Northern District of Ohio

A Youngstown man with prior convictions for drug trafficking, possession of heroin and assault on a peace officer was charged in a seven-count indictment handed down by a federal grand jury in Cleveland today. Raphael Ortiz, age 40, was charged with possession with intent to distribute fentanyl, distribution of fentanyl, using and maintaining a drug premise, possessing firearms in furtherance of a drug trafficking crime and as a felon in possession of firearms.

According to the affidavit in support of the criminal complaint, on January 6, 2021, law enforcement officers with the FBI, Mahoning Valley Violent Crimes Task Force (MVVCTF) and Mahoning Valley Law Enforcement Task Force (MVLETF) executed a search warrant at the defendants’ Youngstown-area residence. During the execution of the warrant, law enforcement investigators discovered a semi-automatic pistol and approximately $26,000 in cash.

That same day, law enforcement officers executed a second and third search warrant at

two additional residences known to be used for the distribution and storage of narcotics by the defendant. During the execution of these search warrants, the affidavit states that investigators discovered approximately 2.8 kilograms of fentanyl, a Sig Sauger semi-automatic pistol, Remington pump-action shotgun, Springfield Armory semi-automatic pistol, Smith & Wesson semiautomatic rifle, and a Springfield Armory semiautomatic rifle.

The defendant is prohibited from possessing firearms due to a 2008 conviction for drug trafficking and 2004 convictions for possession of heroin and assault on a peace officer.

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 FBI and Mahoning Valley Law Enforcement Task Force.  The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.

A federal grand jury sitting in Cleveland handed up a six-count superseding indictment charging Theodore Lutton, age 60, and Christine Lutton, 63, both of Rogers, Ohio, with various violations after law enforcement investigators search their property in October of 2020. Investigators found Theodore Lutton illegally in possession of 27 firearms, an explosive device and a deceased bald eagle, a violation of the Bald and Golden Eagle Protection Act.

The indictment charges Theodore Lutton with felon in possession firearms, possession with intent to distribute cocaine, possession with intent to distribute methamphetamine and cocaine, possession of  a destructive device and unlawful possession of a bald eagle. Christine Lutton is charged with one count of unlawful possession of a red-tailed hawk.

According to the affidavit in support of the criminal complaint, on October 30, 2020, FBI agents executed a search warrant on the person of Theodore Lutton and his residence in Rogers, Ohio. Inside the home, investigators state that they located approximately 20 firearms, blasting caps for initiating an explosive device, a hand grenade, three ballistic Kevlar vests, a dead bald eagle and an improvised explosive device with screws taped to the exterior. Theodore Lutton is prohibited from possessing a firearm due to a prior felony conviction for possession with the intent to distribute marijuana.

Theodore Lutton was not present at the residence at the time of the search and investigators spoke to his wife, Christine Lutton. It is alleged in the indictment that Christine Lutton was unlawfully in possession of a deceased, frozen red-tailed hawk without a permit, a violation of the Migratory Bird Treaty Act.

Law enforcement located Theodore Lutton and arrested him at another residence in Sharon, Pennsylvania. Investigators searched the second residence and found an additional two rifles and a handgun. In total, law enforcement seized 27 firearms alleged to have been unlawfully in the possession of Theodore Lutton.

As a result of these offenses, Lutton must forfeit any and all firearms and ammunition involved in or used in the commission of these offenses.

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 FBI and Columbiana County Sheriff’s Office.  This case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis and Assistant U.S. Attorney Brad Beeson.

Acting United States Attorney Bridget M. Brennan announced today that Kadeem Davis, 31, of Cleveland, was sentenced to 30 years imprisonment by U.S. District Court Judge Sara Lioi. Davis was found guilty after a trial by jury of one count of distribution of fentanyl and heroin, with a sentencing enhancement alleging the sale resulted in death, two counts of use of a communication facility in furtherance of drug trafficking and one count of possession of fentanyl and heroin with intent to distribute.

“Thousands of lives have been lost and an untold amount of pain and suffering has been endured by friends and families in this District and throughout the country as a result of the opioid epidemic,” said Acting U.S. Attorney Bridget M. Brennan.  “Drug dealers who exploit the vulnerabilities that addiction creates should be prepared to serve lengthy prison sentences.”

According to an affidavit in this case, on August 21, 2018, Lakewood police were called to respond to a residence for a report of a male who had overdosed. Police and paramedics found the victim at the scene, unconscious and shallowly breathing. Paramedics administered Narcan, and the victim was transported to the hospital, where he later died.   

Police began an investigation into this incident and recovered suspected heroin and a cell phone in the victim’s room. The suspected heroin later tested positive as a mixture of heroin and fentanyl.  Police examined the victim’s cell phone and located a text message conversation indicative of the victim reaching out to a contact labeled as “Dopeman.” The context of the conversation indicated that ‘Dopeman” had met with the victim and sold him the heroin and fentanyl mixture.

On August 22, police sent a message to “Dopeman” posing as the victim in order to attempt to obtain more narcotics. Police, acting as the victim, requested the same “heroin” as the day before and arranged a meeting at a local Burger King. After confirming that Davis was, in fact, “Dopeman”, he was arrested by police.

Davis was found to be in possession of the cell phone that “Dopeman” was using and a plastic bag containing a purple powder similar to the substance found in the victim’s room. The substance later tested positive for a mixture of heroin and fentanyl. A search warrant was subsequently obtained for Davis’s cell phone records, and he was found to be in close proximity to the victim on the same day and around the same time of the overdose.

This case was investigated by the Lakewood Police Department. It was prosecuted by Assistant U.S. Attorneys Kevin P. Pierce and Segev Phillips.

A Cleveland man pleaded guilty in federal court on Tuesday to conspiracy to possess with the intent to distribute approximately three kilograms of cocaine. Jose Alfonzo Lopez, age 30, of Cleveland, Ohio, pleaded guilty to both counts of an indictment charging him with conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine.

According to the affidavit in support of the criminal complaint, in March of 2019, law enforcement officers began to suspect that Lopez was a drug supplier to several known drug dealers in the Cleveland area. Law enforcement began surveillance of a drug dealer they suspected was being supplied by a man later identified as Lopez. Throughout the course of several months, investigators utilized surveillance measures and controlled buys of cocaine from the dealer and learned that he was receiving his drugs from Lopez.

On November 8, 2019, law enforcement officers obtained and executed a search warrant for the Cleveland-area residence of Lopez. During the execution of the warrant, investigators seized approximately 3.2 kilograms of a substance that was later tested positive as cocaine.

Lopez is scheduled to be sentenced on June 15. 

The investigation preceding the indictment was conducted by the Northern Ohio Law Enforcement Task Force (NOLETF) and the Cleveland Division of the FBI. The case is being prosecuted by Assistant United States Attorney Patrick P. Burke.

Acting U.S. Attorney Bridget M. Brennan announced today that Loyd T. Turks, Jr., 26, of Lima, Ohio, was sentenced to 144 months imprisonment by U.S. District Court Judge Jack Zouhary. Turks pleaded guilty to one count of distribution of fentanyl, methylfentanyl, heroin and cocaine; one count of distribution of methylfentanyl; one count of distribution of cocaine and two counts of distribution of U47700, a Schedule I controlled substance.

“This case illustrates that our message bears repeating: fentanyl and fentanyl analogues are mixed into other drugs, including heroin and cocaine, which increases the likelihood that fatal overdoses will result,” said Acting U.S. Attorney Bridget M. Brennan. “We will continue to seek significant prison sentences for those who distribute this poison in our communities.”

On August 22, 2017, law enforcement agents received information from two individuals, Person #1 and Person #2, that Loyd Turks was a drug dealer in Lima, Ohio, who sold large quantities of illegal narcotics. Person #1 and Person #2 then conducted a controlled buy of cocaine from Turks and the next day, unbeknownst to law enforcement, Person #1 contacted Turks and purchased what was believed to be heroin. Person #1 ingested the suspect-heroin and subsequently overdosed. Person #2 found Person #1 unconscious and called 911. Emergency crews arrived and administered Narcan and Person #1 was revived and transported to the hospital. A sample amount of the drug ingested was retrieved and turned over to law enforcement, as well as a blood sample from Person #1.

Person #1 interviewed with law enforcement following the incident and informed the officer that Turks had forced Person #1 to ingest the substance in order to prove that he was not working with law enforcement. Person #1 agreed to recontact Turks and request to buy the same substance that had caused the overdose.

On August 24, 2017, a meeting was arranged to complete the transaction, and upon his arrival, Turks was arrested. Investigators searched Turks and found in his possession a white powdery substance. The substance found on Turks, the sample taken from the scene of the overdose and the blood sample of Person #1 all tested positive for a mixture of U47700 and fentanyl analogues.

Turks pleaded guilty to all five counts of the indictment in October of 2020.

This matter was investigated by the Federal Bureau of Investigation and the West Central Ohio Crime Task Force. The case was prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman and Michael J. Freeman.  

Acting U.S. Attorney Bridget M. Brennan announced today that Matthew Passalaqua, age 52, of Cuyahoga Falls, Ohio, was sentenced by U.S. District Court Judge Christopher A. Boyko to 80 months imprisonment after he pleaded guilty to receipt and distribution of visual depictions of real minors engaged in sexually explicit conduct.

“Any person using the ‘anonymity’ of the internet to prey upon our children is a danger to the entire community,” said Acting United States Attorney Bridget M. Brennan.  “Every instance in which we identify and bring a child predator to justice should serve as a message to any other potential offender - our work continues and we will ensure that those who commit crimes against children are held accountable.”

"Possessing and distributing the sexually explicit photos of minors is incomprehensible,” said FBI Special Agent in Charge Eric B. Smith. “Unfortunately, the peddlers and producers of these horrific images persist.  Those who participate in this illegal trade should know the FBI and our law enforcement partners will never cease in our efforts to identify online child predators and ensure they are brought to justice for their unfathomable crimes against children."

According to court records, in September of 2019, Passalaqua began an online conversation with an undercover FBI agent on a mobile communication application. Passalaqua, using an online alias, expressed interest in talking about sexually explicit pictures of children and the undercover agent’s purported ten-year-old son and eight-year-old daughter.

Throughout the course of several days, Passalaqua sent the undercover agent multiple videos and images depicting real minors engaged in sexually explicit conduct and a picture of himself. FBI agents identified Passalaqua through a series of subpoenas that produced the IP address and home address associated with his online username.  On November 15, 2019, FBI agents contacted Passalaqua at his place of business and executed a search warrant for his person. Passalaqua agreed to an interview with the agents and confirmed that he had communicated with the undercover officer and sent the picture of himself.

Passalaqua pleaded guilty to one count of receipt and distribution of visual depictions of real minors engaged in sexually explicit conduct in October of 2020.

This matter was investigated by the Cleveland Division of the FBI and was prosecuted by Assistant United States Attorney Carol M. Skutnik.

 

Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury in Cleveland returned a three-count indictment charging Oliver Smith, age 51, of Youngstown, Ohio, with possession of explosive devices, felon in possession of a firearm and possession of an unregistered silencer.

“This defendant allegedly possessed multiple, functional improvised explosive devices that presented a significant and unacceptable threat to others,” said Acting U.S. Attorney Bridget M. Brennan. “We are incredibly grateful to law enforcement for safely locating and securing these devices before anyone was seriously injured or killed.”

"This individual acquired dangerous explosive materials and firearms which he was prohibited from possessing,” said FBI Special Agent in Charge Eric B. Smith. “As in this case, the FBI encourages the public to report information like this to law enforcement and to stay alert for suspicious or criminal activity."

According to court documents, in October of 2020, the Adult Parole Authority (APA) and law enforcement agents learned that the defendant allegedly had in his possession a firearm with an attached silencer at his Youngstown-area residence. At the time of the incident, the defendant was on  Community Control under the supervision of the APA related to a previous conviction of drug possession and was prohibited from possessing a firearm due to a previous conviction of aggravated assault.

Law enforcement agents conducted a home visit and searched the defendant’s residence under the authority of the APA. The affidavit in support of the criminal complaint states that during the search, law enforcement officers located and seized multiple rounds of ammunition and a firearm with an attached silencer that was not registered in the National Firearms Registration and Transfer Record, as required by law.

After learning more information about additional potential weapons in the defendant’s residence,  law enforcement agents with the FBI executed a second search of the property. Officers recovered two arrows, which were allegedly modified and filled with explosive powder, wrapped in tape with nails, and tipped with detonators. Upon examination by FBI agents trained in explosive devices, these arrows were determined to be functional and could explode on impact.

Additionally, agents recovered two devices allegedly filled with explosive powder and ball bearings. Upon examination by FBI agents trained in explosive devices, these devices were determined to be functional and would explode upon electrical initiation, propelling the ball bearings as shrapnel.

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 APA and the FBI. This case is being prosecuted by Assistant United States Attorney Duncan T. Brown.

Acting U.S. Attorney Bridget M. Brennan announced today that a grand jury sitting in Cleveland, Ohio returned an eleven-count indictment charging Samir Wahib, age 53, of Canfield, and Joni Canby, age 62, of Poland, for their roles in a scheme to defraud Medicare and Medicaid and obtain reimbursement for testing that was not medically necessary.

Michelle Kapon, age 41, of Youngstown, was also named in the indictment, but charged separately in a bill of information for conspiring with Wahib and Canby to accept kickbacks from Wahib.

“These defendants are physicians accused of orchestrating a scheme to defraud a tax-payer funded health care benefit program created to assist vulnerable populations,” said Acting U.S. Attorney Bridget M. Brennan. “Their alleged conduct, which included kickbacks and medically unnecessary testing, was designed specifically to enrich themselves. We are grateful for the hard work of the investigating agencies who, like us, are dedicated to bringing allegations of fraud and illegal kickbacks before the Court.”

“The payment of kickbacks is a corrupt and illegal practice that inappropriately influences an individual or entity’s capacity to make unbiased decisions, which is of particular concern in the health care environment,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General -  Chicago Region. “Kickbacks can result in the overutilization of diagnostic testing and other services that ultimately lead to an increase in program costs, waste valuable tax-payer dollars, and can expose patients to medically unnecessary services. The OIG will continue to work with our law enforcement partners to ensure that those who choose to engage in this type of practice are held accountable.”

“These doctors schemed and defrauded a taxpayer-funded program that assists individuals in obtaining needed healthcare,” said FBI Special Agent in Charge Eric B. Smith. “Healthcare fraud is a concern to all of us; our tax dollars should be utilized responsibly, not to line the pockets of greedy physicians.  The FBI will continue to work with our partners to ensure healthcare fraud is rooted out and those responsible answer in a court of law”

“Subjecting patients to unnecessary tests is bad medicine,” Ohio Attorney General Dave Yost said. “Stealing from taxpayer-funded healthcare while doing so is criminal, and that’s when we, and our federal law enforcement partners, come in.”

The indictment charges defendants Wahib and Canby with conspiring with Kapon to solicit, receive, offer and pay kickbacks in connection with a federal health care program; and it charges Wahib and Canby with conspiracy to commit health care fraud and health care fraud. Defendant Wahib is also charged with obstruction of a criminal investigation of federal health care offenses, as well as four additional counts of paying kickbacks in connection with a federal health care program. Defendant Canby is charged with two additional counts of receipt of kickbacks in connection with a federal health care program.

At the time of the allegations, Wahib was a Doctor of Osteopathic Medicine and an obstetrics and gynecological (“OBGYN”) specialist; Canby was a Doctor of Osteopathic Medicine and an OBGYN specialist and Kapon was a Doctor of Medicine.  All three physicians were licensed in the State of Ohio and practiced medicine in the Youngstown area.    

According to the indictment, Wahib is accused of conspiring, from March of 2014 through January of 2017, to pay kickbacks to Canby and Kapon to induce them to order gonorrhea and chlamydia testing to be performed by Wahib on specimens of Canby’s and Kapon’s patients. Wahib allegedly then billed and was paid by the federal government for this testing.  Wahib and Canby are also accused of conspiring, through this scheme, to test Canby’s and Wahib’s patients when it was medically unnecessary to do so.

The indictment alleges that Wahib paid Canby and Kapon per specimen that they sent to him for testing. Wahib would then submit claims for reimbursement through the Medicaid and Medicare programs. Furthermore, Wahib allegedly provided Kapon, who was not an OBGYN specialist, with compensation in kind in the form of supervision of her OBGYN treatment of patients at a Youngstown-area hospital.

Wahib allegedly paid kickbacks with checks drawn on his business checking account, which he attempted to disguise as “physician coverage” by noting this on the memo line of the checks. Wahib intended to make these checks appear that they were payment for Canby and Kapon having treated Wahib’s patients when he was unavailable.  The indictment further states that an employee and relative of Wahib, working on his behalf, provided Canby and Kapon with the necessary supplies to collect and retrieve the specimens.  That employee would also retrieve the specimens from Canby’s and Kapon’s offices and perform testing of the specimens on a specialized machine at Wahib’s medical office. 

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 United States Department of Health and Human Services - Office of Inspector General, the FBI, and the Healthcare Fraud section of the Ohio Attorney General’s Office.  The case is being prosecuted by Assistant U.S. Attorney Brendan O’Shea, and Special Assistant U.S. Attorney Jonathan Metzler of the Ohio AG’s Office.

Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury sitting in Cleveland returned an eight-count indictment charging Ernest Corrigan, age 57, and Andrew Householder, age 43, both of Kirtland, Ohio, with numerous federal drug trafficking and firearms charges.

Defendants Corrigan and Householder are both charged with conspiracy to possess with the intent to distribute controlled substances; possession with intent to distribute methamphetamine, heroin, cocaine and oxycodone and possession of a firearm in furtherance of a drug trafficking crime. In addition, defendant Corrigan is charged as a felon in possession of a firearm and ammunition.

According to court documents, in June of 2020, law enforcement agents identified the defendants as known traffickers of methamphetamines in Ohio and began surveillance measures.  From August through December of 2020, law enforcement officers conducted a number of controlled buys of methamphetamines from a residence used by the defendants. On December 30, 2020, a search warrant was obtained for the residence used by the defendants. During the execution of the search warrant, law enforcement agents allegedly obtained more than a kilogram of methamphetamine and detectable amounts of heroin, cocaine and oxycodone. In addition, agents recovered 16 firearms, including AR-15 style rifles, sniper rifles, shotguns, and handguns; thousands of rounds of ammunition of all calibers and approximately $4,000 in cash.

While searching the residence, law enforcement agents also discovered a methamphetamine lab and pill press allegedly used to make counterfeit Adderall pills, which contained methamphetamine. 

Defendant Corrigan is prohibited from possessing a firearm due to two previous federal convictions for trafficking methamphetamine and a conviction for the possession of a firearm in furtherance of a drug trafficking.

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 Federal Bureau of Investigation, Ohio Attorney General’s Office, Geauga County Sheriff's Office and Cleveland Heights Police Department. This case is being prosecuted by Assistant U.S. Attorney Kevin P. Pierce.

This effort was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury sitting in Cleveland returned a three-count indictment charging Dewayne Taylor, age 31, of Harrisburg, PA, with forcibly assaulting, resisting, opposing, impeding or interfering with federal law enforcement officer; using, carrying, and brandishing a firearm during and in relation to a crime of violence; and being a felon in possession of a firearm.

According to court documents, on December 11, 2020, members of the United States Marshals Service (USMS) Northern Ohio Violent Fugitive Task Force (NOVFTF) were searching for the defendant due to an arrest warrant issued by the State of Pennsylvania Parole Authority. NOVFTF officers received information that the defendant was at a Walmart in the city of Cleveland and attempted to make an arrest. During the attempt, it is alleged that the defendant noticed the NOVFTF members, got into his vehicle, and pointed a firearm at one of the officers. In response, some of the NOVFTF members discharged their firearms, striking the defendant in the shoulder. The NOVFTF members rendered first aid until EMS arrived and transported the defendant to the hospital.

The defendant is prohibited from possessing a firearm due to previous convictions for conspiracy to commit burglary and burglary in the in Dauphin County Court of Common Pleas in the Commonwealth of Pennsylvania.

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 was conducted by the United States Marshal’s Service Northern Ohio Violent Fugitive Task Force, the Cleveland Division of Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives and the matter is being prosecuted by Assistant United States Attorney Kelly L. Galvin.                                     

Federal law enforcement officials announced today that eight individuals were charged for their roles in a drug trafficking conspiracy that distributed at least 10 kilograms of cocaine and other drugs in the Lorain, Elyria and Cleveland areas. The charges were unsealed in two separate indictments. Seven defendants have been arrested and one, Mohammad HAMID, remains a fugitive.

“The cooperation between local and federal law enforcement has once again proven effective,” said Acting U.S. Attorney Bridget M. Brennan. “Anyone alleged to be selling cocaine, heroin or any other illegal narcotics in Cleveland, Elyria or Lorain should expect a strong law enforcement response.”

“Yesterday's enforcement operation was the culmination of an investigation that targeted narcotics-related crimes and drug trafficking in Lorain county,” said DEA Special Agent in Charge Keith Martin. “The arrests of these individuals puts drug dealers on notice that we will use whatever resources necessary to remove them, and the poisons they peddle, from our communities.”

The first indictment charges Fernando TALAVERA, age 42, of Parma Heights, and Harlan PAGE, age 29, of Westlake, with conspiracy to distribute and possession with the intent to distribute cocaine. In addition, defendant TALAVERA is charged as a felon in possession of a firearm.

The second indictment charges Prince BROWN, age 35, currently incarcerated; Robert STARR, age 27, of Lorain; Mohammad HAMID, age 33, of Avon Lake; Amos JACKSON, age 37, of Elyria; Darian LOPEZ, age 27, of Lorain and Devon GRANTHAM, age 26, of Elyria with conspiracy to distribute and possession with the intent to distribute controlled substances and use of a communication facility in furtherance of a drug trafficking crime. In addition, Defendant STARR is charged with two counts of distribution of cocaine and defendant BROWN is charged with one count of possession with intent to distribute heroin and as a felon in possession of a firearm and ammunition.

According to the charges, from January of 2019 to September of 2020, defendants TALAVERA and PAGE worked together to traffic at least five kilograms of cocaine in the Elyria, Lorain and Cleveland areas. Separately, defendants BROWN and  HAMID conspired together to supply at least five kilograms of cocaine and other amounts of heroin to other narcotics traffickers in their network. 

As part of the conspiracy and to reduce the risk of being detected by law enforcement, the defendants used cell phones obtained in the names of fictitious individuals and code words when discussing drug trafficking activity.

On the morning of January 28, law enforcement agents with the Northern Ohio Violent Fugitive Task Force (NOVFTF) assisted the DEA with apprehending the defendants and succeeded in placing seven of the eight in federal custody.

These arrests and indictments are related to an earlier investigation into drug trafficking in the Lorain county area. In July of 2020, 10 individuals were arrested in a conspiracy to distribute crack cocaine, cocaine and oxycodone throughout Elyria.

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 effort was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The matter was investigated by the Drug Enforcement Agency, Lorain county High Intensity Drug Trafficking Area (HIDTA), City of Lorain Police Department and City of Elyria Police Department. This case is being prosecuted by Assistant U.S. Attorney Vasile C. Katsaros.  

Acting U.S. Attorney Bridget M. Brennan announced today that a four-count indictment charging Gage Predojev, age 22, and Justin Duma, age 22, both of Akron, Ohio, with drug trafficking and firearm offenses was unsealed following the arrest of the defendants.

Gage Predojev was charged with one count of possession with intent to distribute controlled substances (THC) and one count of felon in possession of a firearm. Justin Duma was charged with one count of possession with intent to distribute controlled substances (psilocin) and one count of possession of a firearm in furtherance of drug trafficking.

In September of 2019, it is alleged that defendant Predojev drove from Michigan to Cleveland, Ohio, with approximately 10,000 THC vape cartridges in his vehicle. Defendant Predojev allegedly intended to distribute the vape cartridges in the Northern District of Ohio.

In October 2019, law enforcement agents executed a search warrant at the Akron-area residence of defendants Predojev and Duma and seized various controlled substances, including THC vape cartridges and 400+ grams of psychedelic mushrooms (psilocin); several firearms and ammunition; and $18,432.00 in cash. 

Defendant Predojev is prohibited from owning a firearm due to previous convictions of drug trafficking in the Summit 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 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 FDA – Office of Criminal Investigations in conjunction with the Ohio Attorney General’s Organized Crime Commission Major Crimes Task Force which consists of the Cuyahoga County Sheriff’s Department, Cuyahoga County Prosecutor’s Office, FDA-OCI, U.S. Postal Inspection Service and Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Aaron P. Howell.

 

Acting U.S. Attorney Bridget M. Brennan announced today that Teresa A. Weber, age 57, of Strasburg, Ohio, was sentenced to 24 months imprisonment by United States District Judge Solomon Oliver, Jr after she pleaded guilty to embezzling approximately $423,000 from her former employer.

According to court documents, from October of 2010 through November of 2018, Weber was employed at an evergreen nursery in Carroll County, Ohio, that grew, sold and distributed evergreen trees. During this time, Weber used her position to embezzle company funds in order to pay for personal expenses.

Court records state that Weber fraudulently conducted financial transactions on behalf of her employer, failing to disclose that the transactions were actually for her own personal benefit. In addition, Weber admitted to writing checks to her personal bank account from her employer's bank account; placed on these checks a signature stamp in the name of the business owner to make it appear that the transactions had been approved and concealed her fraudulent activity by manipulating the business checking ledger to make it appear that the checks had never been issued.

As a result of her actions, Weber fraudulently obtained approximately $423,000.00 from her former employer.

The investigation preceding this charge was conducted by the Canton Division of the FBI. The case was prosecuted by Assistant United States Attorney Brendan D. O'Shea.

 

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Cleveland, Ohio – Acting U.S. Attorney Bridget M. Brennan announced today that a federal indictment charging Adrian Joseph-Todd, age 25, of Okemos, Michigan, with one count of possession with intent to distribute tetrahydrocannabinols was unsealed this week following the arrest of the defendant.

“There is a well-known and documented connection between the consumption of THC vape cartridges and significant respiratory health issues that could cause lasting harm or even death,” said Acting U.S. Attorney Bridget M. Brennan. “These products must be taken seriously, and dealers of these illegal cartridges must be held accountable due to the potentially life-threatening health conditions they may cause.”

On September 20, 2019, it is alleged that the defendant drove from Michigan to Cleveland, Ohio, with over 1,000 THC vape cartridges in his vehicle.  The defendant allegedly intended to sell the vape cartridges in the Northern District of Ohio. In October of 2019, the Food and Drug Administration warned the public to stop using vaping products containing THC amid more than 1,000 reports of lung injuries—including some resulting in deaths—following the use of vaping products.  

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 matter was investigated by the FDA Office of Criminal Investigations in conjunction with the Ohio Attorney General’s Organized Crime Commission Major Crimes Task Force which consists of the Cuyahoga County Sheriff’s Department, Cuyahoga County Prosecutor’s Office, FDA OCI, U.S. Postal Inspection Service and Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Aaron P. Howell.

Today is a sad and devastating day for the city of Toledo and the entire law enforcement community as we mourn the loss of Toledo Police Officer Brandon Stalker. This is an unimaginable loss to the Toledo community, the Toledo Police Department and all who knew him. Words cannot describe the heartache and pain felt by the family and friends of Officer Stalker. I send my heartfelt condolences to his children, fiancée and family. 

Officer Stalker had only just begun his career as a public servant when he was tragically killed. Few professions demand not only the best of people, but that they go to work every day willing to sacrifice their own lives for the greater good. Law enforcement is certainly one of those professions.  Yesterday, Officer Stalker made the ultimate sacrifice.

The Department of Justice stands with the Toledo Police Department and offers our support during this difficult time. Tragically, this marks the second time in less than seven months that a member of the Toledo Police Department was killed in the line of duty as a result of firearms violence. Now, more than ever, and for the memory of Officer Stalker, let us show our support for the brave men and women in law enforcement who have chosen a profession that asks so much of them, their colleagues and their families.

Toledo is a safer community because of Officer Stalker and the nation mourns his loss.

A federal court in Ohio issued a temporary restraining order enjoining a Toledo, Ohio, pharmacy and two of its pharmacists from dispensing opioids and other controlled substances, the Department of Justice announced today.

In a civil complaint filed Jan. 6, 2021, and unsealed Jan. 14, 2021, in the Northern District of Ohio, the United States alleges that Shaffer Pharmacy, its pharmacist owner Thomas Tadsen, and pharmacist Wilson Bunton repeatedly dispensed opioids and other controlled substances in violation of the Controlled Substances Act. The complaint alleges that over a period of several years, the defendants dispensed highly addictive and highly abused prescription opioids while ignoring “red flags” — that is, obvious indications of drug diversion and drug-seeking behavior. U.S. District Judge Jack Zouhary granted the government’s request for a temporary restraining order, which was filed along with the complaint.

“Federal law requires pharmacists to ensure that the controlled substance prescriptions they fill are medically legitimate,” said Acting Assistant Attorney General Jennifer B. Dickey of the Justice Department's Civil Division. “The Department of Justice will continue to work with DEA and our law enforcement partners to combat the opioid crisis by holding accountable pharmacies that abandon their obligations.”

“The illegal prescribing or dispensing of narcotics by medical personnel only serves to further worsen the opioid epidemic in northern Ohio and increase the number of overdose deaths in our community,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio. “Allegations of prescription misuse continue to be a priority for this office, and offenders should expect significant consequences.”

“Dispensing controlled substances is a privilege that requires abiding by the law,” said Drug Enforcement Administration (DEA) Special Agent in Charge Keith Martin. “DEA is committed to ensuring that those who have pledged to follow our nation’s drug laws are living up to that responsibility.”

“We continue to face an uphill battle against drug abuse and addiction, and it is unthinkable that a licensed provider would contribute to this growing epidemic,” said Special Agent in Charge Eric B. Smith of the FBI, Cleveland Division. “Restraining the ability of these defendants to continue filling prescriptions without medical necessity is a significant step. The FBI will continue efforts to identify and hold accountable any medical professional that violates their legal obligation to do no harm when they engage in criminal misconduct."

The complaint alleges that the defendants failed to take steps required to resolve red flags and ensure the legitimacy of prescriptions before filling them. According to court documents, the prescriptions dispensed by the defendants often involved highly abused opioid painkillers such as oxycodone, hydrocodone, oxymorphone, buprenorphine, and fentanyl, often in dangerous combination with other prescription drugs such as benzodiazepines (i.e., sedatives indicated for the treatment of anxiety, such as Xanax), and muscle relaxants (e.g., carisoprodol, also known by its brand name, Soma). The complaint seeks civil penalties as well as a permanent injunction against the defendants.   

The claims made in the complaint are merely allegations that the United States must prove if the case proceeds to trial.

The United States is represented by Assistant U.S. Attorneys Patricia Fitzgerald and Angelita Cruz Bridges for the Northern District of Ohio, and Trial Attorneys Scott Dahlquist and Maryann McGuire of the Justice Department’s Consumer Protection Branch. This investigation is being conducted by the DEA, FBI, U.S. Department of Health and Human Services Office of Inspector General, the State of Ohio Board of Pharmacy, the Ohio Bureau of Workers’ Compensation, and the Ohio Attorney General’s Healthcare Fraud section.

My last day as United States Attorney coincides with a huge weekend for Ohio football.  Once again, the Browns and Buckeyes will be going into matchups with heavily-favored opponents, at seemingly impossible odds to succeed.  Once more, it feels like Ohio against the world.  When I started this job in 2017, that feeling extended to the broader community, beyond sports, in our great state.  Chinese fentanyl, brought to our doorsteps by Mexican cartels and peddled on our streets by gun-toting violent gangs, was killing thousands of Ohioans every year.  Heartless healthcare professionals, who had abandoned their oaths for profit, were driving addiction and flooding our neighborhoods with prescription painkillers.  Eastern European cybercriminals preyed on our senior citizens.  Corrupt public officials traded votes for cash and, yes, carrot cake.  White supremacists threatened our communities of faith and sought to incite a race war through their criminal actions. Terrorists plotted mass-casualty attacks.  And sex traffickers moved human beings like cattle from abuser to abuser.  But we have fought back.  We have locked up drug dealers, taken guns off the street, broken up cybercrime rings, and put away terrorists.  The bad guys are on the run and we will pursue them to the ends of the Earth.

Take heart Ohio.  We may feel that the world is against us, but we’ve beat long odds before.  When America needed to put a man on the moon, they called for an Ohioan.  When any NBA team needs to win a championship, they call for an Ohioan.  When a football team has needed to win a game, time and again throughout history, they have called on Ohioans.  And when our communities need someone to slug it out with the bad guys, they will always be able to call upon the great Ohioans who make up the ranks of our law enforcement agencies.

This may be my last day as U.S. Attorney, but the men and women of this office are always on your side, Ohio.

Go Browns.  Go Buckeyes.

U.S. Attorney Justin Herdman joined local and federal law enforcement leaders today for a ribbon-cutting ceremony to celebrate the grand opening of the Cleveland Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force facility. The new facility will allow police, federal investigators and both state and federal prosecutors to collaborate and share resources on investigations into criminal organizations at one central location.

Joining U.S. Attorney Herdman in the announcement were representatives from the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA); Cleveland Division of Police (CPD); Internal Revenue Service (IRS); United States Attorney's Office for the Northern District of Ohio (USAO-NDOH); Immigration and Customs Enforcement/United States Department of Homeland Security (ICE/HSI); United States Postal Inspection Service (USPIS); United States Marshals Service (USMS); United States Border Patrol (USBP); Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); High Intensity Drug Trafficking (HIDTA) Task Force; and Independence Mayor Gregory Kurtz and Police Chief Michael Kilbane.

“This new facility will allow members of the Cleveland OCDETF Strike Force to more efficiently share intelligence and coordinate resources on investigations into drug trafficking organizations and others responsible for violent crime in the city of Cleveland and the outlying suburbs,” said U.S. Attorney Justin Herdman. “I want to thank everyone involved in the planning, construction and operation of this facility. This building will greatly enhance our law enforcement presence and operational capacity for years to come.”

“As illicit drug production, transportation, and distribution plague our nation and the safety of our citizens, OCDETF remains the premier targeting, coordination, and intelligence platform for combatting high-level drug trafficking and its attendant violent crime,” said OCDETF Director Adam W. Cohen. “The Cleveland Strike Force does not just join 18 other OCDETF Strike Forces; it joins the largest anti-crime task force in the country. The Cleveland OCDETF Strike Force will bring to bear the full resources, authorities, and expertise of the OCDETF Program, maximizing its impact against priority threats.”

"Cleveland is one of the largest Strike Force's in the nation,’ said FBI Special Agent in Charge Eric Smith. “The need for such a capability comes as a response to a persistent and growing crime rate, but it also serves as a bulwark and a predictive unit to address the new threats we see ahead. This Strike Force represents the best of our combined efforts - law enforcement resources working violence, drugs, gangs, carjackings, and armed robberies -  TOGETHER - under one roof.  We know this unanimity of purpose and unity of effort will only enhance our efforts to combat, disrupt and dismantle criminal activity."

“The OCDETF Strike Force is another tool we are using to collectively combat those distributing poison throughout Ohio and committing violent acts to further their enterprise at the expense of the safety and security of our communities,” said DEA Special Agent in Charge Keith Martin. “We have already seen results from our collaborative efforts with our state, local and federal partners in Ohio and I fully expect this initiative to only get better. “

The organizational structure of the new facility allows for real-time, collaborative, centralized intelligence sharing between member agencies. Present in the facility are officers, investigators and prosecutors from the U.S. Attorney’s Office for the Northern District, FBI, DEA, HSI, IRS, ATF, U.S. Marshals Service, Cleveland Division of Police, Cuyahoga County Prosecutor’s Office, U.S. Postal Inspection Service, U.S. Border Patrol, the Ohio State Highway Patrol, the Ohio High Intensity Drug Trafficking Area, the Independence Police Department and several other local area law enforcement agencies.

Launched in 2018, the Cleveland OCDETF Strike Force brings together local police agencies, federal agents and prosecutors to work collaboratively on investigations into major criminal organizations and their subsidiaries trafficking narcotics, weapons, humans and the proceeds of those crimes. Cooperative investigations are focused on dissolving these organizations, their financial infrastructure, and the violence that accompanies their activities.

In addition, the Strike Force also targets violent street gangs involved in retaliatory homicides, carjackings, commercial robberies and other violent activities, as well as people and organizations involved in trafficking opioids.

 

U.S. Attorney Justin Herdman announced today that the Northern District of Ohio office collected $28,603,085.75 in civil and criminal actions in the fiscal year 2020 (FY 2020). Of this amount, $21,612,213.13 was collected in civil actions, and $6,990,872.62 was collected in criminal actions. 

Additionally, the U.S. Attorney’s Office for the Northern District of Ohio, working with partner agencies and divisions, collected $11,469,460.00 in asset forfeiture actions in FY 2020. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for various law enforcement purposes.            

Accordingly, a combined $40,072,545 was collected by the U.S. Attorney’s Office for the Northern District of Ohio in FY 2020.

“This year, when many of our processes and procedures were forced to change due to the pandemic, the Northern District was nonetheless able to recover a substantial number of funds from numerous civil and criminal judgments,” said U.S. Attorney Justin Herdman. “When we represent the United States of America and secure a collection judgment, we will seek to recover every dollar possible.” 

The Justice Department collected more than $15.9 billion in civil and criminal actions in FY 2020, ending Sept. 30, 2020. The $15,988,516,670 in collections in FY 2020 represents more than five times the approximately $3.2 billion appropriated budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period. The total includes all monies collected as a result of Justice Department-led enforcement actions and negotiated civil settlements. It includes more than $13.5 billion in payments made directly to the Justice Department and more than $2.4 billion in indirect payments made to other federal agencies, states and other designated recipients. 

Notable collections in fiscal year 2020 include:

The Cannon Corporation, aka Cannon Design, $9,000,000 

In 2016, Cannon Design agreed to pay a $12 million dollar penalty, implement a series of corporate reforms and divest itself from a large project to resolve the company’s criminal liability for the conduct of more than a dozen employees, including paying bribes and kickbacks to obtain confidential information related to Department of Veterans Affairs construction projects.

Mu Sigma, Inc, $1,600,000

This settlement resulted in a recovery of $1.6 million after a joint criminal investigation into an international analytics service company alleged to be illegally using B-1 visitor for business visas to circumvent the H1-B nonimmigrant worker visa cap. This was a joint investigation by the U.S. Attorney’s Office in the Northern District of Ohio, Northern District of Texas, Department of Homeland Security and the Department of State.

Alex Spirikaitis, $671,366.90

Spirikaitis was ordered to pay $15,000,000 in restitution in December of 2014 after entering a guilty plea to leading a conspiracy that defrauded a credit union out of $15 million. 

Donald R. Peyatt, $250,000 

Peyatt was ordered to pay $250,000 in restitution in August of 2019 after entering a guilty plea to making material false statements to the IRS regarding income from a scrap steel business he owned with another person. 

Ryan Driscoll, $208,693

Driscoll was ordered to pay $208,693.00 in restitution in July of 2020 after entering a guilty plea to running an illegal sports gambling business with others, laundering the proceeds and filing a false income tax return.

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. 

While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

U.S. Attorney Justin Herdman announced today that Matthew Paul Slatzer, age 36, of Canton, Ohio, was sentenced by Judge Donald C. Nugent to 27 months imprisonment, the maximum possible sentence allowable within the federal sentencing guidelines. Slatzer previously pleaded guilty to possession of a firearm by a person with domestic violence conviction. 

"This defendant is well known within the community as an individual with a hateful ideology prone to threaten violence towards law enforcement and others based on race, religion or sexual orientation," said U.S. Attorney Justin Herdman. "These hateful beliefs, combined with a history of actual violence, make the defendant a threat to the community and the entirety of the Northern District. We are grateful for the maximum possible sentence in this matter that will keep the defendant in federal prison where he can no longer threaten or harm others."  

"Possession of a firearm by someone with a violent criminal history, who continues to espouse hate and threaten law enforcement is reprehensible," said FBI Special Agent in Charge Eric B. Smith. "Hate towards any group must not and will not be tolerated. Today's sentencing is another example that shows the FBI is committed to investigating and holding accountable those like Mr. Slatzer, who engage in these types of acts. We will continue to work with our law enforcement partners to ensure justice is served."

According to court documents, on February 2, 2020, Canton Police responded to a report of an intoxicated man with a firearm at a bar on Harrison Avenue NW in Canton, Ohio. Police arrived on the scene, contacted Slatzer, who was intoxicated, and collected the firearm. Slatzer was then arrested for possession of a firearm in a liquor permit establishment. Slatzer also possessed a weapon holster, knife, OC spray and ammunition. 

Slatzer is prohibited from possession of a firearm due to a previous conviction of domestic violence on October 20, 2010, in the Stark County Court of Common Pleas.

According to a sentencing memorandum filed by the U.S. Attorney's Office in this case, on May 3, 2020, Slatzer was involved in an incident in Stow, Ohio, at a Dollar General while on a pretrial release in a state case. The memorandum states that Slatzer entered the store with a hatchet and a sword and asked a store employee for directions to Kent State University. Slatzer remarked to the employee that he was told there were "a lot of Jews at Kent State." Slatzer then stated he was an Aryan brother and that he was going to Kent State University to find some Jews.

The memorandum further states that during a previous arrest, Slatzer threatened to kill the arresting officers, remarking that "he would kill each pig one by one" after making racist and homophobic statements. Later, while incarcerated at Northeast Ohio Correctional Center, Slatzer made several phone calls stating that he wanted to "figure out how to smuggle a gun in here" and that when he gets out, if he has contact with officers again, he will "have to kill 'em."

The sentencing memorandum asked the Court not to consider Slatzer's political views or beliefs in a sentencing determination, but rather the danger posed to the community due to these views and beliefs.

This case was investigated by the Federal Bureau of Investigation and the Canton Police Department.  The case is being prosecuted by Assistant U.S. Attorney Toni Beth Schnellinger Feisthamel.

U.S. Attorney Justin Herdman announced the final update on Operation Legend law enforcement activities in the city of Cleveland today. 

"In the city of Cleveland, Operation Legend has seen the arrest of 122 drug traffickers, firearms offenders, domestic violence convicts and other violent criminals this year,” said U.S. Attorney Justin Herdman. "Of this total, 61 defendants have been charged with narcotics-related offenses, 57 have been charged with firearms-related offenses and four have been charged with other violent crimes. This has been a challenging year for law enforcement due to the obstacles presented by the coronavirus pandemic and the rise in violent crime rates across the country. However, thanks to the work of local federal investigators, prosecutors, Cleveland Police, local community leaders, and others involved in this commitment to reduce violent crime, more than 120 violent offenders have been removed from the streets of our city. I'm proud of what we have accomplished in just a few months and believe that we are in a great position to continue this work well into 2021 and beyond.  The resources provided to the city of Cleveland by Operation Legend are long-term and will not be going away anytime soon.  This city and our community are now a safer place to live thanks to Operation Legend."

Operation Legend was launched nationwide in Kansas City, Missouri, on July 8, 2020, and in the city of Cleveland on July 29, 2020. Since that time, over 6,000 arrests – including approximately 467 for homicide – have been made nationwide. More than 2600 firearms have been seized and more than 32 kilos of heroin, 17 kilos of fentanyl, 300 kilos of methamphetamine, 135 kilos of cocaine and $11 million in drug and other illicit proceeds have been seized.

Of the 6,000 individuals arrested, approximately 1,500 have been charged with federal offenses. Approximately 815 of those defendants have been charged with firearms offenses, while approximately 566 have been charged with drug-related crimes. The remaining defendants have been charged with various offenses.

Attorney General William Barr announced the operation as a sustained, systematic and coordinated law enforcement initiative, in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. Operation Legend is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.  

U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland has returned a two-count indictment charging Erika Vega Ramirez, age 31, of Toledo, Ohio, with conspiracy to possess with the intent to distribute controlled substances and attempted possession with the intent to distribute fentanyl.

“Fentanyl has killed thousands and thousands of Ohioans,” said U.S. Attorney Justin Herdman. “This defendant is alleged to have possessed enough fentanyl to kill 500,000 more. I am grateful for the actions of our law enforcement partners who prevented these deadly drugs from reaching the streets.” 

“Battling the distribution of synthetic drugs in the U.S. is one of the Postal Inspection Service’s highest priorities,” said Inspector in Charge Lesley Allison.  “This case proves Postal Inspectors and the Drug Enforcement Administration remain steadfast in their partnership to bring those who choose to distribute these illegal and dangerous narcotics to justice. This should serve as an example to criminals dealing in these dangerous and illegal substances that we are unwavering in our mission to identify and disrupt their illegal activity.”

“The defendant in this case had more than a kilogram of fentanyl in her possession — enough to give a deadly dosage to more than 500,000 people,” said DEA Special Agent in Charge Keith Martin. “Working with our federal partners at the U.S. Postal Service, we were no doubt able to save countless lives.”

According to court documents, on or about November 17, 2020, Postal Inspectors with the United States Postal Inspection Service (USPIS) identified a parcel suspected of containing drugs addressed to a residence on E. Broadway St in Toledo, Ohio. On November 18, A canine used to detect narcotics gave a positive alert on the parcel, and a search warrant was obtained. Inside the package, Inspectors discovered that the parcel allegedly contained 1001 grams of fentanyl.

On November 19, 2020, the criminal complaint states that law enforcement agents with the USPIS and Drug Enforcement Agency (DEA) conducted a controlled delivery of the parcel with the fentanyl replaced.

The criminal complaint states that an unidentified female, later identified as the defendant, opened the front door, accepted the parcel and brought it inside the residence. Shortly thereafter, Postal Inspectors and DEA task force officers executed a search warrant and detained the defendant.

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 defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including each defendant’s prior criminal record, if any, each 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 United States Postal Inspection Service and Drug Enforcement Agency. This case is being prosecuted by Assistant U.S. Attorney Deyana Unis.

U.S. Attorney Justin Herdman announced today that Brad Lewis Bradley, 40, of Detroit, Michigan, was sentenced by U.S. District Court Judge John R. Adams to 240 months of imprisonment after he pleaded guilty to possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking offense.

According to court documents, on September 12, 2019, Summit County Drug Unit detectives and Drug Enforcement Administration agents executed a search warrant at the defendant’s residence in Akron, Ohio, for suspected trafficking of fentanyl. The defendant was present at the residence upon arrival and stated that he possessed drugs and two firearms in the home. The defendant directed law enforcement agents to the drugs and weapons, where they found 221 grams of fentanyl, a loaded .40 caliber pistol and a loaded 9-millimeter pistol.

Law enforcement later learned that the defendant was living in Akron as a fugitive, using an alias to avoid prosecution from drug trafficking charges in Detroit.

Bradley was sentenced under a career offender enhancement by Judge Adams due to previous felony convictions for drug trafficking in Detroit.

This case was investigated by the Summit County Drug Unit and the Drug Enforcement Administration. This case was prosecuted by Assistant U.S. Attorney Aaron Howell.

Justin E. Herdman, United States Attorney for the Northern District of Ohio, announced today that he has submitted his resignation to President Donald J. Trump and Attorney General William P. Barr.

Herdman was sworn-in as United States Attorney on August 21, 2017 and will step-down on January 8, 2021. By operation of federal law, First Assistant U.S. Attorney Bridget Brennan will be sworn-in as Acting U.S. Attorney upon the effective date of Herdman’s resignation.

“I commend U.S. Attorney Justin Herdman for his distinguished service to the Justice Department and American people these past few years,” said Attorney General William P. Barr. “Justin is a consummate and principled public servant who has also served as an invaluable member of the Attorney General’s Advisory Council. His steadfast commitment to building safer communities and bringing justice to the citizens of Northern Ohio and our nation is unparalleled. Under his leadership, his office forged partnerships with federal, state and local law enforcement agencies to combat addiction and violence in his community. I wish him well in all his future endeavors.”

“To serve as U.S. Attorney for the Northern District of Ohio for these past three years has been a singular honor,” said U.S. Attorney Justin Herdman. “There are not many jobs where you can work every day to ensure the safety and well-being of millions of your neighbors and friends.  Northern Ohio is where I grew up, it is where my wife and I chose to raise a family, and it is where I have always wanted to spend my entire career.  To have been offered an opportunity to contribute, even in a small way, to the future of our community is the privilege of a lifetime.”

“I want to thank President Trump, Attorney General Sessions and Attorney General Barr for their confidence in me to lead this office.  I would also like to thank Senator Portman and Senator Brown, both of whom originally recommended me for this position and placed their trust in my abilities to serve all residents of northern Ohio.   I am also deeply appreciative of the men and women of the U.S. Attorney’s Office who have stood with me in carrying out the virtuous mission of the Justice Department. Their work and dedication to the pursuit of justice make our communities and country a better place to live.  As a person soon to re-enter private life, I am forever grateful for their vigilance in protecting the public.  Any credit for the accomplishments throughout my tenure as United States Attorney belongs to them and our law enforcement partners, and for that, they have my enduring thanks.”

The following are notable accomplishments achieved under U.S. Attorney Herdman’s leadership:

Enforcement Priority: Combatting Opioids & Narcotics Overdoses

As United States Attorney, Herdman’s chief priority was to focus on saving lives.  When he began his tenure in 2017, no area demanded more attention than the opioid epidemic and narcotics overdose crisis. Using a whole-of-office approach, Herdman established a Diversion Working Group to pursue unlawfully diverted prescription painkillers across the supply chain, which resulted in the precedent-setting use of the Controlled Substances Act’s civil provisions to enjoin healthcare professionals from illegal prescribing.  “I am particularly proud of the results of our Diversion Working Group,” said Herdman, “The hard work of those attorneys and investigators led to numerous prosecutions, convictions, and civil suits of irresponsible healthcare workers.  Their efforts have absolutely reduced the oversupply of prescription opioids in our district and have undoubtedly saved lives.”

Herdman also established a Dark Web Working Group, a multi-agency investigative team tasked with identifying online vendors of illicit narcotics, especially fentanyl and synthetic opioids, and holding them accountable.  These efforts have led to numerous prosecutions of dark web and online drug dealers, as well as charges against the Zheng drug trafficking organization, which is based in the People’s Republic of China and in July 2020 was designated under the Kingpin Act by the U.S. Department of Treasury.  Herdman also oversaw the nationally recognized Operation Darkness Falls initiative, which was a multi-agency effort designed to identify, investigate, and prosecute the highest-profile criminal targets operating on the dark net.  Given the record number of deaths stemming from the opioid epidemic, Operation Darkness Fall’s chief focus was on combatting fentanyl and other synthetic opioid dark net distributors.  Included among the successful prosecutions of this operation was the identification and prosecution of MH4Life, the most prolific fentanyl trafficker on the dark net, which had over 4,000 verified drug transactions on just three of the dozen dark net marketplaces where it was operating.

In October 2018, the Department of Justice announced that Cleveland would be the location of a new, multi-agency Strike Force funded by the Organized Crime and Drug Enforcement Task Force.  The Strike Force commenced operational activities in 2019 and is expected to co-locate all operations at a new Strike Force building, which will host all participating agencies, in January 2021.

Under his leadership, the office prosecuted more narcotics-related offenses in each year between 2018 and 2020 (393, 456, and 493 individual defendants, respectively) than ever before in the history of the district.  From 2018 to 2020, the U.S. Attorney’s Office prosecuted more than double the number of narcotics defendants than in the years 2014 to 2016.  “Behind each of these numbers is a drug trafficker, someone who sold poison to one of our neighbors, friends, or family members suffering from addiction,” Herdman said, “The decision to prosecute someone on the federal level is not one that we make lightly, but the fact is that in this era, where fentanyl has killed thousands of Ohioans, there is no such thing as a low-level drug dealer. Enforcement of our nation’s drug laws is a cornerstone in winning the fight against overdose deaths, and over the past three years, our office and our investigative partners have more than done our part.”

Herdman also brought federal resources to bear in combatting narcotics trafficking in locations outside the largest metropolitan areas.  In 2018, Operation S.O.S. was launched in Lorain County to help stop the supply of synthetic opioids in the area. Since that time, opioid overdose deaths in Lorain County have decreased by 31%.  Similarly, targeted enforcement operations have been brought across the district, including in Trumbull County, Marion, Mansfield, and Lima.  “There is no town in Ohio that has escaped the opioid epidemic,” Herdman said, “I’m proud of the cases that we have brought in smaller cities with the cooperation of local law enforcement. The residents of Warren, Marion, Mansfield, Lorain, Elyria, and many other cities have people who are alive in this holiday season because of the cases that we have prosecuted.”

Herdman also continued a series of prevention efforts designed at developing collaborative, community-wide approaches to reducing overdose deaths.  In 2018, Herdman convened a conference of leaders from healthcare, recovery, social services and law enforcement communities at the Cleveland Clinic.  This group, which was brought together five years after a similar conference, recommended a new community action plan that established, for the first time, a team dedicated to incorporating data and analytics into the U.S. Attorney’s Heroin and Opioid Task Force.

These efforts have seen success and, in some instances, dramatic improvement in the death rate associated with narcotics overdoses.  In 2018, the district experienced the first decrease in narcotics overdoses since 2010.  In Cuyahoga County, 2018 saw a 24-percent decrease in overdose deaths from the preceding year and that number remained relatively stable through 2019.  Similar decreases in overdose deaths were witnessed across the district in that time span.  “Despite all evidence pointing to the impossibility of reversing the upward trend of overdose deaths, we were able to do just that in Ohio through the coordinated efforts of law enforcement, treatment and recovery professionals, the health care community, policymakers and politicians, and concerned citizens,” Herdman said, “We are not out of this yet, though.  2020 will undoubtedly see a rise in overdose deaths as COVID-19 has pushed the opioid crisis from the headlines and as our neighbors suffering from addiction have had to do so in isolation, without face-to-face help from peer counselors and recovery specialists.  I promised to leave no stone unturned in our fight against overdose deaths.  Our office is well-positioned to continue delivering on this solemn commitment to our community in the next year and for many years to come.  This is a fight that we not only can win, but must win.”

Enforcement Priority: Reducing Violent Crime

Upon becoming U.S. Attorney, Herdman established a Violent Crimes Unit and staffed it with experienced attorneys focused on prosecutions of gang members, gun traffickers, armed robbers, and carjackers.  These efforts were supplemented by increased enforcement of illegal firearms possession, especially where guns were used to further other violent crimes or narcotics offenses.  The number of individuals prosecuted for illegal firearms possession offenses in 2020 represented a 162% increase – almost three times as many – from the number of similar offenses prosecuted in 2016.

In both Toledo and Cleveland, the police departments were participants in the Department’s Public Safety Partnerships, which provided training and technical assistance designed to improve the city’s approaches to reducing violent crime.  In 2018, the office supported Operation We-R-CLE, an enforcement operation focused on the east side of Cleveland, which resulted in the seizure of numerous firearms and arrests of the city’s most violent fugitives.  That operation resulted in a historic low for homicides in the city – 2 in the month of May 2018 – and an overall decrease in violent crime across the neighborhoods selected for the initiative.

In 2019 in Youngstown, the office supported Operation Steel Penguin and Operation Rookery, violent crime reduction efforts which included a data-driven enforcement effort.  Under these initiatives, the ATF, along with officers from the Youngstown Police Department and Ohio’s Adult Parole Authority, worked together to identify violent offenders and reoffenders.  These operations led to 109 arrests, the seizure of 45 illegally possessed firearms and an overall reduction in violent crimes during the operational period by 30% and homicides by 90% (as to compared to the preceding year).

More recently, in July of 2020, Herdman announced that Operation Legend, a collaborative law enforcement partnership, would be launched in the city of Cleveland to address increasing violent crime rates.  Operation Legend will provide funding to support almost 40 task force officers from the Cleveland Division of Police, Ohio State Highway Patrol, the Ohio Investigative Unit, and Ohio Adult Parole, as well as permanent reassignment of additional federal agents from ATF, DEA, FBI and the U.S. Marshals Service.  Also this past year, in response to an alarming rise in firearms violence over the summer, Herdman announced Project Red-Zone, a partnership between federal, state, and local law enforcement in Toledo and Youngstown to federally prosecute every illegal gun possession case from those locations during the operational period of the initiative.  This effort was credited with dramatically reducing firearms violence in those cities over the Labor Day weekend in 2020.

“Until this past year, our violent crime reduction efforts were making significant progress in our district’s largest cities,” Herdman said, “While there is no doubt that 2020 has presented new, substantial challenges to law enforcement when it comes to violent crimes, especially shootings and homicides, I am confident that the strategies and resources that we have put in place will witness improvement in our cities’ violent crime rates in 2021 and well beyond.”

Enforcement Priority: Prosecuting Domestic Violence Offenders

Another area of focus for Herdman was an unprecedented federal enforcement effort directed at the prosecution of domestic violence-related firearms offenders. In October of 2018, Herdman announced a new initiative on federal level domestic violence enforcement.

In the two years since that announcement, the district has seen a 300% increase in the number of firearms-related cases brought against domestic violence offenders than in previous years.  “A gun in the hand of a domestic violence offender is far more likely to be used to kill the victim in that setting, and far more likely to be used against responding law enforcement,” Herdman said, “I am proud of the work that we have done in addressing domestic violence on the federal level and I believe that these efforts, which were previously never the focus of federal law enforcement, have saved the lives of domestic violence victims, innocent children, and police officers.”

National Security

As U.S. Attorney, Herdman also ensured that the Department of Justice’s number one priority – preventing terrorism and advancing national security – was carried out in the Northern District of Ohio.  The office was responsible for disrupting several planned mass-casualty attacks, including a plan to attack downtown Cleveland on July 4, 2018 perpetrated by an individual who swore allegiance to Al Qaeda (United States v. Demetrius Pitts); a plot to attack a downtown Toledo bar and an energy pipeline (United States v. Lecron; United States v. Armstrong); an alleged plot by an ISIS-inspired individual to attack a Toledo-area synagogue (United States v. Joseph); and an alleged plot to kidnap and kill members of local law enforcement (United States v. Ferguson).  Herdman also supervised ground-breaking prosecutions involving cybercrime, including the successful trial of a group of Romanian hackers (United States v. Nicolescu, et al., also known as the “Bayrob Group”) and continued to oversee public-private partnerships devoted to a broad cybersecurity response in Northern Ohio.  Herdman also initiated prosecutions stemming from the Department’s China Initiative, including charges alleging a local researcher had failed to disclose financial support from the Chinese government’s “Thousand Talents Program.” 

Fraud and Public Corruption

Throughout his tenure as U.S. Attorney, Herdman has delivered on a core Justice Department principle: rooting out self-dealing by public officials.  Notable prosecutions and charges in the area of public corruption include the following:

• A former Allen County Sheriff was charged with soliciting bribes, extortion and making false statements, which resulted in a 136-month sentence and an approximately $600,000 restitution order. 
• The former Chief Operating Officer of a publicly-funded hospital, along with four others, was convicted of a bribery and kickback scheme that involved thousands of dollars paid for patient referrals and the illegal use of hospital resources to support a side business.
• In a pending case, four sitting members of the Toledo City Council have been charged with bribery and extortion.
• The former chief of the City of Cleveland’s Demolitions Bureau was charged with receiving bribes in exchange for expediting inspections and providing non-public information on upcoming bids.
• A former Cuyahoga County land bank employee was charged with honest services fraud and bribery.
• A City of Cleveland Section Chief in the Engineering and Construction division was sentenced to 18 months in prison for extortion, bribery, and tax offenses after he accepted below-market improvements on his property from a city contractor he supervised and directed city projects to benefit himself.  He was also ordered to pay restitution to the City of Cleveland and the Internal Revenue Service.

Fraudulent schemes, especially those that targeted vulnerable Ohioans and those seeking to exploit Medicaid programs and the nation’s efforts to address the COVID-19 pandemic, received similar attention from Herdman.  An active participant in the Department’s Elder Fraud Initiative, Herdman’s office brought several charges against those who sought to exploit elderly residents of the district, including some residing in nursing homes.  During Herdman’s tenure, the office also brought charges against three women who, under the guise of operating a reputable adoption agency, are alleged to have paid bribes to foreign officials to facilitate adoptions for American families in violation of, among other laws, the Foreign Corrupt Practices Act (FCPA).  Charges were also brought against physicians and pharmaceutical employees who were alleged to have defrauded the Medicaid program by falsely diagnosing patients and promoting the use of specific controlled substances in exchange for kickbacks.  Finally, Herdman has supervised a series of cases charging several individuals who allegedly defrauded the Payroll Protection Program, a federal effort to support small businesses during the pandemic, by, among other things, creating fictitious business and falsifying records to create the illusion that they were entitled to program funds. 

Civil Rights

During Herdman’s tenure, civil rights remained a top priority of the office.  Herdman also became a vocal advocate for the need to address the surge in white supremacy-related violence and threats to the public.  Notable civil rights achievements include the first-ever indictment alleging both national security violations and hate crimes offenses (United States v. Joseph).  Near the time of this indictment in early 2019, and recognizing the growing number of threats to places of worship and those who seek to peacefully exercise their religious rights, Herdman brought more than 250 people together, including community members, religious leaders, and law enforcement representatives and agents, for a multi-denominational conversation about supporting all faiths and securing places of worship.

Herdman also oversaw numerous prosecutions of individuals who used social media platforms or other internet-based communications to threaten northern Ohio residents with violence, including an individual who is alleged to have threatened a Youngstown-area Jewish Community Center (United States v. Reardon).  With respect to human trafficking, the office remained engaged in addressing this threat to Ohioans, particularly in the area of juvenile sex trafficking.  In Toledo and Cleveland, religious leaders have been charged with juvenile sex trafficking for allegedly paying underage boys and girls for commercial sex acts.  Additionally, in what is the largest juvenile sex trafficking indictment brought in this district, a former Youngstown-area physician awaits trial for juvenile sex trafficking and child exploitation charges related to six juvenile victims with ages ranging from12 to 15 years.  

Civil enforcement of federal civil rights laws received equal attention under Herdman, as the office has prioritized policing reform efforts, prevention of disparate discipline in public schooling, enforcement of the Americans with Disabilities Act, and efforts to combat sexual harassment in housing.  Notably, and for the first time ever in the district, the office filed a complaint for sexual harassment in housing against Toledo-area residents for allegedly engaging in abusive and harassing conduct towards vulnerable women.  The office also entered into a settlement agreement with the Toledo Public School District, the fifth-largest school district in northern Ohio, to address and resolve disparate disciplinary practices for minority and disabled students. 

Herdman also oversaw the continued efforts of the Department to implement the terms of the Consent Decree with the Cleveland Division of Police and the City of Cleveland, which include revised search and seizure policies; use of force reforms and improved documentation and investigation of uses of force; and critical incident response training for specially-designated officers responding to calls for service to assist community members in times of a mental health crisis.

Herdman previously served as an Assistant United States Attorney from 2006 through 2013. As an Assistant U.S. Attorney, he served as Deputy Chief of the National Security, Human Rights, and Organized Crime Unit. Prior to that, he was an Assistant District Attorney in the Manhattan District Attorney’s Office from 2001 to 2004.

Herdman was nominated by President Donald Trump to serve as U.S. Attorney on June 12, 2017, and was confirmed by the U.S. Senate on August 3, 2017. He took the oath of office from U.S. District Court Judge Patricia Gaughan on August 21, 2017.

In 2017, he was appointed to the Attorney General’s Advisory Committee (AGAC), of which he is currently the Vice-Chair. In this role, Herdman serves as one of fifteen United States Attorneys charged with developing and offering recommendations to improve management, operations, and functions of U.S. Attorneys’ offices nationwide, as well as the Department of Justice.

In 2019, Herdman was appointed to Attorney General Barr’s working group focused on federal responses to Domestic Violence. He has also served as Chair of the AGAC’s Terrorism & National Security Subcommittee and as a Co-Chair of the Attorney General’s Prescription Interdiction and Litigation Task Force.

Herdman continues to serve as a Judge Advocate in the United States Air Force Reserve and is a former intelligence officer in the United States Navy Reserve. He earned his B.A. from Ohio University, his M.Phil. from the University of Glasgow, and his J.D. from Harvard Law School.

Federal, state, county and local law enforcement today participated in a wide-ranging takedown operation of 24 individuals charged in a multiple count indictment filed in federal court. These defendants are accused of participating in a drug trafficking conspiracy that involved the use of a communications facility to facilitate a drug felony and the distribution of cocaine, cocaine base, and fentanyl in the Toledo area.

20 individuals were arrested during an early morning operation and transported to federal court in Toledo. The arrests were conducted by the FBI's Safe Streets Task Force, Toledo Metro Drug Task Force, the Northwest Ohio Interdiction Task Force and the USMS Fugitive Task Force. This effort was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation.

U.S. Attorney Justin Herdman, FBI Special Agent in Charge Eric B. Smith and Toledo Police Chief George Kral made the announcement.

“Today’s arrests and indictment reflect the collaborative resolve of law enforcement in this region to continue our fight against drug trafficking in our neighborhoods,” said U.S. Attorney Justin Herdman. “To any trafficker, no matter how well connected or organized you think you are, know that if you continue to push drugs in our communities, you will eventually be caught and we will do everything we can to ensure that you go to federal prison.”

"These individuals are responsible for  distributing dangerous illegal narcotics through our Toledo and surrounding communities, said FBI Special Agent in Charge Eric B. Smith. “Most often, as in this case, where there are illegal drugs, there are guns and violence.  Law enforcement, with the publics’ assistance, has rid the streets of this violent drug trafficking organization."

“Through operations like this, law enforcement continues to target the criminals who wreak havoc in our community through the distribution of illegal and dangerous drugs,” said Toledo Police Chief George Kral. “I am grateful for the ongoing and continued relationship with our federal partners.”

Named in the indictment are Anthony Duff, age 44; Jackie Green, age 51; Anthony King, age 46; Antonio Mays, age 46; Antuan Wynn, age 45; Tomar Belcher, age 46; Ray Brown, age 37; Damian Dalton, age 46; Mark Humphrey, age 46; Kevion Jones, age 23; Kimberly Marshall, age 36; Orlando McCall, Sr., age 45; Jeremiah Mims, age 39; Marcus Odoms, age 43; Christopher Simpson, age 29; Daniel Ulis, Sr., age 46; Demetrius Wallace, Jr., age 20; Frederick Wilson, Jr., age 39; Kali Kowalski, age 34; Dawn Rahmstock, age 54; Briana Siler, age 24; Heidi Vaculik age 42; and Angela Whittecar, age 42 all of Toledo, Ohio, and Marquise Figures, age 35, of Wayne, Ohio.

According to the indictment, from December 2019 through the present day, the defendants are accused of conspiring together to distribute large quantities of fentanyl, crack cocaine and at least 5 kilograms of cocaine in the Toledo area and the use of a communications facility to facilitate a drug felony.

The conspirators are accused of using multiple cellular devices and code words to conceal their activity and various residences in the Toledo area to store, break down, package and distribute their narcotics and proceeds.

Defendants DUFF, KING, WYNN, MIMS and ULIS are all facing enhanced penalty charges due to previous felony convictions. In addition, defendant GREEN is charged with an additional account of being a felon in possession of a 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 defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including each defendant’s prior criminal record, if any, each 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 FBI Safe Streets Task Force, Toledo Metro Drug Task Force and the Northwest Ohio Interdiction Task Force.

The FBI Safe Streets is comprised of the FBI, Toledo Police Department, Sylvania Township Police Department and the Oregon Police Department. The Toledo Metro Drug Task Force is comprised of the FBI, Toledo Police Department, Bureau of Criminal Investigations, Lucas County Sheriff’s Office, and ATF. The Northwest Ohio Interdiction Task Force is comprised of the FBI, Toledo Police Department, Lucas and Wood County Sheriff’s Offices.

This effort was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

This case is being prosecuted by Assistant United States Attorneys Alissa M. Sterling and Robert Melching.

U.S. Attorney Justin Herdman announced today that Audrey Ivers Whitworth, 26, of Rittman, was sentenced by U.S. District Court Judge Donald C. Nugent to 36 months of prison and two years of supervised release after she pleaded guilty to one count of bank embezzlement and one count of aggravated identity theft.

According to the indictment, from June 23, 2017, to August 5, 2019, while Whitworth was employed as a branch manager of a federally-insured bank, she embezzled approximately $84,000 by making unauthorized withdrawals from the account of an 84-year-old customer with dementia.

“This defendant stole over $80,000 from an 84-year-old woman who was suffering with dementia, said U.S. Attorney Justin Herdman. “This conduct is, quite simply, reprehensible and the severity of the defendant’s actions are reflected in this three-year prison sentence. Since it was founded 150 years ago, the Justice Department has been committed to protecting the most vulnerable among us, and our elderly friends, neighbors and loved ones are no exception.”

"This individual preyed upon and took advantage of an elderly person experiencing age related decline,” said FBI Special Agent in Charge, Eric B. Smith. “We all have people in our lives, many elderly  - family, friends, neighbors, that we care for.  We must pay special attention to our elderly population and hold individuals like Ms. Whitworth accountable for her despicable criminal behavior."

The investigation preceding the indictment was conducted by the Smithville Police Department and the Federal Bureau of Investigation, Canton Resident Agency.  The case was prosecuted by Assistant U.S. Attorney Brian McDonough.

This case was brought as part of the Department of Justice’s Elder Justice Initiative, a nationwide initiative to combat the growing epidemic of elder fraud and abuse, launched in October 2017 by the Department of Justice. Led by U.S. Attorneys’ Offices, the Elder Justice Initiative marshals federal, state and local resources to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect, financial fraud, and scams that target our nation’s seniors. For more information about the Elder Justice Initiative, please visit https://www.justice.gov/elderjustice.

U.S. Attorney Justin Herdman announced today that Chad M. Stellato, age 47, of Langhorne, Pennsylvania, entered a plea of guilty to an information charging him with one count of conspiracy to commit wire fraud and six counts of wire fraud.

According to court documents, from January of 2013 through January of 2016, Stellato and his co-conspirators devised a scheme to defraud the home improvement store Lowe’s Companies, Inc. (Lowe’s) through fraudulent merchandise purchases and returns at Lowe’s store locations in Alliance, Boardman and in other states.

To carry out their scheme, Stellato provided the funding for his co-conspirators to visit Lowe’s store locations and purchase large quantities of tile. The co-conspirators would place the boxes of tile in shopping carts and stack similarly packaged but lower-priced boxes of tile on top in order to conceal the higher-priced tile underneath. The co-conspirators would then take the shopping carts to the check-out counter and purchase all the tile, including the higher-priced title, at the lower price. As a result, Stellato and his co-conspirators were able to obtain multiple boxes of tile at a much lower price than the retail value.

The co-conspirators would then travel to a different store location and return the title, without a receipt, for a full refund placed on a Lowe’s stored value card. Stellato would provide funding to his co-conspirators to obtain the necessary identification documents required to obtain these refunds. Consequently, Stellato and his co-conspirators received more money in refunds from the returned boxes of tile than what they actually paid to purchase the tile.

Stellato would retrieve the stored value cards from his co-conspirators and use them to purchase items from Lowe’s, thereby receiving the value of the goods at a discounted cost. In total, Stellato and his co-conspirators are accused of defrauding Lowe’s of approximately $444,000.  

Stellato is scheduled to be sentenced on April 1, 2021, before U.S. District Court Judge James S. Gwin.

The investigation preceding the indictment was conducted by the United States Secret Service and the Ohio State Highway Patrol. This case is being prosecuted by Assistant U.S. Attorney Brendan D. O’Shea.     

U.S. Attorney Justin Herdman announced today that Brandon Ricks, age 31, of Akron, was sentenced by U.S. District Court Judge Benita Y. Pearson to 42 months imprisonment and three years of supervised release after he pleaded guilty to one count of felon in possession of firearm and ammunition on August 27, 2020.

According to court documents, on January 24, 2020, Akron police responded to a report of a man, later identified as Ricks, brandishing a firearm and threatening a customer and the manager of a business on Copley Road in Akron. Ricks left the scene, got into his vehicle and drove away. Police later stopped Ricks in his vehicle and recovered a loaded .45 caliber pistol from the driver’s side floorboard of the vehicle.

Ricks is prohibited from possessing a firearm due to prior felony convictions of aggravated assault in 2007 and robbery in 2013 in the Summit County Court of Common Pleas.

The investigation preceding the indictment was conducted by the Akron Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant U.S. Attorney Aaron P. Howell.

A federal grand jury sitting in Toledo has returned a one-count indictment charging Eddie Lee Pope, age 47, of Detroit, Michigan, with intent to distribute methamphetamine. This charge carries an enhanced penalty specification due to the defendant’s history of previous felony drug offense convictions.

According to court documents, on October 14, 2020, the Ohio State Highway Patrol initiated a traffic stop of the vehicle that the defendant was operating. The criminal complaint states that as the patrol officer was questioning the defendant outside of his vehicle, the defendant took off running and was later apprehended. A plastic bag allegedly containing 446.8 grams of methamphetamine was later found near the area where the defendant was apprehended.

The defendant has a history of drug trafficking convictions, including delivery/manufacture of cocaine in the Third Judicial Circuit Court of Michigan.

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 Ohio State Highway Patrol and the United States Drug Enforcement Administration (DEA).  The case is being prosecuted by Assistant U.S. Attorneys Robert N. Melching and Alissa M. Sterling.

U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Toledo returned a one-count indictment charging Scott Allen Renninger, age 52, of Uniontown with use of interstate commerce facilities in the commission of murder-for-hire.

“This defendant allegedly went to great lengths to organize, pay for and attempt a murder-for-hire plot,” said U.S. Attorney Justin Herdman. “I am thankful for the hard work of the FBI and the investigators in this case who worked tirelessly to protect the victim and ensure that this defendant would not be able to enact this plot.” 

"The FBI commends the individual(s) that came forward to report Mr. Renninger's desire to, in his words, make his wife disappear,” said FBI Special Agent in Charge Eric B. Smith. “Without this vital information, Mrs. Renninger may have very well lost her life.  It is imperative that law enforcement and the public continue to work together to ensure the safety of our communities and its citizens."

According to the indictment, in October of 2020, the defendant is accused of offering a confidential source working for the FBI $20,000 in exchange for the killing of his wife, the victim in this case. In June of 2020, the victim filed a Petition for Domestic Violence Civil Protection Order (“DVCPO”) in Domestic Relations Court in Summit County, Ohio. In August of 2020, the victim filed for a divorce from the defendant.

Beginning in October of 2020, the defendant met with a confidential source working with the FBI and allegedly discussed offering money in exchange for the killing of the victim. The defendant is accused of providing the confidential source with a photograph, license plate information and other materials that disclosed the house number and street address of the victim. The indictment states that the defendant and the confidential source had regular contact and frequently discussed the plan to exchange money for the killing of the victim.

In November of 2020, the defendant, the confidential source (CS-1) and a second confidential source (CS-2) met to discuss the murder-for-hire plot, according to the indictment. CS-1 introduced the defendant to CS-2 in a parking lot and the defendant sat in CS-2’s car and stated that they needed to figure out a way to communicate, possibly using burner phones. Later on, the defendant allegedly confirmed his desire to make the victim “disappear” to CS-2.   

During a subsequent meeting, CS-2 and the defendant allegedly discussed and agreed upon a price of $20,000 for the murder-for-hire plot. CS-2 and the defendant placed calls to each other using the burner phones.  On November 17, 2020, federal authorities announced the arrest of the defendant at his residence without incident.  The victim was unharmed.

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 Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorneys Brian McDonough and Brad Beeson.

U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Toledo has returned a nine-count indictment charging Arthur Fayne, age 58, of Aurora, with wire fraud. The defendant is accused of orchestrating and executing two schemes to defraud separate businesses and embezzling the funds for personal use, including gambling at a casino, which resulted in the loss of over $1 million. 

According to the indictment, the defendant was the owner of Business Development Concepts (BDC), an organization that provided training and business consultation services to start-ups and existing companies. In addition, BDC managed construction projects and the purchase of equipment, supplies and inventory.

The defendant also served as Vice President and a board member on a for-profit subsidiary (Subsidiary 1) of a nonprofit corporation (Nonprofit 1) that operated as a federally qualified health center network of community health centers and provided primary care medical services for adults and children in the Cleveland, Ohio area. In this capacity, the defendant had the authority to enter into contracts on behalf of Nonprofit 1.

In June of 2016, a construction management and general contracting company headquartered in Cleveland (Company 1) entered into a contract with Nonprofit 1 to serve as the construction manager and general contractor on a project to redevelop a vacant building in the city of Cleveland into a grocery store and community center with health care offices.

The defendant executed this contract on behalf of Nonprofit 1 and, under the terms of the contract, BDC and Subsidiary l would serve as Nonprofit l 's authorized representatives. In addition, Subsidiary 1 and Nonprofit 1 were to issue payments to BDC, which the defendant was to disburse to Company 1.

The indictment states that from December of 2016 through March of 2018, the defendant caused Nonprofit 1 and Subsidiary 1 to pay $2,629,740.38 to BDC to be disbursed to Company 1 as compensation for work on the project.

It is alleged that the defendant distributed only $1,870,634.46 to Company 1.  Instead of distributing the remaining $759,105.92 to Company 1, the defendant is accused of diverting these funds to BDC for his personal use, which included gambling at a casino. To further the scheme, the defendant allegedly caused to be created and submitted falsified invoices to Subsidiary l and Nonprofit 1 for money owed to Company 1.

The indictment states that from 2016 to 2018, Nonprofit 1 separately made payments to BDC for services and expenses in overseeing the project and others. The defendant is accused of accessing some funds from BDC at a casino and losing approximately $1 million on separate occasions.  

Additionally, the indictment states that the defendant devised a second scheme to defraud a subcontractor on the redevelopment project. On or about June 28, 2018, the defendant caused a subcontractor on the project to make a $125,923.86 wire transfer to a bank account owned by the defendant's wife. These funds were allegedly used for personal use, which included gambling at a casino.

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.  The U.S. Attorney’s Office for the Northern District of Ohio would like to acknowledge and thank the Cuyahoga County Prosecutor’s Office for its cooperation with this matter. This case is being prosecuted by Assistant U.S. Attorney Brian McDonough.  

The U.S. Department of Justice, the FBI, the U.S. Postal Inspection Service, and six other federal law enforcement agencies announced the completion of the third annual Money Mule Initiative, a coordinated operation to disrupt the networks through which transnational fraudsters move the proceeds of their crimes.

Money mules are individuals who assist fraudsters by receiving money from victims of fraud and forwarding it to the organizers, many of whom are located abroad. Some money mules know they are assisting fraudsters, but others are unaware that their actions enable fraudsters’ efforts to swindle money from consumers, businesses, and government unemployment funds.

Over the last two months, U.S. law enforcement agencies took action against over 2,300 money mules, far surpassing last year’s total of over 600. This year, actions occurred in every state in the country and targeted money mules involved in a wide range of schemes, including lottery fraud, romance scams, government imposter fraud, technical support fraud, business email compromise or CEO fraud, and unemployment insurance fraud. Many of these schemes target elderly or vulnerable members of society.

“Money mules fuel fraud against some of America’s most vulnerable populations. Without the help of these money mules, many foreign fraud enterprises find it difficult to profit off of U.S. victims,” said Attorney General William P. Barr. “As this initiative demonstrates, the Department of Justice is committed to disrupting money mule networks, taking actions against more money mules this year than ever before, in an effort to cut off the flow of funds from American consumers and businesses to transnational criminal organizations.”

“This year in the Northern District, we have seen more than $1 million in losses and prosecuted 11 defendants for elder fraud offenses,” said U.S. Attorney Justin Herdman. “Many of us are all too aware of instances involving a loved one or elderly relative who was financially exploited by a fraudster or scammer. We will continue to seek out and prosecute these criminals as long as they continue to prey on our most vulnerable.”

Additionally, more than 35 individuals were criminally charged or arrested for their roles in receiving victim payments and either laundering the proceeds or forwarding them to accomplices. This includes two men in the Northern District of Ohio who were indicted for facilitating a grandparent scheme in the area.

Eight federal law enforcement agencies participated in this year’s effort. Led by the Department of Justice’s Consumer Protection Branch, the FBI, and the U.S. Postal Inspection Service, the participating agencies include the Department of Labor Office of Inspector General, Federal Deposit Insurance Corporation Office of Inspector General, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Social Security Administration Office of Inspector General, U.S. Secret Service, and U.S. Treasury Inspector General for Tax Administration.

Some highlights from this year’s efforts are:

• Actions were taken to halt the conduct of approximately 2,300 money mules, spanning 92 federal districts.
   
• Law enforcement served approximately 2,000 money mules with letters warning the money mules that they were facilitating fraud and could face civil or criminal consequences for continuing their actions. Agents conducted over 450 interviews. .
   
• On approximately 30 instances, agents seized assets or facilitated the return of victim funds. Among the asset seizures was a 2019 Lamborghini, which was seized as part of an investigation into a business email compromise scheme.

To find public education materials, as well as information about how fraudsters use and recruit money mules, please visit www.justice.gov/civil/consumer-protection-branch/money-mule-initiative.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In January 2020, the department designated “Preventing and Disrupting Transnational Elder Fraud” as an Agency Priority Goal, one of its top four priorities. In March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep. The department has also conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.

The department’s extensive efforts to combat elder fraud seek to halt the billions of dollars seniors lose each year to fraud schemes, including those perpetrated by transnational criminal organizations. The best method for prevention, however, is sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.

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.

U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Toledo has returned a two-count indictment charging Steven Leskow, 30, of Bowling Green with one count of possession of a firearm by someone who is an unlawful user of, or addicted to, a controlled substance and one count of possession of stolen firearms.

According to the indictment, from October through December of 2019, while enrolled as a student at Owens Community College in Findlay, the defendant is accused of stealing several firearms from a law enforcement class. It is alleged that the defendant stole these firearms and sold them to support a drug addiction.

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 Federal Bureau of Investigation and the Bureau of Alcohol Tobacco and Firearms.  The case is being prosecuted by Assistant U.S. Attorney Matthew D. Simko.

U.S. Attorney Justin Herdman announced that Melvin Lee Jackson, 18, and Edgar Ramirez, 22, both of Youngstown, were sentenced by U.S. District Court Judge Benita Y. Pearson after they each pleaded guilty to committing a string of armed robberies at several locations in the Youngstown, Struthers and Boardman areas.

“Both of these men will now spend almost two decades behind bars for their actions that terrorized a community,” said U.S. Attorney Justin Herdman. “The length of these sentences should show that pointing a gun at the head of innocent people simply trying to do their job and demanding money will put you in jail for a very long time.” 

Melvin Lee Jackson was sentenced to 192 months imprisonment and required to pay $7,870.99 in restitution. Edgar Ramirez was sentenced to 228 months and ordered to pay $4,787.62 in restitution.

From December 17 to December 21, 2019, Jackson and Ramirez committed a series of armed robberies at a Speedway in Boardman, a Subway in Youngstown and a Kwik Fill in Struthers. During each robbery, Ramirez and Jackson held store employees at gunpoint, threatened violence and demanded money.

This case was investigated by the Federal Bureau of Investigation. The U.S. Attorney’s Office for the Northern District of Ohio would like to acknowledge and thank investigators with the Mahoning County Juvenile Justice Center and the Youngstown, Boardman, and Struthers police departments for their cooperation with this matter. These cases were prosecuted by Assistant U.S. Attorneys David M. Toepfer and Yasmine Makridis.

U.S. Attorney Justin Herdman announced today that four men in the Toledo area were indicted on charges of making false statements during the purchase of a firearm. These defendants are all accused of knowingly making a false or fictitious statement intended to deceive a licensed firearms dealer as to the lawfulness of the transaction.

These are separate cases and are not related. In each case, the defendant is prohibited from possessing a firearm due to a court-issued protection order or previous domestic violence conviction.

“Those who make false statements when attempting to purchase a firearm are usually attempting to conceal their criminal history or prohibited status for some nefarious reason,” said U.S. Attorney Justin Herdman. “Statistics show that a firearm in the hands of someone prohibited from owning one is more likely to be used in a crime of violence.”

“The background check system exists to help prevent individuals with criminal histories from obtaining firearms,” stated Roland Herndon, ATF’s Special Agent in Charge for the Columbus Field Division. “That is the bottom line, if you are prohibited from possessing a firearm, you cannot purchase it. Lying on the background check has consequences, and if it is discovered that you lied on the form to purchase a firearm, you are subject to federal prosecution. It’s not worth it, don’t do it.”

Antonio Allen, age 28, of Toledo, was charged with one count of making a false statement during the purchase of a firearm. According to the indictment, the defendant is accused of failing to disclose that he was the subject of a protection order issued in the Lucas County Court of Common Pleas while attempting to purchase a .22 caliber rifle from a licensed firearms dealer in Oregon, Ohio on January 24, 2020. As part of the court order, the defendant is prohibited from possessing a firearm.

Jordan McGinnis, age 26, of Toledo, was charged with one count of a false statement made during the purchase of a firearm. The defendant is accused of failing to disclose that he had been convicted of a domestic violence offense when attempting to purchase a 9mm pistol from a licensed weapons dealer on July 30, 2020, in Swanton, Ohio. Federal law prohibits anyone convicted of a domestic violence offense from possessing a firearm.

Shaun Nelson, age 32, of Toledo, was charged with one count of making a false statement during the purchase of a firearm and one count of possession of a firearm while subject to a court order. According to court documents, the defendant is accused of failing to disclose that he was the subject of a protection order issued in the Lucas County Court of Common Pleas while attempting to purchase a 9mm pistol from a licensed firearms dealer in Oregon, Ohio, on June 25, 2020. As part of the court order, the defendant is prohibited from possessing a firearm. The defendant completed the purchase of the firearm on July 10, 2020.

Andy Ross Thomas, age 35, of Toledo, was charged with one count of making a false statement during the purchase of a firearm. According to the indictment, the defendant is accused of failing to disclose that he was the subject of a protection order issued in the Lucas County Court of Common Pleas while attempting to purchase a 9mm pistol from a licensed firearms dealer in Oregon, Ohio, on April 30, 2020. As part of the court order, the defendant is prohibited from possessing a 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.

The investigation preceding each indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. These cases are being prosecuted by Assistant United States Attorney Deyana Unis.

 

U.S. Attorney Justin Herdman announced that a federal grand jury sitting in Cleveland returned a four-count indictment charging Quentin D. Watson, age 34, of Akron with the distribution of fentanyl that resulted in the overdose death of an Akron woman. This charge carries a potential sentencing enhancement due to a death resulting from the use of a controlled substance. The grand jury further charged Watson with additional counts of possession with intent to distribute fentanyl, possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking offense.

According to court documents, on June 24, 2020, the defendant is accused of distributing fentanyl to an Akron woman identified in court documents as M.M., who later died after ingesting a fatal dose. On October 24, 2020, Akron police stopped the defendant in a vehicle. A subsequent search resulted in the seizure of fentanyl, methamphetamine and a 9mm pistol. 

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 matter was investigated by the Akron Police Department and the Federal Bureau of Investigation (FBI).  The case is being prosecuted by Assistant United States Attorney Aaron P. Howell.

U.S. Attorney Justin Herdman announced today that a grand jury sitting in Cleveland has returned a 28-count indictment charging William H. Precht, age 53, of Kent, Ohio, with theft of government property, conspiracy to commit wire fraud and honest services fraud, wire fraud, and false statements relating to health care matters.

According to the indictment, from October 5, 2010, through January 4, 2019, the defendant is accused of using his position with the Cleveland Veteran Affairs (VA) Medical Center to engage in a scheme to enrich himself and co-conspirators.

The indictment alleges that from on or about October 5, 2010, through on or about February 16, 2018, the defendant fraudulently used his VA-issued purchase card and facilitated the use of other VA employees’ purchase cards to make purchases from a company controlled by the defendant for approximately $1,066,348.

In addition, from on or about May 27, 2015, through on or about January 4, 2019, the defendant is accused of conspiring with a medical supplies company located in South Euclid, Ohio, to devise a scheme in which the defendant would receive kickbacks and other items of value, in exchange for steering VA business and other monetary awards to the medical supplies vendor.

Allegedly, it was part of the conspiracy that the defendant would solicit and accept items of value from the medical supplies vendor such as money, sporting event tickets and future business interest. The defendant would then provide favorable actions for the benefit of his co-conspirators and the medical supplies vendor when the opportunities arose. He is accused of concealing this activity from the Cleveland VA by providing false and misleading information to VA employees about reasons for ordering medical supplies.  The defendant also allegedly falsified some patient records to make it appear patients had implants in their electronic health record that did not correlate to any actual surgical or medical procedure, to justify the purchase of implants.

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 Department of Veterans Affairs – Office of the Inspector General, Cleveland and the Cleveland Division of the FBI.  This case is being prosecuted by Assistant U.S. Attorney Brian McDonough.

 

U.S. Attorney Justin Herdman announced today that a grand jury sitting in Cleveland has returned a 10-count indictment charging Andrey Kovalenko, age 52, formerly of Bedford, Ohio, with ten counts of mail fraud. The defendant was previously charged by criminal complaint.

“This defendant is accused of using his position as a priest to embezzle funds intended to serve his parishioners and the community,” said U.S. Attorney Justin Herdman. “The defendant’s alleged embezzlement was so wide-ranging that at least one local parish suffered financial ruin. He must now answer for these actions in federal court.”

According to the indictment, the defendant is an ordained Russian Orthodox priest and was employed as the Director of the Shrine of Mariapoch (SOM) in Burton, Ohio, from May 2014 to June 2015. In addition, from January 2015 through July of 2018, the defendant was employed as the Administrator and Pastor of Saint John Hungarian Byzantine Catholic Church (SJHBCC) in Solon, Ohio and Saint Eugene Byzantine Catholic Church (SEBCC) in Bedford Heights, Ohio.

Through these positions, the defendant had access to several bank accounts, checks and debit cards associated with the religious institutions that he managed. The Byzantine Catholic Eparchy of Parma, which presided over the individual named parishes, had guidelines established for its priests and administrators that detailed the expenses a parish would pay for its priests

and administrators, and the items eligible for reimbursement.

The indictment states that from on or about May 16, 2014, until on or about June 15, 2015, the defendant is accused of embezzling approximately $35,686.97 from SOM bank accounts for prohibited personal expenses, including, but not limited to, payments to grocery, automotive, and department stores.

Furthermore, from on or about January 16, 2015, until on or about July 21, 2018, the indictment alleges that the defendant embezzled approximately $70,404.32 from SJHBCC bank accounts for prohibited personal expenses, including, but not limited to, payments to automobile dealers, contractors, grocery, automotive and department stores, online shopping outlets, and online music services.

Additionally, from on or about January 16, 2015, until on or about July 21, 2018, the defendant is accused of embezzling approximately $187,898.38 from SEBCC bank accounts for prohibited personal expenses, including, but not limited to, payments to an online firearm and ammunition sales company, automobile dealers, grocery, automotive and department stores, online shopping

outlets, and online music services.

As part of his scheme, the defendant is accused of purchasing two freight storage containers from funds associated with SEBCC’s bank account and embezzling fees for the rental of SEBCC’s hall for weddings and other events.

In total, the defendant is accused of embezzling approximately $293,989 from the SOM, SJHBCC, and SEBCC bank accounts for his own personal enrichment. As a result of the defendant’s actions, Saint Eugene Byzantine Catholic Church was closed due to its financial condition.

After the defendant was terminated from the Eparchy of Parma, he continued to use a SJHBCC debit card while in Georgia and Florida for personal expenses totaling approximately $2,035.06.

The indictment charges that from May 16, 2014, until on or about July 31, 2018, the defendant utilized the United States Postal Service and private and commercial interstate carriers to execute his scheme to defraud.

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.  This case is being prosecuted by Assistant U.S. Alejandro A. Abreu.   

U.S. Attorney Justin Herdman announced today that Filmel Williams, Jr., age 20, of Brownstown, Michigan, was sentenced by U.S. District Court Judge James G. Carr to nine years imprisonment after Williams pleaded guilty to transportation of a stolen firearm, possession of a stolen firearm and ammunition, possession of counterfeit United States currency, and possession of a firearm by a prohibited person.

According to court documents, in 2018, Secret Service agents learned of a scheme involving the defendant, in which Williams and others would use online classified ads to purchase firearms, including pistols and assault rifles, from victims in Northwest Ohio in exchange for counterfeit currency. After acquiring the firearms, Williams and others would transport the weapons to the Detroit area and offer them for sale.

After learning of this scheme, law enforcement arranged for a controlled sale of a firearm to Williams and the other defendants. Williams and his driver arrived at the scene of the sale, and Williams was arrested as soon as he exited the vehicle. Law enforcement agents found counterfeit currency in Williams’ possession. Simultaneously, the driver of the vehicle struck a police vehicle, fled the scene, and struck another police vehicle on I-75 during a high-speed pursuit.

At the time of his arrest, Williams had accrued convictions of larceny, possession of a controlled substance, interfering with a police investigation, and brandishing a firearm.

This case was investigated by agents with the United States Secret Service and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted by Assistant U.S. Attorney Robert Melching.

 

U.S. Attorney Justin Herdman announced today that Andrew K. Ecklund, age 57, of Tallmadge, entered a plea of guilty to an indictment charging him with nine counts of wire fraud.

Joining U.S. Attorney Justin Herdman in the announcement were Jennifer Lynn, Special Agent in Charge of the EPA’s Criminal Investigation Division in Ohio; Patrick J. Hegarty, Acting Special Agent in Charge of the DCIS Northeast Field Office; Special Agent in Charge L. Scott Moreland of the U.S. Army Criminal Investigation Command’s (Army CID) Mid-Atlantic Fraud Field Office and Ohio Attorney General Dave Yost.

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 the samples for the presence and concentration of hazardous substances 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, when conducting quality control testing measures, Ecklund took steps to make it appear that the samples had passed the testing measures, when in fact, they had failed. In particular, Ecklund manipulated the tune and calibration portions of the quality control process and, in doing so, invalidated the sample analysis. 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.

“Deliberately falsifying the test results of a process that is in place to keep people safe and healthy shows a reckless disregard for the well-being of your fellow man,” said U.S. Attorney Justin Herdman. “We are grateful for the actions of our partner agencies in this investigation in order to catch this behavior and put an end to it.”

“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 plea demonstrates that analysts who cover up failed quality control measures and then misrepresent test results will be held accountable.”

"The integrity of the DoD procurement process is a top priority for the Defense Criminal Investigative Service (DCIS)," stated Acting Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office.  "The defendant's guilty plea is the result of a joint investigative effort and demonstrates the DCIS' commitment to work with the USAO-NDO, the EPA-CID and the Army CID, to ensure that claims submitted to the U.S. Department of Defense for the testing of environmental samples are valid and supported by accurate documentation."

After the laboratory testing was complete, the company was required to submit an analysis report to its customers detailing the results. Each report identified the laboratory analyst who conducted the testing and described any deviations from the testing methodology, including the quality control measures. On his analysis reports, Ecklund failed to disclose that the samples had not passed the quality control measures and the actions he took to make it appear that they had passed.

Ecklund is scheduled to be sentenced on March 8, 2021 before U.S. District Court Judge Pamela A. Barker.

The investigation preceding the indictment was conducted by the U.S. EPA, Army Criminal Investigation Division to Army Criminal Investigation Command Major Procurement Fraud Unit, Department of Defense, Defense Criminal Investigative Service, Ohio EPA and the Ohio Attorney General’s Office. This case was prosecuted by Assistant U.S. Attorney Brad J. Beeson.               

U.S. Attorney Justin Herdman announced today that the final member of a drug trafficking organization operating primarily in the city of Sandusky was sentenced for his role in the conspiracy. U.S. District Court Judge Jack Zouhary sentenced Patrick Brown, age 39, of Sandusky to 14 years imprisonment after Brown pleaded guilty to conspiracy to possess with the intent to distribute controlled substances.

Brown and seven other defendants were charged in a 17-count indictment on June 26, 2019, with conspiracy to possess with intent to distribute controlled substances, distribution of controlled substances, possession with the intent to distribute a controlled substance and one defendant, Darrius Martin, as a felon in possession of ammunition.

“This group of men will now face serious time behind bars for thinking they could bring deadly opioids and cocaine into Sandusky and make a quick profit,” said U.S. Attorney Justin Herdman. “Drug trafficking organizations like this one believe they can operate in communities like Sandusky and go undetected. Let these sentences show that this is not the case. If you traffic drugs in communities like Sandusky and elsewhere in the Northern District, you will be arrested and will serve time in prison.”

 “This sentence should serve as a message to drug dealers that they will be held accountable for their crimes,” said DEA Special Agent in Charge Keith Martin.

“I would like to thank DEA and the U.S. Attorney’s Office for their cooperation and collaboration in making the city of Sandusky a safer place for our citizens,” said retired city of Sandusky Police Chief John Orzech.

Previously sentenced in this matter were:

• Siron Mills, age 42, of Sandusky. Mills was sentenced to ten years imprisonment and eight years of supervised release after he pleaded guilty to conspiracy to possess with the intent to distribute controlled substances.
• Gregory Boswell, age 45, of Cleveland. Boswell was sentenced to eight years imprisonment and eight years of supervised release after he pleaded guilty to conspiracy to possess with the intent to distribute controlled substances.
• Daryl Castile, age 50, of Sandusky. Castile was sentenced to eight years imprisonment and eight years of supervised release after he pleaded guilty to conspiracy to possess with the intent to distribute controlled substances.
• Timothy Johnson, age 41, of Sandusky. Johnson was sentenced to five years imprisonment and five years of supervised release after he pleaded guilty to conspiracy to possess with the intent to distribute controlled substances, distribution of controlled substances and possession with the intent to distribute controlled substances.
• Jon Lippert, age 39, of Sandusky. Lippert was sentenced to three years imprisonment and five years of supervised release after he pleaded guilty to conspiracy to possess with the intent to distribute controlled substances.
• Darrius Martin, age 28, of Sandusky. Martin was sentenced to six years imprisonment and five years of supervised release after he pleaded guilty to conspiracy to possess with the intent to distribute controlled substances, distribution of controlled substances and felon in possession of ammunition.
• Eugene Nicholson, age 50, of Sandusky. Nicholson was sentenced to ten years imprisonment and eight years supervised release after he pleaded guilty to conspiracy to possess with the intent to distribute controlled substances.

From April 2017 through June 2019, Patrick Brown and the other named co-conspirators obtained large quantities of heroin, cocaine and crack cocaine from various suppliers outside the city and worked together to distribute the drugs throughout the Sandusky area.

Siron Mills would obtain heroin from Daryl Castile and cocaine from suppliers in Columbus. Brown would then obtain his cocaine from Mills and Gregory Boswell. After securing their narcotics, members of the drug trafficking organization would work together, often using cell phones registered to fictitious names to conduct their activity. The organization used various residences and vehicles in the Sandusky and Cleveland areas to store, break down, package and distribute their drugs. 

As a result of these charges, nearly $40,000 in cash, several firearms and ammunition were forfeited. 

The investigation preceding the indictment was conducted by the Drug Enforcement Administration and the Sandusky Police Department. The case was prosecuted by Assistant United States Attorneys Alissa M. Sterling and Ashley A. Futrell. Assistant United States Attorney James Morford assisted with the forfeiture.        

First Assistant U.S. Attorney Bridget Brennan announced today that a federal grand jury sitting in Cleveland has returned a 28-count indictment charging nine individuals for their roles in a scheme to defraud Medicaid. These nine individuals either owned, operated or worked for Eye For Change Youth & Family Services, Inc. (Eye For Change), a non-profit corporation in Cleveland.

First Assistant U.S. Attorney Bridget Brennan, FBI Special Agent in Charge Eric B. Smith, Office of the Inspector General, U.S. Department of Health and Human Services Special Agent in Charge Lamont Pugh III and Ohio Attorney General Dave Yost made the announcement.

“These defendants are accused of defrauding a tax-payer funded health care benefit program that was created to assist some of the most vulnerable among us,” said First Assistant U.S. Attorney Bridget Brennan. “Their alleged conduct, including the payment of kickbacks, was designed simply to enrich themselves. We are grateful for the hard work of the agencies involved who, like us, are dedicated to bringing allegations of fraud and illegal kickbacks before the court.”

"These individuals engaged in a scheme to defraud tax-payers by submitting fraudulent billing to a federally funded healthcare program, which is supported by hard-working citizens,” said FBI Special Agent in Charge Eric B. Smith. “The FBI and our partners will continue to root out such fraud and hold those engaged in illegal financial dealings responsible in a court of law.”

“The billing of medical services that are not rendered, the payment of kickbacks, and the falsification of documents with respect to medical records are illegal acts commonly used by those who commit healthcare fraud,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region.  “The OIG routinely conducts data analysis in an effort to identify aberrant and potentially fraudulent billing trends and will take action to hold those who seek to defraud federally funded health care programs accountable.”

"There are actually real people out there who are suffering and need help," Ohio Attorney General Dave Yost said.  "You don't have to make up imaginary patients. A jury of their peers will undoubtedly know some of them. I'm grateful for the state-federal partnership that is bringing these fakes to justice."

Named in the indictment are:

• Alfonzo D. Bailey, age 38, of Cleveland, Ohio. Bailey was the incorporator and 100% owner of Eye For Change Youth & Family Services.
• David Brown, age 39, of Maple Heights, Ohio. Brown was a marketer and Clients Rights Officer at Eye For Change.
• Valerie White, age 51, of Columbus, Ohio. White was employed as a Qualified Mental Health Specialist (QMHS) and a counselor/therapist who provided counseling services to Eye For Change Medicaid beneficiary clients.
• Sandra Wilson, age 52, of Cleveland, Ohio. Wilson was employed as an assessor and staffed the crisis hotline at Eye For Change and provided counseling services Medicaid beneficiary clients.
• Cheria Oliver, age 31, of Canal Winchester, Ohio. Oliver was employed as a Qualified Mental Health Specialist (QMHS) at Eye For Change and provided counseling services to Medicaid beneficiary clients.
• Charchee Tucker, age 43, of Warrensville Heights, Ohio. Tucker was employed as QMHS, QMHS Supervisor, Lead Case Manager, and Director of Marketing and Compliance. Tucker was to provide counseling services to Eye for Change Medicaid beneficiary clients.
• Allen Steele, age 38, of Parma, Ohio. Steele was employed as a QMHS at Eye For Change and was able to provide counseling services to Medicaid beneficiary clients.
• Kamelah Ganaway, age 43, of Macedonia, Ohio. Ganaway was employed as a QMHS at Eye For Change and was to provide counseling services to Medicaid beneficiary clients.
• Tremayne Kellom, age 41, of Cleveland, Ohio.

According to the indictment, from February 2017 through September 2020, the defendants are accused of submitting, or allowing to be submitted, billings to the Medicaid program for services that were never performed and of falsifying records.

The indictment states that Bailey would pay White and Wilson, a Licensed Independent Social Worker (LISW) in order to use Wilson’s LISW provider number and credentials to submit billings and documents regarding mental health screenings that were never performed.

Bailey, Brown, White and Wilson would also submit billings to the Medicaid program for counseling services without an appropriate treatment plan in place for clients, as required by law.

In addition, Bailey, Brown, White and Wilson are accused of allegedly paying kickbacks in the form of cash, gift cards, and rent/bill payments to Medicaid beneficiaries in order to obtain these beneficiaries as clients and to bill Medicaid for services never rendered.

The indictment further states that Bailey, Brown, White and Wilson would direct employees to misdiagnose their Medicaid beneficiaries in order to receive authorization from the Ohio Department of Medicaid to provide services and bill at higher rates.

Bailey, Brown, Oliver, Tucker, Steele, Ganaway and Kellom are also accused of allegedly directing and allowing employees to insert false progress notes into Medicaid beneficiary electronic records in order to create the fictitious documents needed to submit their claims.

As a result of these offenses, the defendants shall forfeit approximately $2.3 million seized during the execution of a federal seizure warrant and all properties associated with Eye For Change in Cleveland, Cleveland Heights and Columbus.

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.

The U.S. Attorney’s Office for the Northern District of Ohio joins the Northeast Ohio community in remembering the life and legacy of former United States Attorney, Judge, and civil rights leader, the Honorable Judge James R. Williams. Judge Williams passed away on Friday, November 6, 2020, at the age of 88.

“On behalf of all the men and women in the U.S. Attorney’s Office for the Northern District, we offer our most sincere condolences and prayers to the family and friends of Judge Williams,” said U.S. Attorney Justin Herdman. “Judge Williams was a pioneer in the legal community, a civil rights hero and part of the exceptional history of men and women who have had the honor to serve as United States Attorney in this district. Judge Williams will be dearly missed by the many that knew him, but his achievements and legacy will live on in this community and beyond.”

Judge James R. Williams was appointed by President Carter to serve as United States Attorney for the Northern District of Ohio from 1978-1982. He was appointed to the Akron Municipal Court in 1983 and elected to the Court in 1985 and again in 1987. In 1989, Judge Williams was appointed to serve on the Summit County Common Pleas Court and became the county’s first African-American Common Pleas Court judge. He was later elected to the Court in 1990 and re-elected in 1992 and 1998. Judge Williams retired in January of 2005 after 15 years of service as a common pleas judge.

U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Toledo has returned a nine-count indictment charging John Tyler Pla, 25, and Johnny Lee Palmer, 25, both of Tampa, Florida, with conspiracy to commit wire fraud and wire fraud.

“Protecting our district’s elderly and vulnerable populations from scammers and fraudsters is an important part of the work we do every day at the Justice Department,” said U.S. Attorney Justin Herdman. “Manipulating and exploiting our district’s elderly in any way, for any reason, will be met with swift prosecution.”

"These scammers demonstrate the ever-increasing need to watch over and protect our elderly population,” said FBI Special Agent in Charge Eric B. Smith. “The FBI encourages everyone to educate their elderly family and friends on financial scams such as this. These two fraudsters played on the heart-strings of grandparents.  Discussions prior to receiving a possible phone call from scammers can prevent your loved one from being a victim."

According to the indictment, from July 20, 2020, to August 28, 2020, the defendants are accused of conspiring together to orchestrate a “Grandparent scam” on elderly victims in Brecksville, Parma, Gates Mills, Lorain, Mansfield, Fairview Park, Westlake and Mentor. To conduct their alleged scheme, the defendants are accused of calling elderly victims in these areas claiming to be a relative, such as a grandson, granddaughter, or an attorney for the relative, and informing the victim that he or she had been arrested and needed money for bail.

The indictment states that the conspirators would then arrange for a purported courier to pick up the money in person. The defendants would then rent a U-Haul vehicle and travel to the victims’ residence to collect the money in person. In total, the victims suffered a combined loss of $383,932.00.

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 and Westlake Police Department. This case is being prosecuted by Assistant U.S. Attorney Brian McDonough.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors.  In particular, in March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep.  The department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.  For more information about the Elder Justice Initiative, please visit https://www.justice.gov/elderjustice.

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.

This case is part of the Justice Department’s 2020 national Money Mule initiative. The Money Mule initiative seeks to stop the financial exploitation of the nation’s elderly and vulnerable populations.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at https://www.justice.gov/history.

U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Toledo has returned a one-count indictment charging Rosalina C. DRAGGA, 31, of Lorain with sexual exploitation of children. DRAGGA is accused of working with Charles NAKOFF Jr, 32, of Lorain, to produce images of child pornography.

On October 9, 2020, a superseding indictment was filed in federal court in the Northern District of Ohio charging NAKOFF with transportation of child pornography, receipt and distribution of minors engaged in sexually explicit conduct, possession of child pornography and sexual exploitation of children.

According to court records, in April of 2020, law enforcement investigators began an investigation into NAKOFF after Dropbox, Inc. notified law enforcement with the Ohio Internet Crimes Against Children (ICAC) Task Force that approximately 215 alleged video files of child pornography were stored in an online account associated with NAKOFF. The investigation eventually established that NAKOFF, his wife and DRAGGA all lived at the same residence in Lorain at the time the images were transported.

On July 21, 2020, law enforcement executed a search warrant at the Lorain residence and on NAKOFF himself. These warrants were executed without incident, and six items were seized, including three cell phones and three computers. An onsite forensic preview of NAKOFF’s cell phone resulted in the discovery of alleged child exploitation images and videos involving various underage victims. NAKOFF was arrested and taken into federal custody.

During an analysis of one of NAKOFF’s electronic devices, a message string of particular interest was found to have occurred between NAKOFF and his wife, relating to DRAGGA. This led investigators to a series of videos and images on one of NAKOFF’s seized cell phones involving Minor Victim #1 from Lorain. These videos and images depicted an adult male and unidentified female allegedly engaged in sexually explicit conduct with the minor.  

Investigators and DRAGGA identified NAKOFF as the male in the files, states the Complaint filed against DRAGGA. In addition, investigators were able to determine that DRAGGA was the unidentified female by using images of DRAGGA publically available online to match with the series of images involving the minor, namely distinct visible tattoos on both sets of images.

According to the Complaint, DRAGGA informed investigators that she cooperated with NAKOFF in the production of these images. DRAGGA was arrested on October 14, 2020.

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 both indictments was conducted by Homeland Security Investigations (HSI). These cases are being prosecuted by Assistant U.S. Attorney Carol M. Skutnik.

U.S. Attorney Justin Herdman announced today that a grand jury sitting in Toledo has returned a one-count indictment charging Chandos Bemus, age 30, of Trenton, Michigan, with traveling with intent to engage in illicit sexual conduct with a minor.

According to court documents, the defendant allegedly began an online conversation with an undercover operative of the FBI’s Child Exploitation and Human Trafficking Task Force in Toledo. The defendant reportedly believed this person to be an underage, 14-year-old minor and did knowingly solicit the operative to engage in sexual conduct.

According to the criminal complaint, on October 1st, 2020, the defendant agreed to meet the undercover operative at a hotel in Toledo, Ohio. The defendant allegedly traveled to the operative’s hotel from Monroe, Michigan, with the intent to engage in illicit sexual conduct. Upon arrival, the defendant was arrested.

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 Federal Bureau of Investigation in Toledo, Ohio. The case is being prosecuted by Assistant U.S. Attorneys Deyana Unis and Tracey Ballard Tangeman.

U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland has returned a two-count indictment charging Dazhan McCallister, age 20, of Akron with illegal possession of a machinegun and receipt or possession of an unregistered firearm.

According to court documents, on or about July 28, 2020, Akron police responded to complaints of a large group of people blocking traffic in a nearby park. Law enforcement officers approached the group and noticed the defendant carrying a firearm. The defendant was allegedly in possession of a Glock, Model 17, 9mm caliber pistol with an installed conversion device designed to allow the weapon to fire automatically, more than one shot, without manual reloading, by a single function of the trigger. The firearm was not registered in the National Firearms Registration and Transfer Record, as required by law. 

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 Akron Police Department and the ATF. This case is being prosecuted by Assistant U.S. Attorney Christopher Joyce.

A Maple Heights mail carrier was arrested this morning and charged on a federal criminal complaint in the Northern District of Ohio. U.S. Attorney Justin Herdman and U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth Cleevely announced that De’Andrian L. Rice, age 27, of Maple Heights, was charged with delay or destruction of mail or newspapers. Rice is in custody and will have her initial appearance in front of Magistrate Judge Jonathan D. Greenberg this afternoon. 

“Americans depend upon the reliability and security of the U.S. mail, especially during this election season,” said U.S Attorney Justin Herdman. “Actions by mail carriers and postal employees that violate this trust will result in federal prosecution.” 

“The vast majority of the 630,000 postal employees are hard-working, trustworthy individuals who work around the clock to deliver the nation’s mail,” said U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth Cleevely. “However, when one of them chooses to violate that trust, special agents with the USPS OIG will investigate and pursue criminal charges and the employee’s removal. To report postal crimes, contact www.uspsoig.gov or 888-USPSOIG.”

According to the criminal complaint, the defendant is a mail carrier for the United States Postal Service and has worked in the cities of Cleveland and Bedford. On October 19, 2020, special agents with the United States Postal Service Office of the Inspector General (USPS OIG) were advised of an off duty arrest of the defendant in the city of Bedford. During a search of the defendant’s vehicle, police located mail not addressed to the defendant in the trunk of the vehicle. 

The USPS OIG responded to retrieve and inventory the discovered mail. Located and counted among the recovered mail were: one (1) Ohio Secretary of State, Absentee Ballot Application; eighty-eight (88) pre-sorted standard mail from the City of Cleveland Water Department; (32) Dolly Parton book club books (bound and sealed in cellophane); twenty (20) partisan political advertisements; fifteen (15) pieces of Voter Participation Center mail; fourteen (14) General Election mailers from the Cuyahoga County Board of Elections and more, according to the complaint.

In total, 335 pieces of mail were recovered from the defendant’s vehicle. This mail was intended for delivery to addresses in the city of Cleveland and Bedford. The Absentee Ballot Application was returned to the affected customer and the remainder of the mail was returned to the mail stream. 

A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This case was investigated by special agents with the United States Postal Service -- Office of the Inspector General. This case is being prosecuted by Assistant U.S. Attorney Megan R. Miller. 

 

U.S. Attorney Justin Herdman, Toledo Police Chief George Kral and ATF Special Agent in Charge Roland Herndon announced today that Operation Red-Zone will be active in the city of Toledo over the Halloween weekend beginning Friday, October 30, and running through Monday morning, November 2, 2020.

“Operation Red-Zone will return to the city of Toledo in an effort to deter violent crime over the holiday weekend and prosecute illegal firearms offenders on a federal level,” said U.S. Attorney Justin Herdman. “If you are prohibited from possessing a firearm under federal law, either because you have a prior felony conviction, a prior misdemeanor conviction, or some other disqualifying condition, then you are in the Red-Zone. If you possess a firearm this weekend while in the Red-Zone, expect to be caught and prosecuted in federal court.”

“During Labor Day Weekend of this year, Toledo Police participated in the highly publicized “Operation Red-Zone” with the U.S. Attorney’s Office and ATF,” said Toledo Police Chief George Kral. “During that weekend, six firearms were seized, the number of persons shot in the City of Toledo decreased by 83% compared to the same time last year, and there were no homicides reported. I am looking forward to this weekend’s partnership to detect and arrest those who are illegally carrying firearms in our city. Our overarching goal in this team effort is to prevent offenders from disrupting the peace our residents deserve while continuing to make Toledo a safe and secure community for people to thrive in.”

“As we approach this Halloween weekend, I would like to remind everyone to be safe and take a step back from the violence,” stated Roland Herndon, ATF’s Special Agent in Charge for the Columbus Field Division. “But be aware, if you choose to use firearms to commit crimes, ATF and our law enforcement partners will be there as always, working to hold you accountable for those acts.”

Operation Red-Zone is a collaborative initiative between local, state and federal law enforcement to pursue federal charges, where applicable, against individuals who are prohibited under federal law from possessing firearms, or who otherwise use a firearm in a violent crime or drug trafficking offense. Law enforcement agents with the Toledo Police, ATF, DEA, FBI and U.S. Marshals will be out in force and working cooperatively to deter, arrest and prosecute offenders.

Operation Red-Zone was initially launched in the city of Toledo earlier this year ahead of the Labor Day holiday weekend.  On September 9, U.S. Attorney Justin Herdman and Police Chief George Kral announced the results of that operation.

U.S. Attorney Justin Herdman announced that a federal grand jury sitting in Cleveland has returned a nine-count indictment charging David C. Johnson, age 33, of Euclid with four counts of robbery, four counts of brandishing a firearm during a crime of violence and one count of being a felon in possession of a firearm.

The indictment states that between November 27, 2019, and January 25, 2020, the defendant is alleged to have committed a series of armed robberies of individuals and businesses in Cleveland, Euclid, Parkman, and Chardon. The following is a list of the alleged armed robberies charged in the indictment:

• Sunoco gas station in Euclid on November 27, 2019.
• BP gas station in Parkman on January 18, 2020.
• Dollar General in Chardon on January 18, 2020.
• Gas Mart gas station in Euclid on January 25, 2020.

According to the criminal complaint, investigators located a stolen vehicle used in the alleged robberies at the known residence of the defendant. A search of the residence and the defendant produced several items of clothing and a .40 caliber, semi-automatic pistol, all observed in surveillance video. In addition, law enforcement officers performed a review of a Google account connected to a cell phone seized during the search of the defendant. GPS coordinates of the account were consistent with the dates and times of several of the alleged robberies.

The defendant is prohibited from possessing a firearm due to previous convictions for felon in possession of a firearm, involuntary manslaughter and aggravated robbery.  

This matter is part of Operation Legend in Cleveland, a  systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime.

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

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 offenses and the characteristics of the violations. 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 this indictment was conducted by the FBI, the ATF, Lake County Sheriff’s Office, Geauga County Sheriff’s Office, Geauga County Prosecutor’s Office, Cuyahoga County Prosecutor’s Office Crime Strategies Unit, Euclid Police Department, Willoughby Police Department and the Cleveland Division of Police. This case is being prosecuted by Assistant United States Attorneys Kelly Galvin and Margaret Kane.