmental Compliance Plan as a special condition of probation.

In pleading guilty, DWM admitted that crew members onboard the M/V Protefs, a 40,230 gross-ton, 738-foot ocean-going commercial bulk carrier, knowingly failed to record in the vessel’s oil record book the overboard discharge of oily bilge water from mid-April 2020 until before the vessel arrived in Newport News, VA, on June 10, 2020. The vessel also arrived in New Orleans, Louisiana on June 1, 2020 with a knowingly false oil record book.

DWM admitted that the crew on the vessel used an emergency de-watering system to illegally discharge oily water directly into the ocean from the vessel’s bilge holding tank, duct keel and bilge wells. Those discharges were not recorded in the oil record book as required. The Chief Engineer, Vener Dailisan, pleaded guilty to making a false statement to U.S. Coast Guard inspectors about the existence of a Sounding Log which is routinely sought by inspectors in order to ascertain the accuracy of the oil record book. Dailisan was sentenced to a fine of $3,000 and placed on probation for two years. 

“The United States will vigorously enforce laws that protect our ocean resources,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Holding shipping companies to account when wastes are unlawfully discharged overboard, and covered up through falsified documents, is vital to protecting our environment.”

“We are firmly committed to enforcing federal environmental laws and will not tolerate conduct that pollutes our water, imperils natural ecosystems, and endangers our wildlife,” said Acting U.S. Attorney Raj Parekh for the Eastern District of Virginia. “As this case demonstrates, those who contaminate our most precious natural resources by illegally dumping hazardous waste into the ocean will be held accountable, especially when they falsify their records to avoid detection.”

“The commercial shipping industry is essential to commerce in this region, but their work must ensure they do not neglect their professional and legal obligations,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Today’s announcement emphasizes that our office along with our federal partners are committed to holding accountable all parties whose criminality jeopardizes our environment and places the public and the ecosystem at risk.”

Senior Trial Attorney Kenneth Nelson of the Environment and Natural Resources Division’s Environmental Crimes Section, with the assistance of Assistant U.S. Attorney Joseph Kosky of the Eastern District of Virginia and Assistant U.S. Attorney Julia Evans of the Eastern District of Louisiana,  prosecuted the case. This prosecution is the result of an investigation by the Coast Guard Investigative Service Chesapeake Region and Coast Guard Sector Virginia.

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NEW ORLEANS – The United States Attorney’s Office for the Eastern District of Louisiana announced that on September 21, 2021, the Honorable Greg G. Guidry sentenced JUAN ARMSTEAD (“ARMSTEAD”), age 34, a resident of New Orleans, Louisiana, to 76 months imprisonment for violations of Conspiracy to Commit Bank Fraud (Count 1) and the Federal Gun Control Act (Count 2), in violation of Title 18, United States Code, Sections 1344, 1349, and 922(g)(1).

According to court documents, law enforcement identified ARMSTEAD as a member of a group of individuals who recruited homeless people and others to cash counterfeit checks at various financial institutions, primarily in Jefferson Parish, Louisiana.  The checking account information was derived from checks stolen from United States Postal Service mail, primarily in Plaquemines Parish, Louisiana.  ARMSTEAD and his co-conspirators convinced the homeless people to submit counterfeit and forged checks at the financial institutions.  The homeless people were allowed to keep a portion of the negotiated check proceeds for themselves.

On January 31, 2019, federal law enforcement officers arrested ARMSTEAD pursuant to a federal search warrant.  During their search, law enforcement located a Palmetto State Armory rifle Model PA-15.  In April 2015, the federal government convicted ARMSTEAD of a felony offense and he is prohibited from possessing firearms.

For Counts 1 and 2, the Court sentenced ARMSTEAD to 76 months imprisonment for each count to be served concurrently.  Upon his release from federal prison, ARMSTEAD faces supervised release terms of 3 years to be served concurrently.  ARMSTEAD must also pay $200 in mandatory special assessment fees.  While the Court did not impose any fines, ARMSTEAD must pay $80,132.32 in restitution.

The United States Attorney’s Office for the Eastern District of Louisiana praised the work of the United States Secret Service, the Jefferson Parish Sheriff’s Office, and the Saint Tammany Parish Sheriff’s Office for their work in investigating this case.  The case is being prosecuted by United States Attorney Duane A. Evans.

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NEW ORLEANS, LOUISIANA – TYRIK SCOTT, age 21, a resident of Violet, Louisiana, was sentenced on September 21. 2021 by the Honorable Susie Morgan, announced U.S. Attorney Duane A. Evans. SCOTT was sentenced to time served, 3 years of supervised release, and a $100 special assessment. The defendant was also ordered to pay $39,324 in restitution.

According to court records, on or about February 5, 2020, SCOTT and others attempted to break into an ATM located in the drive-through of a Capital One Bank using sledgehammers, crowbars, chains, and a truck. Just prior to this robbery attempt, SCOTT and others were observed in the same truck attempting to break into an ATM at Hancock Whitney Bank. 

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter.  The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Chief of the General Crimes Unit.  

 

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NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced today that DONTE MOORE, age 23, was sentenced on September 21, 2021 by U.S. District Court Judge Susie Morgan, to 97 months imprisonment.  On May 18, 2021, MOORE pled guilty to a Superseding Bill of Information charging him in Count One with Carjacking, a violation of 18 U.S.C. § 2119(1), and in Count Two with Using and Carrying a Firearm in Furtherance of a Crime of Violence, a violation of 18 U.S.C. § 924(c)(1)(A)(i). 

Judge Morgan sentenced MOORE to 37 months imprisonment as to Count One and to 60 months as to Count Two.  The sentence for Count Two must run consecutively to Count One.  MOORE also received 3 years supervised release for Count One, and five years supervised release as to Count Two, which will run concurrently.  Supervised release commences after MOORE is released from custody.  MOORE must also pay $200 in mandatory special assessment fees.  Restitution will be determined by the Court at a later date.        

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jefferson Parish Sheriff’s Office, and the New Orleans Police Department.  It was prosecuted by Assistant United States Attorney Liz Privitera of the Violent Crime Unit. 

 

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NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that ANNICE FALKINS, age 35, a resident of New Orleans, Louisiana, pled guilty on August 24, 2021 to laundering more than $118,000 of her partner’s heroin proceeds by purchasing a home in New Orleans East that they then shared. FALKINS is facing up to 10 years’ imprisonment, a possible fine of up to $250,000 and at least three years of supervised release upon her release from prison for violating Title 18, United States Code, Section 1957(a).

FALKINS’ partner, Arthur Johnson, is a heroin dealer. Johnson pled guilty to conspiring to distribute more than 1 kilogram of heroin and agreed to forfeit six pieces of diamond encrusted jewelry, including a Rolex watch, purchased with drug proceeds. According to court records, on April 6, 2016, FALKINS purchased a home in New Orleans, with 14 cashier checks, all for less than $10,000. These 14 cashier checks totaled approximately $118,226.51. FALKINS purchased these cashier checks with funds that she knew Johnson had earned from selling heroin. FALKINS bought these cashier checks and then used them on April 6, 2016, with the intent to advance Johnson’s heroin activities. FALKINS also conduced these transactions – the purchase of the cashier checks and the New Orleans property – in a knowing effort to conceal the nature, location, source, ownership, and control of some of the proceeds of Johnson’s heroin selling activities and to evade reporting requirements under federal and state law.

Pursuant to her guilty plea, FALKINS agreed to forfeit to the United States a 2017 Mercedes Benz and real estate property in Davenport, Florida, which she bought after Johnson was arrested. The Mercedes and the Florida home were purchased with profits from Johnson’s heroin sales.

According to court records, on December 27, 2017, agents intercepted communications between Johnson and Ricky Redd, a Chicago-based drug courier. In these communications, Johnson and Redd discussed a pending delivery of heroin. Redd was driving that day from Chicago to New Orleans to give Johnson a bag containing approximately three kilograms of heroin. 

Later that same day, surveillance agents observed Johnson and Redd twice meet at a Holiday Inn Hotel in New Orleans. During the first meeting, Redd gave Johnson a red bag containing approximately three kilograms of heroin. During the second meeting, Johnson gave Redd approximately $187,000. Redd was to earn a small amount of the money that Johnson paid him.

The next day, December 28, 2017, agents conducted a traffic stop of Johnson and FALKINS.  Johnson was placed under arrest and agents seized three brick chucks of heroin and eleven bags of heroin, totaling 1.3 kilograms, from FALKINS and Johnson’s home in New Orleans East. Agents also seized from their residence a digital scale, six cell phones, over $11,000 in cash, a money counter, a kilogram press, two sealed GNC Inositol bottles, often used as “cutting agents” to dilute heroin, numerous items of jewelry, including diamond-encrusted necklaces and a diamond-encrusted Rolex watch, and numerous shipping labels with FALKINS’ name and the New Orleans property address on boxes that contained plastic bags, electrical tape, and coffee grinds used to conceal narcotics.

U.S. District Judge Susie Morgan will sentence FALKINS and Johnson on December 1, 2021.  U.S. Attorney Evans praised the work of the FBI’s New Orleans Gang Task Force in investigating this matter. Assistant United States Attorneys David Howard Sinkman and Brandon Long are in charge of the prosecution.

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A federal court in the U.S. District Court for the Eastern District of Louisiana has permanently enjoined two New Orleans-area tax return preparers from preparing returns for others and from owning, operating, or franchising any tax return preparation business in the future.

The court entered judgment against Mario Alexander by default; defendant Leroi Jackson consented to entry of the injunction against him. The terms of the orders require that Alexander and Jackson, both individually and doing business as The Taxman Financial Services, send notices of the injunction to each person for whom they prepared federal tax returns and post the injunctions in places where they conduct business, including social media accounts and websites. The orders also provide that the United States may conduct post-judgment discovery to monitor compliance.

The civil complaint filed against Alexander and Jackson alleged that they prepared tax returns claiming fabricated business income and expenses, as well as claiming various false tax deductions and credits, including charitable contributions and education credits. It also alleged that defendants fabricated business income and/or expenses in order to increase claims for earned income tax credits. According to the complaint, Alexander and Jackson significantly underreported their customers’ tax liabilities, obtained fraudulent tax refunds, and charged exorbitant fees for their services, often without their customers’ knowledge.

Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers.  The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

NEW ORLEANS - The Department of Justice established the National Center for Disaster Fraud (NCDF) in the wake of Hurricane Katrina, when billions of dollars in federal disaster relief poured into the Gulf Coast region, creating opportunities for criminal exploitation during this stressed time.  The NCDF, a national coordinating agency within the Department of Justice, is designed to facilitate the detection, prevention, investigation, and prosecution of arising out of natural and man-made disasters.  The NCDF operates a call center at Louisiana State University in Baton Rouge to process disaster fraud complaints, provide relevant information and advocate for victims of such fraud.  More than 20 federal, state, and local agencies participate in the NCDF, thus enabling efficient complaint referrals to the appropriate agency.

Locally, Hurricane Ida caused severe damage to communities from Southeast Louisiana, through the Tennessee River Valley, and ultimately reached those along the Eastern Seaboard.  With the inevitable occurrence of natural and man-made disasters and the devastation to lives and property they bring, criminals are poised to strike helpless victims at their most vulnerable and desperate.

Examples of criminality reported to the NCDF and law enforcement include:

• Impersonation of federal law enforcement officials
• Identity theft
• Fraudulent submission of claims to insurance companies and the federal government
• Fraudulent activity related to solicitations for donations and charitable giving
• Fraudulent activity related to individuals and organizations promising high investment returns from profits from recovery and cleanup efforts
• Price gouging
• Contractor Fraud
• Debris removal fraud; and
• Theft, looting, and other violent crime.

Members of the public must be wary and verify the legitimacy of anyone claiming to work on behalf of disaster victims. Exercise caution before providing personal identifying or financial information to anyone, in the wake of a disaster.  Solicitations can originate from e-mails, websites, door-to-door collections, mailings and telephone calls, and similar methods. 

If you suspect fraud, waste, abuse, or mismanagement involving disaster relief operations, or believe you have been the victim of fraud from any source soliciting relief funds on behalf of disaster victims, please contact the National Disaster Fraud Hotline toll free at (866) 720-5721.   The telephone line is staffed by live operators 24 hours a day, seven days a week. Complaints may also be filed online at http://www.justice.gov/DisasterComplaintForm.   Learn more about the NCDF at www.justice.gov/disaster-fraud. Tips for the public on how to avoid being victimized of fraud are at https://www.justice.gov/opa/pr/tips-avoiding-fraudulent-charitable-contribution-schemes.

 

NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that ERISTON WILSON (“WILSON”), age 28, of New Orleans, Louisiana was sentenced to imprisonment on September 15, 2021 by U.S. District Court Judge Lance M. Africk for charges relating to eight armed robberies of gas stations and convenience stores.

WILSON committed armed robberies of three Shell Gas Stations on General de Gaulle Drive and multiple convenience stores on the West Bank and in the Seventh Ward.  He brandished a firearm and wore blue gloves in the robberies.

In August of 2019, WILSON was charged with one count of conspiracy to commit Hobbs Act robbery and one count of brandishing a firearm during and in relation to a crime of violence.

WILSON was found guilty by a jury in December 2019 on both counts.

Judge Africk sentenced WILSON to 272 months in the Bureau of Prisons, 60 months of supervised release, and $200 in mandatory special assessment fees.

The U.S. Attorney's Office praised the work of the Federal Bureau of Investigation. The prosecution of the case was conducted by Assistant U.S. Attorneys Kathryn McHugh and Greg Kennedy.

WASHINGTON - A federal grand jury in New Orleans, Louisiana, returned an indictment on August 26, 2021 charging a Louisiana physician for his role in distributing over 1,200,000 doses of Schedule II controlled substances, including oxycodone and morphine, outside the scope of professional practice and not for a legitimate medical purpose, and for maintaining his clinic for the purpose of illegally distributing controlled substances. Today’s indictment also charges the physician with defrauding health care benefit programs, including Medicare, Medicaid, and Blue Cross and Blue Shield of Louisiana, of more than $5,100,000, given that the opioid prescriptions were filled using health insurance benefits.

According to court documents, Adrian Dexter Talbot, M.D., 55, of Slidell, owned and operated a medical clinic located in Slidell that accepted cash payments from individuals seeking prescriptions for Schedule II controlled substances. In 2015, Talbot took a full-time job in Pineville, Louisiana, and although he was no longer physically present at the Slidell clinic, he pre-signed prescriptions to be distributed to individuals there without seeing or examining those individuals. In 2016, Talbot hired another practitioner who also pre-signed prescriptions to be distributed in the same manner at the Slidell clinic. With Talbot’s knowledge, individuals were filling their prescriptions that were issued outside the scope of professional practice and not for a legitimate medical purpose using their insurance benefits, thereby causing health care benefit programs to be fraudulently billed for filling prescriptions that were written without an appropriate patient examination or determination of medical necessity for the prescription.

Talbot is charged with one count each of conspiracy to unlawfully distribute and dispense controlled substances, maintaining a drug-involved premises and conspiracy to commit health care fraud, as well as four counts of unlawfully distributing and dispensing controlled substances. The defendant is scheduled for his initial court appearance Sept. 10 before U.S. Magistrate Judge Michael B. North of the U.S. District Court for the Eastern District of Louisiana. If convicted, he faces a maximum penalty of 10 years for conspiracy to commit health care fraud and 20 years each for all other counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Duane A. Evans for the Eastern District of Louisiana; Special Agent in Charge Douglas A. Williams Jr. of the FBI’s New Orleans Field Office; Special Agent in Charge Miranda Bennett of the Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Special Agent in Charge Jeffrey Breen for the Department of Veterans Affairs, Office of Inspector General (VA-OIG) made the announcement.

The FBI, HHS-OIG, VA-OIG, and the Louisiana Office of the Attorney General’s Medicaid Fraud Control Unit are investigating the case.

Trial Attorney Sara E. Porter of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David Howard Sinkman of the Eastern District of Louisiana are prosecuting the case.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.