Northern District of Ohio

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury sitting in Cleveland returned a six-count indictment charging Christopher Prowell, 61, of Cleveland, with committing multiple robberies throughout the Cuyahoga County area.

According to the indictment, it is alleged that on February 18, 2021, the Defendant robbed a Peoples Bank in Beachwood and a Sunoco Gas Station in Independence.  On February 28, the Defendant allegedly robbed a GetGo Gas Station in Lyndhurst and a BP Gas Station in Brooklyn.

On March 3, 2021, it is alleged that the Defendant robbed a PNC Bank in Shaker Heights and, on March 24, 2021, a Key Bank in South Euclid.  While committing the robbery at the Key Bank in South Euclid and some of the other businesses, it is alleged that the Defendant used a box cutter to threaten employees.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal records, if any, the Defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation was conducted by the FBI with the help of local police departments. This case is being prosecuted by Assistant United States Attorney Scott C. Zarzycki.

Acting U.S. Attorney Bridget M. Brennan announced that Delamon A. Marshall, 41, of Akron, Ohio, was sentenced on Thursday, June 10, 2021, to 20 years imprisonment and five years of supervised release by U.S. District Court Judge Christopher A. Boyko.  Marshall previously pleaded guilty to two counts of being a felon in possession of a firearm and ammunition and two counts of possession of a firearm with an obliterated serial number.

“Mr. Marshall’s lengthy prison sentence is a direct result of his own choices and extensive criminal history,” said Acting U.S. Attorney Bridget M. Brennan. “Despite numerous opportunities to steer away from violent criminal conduct, he chose otherwise and will now face 20 years of incarceration.”

“There is no place in our society for those who use firearms for violent, criminal purposes,” said Roland H. Herndon, Jr., Special Agent in Charge of ATF’s Columbus Field Division.  “Given Marshall’s history, and his actions in this case that resulted in the death of another person, it is appropriate that he received this lengthy sentence. ATF will continue to work with our law enforcement partners at the federal, state, and local levels to investigate and prosecute individuals who show a callous disregard for the safety of our community.”

As set out in court documents and testimony, on February 22 and March 17, 2017, on two separate occasions, Marshall, a convicted felon, possessed a firearm with ammunition and an obliterated serial number.  Marshall is prohibited from possessing a firearm due to prior convictions for bank robbery and domestic violence.

On February 22, 2017, Marshall was pulled over in a vehicle by police officers with the Akron Police Department.  During the traffic stop, Marshall was arrested for driving under a license suspension and advised officers that he was in possession a firearm and was a previously convicted felon.  Officers searched the vehicle and located a Glock 9mm pistol in the center console.  The firearm contained ammunition and an obliterated serial number.

On March 17, 2017, Marshall was in a confrontation with another individual in the Akron area.  Marshall and the other individual exchanged gunfire and each sustained gunshot wounds.  The other individual was pronounced deceased at the scene. After investigating the incident, officers determined that both individuals were carrying a firearm and Marshall was in possession of Ruger 9mm pistol with an obliterated serial number.

Marshall has a lengthy criminal history with numerous convictions for drug abuse, domestic violence and firearms offenses.   Marshall’s criminal history qualifies him to be classified as an armed career criminal according to federal law and federal sentencing guidelines.

This investigation was conducted by members of the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshals Service, Copley Police Department, Akron Police Department, Youngstown Police Department, Bureau of Criminal Investigation for the Ohio Attorney General and the Summit County Coroner’s Office. This case was prosecuted by Assistant United States Attorney Damoun Delaviz.

 

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a one-count indictment on May 27, 2021, charging Daniel Devaty, 49, of Elyria, Ohio, with influencing a federal official by threatening a family member. 

According to the affidavit in support of the criminal complaint, on March 24, 2021, it is alleged that the Defendant sent a text message to the government-issued cell phone of a Department of  Veterans Affairs (VA) Social Worker threatening to kill his daughters.  Law enforcement officials with the Department of Veterans Affairs, Office of Inspector General (OIG) investigated the alleged threat and determined that the VA social worker previously worked with the Defendant on a HUD-VA program that offered support services to homeless Veterans and their families to help find and sustain permeant housing.

According to the affidavit, the Defendant was admitted to the HUD-VA program in March of 2014 and was removed in January of 2021 after numerous complaints of physical threats and public intoxication.  The Defendant stated to law enforcement investigators that he sent the threatening text message to the cell phone of the VA social worker and a non-threatening message to another social worker after learning of his removal from the program.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This investigation was conducted by the Department of Veterans Affairs, Office of Inspector General (OIG) and the Cleveland VA Medical Center (VAMC) Police Department.  This case is being prosecuted by Assistant U.S. Attorney Bryson Gillard.

A Latvian national was arraigned in federal court in Cleveland, Ohio, today on multiple charges stemming from her alleged role in a transnational cybercrime organization responsible for creating and deploying a computer banking trojan and ransomware suite of malware known as “Trickbot.” 

Alla Witte, aka Max, 55, is charged in 19 counts of a 47-count indictment, which accuses her of participating in a criminal organization referred to as the “Trickbot Group,” which deployed the Trickbot malware.  The Trickbot Group operated in Russia, Belarus, Ukraine, and Suriname, and primarily targeted victim computers belonging to businesses, entities, and individuals, including those in the Northern District of Ohio and elsewhere in the United States. Targets included hospitals, schools, public utilities, and governments. Witte, who previously resided in Paramaribo, Suriname, was arrested on Feb. 6, in Miami, Florida.

“This indictment demonstrates the strategic approach and broad reach of the Department of Justice’s Ransomware and Digital Extortion Task Force,” said Deputy Attorney General Lisa O. Monaco. “Trickbot infected millions of victim computers worldwide and was used to harvest banking credentials and deliver ransomware.  The defendant is accused of working with others in the transnational criminal organization to develop and deploy a digital suite of malware tools used to target businesses and individuals all over the world for theft and ransom.  These charges serve as a warning to would-be cybercriminals that the Department of Justice, through the Ransomware and Digital Extortion Task Force and alongside our partners, will use all the tools at our disposal to disrupt the cybercriminal ecosystem.”

“The Trickbot malware was designed to steal the personal and financial information of millions of people around the world, thereby causing extensive financial harm and inflicting significant damage to critical infrastructure within the United States and abroad,” said Acting U.S. Attorney Bridget M. Brennan of the Northern District of Ohio.  “Federal law enforcement, along with assistance provided by international partners, continue to fight and disrupt ransomware and malware where feasible. We are united in our efforts to hold transnational hackers accountable for their actions.” 

“Witte and her associates are accused of infecting tens of millions of computers worldwide, in an effort to steal financial information to ultimately siphon off millions of dollars through compromised computer systems,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office.  “Cyber intrusions and malware infections take significant time, expertise, and investigative effort, but the FBI will ensure these hackers are held accountable, no matter where they reside or how anonymous they think they are.”

The indictment alleges that beginning in November of 2015, Witte and others stole money and confidential information from unsuspecting victims, including businesses and their financial institutions in the United States, United Kingdom, Australia, Belgium, Canada, Germany, India, Italy, Mexico, Spain, and Russia through the use of the Trickbot malware.

Witte and her co-conspirators allegedly worked together to infect victim computers with the Trickbot malware designed to capture online banking login credentials and harvest other personal information, including credit card numbers, emails, passwords, dates of birth, social security numbers and addresses.  Witte and others also allegedly captured login credentials and other stolen personal information to gain access to online bank accounts, execute unauthorized electronic funds transfers and launder the money through U.S. and foreign beneficiary accounts.

According to the indictment, Witte worked as a malware developer for the Trickbot Group and wrote code related to the control, deployment, and payments of ransomware.  The ransomware informed victims that their computer was encrypted and that they would need to purchase special software through a Bitcoin address controlled by the Trickbot Group to decrypt their files.  In addition, Witte allegedly provided code to the Trickbot Group that monitored and tracked authorized users of the malware and developed tools and protocols to store stolen login credentials.

Witte is charged with one count of conspiracy to commit computer fraud and aggravated identity theft; one count of conspiracy to commit wire and bank fraud affecting a financial institution; eight counts of bank fraud affecting a financial institution; eight counts of aggravated identity theft and one count of conspiracy to commit money laundering.  The defendant was arraigned before U.S. Magistrate Judge William H. Baughman, Jr. of the U.S. District Court for the Northern District of Ohio.  If convicted, she faces a maximum penalty of five years in prison for conspiracy to commit computer fraud and aggravated identity theft; 30 years in prison for conspiracy to commit wire and bank fraud; 30 years in prison for each substantive bank fraud count; a two-year mandatory sentence for each aggravated identity theft count, which must be served consecutively to any other sentence; and 20 years in prison for conspiracy to commit money laundering. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Cleveland Office investigated the case.

Senior Counsel C.S. Heath of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Daniel J. Riedl and Duncan T. Brown of the Northern District of Ohio are prosecuting the case.

This case is part of the Department of Justice’s Ransomware and Digital Extortion Task Force, which was created to combat the growing number of ransomware and digital extortion attacks.  As part of the Task Force, the Criminal Division, working with the U.S. Attorneys’ Offices, prioritizes the disruption, investigation, and prosecution of ransomware and digital extortion activity by tracking and dismantling the development and deployment of malware, identifying the cybercriminals responsible, and holding those individuals accountable for their crimes.  The department, through the Task Force, also strategically targets the ransomware criminal ecosystem as a whole and collaborates with domestic and foreign government agencies as well as private sector partners to combat this significant criminal threat. 

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

A Latvian national was arraigned in federal court in Cleveland, Ohio, today on multiple charges stemming from her alleged role in a transnational cybercrime organization responsible for creating and deploying a computer banking trojan and ransomware suite of malware known as “Trickbot.” 

Alla Witte, aka Max, 55, is charged in 19 counts of a 47-count indictment, which accuses her of participating in a criminal organization referred to as the “Trickbot Group,” which deployed the Trickbot malware. The Trickbot Group operated in Russia, Belarus, Ukraine, and Suriname, and primarily targeted victim computers belonging to businesses, entities, and individuals, including those in the Northern District of Ohio and elsewhere in the United States. Targets included hospitals, schools, public utilities, and governments. Witte, who previously resided in Paramaribo, Suriname, was arrested on Feb. 6, in Miami, Florida.

“This indictment demonstrates the broad reach of the Department of Justice’s Ransomware and Digital Extortion Task Force,” said Deputy Attorney General Lisa O. Monaco. “Trickbot infected millions of victim computers worldwide and was used to harvest banking credentials and deliver ransomware. The defendant is accused of working with others in the transnational criminal organization to develop and deploy a digital suite of malware tools used to target businesses and individuals all over the world for theft and ransom. These charges serve as a warning to would-be cybercriminals that the Department of Justice, through the Ransomware and Digital Extortion Task Force and alongside our partners, will use all the tools at our disposal to disrupt the cybercriminal ecosystem.”

“The Trickbot malware was designed to steal the personal and financial information of millions of people around the world, thereby causing extensive financial harm and inflicting significant damage to critical infrastructure within the United States and abroad,” said Acting U.S. Attorney Bridget M. Brennan of the Northern District of Ohio. “Federal law enforcement, along with assistance provided by international partners, continue to fight and disrupt ransomware and malware where feasible. We are united in our efforts to hold transnational hackers accountable for their actions.” 

“Witte and her associates are accused of infecting tens of millions of computers worldwide, in an effort to steal financial information to ultimately siphon off millions of dollars through compromised computer systems,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Cyber intrusions and malware infections take significant time, expertise, and investigative effort, but the FBI will ensure these hackers are held accountable, no matter where they reside or how anonymous they think they are.”

The indictment alleges that beginning in November 2015, Witte and others stole money and confidential information from unsuspecting victims, including businesses and their financial institutions in the United States, United Kingdom, Australia, Belgium, Canada, Germany, India, Italy, Mexico, Spain, and Russia through the use of the Trickbot malware.

Witte and her co-conspirators allegedly worked together to infect victim computers with the Trickbot malware designed to capture online banking login credentials and harvest other personal information, including credit card numbers, emails, passwords, dates of birth, social security numbers and addresses. Witte and others also allegedly captured login credentials and other stolen personal information to gain access to online bank accounts, execute unauthorized electronic funds transfers and launder the money through U.S. and foreign beneficiary accounts.

According to the indictment, Witte worked as a malware developer for the Trickbot Group and wrote code related to the control, deployment, and payments of ransomware. The ransomware informed victims that their computer was encrypted, and that they would need to purchase special software through a Bitcoin address controlled by the Trickbot Group to decrypt their files. In addition, Witte allegedly provided code to the Trickbot Group that monitored and tracked authorized users of the malware and developed tools and protocols to store stolen login credentials.

Witte is charged with one count of conspiracy to commit computer fraud and aggravated identity theft; one count of conspiracy to commit wire and bank fraud affecting a financial institution; eight counts of bank fraud affecting a financial institution; eight counts of aggravated identity theft and one count of conspiracy to commit money laundering. The defendant was arraigned before U.S. Magistrate Judge William H. Baughman Jr. of the U.S. District Court for the Northern District of Ohio. If convicted, she faces a maximum penalty of five years in prison for conspiracy to commit computer fraud and aggravated identity theft; 30 years in prison for conspiracy to commit wire and bank fraud; 30 years in prison for each substantive bank fraud count; a two-year mandatory sentence for each aggravated identity theft count, which must be served consecutively to any other sentence; and 20 years in prison for conspiracy to commit money laundering. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Cleveland Office investigated the case.

Senior Counsel C.S. Heath of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Daniel J. Riedl and Duncan T. Brown of the Northern District of Ohio are prosecuting the case.

This case is part of the Department of Justice’s Ransomware and Digital Extortion Task Force, which was created to combat the growing number of ransomware and digital extortion attacks. As part of the Task Force, the Criminal Division, working with the U.S. Attorneys’ Offices, prioritizes the disruption, investigation, and prosecution of ransomware and digital extortion activity by tracking and dismantling the development and deployment of malware, identifying the cybercriminals responsible, and holding those individuals accountable for their crimes. The department, through the Task Force, also strategically targets the ransomware criminal ecosystem as a whole and collaborates with domestic and foreign government agencies as well as private sector partners to combat this significant criminal threat. 

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

Acting U.S. Attorney Bridget M. Brennan announced that Ronald Mickel, 41, of Lorain, was sentenced on Wednesday, June 2, 2021, by U.S. District Court Judge Sara Lioi to 15 years imprisonment.  A federal jury convicted Mickel of being a felon in possession of ammunition in September 2020.

According to court documents and evidence presented at trial, on January 4, 2019, Mickel was sentenced to 3 years of community control supervision following a conviction for domestic violence in the Lorain County Common Pleas Court.  In November of 2019, Parole Officers with Ohio Adult Parole Authority (APA) received reliable information that Mickel was in possession of a firearm.  On November 21, 2019, Mickel tested positive for THC, a violation of the conditions of his supervision.

As a result of these developments, on November 26, 2019, APA Parole Officers conducted a search at the residence belonging to Mickel and located in the 32 rounds of 9mm ammunition and 16 grams of suspected marijuana.  Mickel was arrested and charged with one count of felon in possession of ammunition.

Prior to his arrest on November 26, 2019, Mickel had several convictions for other violent crimes. In 1999, Mickel was convicted of aggravated robbery.  In 2013, Mickel was convicted of assault and in 2015, Mickel was convicted on three separate occasions of felony domestic violence and once of burglary.  Finally, in 2019, Mickel was once again convicted of felony domestic violence. 

This investigation was conducted by the ATF and Ohio Adult Parole Authority.  This case was prosecuted by Assistant U.S. Attorneys John C. Hanley and Bryson Gillard.

Acting U.S. Attorney Bridget M. Brennan announced that Albert Aiad-Toss, 53, of Canfield, was sentenced today by U.S. District Court Judge Pamela A. Barker to 22 years of imprisonment, lifetime supervised release, a $50,000 fine and a special assessment of $40,800.  Aiad-Toss, a Youngstown-area physician at the time of the offense conduct, previously pleaded guilty to seven counts of sex trafficking of a minor and one count of child exploitation.  This case is the District’s largest juvenile sex trafficking prosecution to date.

“Juvenile sex traffickers like Aiad-Toss prey upon our most important resource – our children,” said Acting U.S. Attorney Bridget M. Brennan.  “Through the collaborative efforts of the Ashland Police Department, the Federal Bureau of Investigation, the Ashland County Prosecutor’s Office and our office, law enforcement has once again demonstrated our unwavering commitment to holding traffickers accountable and protecting our children.  The young victims in this case bravely and courageously shared their experiences and certainly prevented other young girls from being similarly victimized.”

“The sentence today is the culmination of months of hard work by multiple law enforcement agencies to bring this offender to justice,” said Christopher Tunnell, Ashland County Prosecutor and Special Assistant U.S. Attorney.  “We are sending a unified message to anyone perpetrating crimes against our children that no matter who you are, we will bring every resource at our disposal to bear upon you, and you will be made to answer for your crimes.”  

"The abuse of a child is both despicable and incomprehensible," said FBI Special Agent in Charge Eric B. Smith. "Aiad-Toss, using his position of trust, admitted to engaging in sexual acts with minors. As a result, Aiad-Toss will be serving a significant and just sentence in federal prison. Law enforcement will continue our unceasing efforts to protect our most precious resource, our children."

As set out in court documents, between June 1, 2019, and June 29, 2019, Aiad-Toss used the online application Snapchat to entice, recruit and patronize six minor female victims, all between the ages of 12 and 15, to engage in sexual conduct with him by providing them with money, alcohol, new clothes and other items of value.  He specifically budgeted $2,000 per month to be spent on obtaining young girls for sexual exploitation. 

To avoid detection, Aiad-Toss targeted young girls in Ashland County, which was approximately 90 miles away from his home in Youngstown, to avoid being seen by anyone he knew.  To further avoid detection, he typically arranged for the girls to enter hotel rooms through a side door rather than through the main entrance. 

Many of Aiad-Toss’ encounters involved more than one of the juvenile victims meeting him in a hotel room at the same time.  On June 15, 2019, surveillance video obtained by investigators show Aiad-Toss inside a hotel with three juvenile victims.  Additionally, investigators located an image taken on June 17, 2019, depicting Aiad-Toss in a vehicle with three juvenile victims. 

Aiad-Toss’ conduct also included the exploitation of another child by using Snapchat to entice and receive sexually explicit images and videos.

Aiad-Toss was arrested on July 5, 2019.

This case was investigated by the Federal Bureau of Investigation and the Ashland Police Department. This case was prosecuted by Assistant U.S. Attorney Ranya Elzein, Acting U.S. Attorney Bridget M. Brennan and with the assistance of Ashland County Prosecutor and Special Assistant U.S. Attorney Christopher Tunnell. 

Acting U.S. Attorney Bridget M. Brennan announced that Rufus Taylor, 62, was sentenced today by U.S. District Court Judge Christopher A. Boyko to 21 months imprisonment, one year of supervised release and ordered to pay a $5,000 fine.  Taylor, the former head of the city of Cleveland’s Demolition Department, pleaded guilty to bribery in federally funded programs and extortion under color of official right in September of 2018.

According to court documents, from 2012 through 2017, Taylor was employed by the City of Cleveland as Chief of the Demolition Bureau.  Among other duties, Taylor was responsible for assigning “board-up” of vacant properties to contractors, emergency demolition jobs and conducting inspections, which had to take place before a contractor could receive payment.

From November of 2013 through September of 2017, court documents state that Taylor received and solicited cash bribes from Contractor 1 and Contractor 2 in exchange for preferential treatment and advantageous information on city of Cleveland demolition projects. 

On or about November 2, 2013, through September 1, 2017, Taylor received cash payments from Contractor 1 in return for assistance placing Contractor 1 on the city of Cleveland bid list for a demolition job.  Taylor also sought payment from Contractor 1 in return for notification of an emergency demolition job.  At various other times between November 2013 and November 2015, Contractor 1 provided Taylor with cash payments.

Additionally, from August of 2015 through July of 2016, Taylor received cash payments from Contractor 2 in return for a list of companies bidding on a demolition job, information concerning the then-current lowest bids for the job and a list of bid numbers for another pending demolition job. 

This case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development’s Office of Inspector General and the Internal Revenue Service – Criminal Investigations.  This case was prosecuted by Assistant U.S. Attorneys Chelsea Rice and Elliot Morrison.

Acting U.S. Attorney Bridget M. Brennan announced that a 52-count federal indictment was unsealed today charging Fouad Saeed Abdulkadir, 42, of Parma, Ohio, with devising and enacting a scheme to defraud the State of Ohio and steal public funds.

The Defendant is charged with various counts of wire fraud, aggravated identity theft and theft of public money.

According to the indictment, from on or about November 22, 2016, to on or about December 7, 2018, the Defendant is accused of orchestrating a scheme to defraud the state of Ohio by submitting fraudulent applications and receiving funding for employment and income assistance while gainfully employed.

The indictment states that the Defendant was employed at a religious center located in Parma, Ohio.  As part of his employment, the Defendant was paid a yearly salary, provided health insurance and received performance and seniority-based bonuses and incentives.

According to the indictment, around October of 2016, the Defendant submitted a fraudulent application for participation in the Ohio Department of Job and Family Services (ODJFS) Ohio Works First (OWF) program by falsely listing his income as “0” in order to qualify for employment and income assistance.  The OWF program is a federally funded initiative.

From November 22, 2016, to on or about December 7, 2018, the indictment alleges that the Defendant filed monthly ODJFS OWF program forms claiming that he worked in a volunteer capacity for the religious center.  It is alleged that on every form submitted to the program, the Defendant listed fictitious volunteer work hours while receiving payment for these hours from the religious center.  It is also alleged that on each of these forms, the Defendant used a forged or fraudulent signature of a person he claimed to be his volunteer supervisor.

As a result of these fraudulent submissions, the indictment alleges that the Defendant illicitly obtained more than $15,000 in federal funds through the OWF program.

In addition, the indictment alleges that from on or about July 2016, through on or about July 2019, the Defendant fraudulently applied for and received approximately $41,559.24 in Medicaid benefits and approximately $23,599 in Supplemental Nutrition Assistance Program (SNAP) benefits.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This investigation was conducted by the FBI, CBP and Parma Police Department.  This case is being prosecuted by Assistant U.S. Attorney Duncan T. Brown.  

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a twenty-four-count indictment charging four individuals for their roles in health care fraud conspiracy that billed more than $20 million in false claims to the Medicare program.

Named in the indictment are Thomas MOX, 53, of Grove City, Ohio; Ryan CASADY, 49, of Uniontown, Ohio; Elizabeth BALJAK, 35, of Pataskala, Ohio and Megan ILG, 53, of Grafton, Ohio.

MOX, CASADY, BALJAK and ILG are all charged with conspiracy to commit health care fraud.  In addition, defendants BALJAK and ILG are charged with false statements relating to health care matters.  Defendants MOX and CASADY are charged with additional counts of health care fraud and offer and payment of kickbacks in connection with a federal health care program.

Defendant MOX owned and operated a medical marketing company in Grove City, and a durable medical equipment company in Columbus.  Defendant CASADY owned and operated separate durable medical equipment companies located in Uniontown.  Defendants BALJAK and ILG were nurse practitioners, licensed and certified by the State of Ohio.

According to the indictment, from on or about March 2, 2018, to on or about September 9, 2019, the Defendants are accused of conspiring together to defraud Medicare by obtaining payment for unnecessary medical claims.  

BALJAK and ILG, while working for telemedicine companies, are accused of signing prescriptions for medical braces regardless of medical necessity, without a physical examination and frequently without any contact with the beneficiary whatsoever.

It is alleged that these telemedicine companies would then transfer the prescriptions to medical marketing companies, including one owned by MOX, who would then use them as part of an unlawful package of Medicare beneficiary leads sold to durable medical equipment companies.  CASADY and others are accused of providing bribes and kickbacks to MOX in exchange for the leads packages, which they would then use to arrange for the ordering of the medical braces for beneficiaries.  

In total, the Defendants are accused of billing more than $20 million worth of false claims to Medicare.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This investigation was conducted by the Federal Bureau of Investigation, and the Department of Health and Human Services, Office of Inspector General. This case is being prosecuted by Assistant U.S. Attorney Justin Seabury Gould.

Acting U.S. Attorney Bridget M. Brennan announced that eleven additional defendants were charged in a 77-count superseding indictment for their roles in a scheme to defraud Medicaid through fraudulent billing practices. Ten Defendants, including the company, were previously charged in an indictment announced in November of 2020.

Named in the November 2020 indictment were Eye for Change Youth and Family Services, Inc., Alfonzo D. BAILEY, 38, Sandra WILSON, age 52, Tremayne KELLOM, 41, all of Cleveland; David BROWN, 39, of Maple Heights; Valerie WHITE, age 51, of Columbus; Cheria OLIVER, age 31, of Canal Winchester; Charchee TUCKER, age 43, of Warrensville Heights; Allen STEELE, age 38, of Parma and Kamelah GANAWAY, age 43, of Macedonia.

Named in the superseding indictment unsealed today are Luray BAKER, 24, of Euclid; Quiana BELL 41, of Maple Heights; Larvell FELLOWS, 44, of Cuyahoga Falls; Timothy GORHAM, 41, of Cleveland Heights; Donald HENDERSON, 39, of Bedford; Eric KING, 33, of Cleveland; Brandi LITTLE, 37, of Twinsburg; Chelsea TARVER, 32, of North Ridgeville; Mitchell TOWNSEND, 38, of Garfield Heights; Nyshia WARE, 28, of Akron and Lesia NIAMKE, 48, of Sagamore Hills.

The Defendants are charged with various counts of conspiracy to commit health care fraud, health care fraud, making a false statement relating to health care matters, conspiracy to commit money laundering and money laundering.

According to the indictment, from February 2017 through September 2020, the Defendants are accused of engaging in a conspiracy to defraud Medicaid.  In order to carry out the conspiracy, the indictment states that the Defendants would submit billings to Medicaid for services that were never performed and without proper treatment plans or evaluations.

In addition, the Defendants are accused of directing employees to misdiagnose Medicaid beneficiaries to receive authorization from the Ohio Department of Medicaid to provide services and bill at higher rates.  Furthermore, the indictment states that some Defendants allowed employees to insert false progress notes into beneficiary records in order to create the fictitious documents needed to submit their claims.

In some instances, the Defendants are accused of allegedly paying kickbacks in the form of cash, gift cards, and rent/bill payments to Medicaid beneficiaries to obtain these beneficiaries as clients and to bill Medicaid for services never rendered.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Cleveland Division of the FBI, the Department of Health and Human Services -- Office of the Inspector General and the Ohio Attorney General’s Healthcare Fraud Section. This case is being prosecuted by Assistant U.S. Attorney Michael L. Collyer and Special Assistant U.S. Attorney Jonathan L. Metzler.

Acting U.S. Attorney Bridget M. Brennan announced that James P. Reardon, 22, of New Middletown, Ohio, pleaded guilty in federal court today to a two-count indictment charging him with transmitting a threatening communication and possession of a firearm in furtherance of a crime of violence.

According to the court documents, on August 16, 2019, New Middletown police contacted the FBI after being made aware of a video uploaded to Instagram by a user later identified as Reardon.  In the video, Reardon is seen holding an assault rifle in multiple firing positions with audio of gunshots, sirens and people screaming added into the background.

The video also had a caption that stated: “Police identified the Youngstown Jewish Family Community shooter as local white nationalist Seamus O'Rearedon."  The video is shown to be tagged at the Jewish Community Center of Youngstown.

On August 16, 2019, New Middletown police officers and members of the FBI Mahoning Violent Crimes Task Force gather to prepare to execute a search warrant at Reardon’s residence.  During this time, federal agents reviewed other videos involving Reardon, including a National Geographic documentary in which Reardon attended the "Unite the Right" rally in Charlottesville, Virginia, in August of 2017.

Later that day, law enforcement executed the search warrant at Reardon’s residence and, upon entering the basement, investigators observed several firearms and clothing articles that were observed in Reardon’s Instagram video postings, including an MP-40 submachine gun like the one depicted in the video; an AR-15 assault rifle; numerous Nazi World War II propaganda posters; a rifle bayonet and vintage U.S. military equipment.

While officers were executing the search warrant, Reardon arrived at the residence and was arrested without incident.

Reardon is scheduled to be sentenced on September 22, 2021.  A federal district court judge will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the Federal Bureau of Investigation, the Mahoning Valley Violent Crimes Task Force and the New Middletown Police Department. This case is being prosecuted by Assistant U.S. Attorney David M. Toepfer.

Acting U.S. Attorney Bridget M. Brennan announced that on Thursday, May 20, 2021, Brandon D. Hibler, 35, of California, was sentenced by U.S. Judge Donald C. Nugent to 115 months imprisonment.  Hibler pleaded guilty to possession with the intent to distribute fentanyl, possession of a firearm in furtherance of a drug tracking crime and felon in possession of a firearm in January of 2021.

According to court records, on the night of April 26, 2020, while conducting a routine patrol, an officer with the Peninsula Police Department observed a vehicle parked overnight in a parking lot area of the Cuyahoga Valley National Park.  The officer investigated the vehicle due to the park’s closure and discovered that the vehicle had been reported stolen.  At this time, additional police officers with the Richfield Police Department arrived to assist the officer.  The officers then approached the vehicle and discovered a man, later identified as Hibler, and an adult female sleeping in the rear.

Shortly thereafter, a Park Ranger with the National Park Service arrived to conduct a search of the vehicle and assist with the investigation.  During the search, the Ranger located numerous personal drug use and drug trafficking items, including digital scales, hypodermic syringe needles, a Naloxone spray cartridge, multiple fentanyl test strips and a loaded .44-caliber revolver.  An additional 9mm-caliber pistol containing Hibler’s DNA was later discovered in the area near where the vehicle was parked.

The Park Ranger then searched Hibler himself and found a plastic bag containing a substance later determined to consist of a fentanyl mixture.  After Hibler's identity was established, he told the law enforcement officers present that he believed he had an existing warrant from the state of California and that he sells heroin to make money.  Hibler is prohibited from possessing a firearm due to previous convictions for assault and child abuse in the Superior Court of California.

This investigation was conducted by the Federal Bureau of Investigation, National Park Service, Summit County Sheriff’s Office, Peninsula Police Department and Richfield Police Department.  This case was prosecuted by Assistant U.S. Attorney Damoun Delaviz.

Acting U.S. Attorney Bridget M. Brennan announced that Damon M. Joseph, aka Abdullah Ali Yusuf, 23, of Holland, Ohio, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham, aka ISIS, and attempting to commit a hate crime, for planning an attack on a synagogue in the Toledo, Ohio area.

“Damon Joseph was inspired by ISIS’ call to violence and hate," said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division.  "He planned to target innocents at a Toledo-area synagogue based on their religion and hoping that it would lead to the deaths of many and spread fear.  His actions would have been an assault on the liberties and respect for humanity we hold so dear.  We will continue to make every effort to prevent such attacks from occurring.  I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”

“The defendant’s attempt to cause significant harm to members of the Toledo, Ohio, Jewish community constitutes both a federal hate crime and an act of domestic terrorism,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Department of Justice’s Civil Rights Division will continue to vigorously investigate and prosecute individuals who use violence to attack our religious communities.”

“This investigation highlights the continued threat of violence to our communities posed by ISIS-inspired terrorists – in this case, at a place of worship. With today’s plea, we will be one step closer to seeing justice served,” said Acting Assistant Director Patrick Reddan, Jr. of the FBI’s Counterterrorism Division.  “I’m grateful for our partnerships with faith-based communities and with our law enforcement partners on the JTTF for their work on this case, which ultimately prevented this plot from becoming a tragedy.”

“Today, Damon Joseph pleaded guilty for attempting to support ISIS through violent attacks on Jewish congregants while they worshipped,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio.  “It is difficult to conceive of a more heinous plot, let alone reconcile that this plot involved violating our country's solemn obligation to protect the civil rights of every person as a means of supporting a foreign terrorist organization.  We will continue to root out and bring to justice those who support terrorists and those who seek to violate the civil rights of our families, friends and neighbors.”

“In a matter of months, Damon Joseph progressed from a self-radicalized, virtual jihadist to planning an actual attack on fellow Americans,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office.  “Mr. Joseph has now accepted responsibility for his actions.   In the name of ISIS, Joseph planned a mass-casualty attack against citizens simply wanting to attend their desired houses of worship, which were two Toledo-area synagogues.  Joseph's terroristic actions are antithetical to a just and free society, and he will serve a lengthy sentence as a result. The FBI would like to remind the public to remain vigilant so we can continue to thwart these types of threats together."

In 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.

Beginning in September 2018, Joseph engaged in a series of online conversations with several undercover FBI agents where he repeatedly stated and affirmed his support for ISIS and produced propaganda he believed was to be used for ISIS recruitment efforts.

Over the next few weeks, Joseph stated to an undercover agent that he wanted to participate in an attack on behalf of ISIS. On Dec. 2, 2018, Joseph forwarded a document to the agent that laid out his plans for such an attack on “Jews who support state of Israel.”  Joseph then stated that he did not necessarily see this as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.

On Dec. 4, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue.  Joseph identified two synagogues in the greater Toledo as potential targets and discussed the types of weapons he believed would inflict mass casualties.  Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glock handguns, and ammunition.

On Dec. 6, Joseph again met with an undercover agent to discuss his plans. Joseph stated specifically that he wanted to kill a rabbi and wrote the name and address of the synagogue where the attack was to occur and stated that he had conducted research to determine when the Jewish sabbath was so that more people would be present.

Later that day, the undercover agent told Joseph that he had purchased rifles for the attack.  The two met on Dec. 7 at a predetermined location, where Joseph took possession of a black duffel bag containing two semi-automatic rifles, which had been rendered inoperable by law enforcement officers so that they posed no danger to the public.  Joseph was then arrested.

Joseph is scheduled to be sentenced on Tuesday, September 14, 2021 and faces a maximum sentence of life in prison.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Joint Terrorism Task Force, comprised of over 50 federal, state and local law enforcement agencies, are investigating the case.

Assistant U.S. Attorneys Michelle Baeppler and Jerome Teresinski of the Northern District of Ohio and Trial Attorneys Alexandra Hughes and Joshua Champagne of the National Security Division’s Counterterrorism Section, as well as AeJean Cha of the Civil Rights Division are prosecuting the case.

WASHINGTON – Damon M. Joseph, aka Abdullah Ali Yusuf, 23, of Holland, Ohio, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham, aka ISIS, and attempting to commit a hate crime, for planning an attack on a synagogue in the Toledo, Ohio area.

“Damon Joseph was inspired by ISIS’ call to violence and hate," said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. "He planned to target innocents at a Toledo-area synagogue based on their religion and hoping that it would lead to the deaths of many and spread fear. His actions would have been an assault on the liberties and respect for humanity we hold so dear. We will continue to make every effort to prevent such attacks from occurring. I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”

“The defendant’s attempt to cause significant harm to members of the Toledo, Ohio, Jewish community constitutes both a federal hate crime and an act of domestic terrorism,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Department of Justice’s Civil Rights Division will continue to vigorously investigate and prosecute individuals who use violence to attack our religious communities.”

“This investigation highlights the continued threat of violence to our communities posed by ISIS-inspired terrorists – in this case, at a place of worship. With today’s plea, we will be one step closer to seeing justice served,” said Acting Assistant Director Patrick Reddan, Jr. of the FBI’s Counterterrorism Division. “I’m grateful for our partnerships with faith-based communities and with our law enforcement partners on the JTTF for their work on this case, which ultimately prevented this plot from becoming a tragedy.”

“Today, Damon Joseph pleaded guilty for attempting to support ISIS through violent attacks on Jewish congregants while they worshipped,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio. “It is difficult to conceive of a more heinous plot, let alone reconcile that this plot involved violating our country's solemn obligation to protect the civil rights of every person as a means of supporting a foreign terrorist organization. We will continue to root out and bring to justice those who support terrorists and those who seek to violate the civil rights of our families, friends and neighbors.”

“In a matter of months, Damon Joseph progressed from a self-radicalized, virtual jihadist to planning an actual attack on fellow Americans,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Mr. Joseph has now accepted responsibility for his actions. In the name of ISIS, Joseph planned a mass-casualty attack against citizens simply wanting to attend their desired houses of worship, which were two Toledo-area synagogues. Joseph's terroristic actions are antithetical to a just and free society, and he will serve a lengthy sentence as a result. The FBI would like to remind the public to remain vigilant so we can continue to thwart these types of threats together."

In 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.

Beginning in September 2018, Joseph engaged in a series of online conversations with several undercover FBI agents where he repeatedly stated and affirmed his support for ISIS and produced propaganda he believed was to be used for ISIS recruitment efforts.

Over the next few weeks, Joseph stated to an undercover agent that he wanted to participate in an attack on behalf of ISIS. On Dec. 2, 2018, Joseph forwarded a document to the agent that laid out his plans for such an attack on “Jews who support state of Israel.”  Joseph then stated that he did not necessarily see this as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.

On Dec. 4, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue. Joseph identified two synagogues in the greater Toledo as potential targets and discussed the types of weapons he believed would inflict mass casualties. Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glock handguns, and ammunition.

On Dec. 6, Joseph again met with an undercover agent to discuss his plans. Joseph stated specifically that he wanted to kill a rabbi and wrote the name and address of the synagogue where the attack was to occur and stated that he had conducted research to determine when the Jewish sabbath was so that more people would be present.

Later that day, the undercover agent told Joseph that he had purchased rifles for the attack. The two met on Dec. 7 at a predetermined location, where Joseph took possession of a black duffel bag containing two semi-automatic rifles, which had been rendered inoperable by law enforcement officers so that they posed no danger to the public. Joseph was then arrested.

Joseph is scheduled to be sentenced on Tuesday, September 14, 2021 at 11 a.m. and faces a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Joint Terrorism Task Force, comprised of over 50 federal, state and local law enforcement agencies, are investigating the case.

Assistant U.S. Attorneys Michelle Baeppler and Jerome Teresinski of the Northern District of Ohio and Trial Attorneys Alexandra Hughes and Joshua Champagne of the National Security Division’s Counterterrorism Section, as well as AeJean Cha of the Civil Rights Division are prosecuting the case.

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a three-count indictment on Thursday, May 13, charging Delbert Garfield Stewart, 70, of Kent, Ohio, with flying an airplane without a valid airman’s certificate.

According to court documents, on June 20, 2019, July 5, 2020 and March 8, 2021, the Defendant knowingly and willfully piloted a Bellanca Model 17-30A single-engine aircraft without a valid airman’s certificate.  Court records state that the Defendant obtained an airman certificate in 1978 and purchased the single-engine aircraft in 2010.

In February of 2014,  court records state that the Federal Aviation Administration (FAA) suspended the Defendant’s airman certificate, citing numerous FAA regulation violations.  In response to the suspension, the Defendant claimed that the FAA did not have authority over him as a private individual not engaged in commerce, according to court records.  It is alleged that the Defendant continued to operate the aircraft, despite the 2014 suspension.  Stewart’s airman certificate was later revoked.

On June 20, 2019, it is alleged that the Defendant piloted the aircraft from Portage County Regional Airport (KPOV) in Ravenna, Ohio, and landed at the Warsaw Indiana Airport (KASW) in Warsaw, Indiana.  While in Indiana, the Defendant allegedly flew the aircraft on multiple flights, with passengers on board.

On July 5, 2020, it is alleged that an FAA official and an Ohio State Trooper attempted to investigate the Defendant and the aircraft when the aircraft landed at Portage County Regional Airport (KPOV), Ravenna, Ohio.  The indictment states that the Defendant was the pilot of the aircraft, and an adult passenger was also on board.  The FAA official advised the Defendant that his airmen certificate was revoked, and the airworthiness certificate for the aircraft was also suspended.

On March 8, 2021, it is alleged that the Defendant flew from Paulding Northwest Atlanta Airport (KPUJ) in Georgia to KPOV in Ravenna, Ohio.  During this flight, it is alleged that the Defendant failed to activate the transponder for the aircraft until he was in close proximity to the KPOV airport.  As a result, the Defendant’s aircraft was unable to be tracked by the FAA until the transponder was turned on shortly before landing.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This investigation was conducted by the U.S. Department of Transportation-Office of Inspector General, Federal Aviation Administration, Department of Homeland Security, and Ohio State Highway Patrol.  This case is being prosecuted by Assistant United States Attorneys Damoun Delaviz and Brad Beeson.

Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury returned a 16-count indictment charging six individuals in the Youngstown-Warren area for their roles in a methamphetamine drug trafficking conspiracy.

Named in the indictment are Neil R. DYE, 36, currently incarcerated at Trumbull Correctional Institution; Jaclyn L. SZACHURY, 35, currently incarcerated at Ohio Reformatory for Women; Mary E. CLEARWATER, 39, of Warren, Ohio; Michael A. LEE, 29, currently incarcerated at Grafton Correctional Institute; Courtney P. WILSON, 30, of Youngstown, Ohio and Timothy M. LOWERY, 33 of Warren, Ohio.

According to the indictment, on or about July 8, 2019, and continuing to on or about December 3, 2020, the Defendants are accused of working together to distribute quantities of methamphetamine in communities throughout the Northern District of Ohio.  As part of the conspiracy, it is alleged that defendants DYE and SZACHURY provided methamphetamine to CLEAWATWER for distribution.  In turn, CLEAWATWER provided methamphetamine to LEE, WILSON and LOWERY, who then allegedly distributed the drugs to other buyers throughout the district.

On several occasions, the group is accused of selling methamphetamine to confidential FBI sources.  In total, the group is accused of distributing at least 500 grams of methamphetamine.

In addition to the drug trafficking charges, Defendant LOWERY is also charged with possessing an unregistered firearm. 

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This case was investigated by the FBI, Mahoning Valley Violent Crimes Task Force, Trumbull Action Group Drug Task Force, Warren PD Street Crimes Unit, Ohio State Highway Patrol and the Summit County Drug Unit. This case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.

Acting U.S. Attorney Bridget M. Brennan announced that on Wednesday, May 12, a federal jury found Ronald Sharp, 42, of Cleveland, Ohio, guilty of being a felon in possession of a firearm.

According to court records, in 2006, Sharp was convicted of gross sexual imposition and kidnapping with a sexually motivated specification in the Cuyahoga County Common Pleas Court.  Following his release from prison in 2015, Sharp was placed on post-release supervision with the Ohio Adult Parole Authority (APA) and was prohibited from possessing a firearm.

As part of his release from prison, Sharp agreed to certain parole conditions, including being subject to warrantless searches and obeying federal, state and local laws and ordinances.  On September 25, 2019, the supervising parole officer for Sharp became aware that Sharp may have been in violation of the terms of his release.  Sharp was then taken into custody, and his residence searched.  During the search, parole officers found a loaded, 9mm semi-automatic pistol under a bedroom pillow.  In addition, officers located a set of camouflaged body armor inside the bedroom closet.

Sharp was then transported to the Cuyahoga County jail on an active hold order for parole violations.  DNA samples from the firearm were later matched to DNA taken from Sharp.

Sharp is scheduled to be sentenced on September 1, 2021. This case was investigated by the ATF and APA.  This case was prosecuted by Assistant United States Attorneys Margaret Kane and Andrea Isabella. 

 

Acting U.S. Attorney Bridget M. Brennan announced that Darryl Borden, 43, of Cleveland, Ohio, pleaded guilty in federal court today to being a felon in possession of a firearm after Borden shot a Cleveland Police Officer responding to a call for help last July.

“Borden ambushed two Cleveland Police Officers who were simply trying to do their job and assist a member of the community,” said Acting U.S. Attorney Bridget M. Brennan.  “During Police Week, a time where we celebrate the accomplishments of law enforcement and remember those who made the ultimate sacrifice, it is important to remember that situations like this are all too common, and our police officers and other law enforcement regularly risk their lives to protect and assist the communities they serve.”

“We cannot tolerate individuals who commit violent acts against either members of our community or first responders coming to their aid,” stated Roland H. Herndon, Jr., Special Agent in Charge of ATF’s Columbus Field Division.  “The Defendant’s criminal history already prohibited him from possessing a firearm, and he showed that he learned nothing from his previous brushes with the legal system.  His guilty plea ensures that he will not be a further threat to the safety of our community for quite some time.  The men and women of ATF’s Columbus Field Division commend the officers involved on their handling of this confrontation and trust the injured officer is making a full recovery.”

According to court records, on July 20, 2020, Cleveland Police Officers responded to a residence after a woman called police, stating that Borden was threatening her with a gun.  Officers met the woman outside of the home and were told that Borden was upstairs with a firearm.

Officers entered the residence, announced themselves as police officers and attempted to search a bathroom.  Borden, who was inside the bathroom, waited for the officers to open the door and then pointed his firearm at both officers and fired, striking the second officer.  The first officer returned fire, and both retreated outside of the home.  The second officer sustained gunshot wounds in the arm and back.  Cleveland Police SWAT responded to the scene and Borden was soon thereafter taken into custody.

A handgun with five spent rounds and one live round was recovered from inside the bathroom.  Borden is prohibited from possessing a firearm due to previous convictions for robbery, burglary and sexual battery in the Cuyahoga County Common Pleas Court.

Borden has also been indicted by a Cuyahoga County Grand Jury for the attempted murder and felonious assault of the police officer and having a weapon under disability as a result of this incident.       

Borden is scheduled to be sentenced on September 14, 2021.  A federal district court judge will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the ATF and the Cleveland Division of Police.  This case is being prosecuted by Assistant U.S. Attorney Scott Zarzycki. 

Acting U.S. Attorney Bridget M. Brennan announced that on Thursday, May 6, a federal jury found Donald E. Jones, 40, of Warren, Ohio, guilty of drug trafficking and firearms charges as jury trials resume around the Northern District of Ohio.  Jones was found guilty of being a felon in possession of firearms and ammunition, possession with intent to distribute heroin and fentanyl, possession with intent to distribute tramadol and possession of a firearm in furtherance of a drug trafficking crime.

According to court documents, on November 11, 2018, at approximately 3:00 a.m., City of Warren Police Officers initiated a traffic stop of a vehicle and identified Jones as the driver, owner, and sole occupant. Officers detected a smell of marijuana coming from the vehicle and initiated a search.  During the search, officers discovered a secret compartment beneath the center console where they found a mixture of heroin and fentanyl with a street value of $2,000, multiple tramadol pills, and two loaded guns.  In a second secret compartment, officers also found digital scales and drug paraphernalia.  At the time of his arrest, Jones had over $3,000 in cash in his wallet and over $5,000 in his shoe.  Jones is prohibited from possessing a firearm due to a previous felony conviction.

Jones is scheduled to be sentenced on August 26, 2021, before U.S. Judge Dan Aaron Polster. This case was investigated by the ATF and city of Warren Police Department.  This case was prosecuted by Assistant United States Attorneys David M. Toepfer and Kathryn Gaughan Andrachik.

In honor of National Police Week, Acting U.S. Attorney Bridget M. Brennan is encouraging residents in the Northern District of Ohio to recognize the service of law enforcement officers and to remember those who have made the ultimate sacrifice protecting and serving our communities.  National Police Week is observed from Sunday, May 9 through Saturday, May 15, 2021.

“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland.  “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer.  To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”

“We should be eternally grateful to the courageous men and women who serve in law enforcement,” said Acting U.S. Attorney Bridget M. Brennan.  “During National Police Week, we honor those officers who tragically lost their lives in the line of duty, all officers who continue to selflessly serve and protect our communities and the families and friends who also serve and sacrifice for us all.” 

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices.  Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.  

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.

During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored.  Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19.

Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020.  LEOKA statistics can be found on the FBI’s Crime Data Explorer website. 

The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be live-streamed to the public at 8:00 pm EDT.  The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021.  An in-person Candlelight Vigil event is scheduled for October 14, 2021.

Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF.  The FOP’s Roll Call of Heroes can be viewed at www.fop.net.

To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.   

To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.

Acting U.S. Attorney Bridget M. Brennan announced that a federal jury found Christian Ferguson, 21, of Cleveland, Ohio, guilty of two counts of attempted kidnapping.  Ferguson was arrested on May 8, 2020, for an attempted plot to kidnap and ambush law enforcement officers responding to a false distress call in order to start an uprising.

“Mr. Ferguson devised a plan, and took steps to see it through, that involved placing a fake distress call to lure responding officers to the scene so that he could violently attack them, steal their department-issued weapons and equipment, and incite various militias to similarly attempt to overthrow the U.S. government and its institutions,” said Acting U.S. Attorney Bridget M. Brennan.  "Exploiting first responders’ most solemn obligation – to protect and serve – as a way of luring them into a violent ambush and inciting violence against our democratic institutions was cowardly, heinous, and, as Mr. Ferguson’s jury determined today, criminal.  The community members who reported this plan, and the federal agents who worked to prevent it, should be commended for their actions.  Lives were saved.”

“Christian Ferguson's plan was to lure law enforcement to a remote location then murder as many as he could in hopes of starting an "uprising",” said FBI Special Agent in Charge Eric B. Smith.  “Mr. Ferguson then attempted to recruit others to assist him in this cowardly and despicable act.  We wish to thank those citizens who advised the FBI of the hateful and violent feelings Ferguson held for law enforcement.  Ferguson's guilty verdict will ensure he is no longer able to promote or commit violence against those charged with the solemn responsibility to stop it.”

According to court records, in April of 2020, the FBI received a call-in complaint from a civilian regarding several violent and extremist online postings made in a chatroom by an individual later identified as Ferguson.  In these postings, Ferguson expressed a desire to call in a false in-progress call to the police in order to lure law enforcement to a remote location where they could be robbed of their weapons and body armor and possibly killed.  Based on this initial reporting, the FBI introduced a confidential human source into the chatroom, which was controlled by Ferguson. 

In March of 2020, Ferguson further discussed this plot in the chatroom in greater detail.  Specifically, Ferguson’s discussed purchasing high-powered firearms, creating homemade chemical weapons and leaving a “calling card” to promote media attention to his intended uprising.  As part of the plot, Ferguson intended for the ambush to gather significant media attention and to inspire other militia groups.   

Ferguson expressed an interest in a response by federal law enforcement officers to the phony distress call because he believed they had better quality firearms and body armor to steal.  Furthermore, Ferguson made statements about tactical options for killing multiple targets and the disposal of their bodies. 

As a result of these online conversations, Ferguson and multiple confidential human sources met on several occasions to further discuss Ferguson’s plan and see it to fruition.  Ferguson then engaged in practice drills with an AR-15 rifle and, on one occasion, conducted reconnaissance in a dry run.  Ferguson indicated to the FBI sources that his “final play” was in Washington, D.C.

On May 8, 2020, Ferguson ultimately facilitated a hoax distress call within the boundaries of the Cuyahoga Valley National Park to gauge response time by Park Rangers.  Ferguson believed four federal officers arrived and indicated that if that many officers respond to the actual event, they would likely have to kill them all.  Shortly thereafter, Ferguson was placed under arrest. 

Ferguson is scheduled to be sentenced on August 27, 2021, before U.S. Judge Solomon Oliver, Jr. This case was investigated by the Cuyahoga Valley National Park Rangers, Cuyahoga Falls Police Department, City of Cuyahoga Falls Prosecutor’s Office, and the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorneys Duncan Brown and Jerome Teresinski.

Acting U.S. Attorney Bridget M. Brennan announced that eight individuals were charged for their roles in a scheme that used stolen and fraudulent credit card accounts to purchase at least $750,000 worth of various items, including retail goods, large construction and building materials, appliances and equipment.

Charged in a 22-count indictment with conspiracy to commit access device fraud, access device fraud and aggravated identity theft are Diontae WALLACE, 35, of Warrensville Heights, Ohio; Adrienne CAMPBELL, 53, of Cleveland, Ohio; JOVANNA BROWN, 33, of Warrensville Heights, Ohio; Marcellus SMITH, 27, of Cleveland, Ohio; James LUKE, 43, of Cleveland, Ohio; Glenn KING, 27, of Cleveland, Ohio; Shirley LADSON, 37, of Shaker Heights, Ohio and JOSEPH BROWN, 62, of Campbell, Ohio.

According to the allegations, from around December of 2016 and continuing through approximately April of 2020, WALLACE recruited a number of co-conspirators, including CAMPBELL, JOVANNA BROWN, SMITH, LUKE, KING, LADSON and JOSEPH BROWN to participate in the credit card fraud scheme.

It is alleged that WALLACE would purchase personal identifying information from the dark web and use it to open fraudulent credit card accounts.  WALLACE would then create fictitious identification cards bearing the stolen personal identifying information and a photograph of a co-conspirator.  The indictment states that WALLACE provided the fraudulent identification cards and credit cards to his co-conspirators to use at his direction. 

According to the indictment,  WALLACE, CAMPBELL, JOVANNA BROWN, SMITH, LUKE, KING, LADSON and JOSEPH BROWN would use the fraudulent credit card accounts and identification cards to purchase various items, including retail goods, construction and building materials, appliances and equipment from various stores and vendors around Northeast Ohio and elsewhere.  As part of the alleged scheme, WALLACE would then sell the purchased items to others and use the proceeds for his own benefit and to pay his co-conspirators.

In addition, it is alleged that WALLACE, the named co-conspirators and others known and unknown to the Grand Jury, used the fraudulent credit card accounts to make purchases of goods such as clothing, household items and craft supplies, which they kept for their personal benefit.

In total, it is alleged that WALLACE, CAMPBELL, JOVANNA BROWN, SMITH, LUKE, KING, LADSON and JOSEPH BROWN made at least $750,000 in purchases throughout the scheme.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This investigation was conducted by the Cleveland FBI and the United States Postal Inspection Service.  This case is being prosecuted by Assistant U.S. Attorneys Andrea Isabella and Brad J. Beeson.

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury in Cleveland returned a 14-count indictment charging six individuals for their alleged roles in a scheme to fraudulently obtain approximately $9 million in COVID-19 relief funds guaranteed by the U.S. Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Terrence L. POUNDS, 44, of Holland, Ohio; Charles B. TILLER, 37, of Columbus, Ohio; Terri DAVIS, 30, of Old Hickory, Tennessee; Randolph NUNN, 48, of Canton, Ohio; Samira ABDUL-KARIM, 27, of New Haven, Connecticut; and Quwan SIMMONS, 28, of Hartford, Connecticut are all charged with conspiracy to commit wire fraud and wire fraud.  In addition, Defendants POUNDS, NUNN, DAVIS and TILLER are also charged with various counts of money laundering.

“COVID-19 relief funds are intended to support hardworking Americans and small businesses struggling with financial challenges as a result of the pandemic,” said Acting U.S. Attorney Bridget M. Brennan.  “The U.S. Attorney’s Office is committed to pursuing anyone alleged to have fraudulently obtained relief funding.”

"These six individuals allegedly defrauded United States taxpayers by engaging in this scheme,” said FBI Special Agent in Charge Eric B. Smith.  “The CARES Act was designed to help struggling Americans, not for greedy fraudsters to line their pockets.  The FBI will continue to work with our partners to root out cheaters engaged in criminal financial deception.”

“The CARES Act was enacted with provisions to help struggling businesses stay afloat during the COVID-19 pandemic,” stated Bryant Jackson, Special Agent in Charge of the IRS-Criminal Investigation Cincinnati Field Office.  “Those individuals who have or continue to exploit the programs as a ‘get rich quick’ scheme will be held accountable for their actions.”    

According to the indictment, from on or about March 31, 2020, through on or about Dec. 17, 2020, the six Defendants, and others known and unknown to the Grand Jury, are accused of devising a scheme to defraud the SBA and other financial institutions by obtaining Economic Injury Disaster Loans (EIDL) and Paycheck Protection Program (PPP) loans under false pretenses.

The indictment states that POUNDS recruited TILLER, DAVIS, NUNN, ABDUL-KARIM, SIMMONS and others to provide him with their personal identifying information, which he then used to apply for EIDL loans in their names.

POUNDS allegedly claimed in the EIDL loan applications that TILLER, DAVIS, NUNN, ABDUL-KARIM and SIMMONS each operated a non-profit organization that was a “Faith-Based Organization” and a “Church” with $1,000,000 in revenue and 15 employees.  Based on this false information, the SBA approved these loan applications.  In return, the indictment states that TILLER, DAVIS, NUNN, ABDUL-KARIM and SIMMONS then paid POUNDS a portion of the fraudulently obtained loan proceeds.

TILLER, DAVIS, NUNN, ABDUL-KARIM and SIMMONS are all accused of using the EIDL loan proceeds for the benefit of themselves and others, and in a manner that was inconsistent with the purposes of the EIDL program.

Furthermore, it is alleged that POUNDS submitted an SBA EIDL loan application for a purported “Faith-Based Organization” and “Church” that POUNDS claimed to operate.  In response to the information provided, the SBA approved and funded this loan application.  POUNDS is accused of using portions of the loan proceeds and payments received from others to purchase a 2021 Chevrolet Tahoe, a 2021 Kia Telluride, a 2020 Hyundai Elantra and a 2020 BMW X4.

According to the indictment, POUNDS, TILLER, DAVIS, NUNN, ABDUL-KARIM and SIMMONS, together and with other co-conspirators, submitted at least 60 fraudulent EIDL loan applications and other fraudulent PPP loan applications seeking a total of approximately $9 million.  The SBA approved approximately $3.3 million.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This investigation was conducted by the Cleveland FBI – Canton Resident Agency and the IRS – Criminal Investigations.  This case is being prosecuted by Assistant U.S. Attorneys Brendan D. O’Shea and Elliot Morrison.

The public is encouraged to submit any allegations of COVID-19 fraud to the National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form.

Acting U.S. Attorney Bridget M. Brennan announced that Barbara Davis, 47, of Youngstown, Ohio, was sentenced to five months imprisonment and five months of home confinement by U.S. Judge Sara Lioi.  Davis, a former Northeast Ohio Correctional Center (NEOCC) correctional officer, pleaded guilty in January of 2021 to sexual abuse of a ward, accepting bribes and providing a cell phone and tobacco to an inmate.

“Exploiting a position of trust by sexually abusing an inmate and receiving bribe payoffs for smuggling contraband into a correction center threatens to undermine the public’s trust in our criminal justice system,” said Acting U.S. Attorney Bridget M. Brennan. “Let this matter be a reminder to the public that anyone who seeks to harm and exploit inmates or detainees can and will be held accountable.”

"This sentence demonstrates those that are criminally responsible are held accountable," said FBI Special Agent in Charge Eric B. Smith "Ms. Davis, a former corrections officer, will now be on the other side of the incarceration bars for her deviant unlawful behavior."

“Davis sexually abused an inmate and accepted bribes for smuggling contraband into a federal prison.  Today’s sentencing shows that when correctional officers abuse their authority, the Department of Justice Office of the Inspector General will ensure they are held accountable,” said William J. Hannah, Special Agent in Charge of the Department of Justice Office of the Inspector General Chicago Field Office.

According to court documents, from on or about November 13, 2017, to November 7, 2018, Davis engaged in sexual conduct with an inmate at the NEOCC.  During this same time, Davis smuggled contraband, specifically a cell phone and tobacco, to the inmate at the NEOCC.  In return, Davis received payments made from other parties through a mobile payment application.

This investigation was conducted by the Cleveland Federal Bureau of Investigation and Department of Justice, Office of the Inspector General.  This case was prosecuted by Assistant U.S. Attorney Justin Seabury Gould.

 

Acting U.S. Attorney Bridget M. Brennan announced that Jamie Kidd-Dunbar, 40, of Grafton, Ohio, was sentenced today by U.S. Judge Donald C. Nugent to 61 months of imprisonment and ordered to pay $217,096.52 in restitution.  Kidd-Dunbar pleaded guilty in October of 2020 to exploiting her position as a home health aide to steal more than $200,000 from a blind and physically disabled person in her care. 

“Our aging and disabled family members and friends must be able to trust those who are hired to assist them, said Acting U.S. Attorney Bridget M. Brennan.  “The fact that Ms. Kidd-Dunbar exploited that trust for her own personal gain, and ignored the needs of two women, one of whom was both blind and physically disabled and the other 90 years old, highlights the egregiousness of her conduct and underscores the need for a significant term of incarceration.”

"This defendant will now serve a significant amount of time behind bars for taking advantage of an elderly, physically disabled woman in her care," said FBI Special Agent in Charge Eric B. Smith. "Maybe spending 5 years in confinement will allow Ms. Kidd-Dunbar time to reflect on her morally corrupt and heartless criminal behavior.  Our elderly and vulnerable population needs to be cherished and protected, the FBI will continue working with our partners to educate and root out elder fraud."

According to court documents, in or around March of 2016, Kidd-Dunbar became the paid home health aide for Victim 1, then 60 years old, after Victim 1 suffered a series of strokes that left her blind and dependent on the use of a wheelchair.  As Victim 1’s home health aide, Kidd-Dunbar was trusted with Victim 1’s debit card information so Kidd-Dunbar could purchase groceries and other household supplies for Victim 1.

In January 2018, Kidd-Dunbar began using Victim 1’s debit card to make small, unauthorized purchases.  Over time, the theft escalated to include larger cash withdrawals and significant purchases from various businesses, including Amazon, PlayStation and Rent-A-Center.  

During the same period, Kidd-Dunbar also assisted Victim 1’s 90-year old aunt, who is identified in court documents as Victim 2.  Kidd-Dunbar was similarly given Victim 2’s credit card information so Kidd-Dunbar could make authorized purchases of groceries and other supplies for Victim 2.  After Victim 2 passed away in 2017, Kidd-Dunbar continued to use Victim 2’s credit card to make unauthorized personal purchases.  Kidd-Dunbar used Victim 1’s bank card to pay the balance on Victim 2’s credit card.  

In June of 2019, a different home health aide substituted for Kidd-Dunbar while Kidd-Dunbar was away on vacation.  This home health aide asked Victim 1 about certain charges on Victim 1’s statements, which led Victim 1 to discover Kidd-Dunbar’s numerous and unauthorized purchases, withdrawals and credit card payments.  As a result of Kidd-Dunbar’s theft, Victim 1 suffered a total loss of $217,096.52.

This investigation was conducted by the Federal Bureau of Investigation and Elyria Police Department and was prosecuted by Assistant U.S. Attorney Brian M. McDonough and Special Assistant U.S. Attorney Matthew A. Kern.  The U.S. Attorney’s Office for the Northern District of Ohio would like to acknowledge and thank the Lorain County Prosecutor’s Office for its cooperation with this matter.  

Acting U.S. Attorney Bridget M. Brennan announced that Manish Raj Gupta, aka Manny Gupta, 50, of Sylvania, Ohio, a former Toledo-area plastic surgeon, pleaded guilty in federal court on Monday, April 26, to sex trafficking by force, fraud or coercion and illegally dispensing a controlled substance.

“This plea is just one step in a long recovery process for the victim, whose courage and bravery should be commended,” said Acting U.S. Attorney Bridget M. Brennan. “Mr. Gupta’s acknowledgment of his heinous crimes now moves this matter to sentencing where the government will be seeking a significant term of incarceration.  Importantly, though, any additional victims of Mr. Gupta are encouraged to contact the FBI.  Every victim of sexual violence deserves justice.”

"Manish Gupta has now accepted responsibility for preying on, drugging and sexually victimizing women,” said FBI Special Agent in Charge Eric B. Smith. “He misused his position of trust for his own sexual gratification.  He will now be held accountable for his reprehensible criminal behavior.  The FBI encourages anyone that was sexually victimized by Manish Gupta to please contact the FBI at 1-877-FBI-OHIO."

According to court records, from on or about August 9, 2016 through on or about September 24, 2016, Gupta forced, threatened force, and coerced a woman, identified in the Indictment as Victim #1, to engage in sexual acts.  Without the victim’s knowledge or consent, Gupta administered an incapacitating controlled substance to commit a crime of violence against her, namely rape.  Gupta recorded his assault of Victim #1.

Notably, court records also state that Gupta traveled to medical conferences in large urban areas, including Chicago in March and April of 2013, Cleveland in April of 2013, Miami/Ft. Lauderdale in June of 2015 and July 2019, Los Angeles in September of 2016, and various other dates in San Francisco and Detroit. Gupta would often stay at centrally located hotels in these cities and hire escorts in the area. Gupta would then administer incapacitating drugs to his victims and perform sexual acts of violence without their consent. 

Gupta is scheduled to be sentenced on August 25, 2021. A federal district court judge will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the Federal Bureau of Investigation, Toledo Resident Agency and is being prosecuted by Assistant United States Attorneys Tracey Ballard Tangeman and Carol M. Skutnik.

Acting U.S. Attorney Bridget M. Brennan announced that Andrew V. Thomas, 35, of Maple Heights, Ohio, was sentenced on Tuesday, March 20, to 39 months imprisonment by U.S. Judge Donald C. Nugent. Thomas pleaded guilty in December of 2020 to wire fraud and aggravated identify theft. Thomas devised a scheme to defraud three elderly victims out of more than $62,000.

“Mr. Thomas targeted multiple elderly victims, including one suffering from dementia, and stole their hard-earned life savings,” said Acting U.S. Attorney Bridget M. Brennan. “Working with our partners to raise awareness about such schemes, protecting aging and vulnerable populations, and prosecuting those who seek to exploit others for personal gain is an important part of the work we do every day at the Department of Justice.”

“This individual took advantage of his position to financially victimize elderly customers,” said FBI Special Agent in Charge Eric B. Smith. “It is imperative that we as a community educate and look out for our elderly who are often targets of financial scams.  Mr. Thomas will now be held accountable for the fraud and deception he perpetrated against the more trusting and vulnerable among us. The FBI will continue collaborative efforts to inform and educate older communities and their caregivers and aggressively investigate allegations like this wherever and whenever appropriate.”

According to court documents, from November 2018 to November 2019, Thomas was employed as a Call Center Representative for an insurance company with an office in Cleveland, Ohio, tasked with speaking to clients and their agents regarding annuities, updating client bank account information and processing withdrawal transactions.

During this time, Thomas devised a scam to defraud three elderly victims by transferring money from his victim’s annuities into his personal bank accounts. Court documents state that Victim 1 was an 84-year-old woman in Avon, Connecticut; Victim 2, an 83-year woman with dementia in Philadelphia, Pennsylvania; and Victim 3, a 96-year-old woman and a resident of Metairie, Louisiana, were all victims of the scheme to defraud.

Victim 1, Victim 2’s power of attorney and Victim 3 all called Thomas to inquire about a policy-related matter.  Thomas spoke to all of the victims or their agents and had access to their accounts.

Thomas would then use the company’s computer system to make unauthorized transfers from the annuities of Victim 1, Victim 2 and Victim 3 into his personal bank accounts. As a result of the unauthorized transfers, Victim 1, Victim 2 and Victim 3 suffered a total loss of approximately $62,600.

The investigation was conducted by the Federal Bureau of Investigation, Cleveland Division and was prosecuted by Assistant U.S. Attorney Brian McDonough.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps.  

Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals on a case-by-case basis. 

Reporting is the first step.  Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. 

The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.

With opioid overdose deaths on the rise in the Northern District of Ohio and across the country, Acting U.S. Attorney Bridget M. Brennan and DEA Special Agent in Charge Keith Martin are encouraging Northern Ohio residents to dispose of their unused prescription medication during National Prescription Drug Take Back Day on Saturday, April 24.

“A surge in overdose deaths this year has already put many communities in Northern Ohio on track to meet or eclipse overdose numbers not seen since 2017,” said Acting U.S. Attorney Bridget M. Brennan. “Participation in this year’s Prescription Drug Take Back Day is even more important as law enforcement fights back against this increase.  We ask that everyone look through their homes and medicine cabinets for any unused prescription drugs for safe disposal at one of DEA’s identified locations throughout Northern Ohio. Taking part in Prescription Drug Take Back Day is a significant way for all residents to help us combat this crisis.”

“Helping people dispose of potentially harmful prescription drugs is just one way DEA is working to reduce addiction and stem overdose deaths,” said DEA Detroit Field Division Special Agent in Charge Keith Martin. “Take Back Day is not only a great opportunity to rid your home of unused medication but is also a time to have important conversations about proper use and storage of prescription medication.”

The public is encouraged to drop off potentially dangerous prescription medications at collection sites in their community, which will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.

Find a collection site using the DEA site locator here: Take Back Day (dea.gov) or contact your local police department.

DEA and its partners will collect tablets, capsules, patches, and other solid forms of prescription drugs. Liquids (including intravenous solutions), syringes and other sharps, and illegal drugs will not be accepted. DEA will continue to accept vaping devices and cartridges at its drop off locations provided lithium batteries are removed.

According to the Centers for Disease Control and Prevention, the U.S. has seen an increase in overdose deaths during the COVID-19 pandemic, with 83,544 Americans overdosing during the 12-month period ending July 1, 2020, the most ever recorded in a 12-month period.

The increase in drug overdose deaths appeared to begin prior to the COVID-19 health emergency but accelerated significantly during the first months of the pandemic. With studies indicating a majority of abused prescription drugs come from family and friends, including from home medicine cabinets, clearing out unused medicine is essential.

The Detroit Field Division, which covers Michigan, Ohio, and parts of Northern Kentucky, collected a record-setting 94,000 pounds during the October 2020 Take Back event.

Learn more about the event at www.deatakeback.com, or by calling 800-882-9539

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury has returned charges against three individuals in the Northern District of Ohio with aiding and assisting in the preparation of a false tax return. These are separate cases and are not related.

“Particularly during this time of year, we want the public to know that violations of our nation’s tax laws will be investigated and, when appropriate, prosecuted,” said Acting U.S. Attorney Bridget M. Brennan.  

“Whether it’s return preparers filing false tax returns for their clients or an individual intentionally underreporting his income, IRS CI remains committed to using our financial expertise to vigorously investigate criminal tax allegations,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.                   

Santon BARNES, 49, of Euclid, Ohio, is charged with 23 counts of aiding and assisting in the preparation and presentation of a false and fraudulent tax return. For the tax years 2014 through 2016, BARNES is accused of preparing and submitting tax returns to the Internal Revenue Service that were false and fraudulent. BARNES is accused of deliberately reporting fictitious or inflated income, withholdings, dependents and misrepresenting Scheduled C income. 

This investigation was conducted by the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Michael L. Collyer.

Harry GANT, 70, of Mentor, Ohio, is charged with four counts of aiding and assisting in the preparation and presentation of a false and fraudulent tax return. According to the indictment, GANT is accused of intentionally underreporting the total income earned from the operation of his business for the tax years of 2014 through 2017 on his Individual Income Tax Return, Form 1040 for himself and his spouse.

This investigation was conducted by the Cleveland Division of the FBI and the Internal Revenue Service – Criminal Investigation. This case is being prosecuted by Assistant U.S. Attorney Megan R. Miller.

Michael HAYWOOD, age 29, of Garfield Heights, Ohio, is charged with 36 counts of aiding and assisting in the preparation and presentation of a false and fraudulent tax return. The indictment states that HAYWOOD  operated a tax preparation business out of his residence and prepared tax returns for individuals. It is alleged that for the tax years of 2014 through 2017, HAYWOOD prepared and submitted tax returns for clients to the Internal Revenue Service that reported inflated deductions, fictitious credits, losses, schedules, incorrect filing statuses and claimed a tax refund that was entirely fraudulent and inaccurate. 

This investigation was conducted by the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant U.S. Brian McDonough. 

 An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury sitting in Cleveland returned a six-count indictment charging Anthony L. Anderson, 45, and Eben D. Anderson, 38, both of Maple Heights, Ohio, with conspiracy to distribute cocaine, crack, fentanyl and methamphetamines in the Cleveland area.

Both Anthony and Eben Anderson are charged with conspiracy to possess with intent to distribute cocaine, crack, fentanyl and methamphetamine; possession with intent to distribute cocaine; possession with intent to distribute cocaine base; possession with intent to distribute fentanyl and possession with intent to distribute methamphetamine. In addition, Defendant Eben Anderson was charged as a felon in possession of a firearm.

“Stopping the flow of drugs and drug manufacturing equipment at our borders is an important part of curbing the flow of illegal drugs to and within our communities,” said Acting U.S. Attorney Bridget M. Brennan. “We are grateful for our law enforcement partners’ sustained efforts to combat illegal narcotics trafficking.”

“International criminal organizations working with their local contacts have once again tried to exploit U.S. borders for profit,” said Vance Callender, special agent in charge, HSI Detroit.  “HSI specializes in investigating cross-border related crimes and brings unique national and international resources to bear against these types of offenders.”  

Court records state that in January of 2021, a parcel was intercepted and searched by Customs and Border Protection (CBP) officers that was allegedly found to contain two pill press die sets. The affidavit in support of the criminal complaint states that the importation of pill press die sets is prohibited as they are considered drug paraphernalia. Homeland Security Investigations (HSI) Cleveland was subsequently contacted by the CBP, and a controlled delivery of the parcel was arranged and executed.

After the controlled delivery was executed, law enforcement officers carried out a search warrant at the address and located both Defendants inside the residence. A search of the home was conducted, and officers recovered approximately 1.34 kilograms of cocaine, 136 grams of fentanyl, 324 grams of crystal methamphetamine, a high-speed pill press, pill press dies, bulk currency and five firearms.                     

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, Defendant’s sentence will be determined by the Court after review of factors unique to this case, including Defendant’s prior criminal record, if any, Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This investigation was conducted by Homeland Security Investigations (HSI) and is being prosecuted by Assistant U.S. Attorney Patrick P. Burke.  

####

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned an indictment charging Gregory J. Gerber, 55, of Port Clinton, Ohio, with 51 counts of distribution of controlled substances and two counts of health care fraud. According to the indictment, the Defendant was a licensed medical physician practicing in Sandusky, Ohio, specializing in physical medicine and rehabilitation and anesthesiology with a sub-specialty in pain medicine.

“The Northern District of Ohio, like many districts throughout the country, continues to combat a staggering opioid crisis," said Acting U.S. Attorney Bridget M. Brennan. “A common theme in this crisis is that many who now struggle with opioid use disorder do so because of a physician who unlawfully prescribed medically unnecessary opioid prescriptions or, in some cases, over-prescribed in a medically unnecessary way.  Physicians alleged to have engaged in such conduct will be held accountable."

"Healthcare fraud impacts the cost of medical care and more importantly, puts patients at risk," said FBI Special Agent in Charge Eric B. Smith. " Dr. Gerber allegedly abused his oath by prescribing unnecessary medications, causing harm to his patients, and over billed medical visits.   "Dr. Gerber is accused of contributing to the growing opioid epidemic thru his dangerous, criminal behavior and will now be held accountable.

“Issuing prescriptions outside the usual course of professional practice and not for a legitimate medical purpose only aggravates the ongoing opioid epidemic,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “Medical professionals are relied upon to perform appropriate physical exams, establish evidence-based, objective diagnoses, and prescribe medications only in a manner that will aid their patients. The OIG continues to investigate instances of alleged improper prescribing that potentially harms patients and wastes vital taxpayer dollars.”

“More Ohioans are dying from opioid overdoses than at any point in this devastating epidemic and this doctor helped put us here one prescription at a time,” Ohio Attorney General Dave Yost said. “Ending this scheme was vital to an area that has been devastated by the opioid crisis.”

The indictment states that the Defendant repeatedly prescribed controlled substances outside the usual course of professional practice and not for a legitimate medical purpose, including powerful painkillers such as fentanyl, oxycodone, oxymorphone and other drugs.  It further alleges that from January 2010 through August 2018, the Defendant devised a scheme to defraud federal health care benefit programs by causing insurers to pay for medically unnecessary controlled substance prescriptions. 

As part of the scheme, Defendant improperly performed patient physical and historical examinations, failed to establish evidence-based, objective diagnoses, and used these diagnoses to prescribe excessive doses of controlled substances for long periods of time without evidence of efficacy and while ignoring signs of addiction and drug abuse among his patients.  It is also alleged that the Defendant improperly sought reimbursement from Medicare, Medicaid and private insurers using billing codes that reflected a service more costly than what was performed.

The indictment states that as part of the scheme, the Defendant wrote over approximately 835 prescriptions for Subsys, a fentanyl-based cancer pain treatment medication manufactured by Insys Therapeutics, Inc. According to the indictment, some of the prescriptions written for Subsys were medically unnecessary and for patients who did not have cancer pain. It is alleged that the Defendant received compensation from Insys by participating in the company’s speakers bureau, a program that paid representatives to engage with other medical professionals and promote the Subsys medication.

While working as an Insys speaker, it is alleged that the Defendant received between approximately $1,500 and $3,700 per engagement, totaling approximately $175,000 in payments and other items of value.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This case was investigated by the Cleveland Federal Bureau of Investigation, Drug Enforcement Administration, Health and Human Services – Office of Inspector General, Ohio Attorney General’s Healthcare Fraud Section and Ohio Board of Pharmacy. This case is being prosecuted by Assistant United States Attorney Megan R. Miller.

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury sitting in Cleveland has returned an indictment charging Davis Lu, 51, of Houston, Texas, with one count of damaging protected computers. The Defendant is accused of using his position as a software developer to execute malicious code on his employer's computer servers. The Defendant was arrested this morning without incident.

According to the indictment, the Defendant was employed as a Software 1 Senior Developer working with emerging technology for Company 1, a corporation that held its principal place of business in Cleveland, Ohio. On or about August 4, 2019, Company 1’s servers experienced a disruption that crashed production servers and prevented employees from accessing those servers.

The indictment states that Company 1 investigated the source of the disruption and discovered unauthorized code installed on a server, causing that server to create an infinite loop and crash. Furthermore, it is alleged that the company found additional code that deleted files associated with user profiles, thereby denying users access to Software 1.

The indictment states that Company 1 requested that the Defendant return his company-issued computer. It is alleged that shortly before returning the computer, the Defendant deleted encrypted volumes, attempted to delete Linux directories and attempted to delete two additional projects. Additionally, the company discovered that the Defendant had allegedly conducted internet searches on how to escalate privileges, hide processes and delete large folders and/or files.

According to the indictment, as a result of these alleged actions, Company 1 suffered a loss of at least $5,000 and damage affecting ten or more protected computers.

 An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This case was investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant United States Attorneys Brian S. Deckert and Daniel J. Riedl and Senior Counsel Adrienne Rose of the Justice Department’s Computer Crime and Intellectual Property Section.

Acting U.S. Attorney Bridget M. Brennan announced that Gerald Isom, age 46, of Toledo, Ohio, was arrested today and charged in a two-count indictment for allegedly distributing fentanyl that caused six overdose incidents, two of which were fatal.

The Defendant is charged with two counts of distribution of a controlled substance. Both counts carry a penalty enhancement due to death or serious bodily injury resulting from the use of the substance and a prior felony drug offense. If convicted, the Defendant potentially faces a mandatory life imprisonment sentence.

According to the indictment, from December 26 to December 27, 2019, it is alleged that the Defendant distributed a controlled substance mixture containing fentanyl that caused six people in Lucas County to overdose, two of which were fatal. In addition, prior to committing these alleged offenses, the Defendant was convicted of felony drug trafficking of cocaine in the Lucas County Court of Common Pleas. 

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the Defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This case was investigated by the Lucas County Sheriff's Office and the Cleveland Division of the FBI – Toledo Resident Agency. This case is being prosecuted by Assistant U.S. Attorneys Michael Freeman and Robert Melching.

 

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury indicted two men in the Northern District of Ohio this week on child pornography charges. These are separate cases and are not related.

Jeffrey ARMSTRONG, 51, of Rockford, Ohio, was charged in a one-count indictment with receipt and distribution of child pornography.  According to court records, from February 10 to February 22, 2021, ARMSTRONG is accused of engaging in an online conversation with an FBI covert employee on a mobile messenger application during which he sent sexually explicit material of minors or child pornography.  

This investigation was conducted by the Cleveland Division of the FBI – Toledo Resident Agency and is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman.

Allen Joseph KAMANN, 34, of Shelby, Ohio, was charged in a two-count indictment with receipt and distribution of visual depictions of minors engaged in sexually explicit conduct and possession of child pornography. According to court records, in February of 2021, KAMANN is accused of engaging in an online conversation with an FBI covert employee on a mobile messenger application regarding the sexual exploitation of minors. Throughout the conversation, KAMANN allegedly transmitted child pornographic materials to the FBI agent. In addition, KAMANN is accused of uploading several images of child pornography to the messenger application in November of 2020. 

On February 26, 2021, a search warrant was executed on the person of KAMANN and his property. During the search, law enforcement officers recovered a cellphone containing alleged depictions of child pornography. 

This investigation was conducted by the Federal Bureau of Investigation – Sandusky Resident Agency and is being prosecuted by Assistant U.S. Attorney Carol Skutnik. 

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury sitting in Toledo returned a six-count indictment charging Ronald Lee Jenkins, 38, of Blaine, Minnesota, with possession with intent to unlawfully use false identification documents, unlawful production of identification documents and possession of counterfeit securities.

Court documents state that on February 14, 2021, the Defendant was stopped by an officer with the Maumee Police Department after committing several traffic violations. Following the stop, it was determined that Defendant had active warrants out of Minnesota and Wisconsin. The Defendant was detained, and his vehicle searched. During the search of his vehicle and a subsequent search of a hotel room he had rented in Maumee, officers located 13 Social Security cards; 183 Armed Forces of the United States identification cards; 10 South Carolina driver’s licenses; and several personal checks. It is alleged in the indictment that the identification documents were fraudulent, and the checks forged and counterfeit.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, Defendant’s sentence will be determined by the Court after review of factors unique to this case, including Defendant’s prior criminal record, if any, Defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This investigation was conducted by the Maumee Police Department and the United States Secret Service. This case is being prosecuted by Assistant U.S. Attorney Robert N. Melching and Deyana F. Unis.

Acting U.S. Attorney Bridget M. Brennan announced that Ryan Gallo, age 26, of Westlake, Ohio, was sentenced on Tuesday, March 30, to 157 months imprisonment by U.S. Judge John R. Adams. Gallo pleaded guilty in December of 2020 to possession with intent to distribute methamphetamine, cocaine, marijuana, felon in possession of a firearm and ammunition and possession of a firearm in furtherance of a drug trafficking crime.

“Federal convictions for trafficking in methamphetamine, cocaine and marijuana, when coupled with a conviction for carrying a loaded firearm to further those drug dealing efforts, will result in a  significant term of incarceration, like the sentence imposed here,” said Acting U.S. Attorney Bridget M. Brennan. “We are grateful for the hard work and diligent efforts of the Broadview Heights Police Department and Drug Enforcement Administration.”

“The sentencing of Gallo to more than 13 years in prison puts all drug traffickers on notice that they will be held accountable for their illegal conduct,” said DEA Detroit Field Division Special Agent in Charge Keith Martin. “Throughout the course of this investigation, agents seized firearms, methamphetamines and marijuana from Gallo. DEA remains committed to protecting Ohioans from those who prey on our communities.”

On August 26, 2020, Gallo was stopped by an officer with the Broadview Heights Police Department after reports that he had left the scene of an accident and was driving erratically. The officer identified Gallo as the driver and noted recent damage to the front of his vehicle. After identifying alcohol and drug paraphernalia in the vehicle, Gallo was placed under arrest, and his person and vehicle were searched.

During the search, officers located approximately 473 grams of methamphetamine, 25 grams of cocaine, 1,134 grams of marijuana and a loaded .32 caliber revolver. Gallo is prohibited from possessing a firearm due to a 2018 drug trafficking conviction in the Cuyahoga County Court of Common Pleas.

This investigation was conducted by the Drug Enforcement Administration and the Broadview Heights Police Department. This case was prosecuted by Assistant U.S. Attorney Margaret A. Sweeney.

Acting U.S. Attorney Bridget M. Brennan announced that John Tyler Pla, 25, and Johnny Lee Palmer, 26, both of Tampa, Florida, pleaded guilty to operating a “Grandparent Scam” in the Northern District of Ohio that caused their victims a combined loss of $383,932. Pla and Palmer both entered pleas of guilty to conspiracy to commit wire fraud and wire fraud.

According to court documents, from July 20, 2020 to August 28, 2020, Pla and Palmer orchestrated a “Grandparent Scam” targeting elderly victims in Northern Ohio cities, including Brecksville, Parma, Gates Mills, Lorain, Mansfield, Fairview Park, Westlake and Mentor. A member of the scheme would call elderly victims claiming to be a relative or an attorney for that relative and claim the family member had been arrested and, as a result, required money for bail. A member of the scheme would then make arrangements with the victim to collect the money through a “courier.”  Instead, Pla, Palmer, or a member of the scheme would travel to the victim’s residence and collect the money.  In total, the victims suffered a combined loss of $383,932.

Pla and Palmer are scheduled to be sentenced on July 26, 2021.

The investigation was conducted by the Cleveland Division of the FBI and the Westlake Police Department. This case is being prosecuted by Assistant U.S. Attorney Brian McDonough.        

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps.   Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals on a case-by-case basis.  Reporting is the first step.  Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses.  The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.

Acting U.S. Attorney Bridget M. Brennan announced today that James Marquand, 39, of Madison, Ohio, was sentenced by U.S. District Court Judge Sara Lioi to a term of 420 months imprisonment and ordered to pay $13,000 in restitution after he pleaded guilty in October of 2020 to sexual exploitation of children and receipt and distribution of visual depictions of real minors engaged in sexually explicit conduct. Additionally, the Court recommended that Marquand receive any mental health, drug abuse, and sex offender treatment for which he qualifies and is prohibited from accessing the internet without supervision.

“Serial child predators bring these significant terms of incarceration on themselves. It is as simple as that,” said Acting U.S. Attorney Bridget M. Brennan. “Despite prior convictions for similar conduct, this defendant chose to sexually exploit a child and also to repeatedly exploit other children by receiving and distributing more than 100 images of them. Because of the collaborative efforts of the Federal Bureau of Investigation and the Cuyahoga County Prosecutor’s Office, as well as the dedication of the Assistant U.S. Attorneys who prosecute these matters, this predator’s 35-year term of incarceration guarantees that he is no longer a threat to our children.”

“This is a lengthy, well-deserved sentence,” said FBI Special Agent in Charge Eric B. Smith. “Marquand has a history of sexually exploiting minors and it's clear he learned nothing from his prior incarceration.  Fortunately, this most recent sentence will ensure this predator will be kept away from children for 35 years.  All of us share a responsibility to protect innocent children, especially from sexual predators, whether online or in your own home."

“This predator, who is a previously convicted sex offender, sexually abused a minor and uploaded more than 100 files of child abuse material,” said Cuyahoga County Prosecutor Michael C. O’Malley. “Our community is significantly safer with him behind bars for the next 35 years.”

According to court records and statements made during courtroom proceedings, in October of 2019, the Ohio Internet Crimes Against Children Task Force (ICAC) received a tip from the National Center of Missing and Exploited Children that a Google email address had uploaded 120 images of known child pornography to Google Photos. Through subpoenas, investigators traced the IP address used to upload the photos to Defendant James Marquand, who was living in Madison, Ohio.

At the time of the investigation, Marquand was on parole from a conviction in Cuyahoga County for attempted rape and unlawful sexual conduct with a minor. Additionally, Marquand was a registered sex offender who had been convicted for not providing notice of his change of address, in violation of his Sex Offender Registration provisions and was currently living at an address from which he was prohibited.

Law enforcement reviewed Marquand’s Google account in response to a federal warrant and found fifty-six files depicting minors engaged in sexual conduct. These images were uploaded to a Google account belonging to Marquand between March and September of 2019. Later, Marquand’s Google account was forensically analyzed and found to contain 150 images and 97 videos of child pornography. Court records state that the account also contained sexually explicit images and videos of Minor Victim #1, a four-year-old girl engaged in sexual conduct with Marquand.  

Law enforcement officers interviewed Marquand, and he admitted to engaging in the conduct with Minor Victim #1 on multiple occasions and recording some instances on his cellphone. 

This case was investigated by the Cleveland Division of the FBI, Ohio Internet Crimes Against Children Task Force and the Cleveland Adult Parole Authority (APA) Sex Offender Unit. This case was prosecuted by Assistant U.S. Attorneys Carol M. Skutnik and John C. Hanley.

A federal grand jury sitting in Cleveland returned a one-count indictment on March 11 charging Benjamin Ortiz Ledezma, 38, of Tucson, Arizona, with possession with the intent to distribute approximately 20 kilograms of cocaine.

According to court documents, on February 21, 2021, a trooper with the Ohio State Highway Patrol pulled over a vehicle on Interstate 76 in Milton Township, Mahoning County, Ohio, and identified the driver as the defendant. The defendant was unable to produce a driver’s license when asked by the officer. The trooper then requested backup, and a trained canine unit arrived and indicated an odor of narcotics emitting from the rear of the vehicle.

Troopers searched the vehicle and found two brick-shaped objects of suspected cocaine concealed in the rear cargo area. An additional 16 brick-shaped objects of suspected cocaine were found concealed within a spare tire.

In total, officers seized 18 bricks of suspected cocaine weighing approximately 20 gross kilograms.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.

 

The operators of a dietary supplement manufacturing company in Monroeville and Canton, Ohio, intend to plead guilty in federal court to a Bill of Information filed on Monday, March 15,  charging them with failure to register a food manufacturing facility and refusal of a U.S. Food and Drug Administration (FDA) inspection. 

Shaun Cotterill, age 54, of Monroeville, was charged with three counts of failure to allow an FDA inspection; one count of introduction of adulterated food and one count of failure to register a food manufacturing facility.

Michael Sanor, age 61, of North Canton, was charged with one count of introduction of adulterated food and one count of failure to register a food manufacturing facility.

Cotterill and Sanor were members, trustees and operators of Genesis Herb LLC, a dietary manufacturer and distributor located in Monroeville and Canton. 

“As alleged in the charges, those who purposely subvert the regulatory functions of the FDA by obstructing inspections are potentially endangering the lives of their customers and the general public,” said Acting U.S. Attorney Bridget M. Brennan. “The Department of Justice and our partner agencies will continue to protect the health of the public by ensuring critical regulatory functions, such as this, continue unabated.”

“Federal law requires that dietary supplement manufacturers follow good manufacturing practice to ensure, among other things, that their products contain the labeled ingredients and are not contaminated with harmful or undesirable substances. FDA inspection of these facilities is critical to determining adherence to these regulations and manufacturers who refuse FDA oversight put the public at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office. “We will continue to monitor, investigate and bring to justice dietary supplement firms that ignore these important safety requirements.”

Court documents state that both Cotterill and Sanor were members, trustees and operators of Genesis Herb Company, LLC, a dietary manufacturer and distributor located in Monroeville and Canton.  Cotterill and Sanor also operated Genesis Herb Private Membership Association, a private membership organization with trustees located in the Northern District of Ohio that distributed dietary supplements to its members.

On September 22, 2016, December 13, 2017 and April 18, 2018, investigators with the FDA obtained a Warrant for Administrative Inspection for the Genesis Herb Company manufacturing facility site in Monroeville and Canton. As alleged in the charges, on each occasion, investigators attempted to conduct an inspection at the Monroeville facility and were denied access by Shaun Cotterill.

According to the Bill of Information, Cotterill initially allowed the inspection of storage areas and out-buildings that contained items such as boxes, packaging materials, shipping labels, invoices and more. However, Cotterill allegedly refused to provide access to the areas where the dietary supplements were manufactured and stored on each occasion.

Additionally, Cotterill allegedly refused to provide access to manufacturing records required to be kept regulation governing the operation of Genesis Herb. The Bill of Information states that during each instance, Cotterill was told by an investigator that these refusals would constitute a refusal of inspection. It is alleged that Cotterill claimed he understood, and the inspections were terminated.

According to the Bill of Information and details presented in court proceedings, from September of 2016 through June of 2020, Cotterill and Sanor intend to plead guilty to introducing into interstate commerce dietary supplements manufactured, processed, packed, and held in a factory, warehouse, or establishment that did not meet required manufacturing practices. 

In addition, Cotterill and Sanor allegedly failed to renew a registration for Genesis Herb Company as a food manufacturing facility and never registered Genesis Herb Private Membership Association with the FDA as a food facility.

This case was investigated by the Food and Drug Administration, Office of Criminal Investigations.  The case is being prosecuted by Assistant U.S. Attorney Michael Freeman.

###

 

Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury sitting in Cleveland returned a four-count indictment charging Sir Maejor Page, a.k.a. Tyree Conyers-Page, age 32, of Toledo, Ohio, with three counts of money laundering and one count of wire fraud. It is alleged that the defendant created a 501(c)(3) Facebook page entitled “Black Lives Matter of Greater Atlanta” and later used it to defraud donors out of more than $450,000 after BLMGA’s tax-exempt status as a charity with the IRS was revoked.

“These allegations involve fraudulent misrepresentations that the donations received would support Black Lives Matter (Atlanta, Georgia) when, as stated in the indictment, those funds were actually used by the defendant for personal expenses he incurred in Toledo and elsewhere,” said Acting U.S. Attorney Bridget M. Brennan. “It is our sincere hope that these charges help raise awareness about online scams and efforts by some to exploit the name and purpose of non-profit organizations for personal gain.”

"Page is accused of using unprecedented tensions and uncertainty due to widespread civil unrest and a global pandemic to fill his own bank account," said FBI Special Agent in Charge Eric B. Smith. "Page allegedly purchased homes, traveled, and spent other people's money to buy luxury items for himself, all on the backs of hardworking people believing they were donating to a worthy cause. The FBI will continue efforts to root out fraudsters who victimize our fellow citizens for personal gain."

The indictment states that from in or around May 2020 to on or about September 25, 2020, the defendant allegedly devised a scheme to defraud donors by falsely representing that donations to his 501(c)(3), Black Lives Matter of Greater Atlanta, would be used to combat racial and social injustices when in truth, the organization was no longer an established charity and the defendant was using the donations for his personal benefit.

According to the indictment, on or about February 18, 2016, the defendant created the Facebook page entitled Black Lives Matter of Greater Atlanta (“BLMGA”). In March of 2016, the defendant registered BLACK LIVES MATTER OF GREATER ATLANTA INC.” as a 501(c)(3) domestic non-profit corporation with the Georgia Secretary of State Corporation’s Division and assumed the role of President and CEO. Based on the information that the defendant provided, Facebook recognized BLMGA as a valid non-profit organization and allowed users to make donations directly to BLMGA through Facebook.

On or about May 15, 2019, BLMGA’s tax-exempt status as a charity with the IRS was revoked due to failure to submit IRS Form 990 for three consecutive years.  On or about August 26, 2019, the Georgia Secretary of State Corporations Division administratively dissolved BLMGA’s non-profit corporation for failure to file necessary paperwork.

It is alleged that the defendant failed to notify Facebook of these revocations or ask that Facebook stop displaying BLMGA as a non-profit organization. As a result, BMLGA’s Facebook page continued to be displayed as a non-profit organization with a donation button through the end of September 2020, and Facebook continued to collect and disperse the purported charity donations on a bi-monthly basis. 

To create the false pretense and representation that BLMGA was a legitimate social justice organization, the defendant routinely made posts on BLMGA’s public Facebook page about social and racial issues, including those occurring in Georgia. In addition to falsely representing BLMGA as a legitimate non-profit organization, the defendant is accused of using the BLMGA Facebook handle to privately communicate with other Facebook users and falsely represented that the donations would be used to “fight for George Floyd” and the “movement.”  As a result, over one hundred people donated to BLMGA through its Facebook page

It is alleged that the defendant used a substantial portion of the funds donated to BLMGA to buy personal items, including entertainment, hotel rooms, clothing and firearms.  The defendant is accused of using the largest sum of funds to purchase a property and the adjoining vacant lot on Glenwood Avenue and Maplewood Avenue in Toledo, Ohio. This property was to be used as a personal residence for the defendant, the indictment states. The defendant allegedly attempted to conceal the purchase of the property by titling it to “Hi Frequency Ohio” and requesting that the seller’s realtor enter into a nondisclosure agreement. This prevented the seller from disclosing that the defendant was the true buyer and that he used BLMGA funds to make the purchase.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This case was investigated by the Cleveland Division of the FBI – Toledo Resident Agency and the Toledo Police Department. This case is being prosecuted by Assistant United States Attorney Michael Freeman.

A federal grand jury sitting in Cleveland has handed down an indictment charging Richard Gould, 65, of Strongsville, with two counts of making and subscribing false tax returns.

“Knowingly underreporting taxable income, or otherwise submitting a false tax return, is a criminal tax violation,” said Acting U.S. Attorney Bridget M. Brennan. “As people prepare or review their tax returns this year, let this be a reminder that intentional violations of tax laws will be investigated by the IRS and prosecuted by our Office.”

“With filing season in full swing, it is important to file accurate and timely tax returns,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Investigating those who willfully and intentionally file false tax returns is a top priority for IRS CI.”

According to the indictment, for the calendar years of 2014 and 2015, the defendant is accused of filing a joint United States Individual Income Tax Return (Form 1040) with his spouse and knowingly underreporting total income for both years. Specifically, the defendant is accused of stating that his occupation was “unemployed” when he knew, in fact, that he was gainfully employed.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This case was investigated by Internal Revenue Service – Criminal Investigations.  This case is being prosecuted by Assistant U.S. Attorney Brian McDonough.

 

A Canton, Ohio, man was sentenced to 105 months imprisonment and ordered to pay a $25,000 fine by U.S. Judge Pamela A. Barker after pleading guilty to distribution of carfentanil and felon in possession of a firearm and ammunition.

Rollins Babb, 27, was arrested on April 23, 2020, by federal agents with the Canton FBI Safe Streets Task Force and members of the Canton Police Department after the execution of a federal search warrant.

“This case presents another example of the danger our communities face when those who are already prohibited from having firearms do so in order to advance and support their illegal narcotics trafficking, here the distribution of carfentanil," said Acting U.S. Attorney Bridget M. Brennan. “We remain committed to the coordinated law enforcement efforts throughout this District, and especially in Canton, that prioritize this threat and seek to protect us all.”

"Guns, violence and illegal narcotics often  go hand-in-hand, and Mr. Babb will now answer for his actions," said FBI Special Agent in Charge Eric. B. Smith. "The FBI will continue to work shoulder to shoulder with our partners to ensure those who bring violence and narcotics to our communities are held accountable. "

According to court documents, Babb became under federal investigation after he sold 51 grams of carfentanil to an FBI source on January 10, 2020. On April 23, law enforcement searched Babb’s residence pursuant to a federal search warrant and seized and located two Glock pistols, approximately $8,000 in cash, multiple packages of marijuana, digital scales, oxycodone, a security system, multiple cell phones, cutting agents and promethazine and codeine syrup. Investigators located one of the firearms in a secret compartment hidden above the front door of the home and the other in a couch in Babb’s living room.

Babb is prohibited from possessing a firearm due to previous convictions for robbery and felonious assault in 2015 in Stark County.

The investigation preceding the indictment was conducted by the Canton FBI Safe Streets Taskforce and the Canton Police Department. This case was prosecuted by Assistant U.S. Attorney Aaron P. Howell.

A former environmental laboratory analyst was sentenced by U.S. District Court Judge Pamela A. Barker to two years of probation and ordered to pay a $2,500 fine for falsifying laboratory test results.

Andrew K. Ecklund, age 58, of Tallmadge, Ohio, pleaded guilty in November of 2020 to nine counts of wire fraud stemming from a scheme to falsify laboratory analysis reports in order to improve work efficiency.

“Regulations are critically important to ensuring the health and safety of the environment and the general public," said Acting U.S. Attorney Bridget M. Brennan. “When any person subverts quality control procedures and then misrepresents test results identifying levels of hazardous substances, they will be held accountable for their actions."

“Both environmental regulators and the regulated community rely on accurate laboratory results to make important decisions on the protection of human health and the environment,” said Special Agent in Charge Jennifer Lynn of EPA’s Criminal Investigation Division in Ohio.  “Quality control is one of the most important aspects of sample analysis.  This sentencing demonstrates that analysts who cover up failed quality control measures and then misrepresent test results will be held accountable.”

“Today’s sentencing confirms that the Defense Criminal Investigative Service (DCIS) is committed to protecting the integrity of the procurement process,” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “The DCIS will continue to work with its partner agencies to ensure that similar conduct is thwarted and that the U.S. Department of Defense is made whole.”

According to court documents, Ecklund was previously employed as a laboratory analyst with an environmental testing company operating in Northeast Ohio. The company was paid to analyze environmental samples for organizations and government agencies across the United States and to do so according to U.S. EPA regulations. As a laboratory analyst, Ecklund was responsible for testing samples for the presence and concentration of hazardous substances and unacceptable levels of pollutants using industry standards, methodology and quality control measures.

On nine separate occasions between on or about January 3, 2012, and on or about July 25, 2015, Ecklund took steps to make it appear that certain samples had passed quality control testing measures, when in fact, they had failed. In particular, Ecklund failed to properly calibrate and tune the quality control instruments, which was the foundation of the quality control process. This failure resulted in unreliable measurements of pollutants and hazardous substances, and therefore invalidated the testing process.

By disguising these invalid tests and making them appear valid, Ecklund was able to increase his productivity by avoiding having to shut down his instruments for repair and not retesting the samples, as required by EPA regulations. As a result of his actions, the test results provided by the company to their customers were invalid.

After the laboratory testing was complete, the company was required to submit an analysis report to their customers. Each report identified the laboratory analyst who conducted the testing and described any deviations from the testing methodology, including the quality control measures. Ecklund failed to disclose on these reports that the samples had failed the quality control measures and the actions he took to make it appear that they had passed.

The investigation preceding the indictment was conducted by the Ohio EPA, Ohio Attorney General’s Office, Army Criminal Investigation Command, Department of Defense, Office of Inspector General, and U.S. EPA Criminal Investigation Division, all of which are members of the Northeast Ohio Environmental Crimes Task Force.  The case was prosecuted by Assistant U.S. Attorney Brad J. Beeson.          

A Kirtland couple has pleaded guilty in federal court to bribery of a former city of Cleveland demolition official in return for favorable service and treatment with building demolition projects.

Joseph Tucceri, 75, and Gwen Tucceri, 60, pleaded guilty to a Bill of Information charging them with honest services mail fraud, honest services wire fraud, bribery in federally funded programs and making and subscribing false income tax returns.

According to court records, the Tucceris owned and operated “R Demolition,” a business that provided demolition and construction services in the Cleveland area. From December of 2016 through May of 218, the Tucceris provided things of value, including more than $1,600 in cash payments, to Rufus Taylor, the former Chief of the Demolition Bureau for the city of Cleveland, in return for expedited service and favorable treatment regarding work performed by R Demolition on contracts within the city of Cleveland.  

Specifically, the Tucceris made payments to Taylor in exchange for officials acts such as expedited service on demolition inspections and permits that were required for them to receive payment on a demolition contract. In addition, the Tucceris paid Taylor with the intent to influence his advice, which would form the basis for acts by other public officials that would ultimately benefit the Tucceris. As a result of their scheme, the Tucceris were able to obtain faster payments for demolition jobs, which gave them a competitive advantage over their competitors by allowing a quicker transition to additional contracts.

For example, according to the charges in the Bill of Information, , on or about May 19, 2017, Gwen Tucceri and Taylor had a phone conversation in which they discussed their arrangement, with Gwen stating that “we appreciate you,” and that she would “take care of everything I owe you for” when they next met. Taylor responded that he was grateful for “whatever you do to show your appreciation.” On or about May 22, 2017, the Tucceris met with Taylor and paid him $150 in return for favorable treatment on an inspection for one of their demolition projects and continued favorable treatment.

During that meeting, the Tucceris and Taylor also discussed a financial arrangement that involved Taylor repaying the Tucceris for a loan with favorable demolition inspections. Taylor asked, “we good [am I paid off now]?” Gwen agreed, and Taylor stated, “Now we just keep it moving [continue exchanging bribes for favorable treatment].” Gwen repeatedly stated, “We appreciate you.” Taylor thanked Joseph for the payment and said that they would “continue to handle our business,” with Gwen replying, “I’ll take care of you with the other stuff [pay you for the other upcoming inspections].”

Additionally, for the calendar year of 2016, Joseph and Gwen Tucceri both pleaded guilty to submitting a false income tax return that failed to report their full amount of income from all sources. As a result, the return understated the full amount of taxes owed.

Rufus Taylor pleaded guilty to an indictment charging him with bribery in federally funded programs and extortion under color of official right in September of 2018. Taylor is set to be sentenced on June 2, 2021.

This case was investigated by the Cleveland Division of the FBI, Department of Housing and Urban Development Office of Inspector General and IRS-Criminal Investigation. This case is being prosecuted by Assistant United States Attorneys Chelsea S. Rice and Elliot D. Morrison.

Elmer Curtis Jones, 31, of Canton, Ohio, was sentenced to 270 months imprisonment by U.S. District Court Judge John R. Adams after a jury found him guilty of four counts of possession with intent to distribute controlled substances and one count of possession of a firearm in furtherance of a drug trafficking crime. 

According to court records, on February 4, 2020, the Stark County Sheriff’s Office received a complaint about a man, later identified as Jones, who appeared to be sleeping at the wheel of a vehicle in the 2900 block of Maple Avenue Northeast, Canton, Ohio. A law enforcement officer approached the vehicle to check on the driver and, upon arrival, identified Jones as unconscious in the driver’s seat with the vehicle still running. Jones was subsequently arrested after failing a field sobriety test. 

Law enforcement officers conducted a search of the vehicle and recovered approximately 7,093 grams (16 pounds) of methamphetamine, 108 grams of a heroin and fentanyl mixture, 7 kilos of marijuana and 29 hits of LSD. In addition, on the front passenger seat of Jones’s vehicle, officers recovered a loaded, semi-automatic pistol. 

Jones was found guilty after a trial by jury convicted him of four counts of possession with intent to distribute controlled substances and one count of possession of a firearm in furtherance of a drug trafficking crime in November of 2020. 

This case was investigated by the Stark County Metro Narcotics Unit, FBI, Stark County Sheriff’s Office, Jackson Township Police Department and Canton Police Department. This case was prosecuted by Assistant United States Attorney Toni Beth Schnellinger Feisthamel. 

A Northfield, Ohio man made his initial appearance in federal court today after a federal grand jury sitting in Cleveland handed down a six-count indictment alleging that he participated in a conspiracy to send drug-infused letters to federal inmates at the Federal Correctional Institute in Edgefield, South Carolina (FCI Edgefield), in exchange for payments.

The indictment charges Frank GORDON III, age 64, of Northfield and Shawn GILREATH, age 45, a federal inmate at FCI Edgefield, with conspiracy to provide and possess prohibited objects in federal prison; conspiracy to distribute and possess with intent to distribute controlled substances and controlled substance analogues; two counts of distribution of a controlled substance and two counts of distribution of a controlled substance analogue.

GORDON III entered a plea of not guilty to counts 1-6 of the indictment and was released on a $20,000 bond. GILREATH will have his initial appearance on March 23 before Magistrate Judge Thomas M. Parker.

The indictment alleges that GILRTEATH was a federal inmate incarcerated at FCI Edgefield, and from time to time, GORDON III would mail letters infused with controlled substances and controlled substance analogues, such as synthetic cannabinoids, to GILREATH and other inmates at FCI Edgefield in exchange for payments.

The indictment states that once a letter was received, it could be broken down into smaller pieces and ingested or distributed to other inmates.

According to the indictment, from March through December of 2020, GORDON III mailed a series of these drug-infused letters from the Northern District of Ohio addressed to GILREATH and other inmates at FCI Edgefield. Investigators seized and inspected these letters and found that that they contained detectable amounts of controlled substances and analogues. Each letter contained various photographs and bore a return address for GORDON III' s residence in the Northern District of Ohio.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This case was investigated by Northern Ohio Law Enforcement Task Force (NOLETF) and the Bureau of Prisons. Assistance was provided by the Summit County Sheriff’s Office. This case is being prosecuted by Assistant United States Attorney James P. Lewis.

 

A Parma Heights man has been charged in federal court for selling fentanyl to a Middleburgh Heights man that resulted in a fatal overdose. Marcus L. Sanders, age 23, of Parma Heights, was charged in a superseding five-count indictment with distribution of fentanyl, with a sentencing enhancement alleging the sale resulted in death; possession with intent to distribute fentanyl; possession with intent to distribute heroin fentanyl, N-butyl Pentylone, and cocaine and two counts of possession with intent to distribute marijuana.

According to the affidavit in support of the criminal complaint, on May 3rd, 2020, Middleburg Heights Police responded to a call for a suspected overdose at a residence. Upon arrival, the male overdose victim was treated with Narcan and transported to the hospital, where he was later pronounced dead. Law enforcement searched the victim’s phone and reviewed a series of text messages between the victim and a reoccurring number, later alleged to be the defendant. After reviewing the messages, law enforcement determined that on May 2nd  and May 3rd, the victim and the defendant allegedly arranged a drug transaction for narcotics.

On May 18th, law enforcement investigators sent a message to the defendant from the victim’s phone, arranging for the purported purchase of narcotics. Investigators conducted surveillance of the defendant’s residence and observed as he traveled to the victim’s home to complete the transaction. Upon arrival at the victim’s address, the defendant was arrested and searched. The defendant allegedly had in his possession fentanyl, heroin, N-butyl Pentylone, cocaine and marijuana.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Middleburg Heights Police Department and the DEA. This case is being prosecuted by Assistant U.S. Attorney James P. Lewis.         

 

Acting United States Attorney Bridget M. Brennan announced today that sitting Cleveland City Council member Kenneth JOHNSON, age 74, of Cleveland, was arrested this morning by law enforcement agents with the Cleveland Division of the FBI after a federal grand jury handed down a fifteen-count indictment charging JOHNSON with violations related to federal program theft. Two additional defendants were also charged in the indictment.

“The allegations set forth in today’s indictment detail the exploitation of public office for personal gain,” said Acting U.S. Attorney Bridget M. Brennan. “Such conduct may bring about a temporary financial benefit for those involved, but it harms the public’s confidence in its elected officials. Where an elected official is alleged to have disregarded their oath and obligations, the public should remain confident that we will not disregard ours.  Allegations of public corruption will be thoroughly investigated and brought before the court for a final resolution.” 

“These individuals are accused of developing and implementing schemes to defraud hardworking American federal taxpayers,” said FBI Special Agent in Charge Eric B. Smith.  “Citizens should have confidence that their elected representatives are ethical and law abiding, not enriching themselves through graft and deceit.  The FBI will continue to root out fraudsters that portray themselves as civil servants and hold them accountable.”

“This indictment represents our continuing resolve to root out fraud and corruption in all forms, particularly when the programs involved should have been used to help our neediest families and the communities in which they live,” said HUD OIG Special Agent in Charge Brad Geary. “It is our continuing core mission to work with our law enforcement partners and the United States Attorney’s Office to protect the integrity of our housing programs and to take strong action against those who seek to illegally benefit from them.”

“When public officials choose to betray the public’s trust for personal gain, our system of government is negatively impacted,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Therefore, in partnership with the U.S. Attorney’s Office and our law enforcement partners, IRS Criminal Investigation gives priority to investigations involving the alleged breach of the public trust by government officials at any level.”

The indictment charges JOHNSON with two counts of conspiracy to commit federal program theft; six counts of federal program theft; five counts of aiding and assisting in the preparation of false tax returns; one count of tampering with a witness and one count of falsification of records in a federal investigation. Defendant JOHNSON was elected to serve as a Ward 4 Councilperson for the city of Cleveland. 

Defendant Garnell JAMISON, age 61, of Cleveland, is charged with one count of conspiracy to commit federal program theft; two counts of federal program theft; five counts of aiding and assisting in the preparation of false tax returns; one count of tampering with a witness and one count of falsification of records in a federal investigation. JAMISON worked for the city of Cleveland as JOHNSON’s Executive Assistant, a position he held for over 20 years.

Defendant John HOPKINS, age 57, of Cleveland Heights, is charged with one count of conspiracy to commit federal program theft and three counts of federal program theft.  HOPKINS was Executive Director of The Buckeye Shaker Square Development Corporation.

Robert Fitzpatrick worked for the city of Cleveland in the Division of Recreation. Fitzpatrick was charged in a Bill of Information for his role in the scheme and pleaded guilty on February 8, 2021.

According to the indictment, from January of 2010 through October of 2018, defendants JOHNSON, JAMISON, Fitzpatrick, and others known and unknown to the Grand Jury, are accused of conspiring together to commit federal program theft in order to enrich themselves and others. JOHNSON and his conspirators are accused of inducing the city of Cleveland to issue reimbursement checks from the city’s general fund to JOHNSON for Ward 4 maintenance expenses that were never actually performed. From July 2009 to June 2019, the city received Community Development Funds via the Department of Housing and Urban Development (HUD) that were deposited into the city’s general fund.

The indictment states that around 2010, JOHNSON and JAMISON approached Fitzpatrick and asked him to perform maintenance services in Ward 4. These tasks included cutting grass, checking on properties, assisting with snow removal and looking for potential homes that could be renovated and sold for a profit. Fitzpatrick performed these services for approximately six weeks and was never paid by JOHNSON nor JAMISON. Fitzpatrick did not perform any ward services after the initial six weeks and continued to receive his salary from the city.

It is alleged that JAMISON regularly delivered timesheets to Fitzpatrick that purported to reflect the hours and maintenance services he performed in Ward 4 and instructed him to sign them. Fitzpatrick complied, even though he did not actually perform any ward services beyond the initial six weeks.

As part of the alleged conspiracy, JAMISON delivered these timesheets to JOHNSON for his approval and JOHNSON included them with his “Council Member Expense Reports,” which were submitted to the city in order for reimbursement as eligible council-related expenses. In addition, JOHNSON attached receipts to his expense reports that made it appear that he had paid Fitzpatrick, in cash, for Ward 4 services. These receipts purportedly bore Fitzpatrick’s signature.

From January of 2010 through October of 2018, the indictment alleges that JOHNSON requested the maximum reimbursement – $1,200 – each month on his expense report for ward services that Fitzpatrick seemingly had performed. Based on records, the city issued $1,200 in monthly expense reimbursement checks to JOHNSON, totaling approximately $127,200. According to the indictment, each reimbursement check from the city was deposited into a personal bank account owned by JOHNSON.

JOHNSON is also charged for a conspiracy to commit theft of federal program funds dispersed to The Buckeye Shaker Square Development Corporation (BSSDC) via community block grants. The indictment states that, from September of 2013 through June of 2019, JOHNSON, HOPKINS and three other unnamed persons (known to the Grand Jury but not charged) conspired together to commit federal program theft.

The defendants and their co-conspirators are accused of creating fraudulent documents, including timesheets, and causing BSSDC to issue checks to the three unnamed persons to which they were not entitled. JOHNSON was either directly related or the court-appointed guardian for the three unnamed persons. 

Furthermore, the indictment states that from in or around December 2013 to in or around March 2018, HOPKINS signed no less than approximately $50,000 in BSSDC checks issued to third parties, including the three unnamed persons. These checks were later deposited or transferred into bank accounts held and controlled by JOHNSON.

Federal law and the city’s conflict of interest prohibitions related to the distribution and receipt of the Community Development Funds prohibit any person, or family of a person, who was an employee, agent, consultant, officer, or elected official or appointed official of the BSSDC or the city, from personally benefitting from the funds.

Counts 9 through 13 of the indictment charge JOHNSON and JAMISON with falsifying JOHNSON’s Individual Income Tax Return, Form 1040, for the calendar years of 2014 through 2018. JOHNSON and JAMISON allegedly failed to report additional income from their scheme and inflated the value of JOHNSON’s itemized deductions.

The final two counts of the indictment accuse JOHNSON and JAMISON of witness tampering and falsifying records in a federal investigation.

On or about October 2, 2020, JOHNSON, who was the court-appointed guardian of a fourth unnamed person, and JAMISON attempted to corruptly persuade this person by providing false and fraudulent information and records purporting to document charitable donations made by JOHNSON, and other material information, with the intent to influence this person’s testimony.

JOHNSON and JAMISON are also accused of creating a fraudulent donation receipt intended to obstruct the investigation into this matter and influence a grand jury proceeding.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This case was investigated by the Cleveland Division of the FBI, Department of Housing and Urban Development Office of Inspector General and IRS-Criminal Investigation. This case is being prosecuted by Assistant United States Attorneys Justin Seabury Gould and Megan R. Miller.