Northern District of Ohio

Justin E. Herdman, United States Attorney for the Northern District of Ohio, announced today that Jayvon Wynne, age 25, of Toledo, has been sentenced to a term of 240 months imprisonment after pleading guilty to federal charges including drug conspiracy, possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime.

“Today’s two-decade sentence reflects the severe consequences of trafficking drugs in our neighborhoods,” said U.S. Attorney Justin Herdman. “This 20-year sentence sends a simple message - we will not let people like Jayvon Wynne and his associates profit off of the pain and suffering they cause from their illegal activities.”

“This individual is responsible for bringing danger and violence to our neighborhoods, and for this, he will spend significant time behind bars,” said FBI Special Agent in Charge Eric Smith. “The FBI will continue collaborative efforts to rid our communities of armed drug dealing criminals.”

 “The 20-year sentence of Jayvon Wynne should continue to send a message to those in our community who wish to break the law," said Toledo Police Chief George Kral. "That message being, that we will not rest until you are off of our streets. Wynne was the third defendant who was involved in a felonious assault where TPD officers were the targets. I appreciate and value the relationships TPD has with of federal partners, and will tirelessly work to keep Toledo safe.”

According to the indictment filed in this matter, from 2014 to 2017, Wynne and nine other defendants worked together and conspired to distribute large amounts of heroin and fentanyl in the Toledo area. Wynne admitted to playing an aggravating role in the conspiracy and exercised a degree of control over the activities of the other defendants. Wynne admitted to initiating a strategy of providing free half grams of heroin to customers on Sundays who had purchased narcotics from the group throughout the week. On July 25, 2017, Wynne possessed more than five grams of heroin and a Glock 9 mm pistol, which he used in furtherance of drug trafficking.  

Wynne is currently serving 18 years in state prison for two convictions of felonious assault, one of which carries a firearm specification. His federal sentence will run concurrently.

Previously sentenced in this matter are:

• Chad Burkholder, age 37, of Toledo, sentenced to 70 months imprisonment on one count of conspiracy to possess with the intent to distribute and distribution of controlled substances.
• Ryin Douglas-Reed, age 30, of Toledo, sentenced to 100 months imprisonment on one count of conspiracy to possess with the intent to distribute and distribution of controlled substances.
• Laurie Lehman, age 51, of Toledo, sentenced to 65 months imprisonment on one count of conspiracy to possess with the intent to distribute and distribution of controlled.
• Julie Murdock, age 49, of Toledo, was sentenced to 30 months imprisonment on one count of conspiracy to possess with the intent to distribute and distribution of controlled.
• Russell Watson, age 36, of Toledo, sentenced to 68 months imprisonment on one count of conspiracy to possess with the intent to distribute and distribution of controlled and one count of possession with the intent to distribute a controlled substance.

Terrance Allen, 28; Nathaniel Barringer, 25; Megan Champion, 42, and Donte Walker, 32, all of Toledo have previously pled guilty for their roles in this conspiracy and are scheduled to be sentenced in September 2020.

This case was investigated by the Federal Bureau of Investigation and Toledo Police Department, the Toledo Metro Drug Task Force and Northwest Ohio Violent Crime Task Force. It is being prosecuted by Assistant U.S. Attorney Alissa M. Sterling and Assistant U.S. Attorney Matthew D. Simko.

The U.S. Attorney’s Office for the Northern District of Ohio announced today that a federal grand jury indicted three men in the Northern District this week on child pornography charges. These are separate cases and are not related.

Matthew Barlow, age 38, of Akron was indicted on two counts of transportation of visual depictions of minors engaged in sexually explicit conduct, one count of sexual exploitation of children, and one count of possession of child pornography. According to the criminal complaint filed in this case, from February 2016 through April 2020, Barlow used an email account to receive and possess approximately 1,483 images of child pornography, which contained visual depictions of real minors engaged in sexually explicit conduct. Furthermore, the affidavit states that some of the images may have depicted a minor that had previously lived with Barlow. Barlow is a registered sex offender in the State of Ohio.

The case was investigated by SA Benjamin Shaw, Homeland Security Investigations (HSI), Cleveland Office.  This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. 

Andrew Allen Meek, age 48, of Leetonia was charged on a two-count indictment with receipt and distribution of visual depictions of minors engaged in sexually explicit conduct, and possession of child pornography. According to the complaint filed in the matter, on February 25, 2020, federal agents executed a search warrant at the defendant’s address in Leetonia and seized various digital items. During an investigation of these items, numerous depictions of child pornography were discovered.

The case was investigated by the Youngstown office of the Federal Bureau of Investigation, the Ohio Bureau of Criminal Investigation, and the Mahoning Valley Violent Crimes Task Force. This case is being prosecuted by Assistant U.S. Attorney Michael A. Sullivan.

David M. Schade, age 33, of Cleveland was charged on a three-count indictment with sexual exploitation of a minor, receiving visual depictions of a minor engaged in sexually explicit conduct, and possession of child pornography.

According to the criminal complaint filed in the matter, from March through April 2020, the defendant used the social media platform Snapchat to coerce a minor into engaging in sexually explicit conduct for the purpose of producing and transmitting child pornography.  During a federal search warrant of the defendant’s residence, investigators discovered numerous devices containing images of child pornography.

The case was investigated by Investigator David Frattare of the Ohio Internet Crimes Against Children Task Force and the Department of Homeland Investigations, Cleveland Office. This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. 

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

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

The U.S. Attorney’s Office for the Northern District of Ohio announced today that a federal grand jury returned a two-count indictment charging Thomas Daniel Johnson, age 34, of Toledo with sexual exploitation of a minor and receipt and distribution of child pornography.

According to the criminal complaint filed in the matter, the defendant was believed to have been engaged in the distribution of online child pornography and was attempting to facilitate sexual encounters with a minor who occasionally stayed at his residence. On November 22, 2019, federal investigators and members of the Child Exploitation and Human Trafficking Taskforce executed a search warrant at the defendant’s residence.  During the search, law enforcement seized several electronic devices that were later discovered to contain large amounts of child pornography. 

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 records, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

The investigation was conducted by the FBI and the Toledo Police Department, as part of a state-federal task force on child exploitation. This case is being prosecuted by Assistant United States Attorney Tracey B. Tangeman.

The U.S. Attorney’s Office for the Northern District of Ohio announced today that John George Medas, 67, of North Royalton, was indicted on 25 counts of failing to pay over taxes from employees and one count of embezzling from his employees’ health plan.

Medas owned and operated various manufacturing businesses and served as President of Guarantee Product Specialties, Inc., Fulton Manufacturing Industries, LLC, and FMI Products, LLC.

According to the indictment, Medas withheld payroll tax from employees but failed to pay these taxes to the IRS.  Medas failed to pay over $760,725 from April 30, 2014, to January 31, 2019.  Medas also withheld $3,807 in pre-tax health contributions and embezzled the funds between July 29, 2016, and September 16, 2016.

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

The investigation preceding the indictment was conducted by the Internal Revenue Service – Criminal Investigations and the U.S. Department of Labor.  The case is being prosecuted by Assistant U.S. Attorney Brian McDonough.

The U.S. Attorney’s Office for the Northern District of Ohio announced today that a federal grand jury returned a two-count indictment charging Raymond Thomas Jordan, age 39, of North Carolina with sexual exploitation of a minor and receipt or distribution of child pornography.

According to the criminal complaint filed in this matter, on January 15, 2020, an Ohio State Highway Patrol Trooper conducted a traffic stop on a semi-truck pulling a trailer on Interstate 80 in Wood County. The defendant was observed driving the vehicle and next to him was a minor who appeared very young. Both the defendant and the minor provided a false date of birth to the Trooper. It was later learned that the minor was under the age of 18 and a runaway from the State of California. Due to this fact, a decision was made to transport both the defendant and the minor to the OSHP Bowling Green Post for further investigation.

According to the criminal complaint, the defendant admitted to possession of child pornography. During a search of the defendant’s vehicle, 21 electronic devices were seized. An investigation into the defendant’s personal cell phone and electronic devices discovered numerous files containing child pornography, including images of the minor found in the defendant’s vehicle.

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 records, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

The investigation was conducted by the Ohio State Highway Patrol and the U.S. Secret Service. This case is being prosecuted by Assistant United States Attorney Tracey B. Tangeman.

The U.S. Attorney’s Office for the Northern District of Ohio announced today that a federal grand jury returned a two-count indictment charging Christian Stanley Ferguson, age 20, of Cleveland, Ohio with attempted kidnapping. Ferguson was arrested on May 8, 2020, for an attempted plot to ambush and kidnap law enforcement officers responding to a false distress call.

“Christian Ferguson was actively planning to ambush, kidnap, and even kill law enforcement officers in order to carry out his plot of a violent uprising," said U.S. Attorney Justin Herdman. "We must demonstrate that these types of threats to law enforcement or to commit such heinous acts of violence in our community will not be tolerated.”

“The primary mission for law enforcement officers and special agents is to protect the public,” said FBI Cleveland Special Agent in Charge Eric B. Smith. “Christian Ferguson's primary mission was to kill as many law enforcement personnel as he could, an unfathomable concept.  Thanks to the public for advising the FBI of the hateful and violent feelings Ferguson held for law enforcement.  This information led to the swift disruption of Ferguson's plans and his reckoning with the criminal justice system.  Law enforcement reminds the public:  see something, say something!”

“We were happy to assist the FBI with this case, especially due to the seriousness of the threats,” said Cuyahoga Falls Police Chief Jack Davis. “The Cuyahoga Falls Police Department members have always enjoyed a great working relationship with the local agents, and this was yet another opportunity for local and federal law enforcement to work together.”

"The National Park Service is deeply appreciative of the work of the FBI and United States Attorney on this case,” said CVNP Chief Ranger Bruce Gagnon. “This indictment is good news for the men and women of law enforcement across the region." 

According to the criminal complaint filed in this matter, over the course of several weeks, Ferguson engaged in violent and extremist postings made on cross-platform social media communication applications. In these postings, Ferguson discussed his desire to call police to report a false crime was in progress to prompt a response by law enforcement.

Specifically, he expressed an interest in a response by federal law enforcement because he believed they had better quality firearms and body armor to steal.  He made statements about tactical options for killing multiple targets and  the disposal of their bodies. He reaffirmed his plan to ambush law enforcement, kill them, rob them of their weapons, and start an uprising.

As a result of online conversations in a chatroom controlled by Ferguson, he met on several occasions with individuals to further discuss Ferguson’s plan in order to see it to fruition. Ferguson then engaged in practice drills with an AR-15 rifle and, on one occasion, conducted reconnaissance in a dry run.  He ultimately facilitated a hoax distress call within the boundaries of the National Park to gauge response time by Park Rangers. Ferguson believed four federal officers arrived and indicated that if that many officers respond to the actual event, they would likely have to kill them all. 

Ferguson was arrested, without incident, on May 8th and is currently in federal custody.

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

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

This case was investigated by the Cuyahoga Valley National Park Rangers, Cuyahoga Falls Police Department, City of Cuyahoga Falls Prosecutor’s Office, and the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorneys Duncan Brown and Daniel Riedl.

The U.S. Attorney’s Office for the Northern District of Ohio announced today that a federal grand jury in Cleveland returned a three-count indictment charging Justin Michl, age 23, of Akron with intent to distribute Tetrahydrocannabinol (THC), possession of firearms in furtherance of a federal drug trafficking offense and money laundering.

According to the criminal complaint filed in this matter, On July 12, 2019, federal agents executed a search warrant at the defendant’s residence in Akron and recovered over 3,500 THC vape cartridges. These cartridges contained a liquid that, according to the Drug Enforcement Administration (DEA), may contain extraordinarily high THC levels ranging from 40% to 80%. This form of marijuana can be up to four times stronger in THC content than high-grade marijuana, which normally measures around 20% THC levels.

In addition to the THC cartridges, agents recovered four firearms, ammunition, and $85,627 in United States currency.  Agents also discovered that Michl purchased an all-terrain vehicle with drug trafficking proceeds in February of 2019. 

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 records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

The investigation was conducted by the 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, U.S. Food and Drug Administration, U.S. Postal Inspection Service and the Department of Homeland Security, Homeland Security Investigations. This case is being prosecuted by Assistant U.S. Attorney Aaron Howell.

A federal grand jury in Toledo, Ohio returned a four-count indictment today charging Sherry-Ann Jenkins, age 55, and Dr. Oliver H. Jenkins, age 57, both formerly of Ottawa Hills, Ohio, on one count each of conspiracy, mail fraud, wire fraud, and health care fraud in connection with their development and operation of the Toledo Clinic Cognitive Center from approximately 2013 through 2016.

According to the indictment filed for this case, from November 2013 to March 2016, Dr. Sherry-Ann Jenkins and Dr. Oliver Jenkins operated a business known as the Toledo Clinic Cognitive Center to diagnose and treat patients with cognitive disorders, particularly those suspected of suffering from dementia and Alzheimer ’s disease. The Center would later become a formal part of the Toledo Clinic.  Dr. Oliver Jenkins was to serve as the Cognitive Center’s Medical Director, and Dr. Sherry-Ann Jenkins would serve as the Center’s Director, responsible for overseeing the day-to-day operations. Dr. Sherry-Ann Jenkins had no clinical education, training, or certification. Defendant Sherry-Ann Jenkins had no medical background, affiliation, or licenses to provide medical care of any type.

Immediately following the opening of the Cognitive Center in 2014, Dr. Sherry-Ann Jenkins began performing as a fully qualified and licensed physician or psychologist.  She began assessing, diagnosing, and treating patients for perceived cognitive disorders. She would often order PET scans, which she was unqualified to do, for her patients, and then used the scan results to diagnose a patient with a cognitive disorder. She would then bill these patients for her time as a physician using Dr. Oliver Jenkins National Provider Identifier (NPI) number. Dr. Oliver Jenkins never saw these patients for cognitive care.

The defendants never disclosed that Dr. Sherry-Ann Jenkins was neither trained nor licensed to provide any type of medical care or that Dr. Oliver Jenkins, who was licensed to provide medical care, was rarely present.

Dr. Sherry-Ann Jenkins billed patients and federal health care benefits programs, Medicare and Medicaid, for services for which she was not eligible to bill, were unnecessary, or never performed, and made it appear that Dr. Oliver Jenkins was the rendering provider.

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

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation in Toledo, Ohio, the United States Department of Health and Human Services, Office of Inspector General in Cleveland, Ohio, the Ohio Attorney General’s Medicaid Fraud Control Unit, and the Ohio State Medical Board.  The case is being prosecuted by Assistant U.S. Attorneys Gene Crawford and Brian McDonough.

Alisa Haynes, age 45, and Alexis Fortune, age 26, of Toledo, were sentenced today after pleading guilty to one count each of witness tampering days before the trial of former Toledo pastor and convicted felon, Anthony Haynes. Alisa Haynes was sentenced to 24 months in prison, and Alexis Fortune was sentenced to 48 months in prison. Alisa Haynes is the wife of Anthony Haynes, and Alexis Fortune is his step-daughter. 

According to the plea agreement filed for the case, while Anthony Haynes was under federal indictment for sex trafficking of children and child pornography, both defendants visited a victim in the case at her apartment in order to force her to recant statements made to law enforcement. The defendants coerced the victim into leaving two voicemails on Alisa Haynes’s cell phone, stating that she was never trafficked or victimized by Anthony Haynes. Fortune and Haynes intended to share these voicemails with the attorney for Anthony Haynes to be used in the upcoming trial.

The victim reported these incidents to law enforcement and later went on to testify against Anthony Haynes. Haynes was sentenced to life in prison in June of 2019.   

This case was investigated by the Federal Bureau of Investigation’s Northwest Ohio Violent Crimes against Children Task Force and the Ohio Attorney General’s Bureau of Criminal Investigation. The case was prosecuted by Assistant U.S. Attorneys Ashley A. Futrell and Michael J. Freeman.

UPDATE

The government dismissed all charges alleged in the indictment described in the press release below.

Assistant Attorney General for National Security John C. Demers, U.S. Attorney Justin E. Herdman of the Northern District of Ohio, and FBI Cleveland Special Agent in Charge Eric B. Smith announced a former Cleveland Clinic employee was arrested yesterday without incident by law enforcement and had his initial court appearance today.

Dr. Qing Wang, a former Cleveland Clinic Foundation (CCF) employee, is charged with false claims and wire fraud related to more than $3.6 million in grant funding that Dr. Wang and his research group received from the National Institutes of Health (NIH). 

According to the criminal complaint, Dr. Wang knowingly failed to disclose to NIH that he had an affiliation with and held the position of Dean of the College of Life Sciences and Technology at the Huazhong University of Science and Technology (HUST) and received grant funds from the National Natural Science Foundation of China (CNSF) for some of the same scientific research funded by the NIH grant.  As a result, Dr. Wang’s false representations and promises led NIH to approve and fund grants to Dr. Wang and his research group at CCF. 

It is also alleged that Dr. Wang participated in the Thousand Talents Program, a program established by the Chinese government to recruit individuals with access to or knowledge of foreign technology and intellectual property.  As a result of his admission into the TTP, China provided $3 million in research support to enhance the facilities and operations at HUST.  Dr. Wang received free travel and lodging for his trips to China, to include a three-bedroom apartment on campus for his personal use.  This also occurred at the time Dr. Wang was receiving NIH grant funds yet failed to disclose this affiliation to the NIH.

This case was investigated by the Cleveland Division of the FBI and the United States Department of Health and Human Services, Office of Inspector General and is being prosecuted by the U.S. Attorney’s Office – Northern District of Ohio.

A charge 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.

The U.S. Attorney’s Office for the Northern District of Ohio announced that the Justice Department’s Office of Community Oriented Policing Services (COPS Office) and the Office of Justice Programs’ Bureau of Justice Assistance have awarded more than $61 million in grant funding to support the Attorney General’s Operation Relentless Pursuit (ORP) initiative. Of that $61 million, Cleveland area law enforcement will receive approximately $10 million in awards.

Launched on Dec. 18, 2019, ORP aims to intensify federal law enforcement resources into seven American cities with violent crime levels several times the national average - Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee.

The award breakdown for Cleveland area law enforcement is as follows:

1. Cleveland Division of Police– $7,968,944 for funding 30 position.
2. Ohio State Highway Patrol & Ohio Investigative Unit – $1,281,658 for funding 5 positions.
3. Ohio Division of Adult Parole Authority – $752,014 for funding 4 positions.

These awards will allow for the hiring of additional law enforcement officers to combat violent crime through the Operation Relentless Pursuit initiative.

“While violent crime is down across the country as a whole, some communities remain caught in the grips of violent actors,” said Attorney General William P. Barr. “That’s why I launched Operation Relentless Pursuit last December – an initiative to combat violent crime in seven cities where it remains stubbornly high. Today’s grant awards are critical to our mission. We cannot succeed in eradicating crime without resources – the most vital of which are the brave men and women who serve and protect our communities each day. These funds will boost the forces that need them most.”

“This funding from the Department of Justice is an important commitment in our continued fight against violent crime in Cleveland’s neighborhoods,” said U.S. Attorney Justin Herdman. “These awards will help hire more police officers, highway patrol, adult parole officers, and investigators to help combat violent crime on the streets of our city. Operation Relentless Pursuit will enable us to continue building partnerships between multiple law enforcement divisions in order to better serve the public and bring dangerous, violent criminals to justice.”

The COPS Office, through its COPS Hiring Program (CHP), awarded a total of $51 million to be used to hire 214 sworn law enforcement officers for state and local law enforcement task forces. The recipients of the funding will deploy existing veteran officers to task force duties and use the CHP funding to hire new recruits to backfill those positions, as practical. Officers deployed to

Operation Relentless Pursuit task forces as a result of CHP funding must be sworn, career law enforcement officers of the awarded agency, and their work on the task force must benefit their jurisdiction. In addition, they are required to work with their respective U.S. Attorney’s Office (USAO) and rel­evant federal agencies to investigate and prosecute suspects involved in gangs, drug trafficking, and other violent crime– related issues.

“Successful strategies to target and reduce violent crime are extremely resource intensive,” said COPS Office Director Phil Keith.  “There is no greater resource than additional men and women on the front lines of relentless fight against gangs, drug traffickers and those that mean harm to our nation’s communities.  The funding announced today is greatly needed for the Operation Relentless Pursuit jurisdictions and the COPS Office is honored to dedicate resources for this effort.”

For more information on the COPS Hiring Program ORP grants, please visit: https://cops.usdoj.gov/pdf/2020AwardDocs/chp/FY20_Relentless_Pursuit_Fact_Sheet.pdf

The Office of Justice Programs’ Bureau of Justice Assistance (BJA) is making $10 million available to support Operation Relentless Pursuit. BJA funds will support efforts such as the hiring of additional prosecutors, overtime expenses for task force members, multi-agency investigations, mobile data terminals and modern technological platforms, and development of strategic plans to address gaps in combating violent crime.

“The responsibility for fighting crime and violence belongs to agencies at every level of government, and winning that fight turns on our ability to deploy our collective resources wisely and effectively,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are eager to make these funds available so that our federal, state and local partners can continue the vital and noble work of protecting America’s most dangerous communities.”

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

In honor of National Police Week, Ohio’s top federal and state law enforcement officials are asking the public to set aside some time this week to recognize or thank a law enforcement officer for their service. National Police Week is observed Sunday, May 10 through Saturday, May 16, 2020.

Click here to view the video clip of Governor Mike DeWine, U.S. Attorney Justin Herdman, U.S. Attorney David DeVillers and Ohio Attorney General Dave Yost.

“There is no more noble profession than serving as a police officer,” said Attorney General William P. Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”

“Police Week is a time to honor and remember those who have given the ultimate sacrifice in the line of duty, but it is also a time to express appreciation to those who put their lives on the line for our community’s peace and security,” said U.S. Attorney Justin Herdman. “This week, I’m asking everyone in Northern Ohio to take some time to thank a law enforcement officer and to express your gratitude for their service to our community.”

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

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

Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019.  Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.

The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 pm (EDT).  The online event can be viewed at https://www.youtube.com/user/TheNLEOMF.

U.S. Attorney Justin Herdman sent a letter to Northern Ohio housing advocacy groups asking anyone who has witnessed or experienced sexual harassment by a landlord, property manager, maintenance worker, or anyone with control over housing to report that conduct to the Department of Justice.

 “As a result of the COVID-19 public health crisis, many in our communities have found themselves out of work, furloughed, or otherwise in dire financial straits,” said U.S. Attorney Herdman in his letter.  “This has led many to seek abatements or suspensions of their rent or to seek other accommodations during this time. While many landlords and housing providers have positively responded with understanding, others have seen an opportunity to exploit the financially vulnerable through demands for sexual favors and other acts of unwelcome sexual misconduct. Please know that the U.S. Attorney’s Office remains ready to investigate complaints of sexual harassment in housing and to deploy all available enforcement tools against anyone who engages in this behavior.”

According to a recent memo from Attorney General William Barr, there have been reports of landlords who have responded to requests to defer rent payments with demands for sexual favors and other acts of unwelcome sexual conduct. Such behavior is illegal under the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.

The Attorney General has directed U.S. Attorney’s Offices across the country to investigate reports of housing-related sexual harassment resulting from the current COVID-19 pandemic. The Attorney’s General’s directive reaffirms the commitment that the Department of Justice made when it launched the Sexual Harassment Initiative in October 2017.

The Justice Department’s Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the Initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing.

The U.S. Attorney’s Office for the Northern District of Ohio will work closely with state and local partners to identify incidents of sexual harassment in housing.

The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178 or emailing fairhousing@usdoj.gov.

Individuals who believe they may have been victims of discrimination may also contact the U.S. Attorney’s Office for the Northern District of Ohio at 216-622-3932 or in Toledo at 1-833-938-1375. You may also contact us via email at USAOHNCivilRights@usdoj.gov.

U.S. Attorney’s Office for the Northern District of Ohio at 216-622-3932 or via email at USAOHNCivilRights@usdoj.gov.

Individuals may also file a complaint alleging harassment or discrimination in housing with the Department of Housing and Urban Development through HUD’s website or by calling (800) 669-9777.

Read a copy of the U.S. Attorney’s letter here.

Donte L. Gibson, age 41, and Audrey J. Gibson, age 36, of Akron were sentenced today for their roles in a conspiracy to bring large amounts of fentanyl and carfentanil into the United States from China and then sell the drugs in Akron and Lorain, as well as firearms and money laundering violations. Donte Gibson was sentenced to 300 months in prison with five years of supervised release, and Audrey Gibson was sentenced to 130 months in prison with 3 years of supervised release.

Donte and Audrey Gibson were the last of nine codefendants sentenced in this matter. All nine defendants were indicted on charges of conspiracy to possess with intent to distribute more than 200 grams of carfentanil.

“These two defendants were the leaders of a drug trafficking ring that used illegal weapons and brought large amounts of fentanyl and carfentanil into our neighborhoods, endangering the lives of so many in our community,” said U.S. Attorney Justin Herdman. “Today’s sentencing reaffirms our commitment to keeping dangerous drugs and weapons off our streets.”

“This case demonstrates the lengths drug dealers will go to obtain deadly drugs to feed the addiction of their customers,” said FBI Special Agent in Charge Eric B. Smith. “This group flaunted their lucrative drug trafficking organization proceeds by purchasing homes, cars and other items in an attempt to hide their cash.  The FBI will continue working with our law enforcement partners to help rid our communities of the individuals that bring poison to our streets.”

"These defendants not only fueled the Opioid drug problem in Northern Ohio, but they supported addiction in several parts of the country,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Criminals and criminal organizations use money laundering as a way to inject their illicit proceeds into our local economies. The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs. Without these ill-gotten gains, the traffickers could not finance their organizations. Today's sentencings are a direct result of the excellent partnership between the IRS, the U.S. Attorney’s Office, and the FBI’s Safe Streets Task Force.”

“Fentanyl and carfentanil continue to be the deadliest illegal drugs that we are up against in the law enforcement community,” said HSI Special Agent in Charge Vance Callender. “HSI has uniquely built a network of domestic and international law enforcement partnerships to bring consequences to criminal enterprises that operate on a global scale to profit from distributing this lethal poison in our local communities.”

Between May 2016 and February 2018, Mr. and Mrs. Gibson purchased fentanyl and carfentanil from China over the internet and had the drugs shipped to various locations in the Akron-Canton area through the U.S. Postal Service. The Gibsons then directed others to open post office boxes throughout the area, and used co-conspirators to pick-up the packages. The Gibsons then distributed the drugs to others for sale in Akron and Lorain.

Previously sentenced on this matter were:

• Lori E. Martin, age 59, of Barberton was sentenced on January 28, 2019 on one count of conspiracy to commit money laundering to two years of probation.
• Dontaysha S. Gibson, age 23, of Akron was sentenced on January 16, 2019 on one count each of conspiracy to possess and distribute fentanyl and carfentanil and money laundering to 15 months in prison.
• Derrick A. Adams II, age 24, of Akron was sentenced on January 24, 2019 on one count each of conspiracy to distribute and possess with the intent to distribute fentanyl and carfentanil and possession of a firearm in furtherance of a drug trafficking crime to 120 months in prison.
• Lisa A, Richardson, age, 56 of Akron was sentenced on February 28, 2019 on one count each of conspiracy to possess and distribute fentanyl and carfentanil and conspiracy to commit money laundering to 51 months in prison.
• Ajarae C. Hisle, age 29, of Lorain was sentenced on February 19, 2019 on one count of conspiracy to possess and distribute fentanyl and carfentanil to one month in prison and seven months of home confinement.
• Jamar Jackson, age 30, of Lorain was sentenced on February 1, 2019 on one count of conspiracy to possess and distribute fentanyl and carfentanil to 57 months in prison.
• Garret R. Frantz, age 22, of North Canton was sentenced on January 28, 2019 on one count of conspiracy to possess and distribute fentanyl and carfentanil to one day in prison and eight months of home confinement.

Prosecutors were able to secure forfeiture of more than $250,000 in assets, two firearms, and ammunition seized as part of the investigation, as well as a home in Akron.

This case was investigated by the FBI’s Safe Streets Task Force -- which is comprised of agents and officers from the Federal Bureau of Investigation, Homeland Security Investigations, U.S. Postal Inspection Service, Internal Revenue Service and the Akron Police Department. The case was prosecuted by Assistant U.S. Attorney Mark S. Bennett and Danielle Asher.

For more background on this case, click here.

U.S. Attorney Justin Herdman joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week.  This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”

“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr.  “To these victims, we affirm our unwavering commitment to supporting them in their hour of need.  We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”

“It is important that we take the time this week to recognize survivors of crime and the rights of victims during National Crime Victims’ Rights Week,” said U.S. Attorney Justin Herdman. “Anyone who has been victimized by crime deserves justice. Our office continues to work non-stop, every day, to fight on the behalf of victims and prosecute those who would do harm.”

“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs.  “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”

During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services.  This year, many communities are organizing virtual gatherings and online public awareness campaigns.

Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey.  The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. 

Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.

This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others.  The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.

Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda.  He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims.  President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.

This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when award recipients may be honored in person.  During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims.  The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services.  Visit www.ovc.gov/gallery to learn more about past recipients.

“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart.  “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival.  I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”

For more information on how to create public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ojp.gov/.

April is National Child Abuse Prevention Month and U.S. Attorney Justin Herdman of the Northern District of Ohio and Vance Callender, Special Agent in Charge for Homeland Security Investigations (HSI) Detroit, are reminding parents to be vigilant of their children’s online activities.

“The work our office and partners do to protect children and prevent abuse never stops, even during a national emergency,” said U.S. Attorney Herdman. “We are all committed to finding and prosecuting anyone who would exploit or endanger the children in our community. Parents can help us in this fight by taking an active role in knowing who their children talk to and what they do online.”

“Child predators continue to target young people even during this public health crisis,” said Special Agent in Charge Vance Callender. “We want everyone to know that while some aspects of regular life have been temporarily paused, HSI is designed to easily adapt to ensure its aggressive ability to protect children.”

“Ongoing investigations against child predators have not slowed down in the slightest,” said Ben Shaw, HSI Cleveland special agent. “Last week HSI arrested Matthew Barlow, a known sex offender, for possession and receipt of numerous images of child pornography. As the arrest of Mr. Barlow demonstrates, HSI investigations continue unaffected through this national crisis.” 

U.S. Attorney Herdman and HSI offered the following tips to help protect your children online.

• Review and approve games and apps before they are downloaded.
• Make sure privacy settings are set to the strictest level possible for online gaming systems and electronic devices.
• Monitor your children’s use of the internet; keep electronic devices in an open, common room of the house.
• Check your children’s profiles and what they post online.
• Explain to your children that images posted online will be permanently on the internet.
• Make sure children know that anyone who asks a child to engage in sexually explicit activity online should be reported to a parent, guardian, or other trusted adult, as well as law enforcement.

To report suspicious activity or instances of child sexual exploitation, contact your local law enforcement agency. Tips can be submitted online at www.ice.gov/tipline, by phone at 866-DHS-2-ICE or by contacting your local HSI office. Reports can also be filed with NCMEC at 1-800-THE-LOST or online at www.cybertipline.org.

Matthew Barlow, age 38, of Akron was arrested this week on a federal complaint charging him with possession/access with intent to view child pornography and receipt of child pornography.

According to the affidavit in support of the complaint, from February 2016 through March 2020, Barlow used an email account to receive and possess approximately 1,483 images of child pornography which contained visual depictions of real minors engaged in sexually explicit conduct. Furthermore, the affidavit states that some of the images may have depicted a minor that had previously lived with Barlow.

Barlow is a registered sex offender and has been previously convicted of “Pandering Sexual Matter Involving Minor” in 2016 and “Illegal Use of Minor in Nude Material or Performance” in 2018.

A complaint 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.

This investigation is being conducted by the Department of Homeland Security, Homeland Security Investigations and the Ohio Internet Crimes Against Children (“ICAC”) Task Force.  The case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik.

U.S. Attorney Justin Herdman sent a letter to Northern Ohio hospitals today encouraging employees and medical professionals to report individuals and companies that may be acquiring or selling medical supplies for the purpose of price-gouging or hoarding.

“Our office is prioritizing the deterrence, investigation, and prosecution of wrongdoing related to the COVID-19 pandemic—including those engaged in hoarding and/or price-gouging critical medical supplies,” said U.S. Attorney Herdman. “We are asking for your assistance in identifying individuals and companies that may have acquired vital medical supplies in excess of what they would reasonably use, or for the purpose of charging exorbitant prices. These practices are not only morally repugnant in light of the pandemic we are facing, but also, if left unchecked, can inhibit hospitals, physicians and other health care professionals, governmental agencies, and the public from fully implementing measures designed to save lives and mitigate the spread of the novel coronavirus.”

The letter was sent to various hospitals and healthcare systems in Northern Ohio as part of a coordinated, nationwide effort to combat COVID-19 related fraud. On March 20, Attorney General William Barr directed all 93 U.S. Attorneys to prioritize the investigation and prosecution of COVID-19 fraud.

The U.S. Attorney’s Office encourages the public to report COVID-19 related fraud to the National Center for Disaster Fraud (NCDF) hotline at 1-866-720-5721 or email tips to the Northern District office at USAOHN.COVID19@usdoj.gov.

Read U.S. Attorney Herdman's letter to hospital leadership below.

U.S. Attorney Justin Herdman and Special Agent in Charge of the IRS-CI Cincinnati Field Office, Bryant Jackson, warned Ohioans today to be alert for possible scams related to upcoming economic impact payments made during the COVID-19 pandemic.

“Everyone should expect that scammers will try to take advantage of this crisis and the upcoming economic impact payments,” said U.S. Attorney Justin Herdman. “They will try to find a way to get recipients to divulge personal information such as a Social Security number or bank account information. Alternatively, fraudsters may try to pressure recipients into making phony payments or otherwise relinquishing funds.  We are strongly encouraging everyone to be on high alert, both before and after the payments arrive, for potential scams.”

“Ruthless criminals will take this opportunity to prey upon our fears in order to try and line their own pockets by stealing your money or your personal information,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

The Treasury Department and the Internal Revenue Service announced this week that COVID-19 economic impact payments will begin in the next three weeks. For many Americans, this will be done through direct deposit into their bank account. For the unbanked, elderly or other groups that have traditionally seen receive tax refunds via paper check, economic impact payments will be received similarly.

United States Attorney Herdman and Special Agent in Charge Jackson offer the following information and tips to spot a scam and understand how the COVID-19 related economic impact payments will be issued.

• The IRS will deposit your check into the direct deposit account you previously provided on your tax return (or, in the alternative, send you a paper check).
• The IRS will not call and ask you to verify your payment details. Do not give out your bank account, debit account, or PayPal account information - even if someone claims it's necessary to get your check. It's a scam.
• If you receive a call, don't engage with scammers or thieves, even if you want to tell them that you know it's a scam, or you think that you can beat them. Just hang up.
• If you receive texts or emails claiming that you can get your money faster by sending personal information or clicking on links, delete them. Don't click on any links in those emails.
• Be on the look-out for bogus checks. If you receive a “check” in the mail now, it’s a fraud - it will take the Treasury a few weeks to mail those out. If you receive a “check” for an odd amount (especially one with cents), or a check that requires that you verify the check online or by calling a number, it’s a fraud.
• Scammers will often attempt to trick you into signing over your stimulus check or pressure you into “verify” your filing information in order to receive your money. They will then use your personal information at a later date to file false tax returns.

Report fraud related to the COVID-19 crisis to the National Center for Disaster Fraud (NCDF) hotline at 1-866-720-5721 or email tips to the United States Attorney’s Office at USAOHN.COVID19@usdoj.gov

For more information, visit the IRS website at www.irs.gov/coronavirus.

The Department of Justice today announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.

“The Justice Department is acting swiftly to help public safety agencies in Northeast Ohio and across the nation ease the financial burden caused by the continuing response to the current health pandemic,” said U.S. Attorney Justin Herdman. “We are grateful for the hard work done day in and day out by our public safety partners and their resilience during this crisis.”

“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”

The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.

Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.

For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.

U.S. Attorney Justin Herdman of the Northern District of Ohio announced today that more than $163 million in Department of Justice grant funding is available to help communities address the addiction crisis across the nation.

“We must continue to keep up the fight against substance abuse and addiction in our community,” said U.S. Attorney Herdman. “The Department of Justice is making historic amounts of grant funding available to directly benefit those groups and organizations in our community that are on the front lines of this battle.”

 The funding is available through Office of Justice Programs (OJP), the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs designed to prevent overdose deaths and break the cycle of addiction and crime. 

A number of funding opportunities that address the addiction crisis are currently open:

Adult Drug Court and Veterans Treatment Court Discretionary Grant Program

https://bja.ojp.gov/funding/opportunities/bja-2020-17098

Total available: $1.75 million                                                        

Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program

https://bja.ojp.gov/COSSAP20

Total available: $27 million                                               

Enhancing Community Responses to America's Addiction Crisis: Serving Our Youngest Crime Victims

https://www.ovc.gov/grants/pdftxt/fy-2020-enhancing-community-responses-to-drug-crisis.pdf

Total available: $19 million

Family Drug Court Program

https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17090

Total available: $18.2 million                                            

Harold Rogers Prescription Drug Monitoring Program

https://bja.ojp.gov/funding/opportunities/bja-2020-17754

Total available: $28.1 million             

Juvenile Drug Treatment Court Program

https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17051

Total available: $7.2 million          

Mentoring Opportunities for Youth Initiative

https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-16930

Total available: $48 million                                             

Opioid Affected Youth Initiative

https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17352

Total available: $9 million                                               

Research and Evaluation on Drugs and Crime          

https://nij.ojp.gov/funding/opportunities/nij-2020-17275

Total available: $1 million                                                           

Residential Substance Abuse Treatment for State Prisoners

https://bja.ojp.gov/RSAT20

Total available: $4.5 million        

For more information and to review the deadline for submitting grant applications, please visit https://www.ojp.gov/funding/explore/current-funding-opportunities

On Sunday, March 22, the State of Ohio Board of Pharmacy held an emergency Sunday session in order to issue a rule prohibiting pharmacists from dispensing chloroquine or hydroxychloroquine for  COVID-19 unless a person has tested positive for the virus or is otherwise approved by the pharmacy board’s executive director. 

Today, U.S. Attorneys Justin Herdman and David DeVillers, Ohio Attorney General David Yost and the State of Ohio Board of Pharmacy, issued a joint statement confirming that they are aware of the allegations leading to the Board of Pharmacy order and declared a joint commitment to investigating any violations of state or federal law committed by any individuals or entities, including healthcare professionals. 

“These are extraordinary times for the world, our nation, and the great state of Ohio. While we are seeing the absolute best of our healthcare professionals as they help to address the COVID-19 crisis, we will remain vigilant to address any self-serving behavior by any member of the medical community. Be assured that we will do our due diligence in holding accountable anyone who may be prescribing outside a legitimate medical purpose. Where we find doctors or others who are abusing their professional licenses to help themselves or associates, we will move swiftly to identify and prosecute any wrongdoing that is a violation of federal or state law. We are committed to pursuing all remedies to address misconduct associated with the allegations leading to the Board of Pharmacy action, including seeking criminal penalties where appropriate.”

On March 22, 2020, Governor Mike DeWine authorized the State of Ohio Board of Pharmacy to file emergency rule 4729-5-30.2 of the Administrative Code.

Read the rule here:

Requirements for Dispensing or Selling Chloroquine and Hydroxychloroquine Update 7.30.2020

U.S. Attorney Justin Herdman of the Northern District of Ohio today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address disaster@leo.gov.

In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of COVID-19 fraud schemes.

“The Department of Justice is absolutely committed to bringing to justice those who would seek to take advantage of our friends, family, and neighbors during this challenging time – but we need the public’s help,” said U.S. Attorney Herdman. “The mission of law enforcement never stops, and if you’re a criminal seeking to capitalize on public misconceptions or fear, then you should know that we will find you and prosecute you.”

Some examples of these schemes include:

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share COVID-19 related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.  

  In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a COVID-19 Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the COVID-19, direct the prosecution of COVID-19 related crimes, and to conduct outreach and awareness activities. The Northern District of Ohio COVID-19 Fraud Coordinator is Assistant U.S. Attorney Alex Abreu.

The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes.  The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.

A federal grand jury in Toledo has returned a two-count indictment charging Manish Raj Gupta, aka Manny Gupta, age 49, of Sylvania, Ohio and a Toledo area plastic surgeon, with one count of sex trafficking by force, threats of force, fraud, and coercion and one count of illegally distributing a controlled substance to the sex trafficking victim.

The indictment alleges that, from August through September of 2016, Manish Raj Gupta used force, threats of force, fraud and coercion to compel a woman, identified as Victim #1, to engage in commercial sex by drugging her without her consent or knowledge, outside the course of any legitimate medical treatment, and then committed sexual acts on her while she was unconscious, which he recorded. 

Based on other court records and public filings:

The defendant would travel to medical conferences in large urban areas including Chicago in March and April of 2013, Cleveland of April 2013, Miami/Ft. Lauderdale of June 2015 and July 2019, Los Angeles of September 2016, and various other dates in San Francisco and Detroit. The defendant would often stay at centrally located hotels and hire escorts in the area. He would then administer drugs to his victims and perform sexual acts of violence.

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 records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

Due to the possible nature and scope of potential victims, federal and local law enforcement officials across the country are asking that anyone who may have been victimized or have information about Maish Raj Gupta to contact the FBI at Ohiodoctortips@fbi.gov or call (216) 622-6842.

This case is being investigated by the Federal Bureau of Investigation in Toledo, Ohio. The case is being prosecuted by Assistant United States Attorneys Tracey Ballard Tangeman and Carol Skutnik.

A Brazilian national made his initial appearance in federal court today on charges related to his alleged conspiracy to import more than 700 kilograms of cocaine into the United States.

Trevor Rodrigues, age 39, arrived at Cleveland Hopkins International Airport this week after being extradited from Colombia.  The indictment unsealed today charges Rodrigues with conspiracy to unlawfully import more than 5 kilograms of cocaine from Colombia to the United States.   

Rodrigues was indicted on February 28, 2018, in U.S. District Court for the Northern District of Ohio.  With the assistance of Colombian authorities, Rodrigues was arrested in Bogota, Colombia by the Colombian National Police on February 16, 2019.  The Government of Colombia approved the extradition on January 22, 2020.  He was then extradited to the United States by the United States Marshals Service on March 18, 2020.

“The extradition of this defendant to the United States demonstrates the resolve of our office and the Justice Department, even during this time of national emergency, to protect our communities and enhance public safety,” said U.S. Attorney Herdman.  “This defendant is alleged to have engaged in a conspiracy to import more than 700 kilograms of cocaine into our country.  As we know all too tragically here in Ohio, cocaine is not a glitzy party drug – it’s a stone-cold killer and responsible for almost half of our overdoses in Cuyahoga County last year. The DEA, the U.S. Marshals Service, and the U.S. Attorney’s Office are still open for business.  Drug traffickers, violent criminals, and gang members should be on notice.  Whether you’re in Cleveland or Cartagena, if you’re a threat to the Northern District of Ohio, we will find you and deliver you to a courtroom here.”

“We will continue to track down transnational criminals no matter where in the world they reside or do business,” said DEA Special Agent in Charge Keith Martin.  “This indictment is a great example of law enforcement and prosecutors from different countries working together to safeguard communities and having an impact on crime on a global scale.”

The charges contained in the indictment are merely accusations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by the Drug Enforcement Agency, Cleveland Office of the Detroit Division, with assistance from DEA offices in the following jurisdictions: Miami, Florida; Freeport, Bahamas, New Haven, Connecticut; Cartagena, Columbia; and West Palm Beach, Florida.  Assistant U.S. Attorneys Robert Corts and Patrick Burke are prosecuting the case.

The Justice Department extends it gratitude to the Government of Colombia for making the extradition possible. The United States Marshal’s Service and the Office of International Affairs of the Justice Department’s Criminal Division provided significant assistance in securing the defendant’s extradition from Colombia.

U.S. Attorney Justin Herdman of the Northern District of Ohio announced today that more than $65 million in Department of Justice grants is available to help communities combat human trafficking and serve adults and children who are victimized in trafficking operations.

“Our nation is facing many difficult challenges right now, but we must continue to keep up the fight against human trafficking,” said U.S. Attorney Justin Herdman.  “Human traffickers pose a dire threat to public safety and countering this threat remains one of the Administration’s top domestic priorities. These funds will provide our partners and the greater community with solutions and resources to combat trafficking.”

The funding is available through the Office of Justice Programs (OJP), the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs that support human trafficking task forces and services for human trafficking survivors. 

A number of funding opportunities are currently open, with several more opening in the near future.       

Missing and Exploited Children Training and Technical Assistance Program https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17351

Total available $1.8 million             

Deadline 4/6/2020 (Extended)

Multidisciplinary Task Force Program to Combat Human Trafficking

Total available $22 million                                      

Opens week of 3/16/2020

Preventing Trafficking of Girls

Total available $1.7 million              

Opens week of 3/16/2020  

Research and Evaluation on Trafficking in Persons        

https://nij.ojp.gov/funding/opportunities/nij-2020-17324

Total available $2.5 million                          

Deadline 4/20/2020    

Services for Victims of Human Trafficking

Total available $16.5 million            

Opens week of 3/16/2020

Specialized Training and Technical Assistance on Housing for Victims of Human Trafficking

Total available $2 million

Opens week of 3/16/2020

Human Trafficking Training and Technical Assistance Program

Total available $5 million                                         

Opens week of 3/16/2020

Improving Outcomes for Child and Youth Victims of Human Trafficking      

Total available $6 million                 

Opens week of 3/16/2020

Integrated Services for Minor Victims of Labor Trafficking

Total available $8 million                 

Opens week of 3/16/2020

For more information regarding all OJP funding opportunities, visit

https://www.ojp.gov/funding/explore/current-funding-opportunities

A federal grand jury in Cleveland, Ohio returned a one-count indictment today charging Warren D. Morrow, age 49, of Akron, Ohio with attempted possession with intent to distribute 16 kilograms, approximately 35 pounds, of cocaine.

The indictment alleges that on February 26, the defendant did knowingly and intentionally possess and attempt to distribute 16 kilograms, or 35 pounds, of a substance containing cocaine.

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 records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

This case was investigated by Homeland Security Investigations (HSI) and the Ohio-Northeast Smuggling Enforcement Team (ONSET) task force. The ONSET Task Force is a task force through Ohio Attorney General Dave Yost’s Organized Crime Commission. The task force is comprised of investigators from the Medina County Sheriff’s Office, the Summit County Sheriff’s Office, HSI, Copley Township Police and the Ohio State Highway Patrol. The case is being prosecuted by Assistant United States Attorney Peter E. Daly.

A federal grand jury in Cleveland, Ohio returned a one-count indictment today charging Michael W. Humphries, age 28, of Akron, Ohio with being a felon in possession of a firearm and ammunition.

The indictment alleges that the defendant, after having been previously convicted of aggravated robbery in 2008 and two counts of aggravated assault in 2015, knowingly possessed four rounds of Winchester 12-gauge shotgun ammunition, which was found during a lawful search of the defendant’s residence.

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 records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

This prosecution is part of Project Guardian, the Justice Department’s signature initiative to reduce gun violence and enforce federal firearms laws. 

This case is also part of Project Safe Neighborhoods, a program that surges federal and local law enforcement resources to communities’ most violent neighborhoods in order to root out offenders and build positive relationships with victims, witnesses and community members.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case is being prosecuted by Assistant United States Attorney Peter E. Daly.

John Shear, age 38 of Cleveland, pled guilty to two separate federal indictments charging him with possessing ammunition and/or firearms as a felon.  Shear faces a maximum of 10 years in prison on each indictment, and is scheduled to be sentenced before Judge Donald C. Nugent on June 29, 2020, at 9:30am.

According to Shear's guilty plea and other court documents:

On January 30, 2018, Shear was arrested by Ohio Adult Parole Authority (APA) officers for violating his parole conditions.  While conducting the arrest, APA officers found one round of 9mm ammunition in Shear's pocket.  Shear was prohibited from possessing ammunition or firearms due to multiple prior felony convictions, including involuntary manslaughter, aggravated robbery, escape, burglary, felonious assault, and drug trafficking.

Several months later, Shear became a fugitive on multiple arrest warrants, including a warrant for aggravated vehicular assault in Cuyahoga County.  The United States Marshals Service Northern Ohio Violent Fugitive Task Force adopted the case and began looking for Shear.  On August 15, 2018, the Marshals Task Force received information that Shear was staying at a hotel room in Willoughby, Ohio.  The Marshals Task Force surrounded the hotel room and knocked on the door.  At first, there was no response.   But when the Marshals Task Force knocked a second time, Shear yelled, "don’t come in here because if you do I will shoot you and I have a hostage."  A negotiator made contact with Shear, and after a brief standoff, he agreed to surrender.  Shear and a female were the only two people inside the hotel room.

APA officers were called to the scene to help search the hotel room.  During a search of the hotel room, APA officers and the Marshals Task Force found three handguns, ammunition, a holster, a digital scale, marijuana, and crack pipes. 

The cases were investigated by the ATF, the United States Marshals Service Northern Ohio Violent Fugitive Task Force, and the Ohio Adult Parole Authority.  The cases are being prosecuted by Assistant United States Attorneys James Lewis and Yasmine Makridis.

Justin E. Herdman, United States Attorney for the Northern District of Ohio, today announced that a federal grand jury in Cleveland returned four separate multi-count drug indictments charging 35 individuals with conspiracy to distribute and possess with the intent to distribute controlled substances in the Mansfield, Ohio area.  The first indictment alleges that from in or around June 2017 and continuing to in or around January 2020, JAMES YELTON (age 33, from Mansfield, Ohio); CHARLES ANDERSON (age 64, from Mansfield, Ohio); NICHOLAS BALLARD (age 29, from Mansfield, Ohio); ELIJAH BOND (age 25, from Mansfield, Ohio); CARLY DAUGHERTY (age 25, from Lexington, Ohio); WILBERT GILLIARD (age 40), JAMARION GRILLIER, (age 22); TERRIUNTAE HAMMOCK; (age 26, from Mansfield, Ohio); LUCINDA HARDIN (age 36, from Mansfield, Ohio); TERELL HARRIS (age 27, from Mansfield, Ohio); DARNELL HILL (age 40, from Chicago, Illinois); DARNEL JACKSON (age 35, from Mansfield, Ohio); BLAKE JENKINS (age 29, from Mansfield, Ohio); TRAVON JOHNSON (age 28, from Mansfield, Ohio); RODERICK JONES (age 44); GERALD NIXON (age 31, from Mansfield, Ohio); ERNEST PARKS (age 26, from Mansfield, Ohio); MALIQUE SCHAD (age 24, from Mansfield, Ohio); TORRENCE STANFORD (age 22, from Mansfield, Ohio); DARIAN STEWART (age 24, from Mansfield, Ohio); DION WALKER (age 52, from Mansfield, Ohio); DEREK WILLIAMS (age 21, from Mansfield, Ohio); KRISTOPHER ZAHNISHER (age 27, from Mount Vernon, Ohio), conspired to distribute and possess with the intent to distribute heroin, methamphetamine, cocaine, fentanyl, carfentanil, and marijuana in the Mansfield, Ohio area. 

The second indictment alleges that from in or around December 2015 and continuing to in or around February 2019, JOHN STEVENSON (age 47, from Detroit , Michigan); MARLON BROOKS (age 48, from Mansfield, Ohio); SEAN MOORE (age 49, from Mansfield, Ohio); JAMES HAMILTON (age 52, from Bellville, Ohio);DANIEL SHINGLETON (age 54, from Mansfield, Ohio), conspired to distribute and posses with the intent to distribute heroin, fentanyl, and oxycodone in the Mansfield, Ohio area. 

The third indictment alleges that from in or around October 2018 and continuing to in or around October 2019, ANTOINE WADE (age 42, from Mansfield, Ohio); TYLER WIREMAN (age 24, from Mansfield, Ohio); JOSHUA KABER (age 40, from Mansfield, Ohio); SHEENA KABER (age 37, from Mansfield, Ohio): KASSIE COUCH (age 32, from Mansfield, Ohio), conspired to distribute and possess with the intent to distribute heroin, fentanyl, and cocaine base (“crack”) in the Mansfield, Ohio area. 

The fourth indictment alleges that from in or around February 2019 and continuing to in or around December 2019, ANTOINE WADE (age 42, from Mansfield, Ohio); TYLER WIREMAN (age 24, from Mansfield, Ohio); JOSHUA KABER (age 40, from Mansfiled, Ohio); SHEENA KABER (age 37, from Mansfield, Ohio), and KASSIE COUCH (age 32, from Mansfield, Ohio), conspired to distribute and possess with the intent to distribute oxycodone and U-47700 in the Mansfield, Ohio area. 

These indictments are only charges and are not evidence of guilt.  Each 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 a review of factors unique to these cases, including the defendants’ prior criminal records, if any, the defendants’ roles in the offenses and the characteristics of the violations.  In all cases, the sentences will not exceed the statutory maximum and in most cases will be less than the maximum.

The investigation preceding the four indictments was conducted and aided by the FBI, United States Marshals Service, DEA, ATF, Metropolitan Richland County Enforcement Unit (METRICH), Mansfield Police Department, Richland County Sheriff’s Office, Ashland Police Department, Ohio State Highway Patrol, Mount Vernon Police Department, Ohio Department of Public Safety, Mahoning Valley Law Enforcement Task Force (MVLETF), Drug Enforcement Administration (DEA) and the Richland County Prosecutors Office .  The case is being prosecuted by Assistant United States Attorneys Vasile C. Katsaros and Jason Matthew Katz.

####

Laura J. Entrikin, age 60 of Boardman, Ohio, was sentenced today to 24 months in prison and one year of supervised release for using her deceased mother’s identity to steal social security benefits. 

The announcement was made by United States Attorney Justin E. Herdman and Andrew Boockmeier, Acting Special Agent in Charge of the Social Security Administration (SSA) Office of the Inspector General, Chicago Field Office.

As part of her November 26, 2019 guilty plea, Entrikin admitted to forging her deceased mother’s name on 147 checks in order to withdraw social security retirement benefits deposited into the account after her mother died.

Entrikin was also ordered to pay $322,322 in restitution to the SSA.

This case was investigated by the SSA Office of the Inspector General and prosecuted by Special Assistant United States Attorney Jason White.

###

Martin Escobar, age 57, of Youngstown, Ohio, was indicted by a federal grand jury in a 145-count indictment charging the unlawful distribution and dispensation of controlled substances, causing the deaths of two patients, maintaining a drug-involved premises, health care fraud, and unlawfully distributing and dispensing a controlled substance to a person under the age of 21.   

The indictment alleges that between March 2015 and May 2019, Escobar prescribed opioids and other controlled substances out of his Lake Milton medical office, including opioids such as oxycodone and hydrocodone, often in combination with benzodiazepines and stimulants, all outside the usual course of professional practice and not for a legitimate medical purpose.

The indictment further alleges that to support his illegal prescribing, Escobar engaged in the following conduct, among other things: used false diagnoses; falsified patient pain intensity scales in medical charts; increased dosages of controlled substances and prescribed them for prolonged periods without evidence of efficacy; failed to adequately investigate patients’ pain complaints; failed to consider treatment options other than controlled substances; and falsely claimed in patient charts to have performed extensive physical examinations of patients.  The indictment also alleges that Escobar ignored the results of patients’ urine drug screen tests, many of which were performed in Escobar’s medical office and that Escobar billed the government for.  The indictment further alleges that these screens demonstrated the absence of prescribed controlled substances and the presence of non-prescribed controlled substances, suggesting the patients were abusing prescribed and non-prescribed controlled substances, and selling prescribed controlled substances that Escobar prescribed to them on the illegal secondary street market. 

In addition, the indictment alleges that Escobar committed health care fraud by billing and causing the government to be billed for medically unnecessary controlled substances and urine drug screen tests.      

The indictment further alleges that Escobar caused the deaths of two of his patients in 2015 and 2016 by unlawfully distributing and dispensing controlled substances to them that led to their deaths. 

“We are relying on our community’s healthcare professionals to help devise strategies to address the opioid crisis,” said U.S. Attorney Justin Herdman. “The vast majority of doctors take their oath to do no harm seriously and have embraced practices that lead to responsible prescribing and reduce diversion, abuse, and addiction.  Where there may be departures from those professional obligations, as alleged with respect to this defendant, we stand ready to use every law enforcement tool, including criminal charges, to address that harm.”

“Today's indictment is another example of DEA's determination to combat the troubling prescription drug abuse problem in this country,” said Drug Enforcement Administration Detroit Field Division Special Agent in Charge Keith Martin.  “Dr. Escobar allegedly abused his position of trust and jeopardized the lives of many individuals by illegally prescribing controlled substances. No matter if it’s in a doctor’s office, board room or street corner, DEA and our law enforcement partners will continue to investigate and bring to justice those who are responsible for the illegal distribution of prescription medicines.”

“All physicians are expected to uphold specific ethical standards to do no harm, but Dr. Escobar, who took the Hippocratic oath to become a physician, is accused of falsifying medical records, prescribing unnecessary controlled substances subsequently causing two deaths, among other charges,” stated FBI Special Agent in Charge Eric Smith.   “Patients should be able to trust and rely on their chosen physician, not become addicts or die as a result of their physician's care.  The FBI will continue to work with our partners to root out and hold accountable physicians that are violating the law and endangering their patients.”

“Prescribing controlled substances outside the usual course of professional practice and with no legitimate medical purpose puts a patient’s health and safety at risk,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “Prescribing patterns such as those alleged in this indictment are serious in nature and only exacerbate the opioid crisis. The OIG will continue to work with our law enforcement partners to vigorously investigate allegations of this nature.”

“Every time a pill mill grinds to a halt, Ohio moves closer to ending this crisis,” Ohio Attorney General Dave Yost said. “Ohio needs Medicaid fraud teams like these to hold these operations accountable.” 

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 case was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Department of Health and Human Services Office of Inspector General, the Medicaid Fraud Control Unit of the Ohio Attorney General’s Office, and the Ohio Board of Pharmacy.  It is being prosecuted by Assistant U.S. Attorneys Brendan D. O’Shea, Michael L. Collyer, and Special Assistant U.S. Attorney Jonathan L. Metzler of the Ohio Attorney General’s Office.     

If you believe that you may have relevant information about Martin Escobar, you are asked to contact law enforcement at (216) 583-5314.

A federal grand jury sitting in Cleveland, Ohio, returned a superseding indictment charging twenty defendants for their roles in an international drug distribution conspiracy, which includes the illegal sales of heroin, fentanyl and cocaine. 

Julian Aguirre-Aguirre, also known as “El Chocolate,” led a Drug Trafficking Organization from Mexico that supplied hundreds of kilograms of cocaine, heroin, and fentanyl, to members of the Drug Trafficking Organization in the United States.  A coordinated investigation by Drug Enforcement Administration offices in Tucson, Arizona, New Orleans, Louisiana, Atlanta, Georgia, Cleveland, Ohio and Akron, Ohio was able to expose the path and process by which these dangerous drugs entered the United States, traveled across the country, and made their way to Ohio communities.

In January of 2020, Arizona residents Delmer Perpuly, Ulises Perpuly and Cesar Perpuly were charged for their roles in delivering fifteen kilograms of cocaine to Eastlake, Ohio at the direction of “El Chocolate.”  The superseding indictment charges “El Chocolate” as the head of the Drug Trafficking Organization in Mexico, Delmer Perpuly, Ulises Perpuly and Cesar Perpuly for their roles as drug distributors operating out of Arizona, Herman L. Fletcher and Nelson L. Becton for their roles as drug distributors operating in Ohio, as well as fourteen others in Ohio for their roles in this drug distribution conspiracy. 

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 review of factors unique to this case, including each defendant’s prior criminal record, if any, the defendants’ roles 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 was conducted by the Drug Enforcement Administration, Federal Bureau of Investigation, Bureau of Alcohol Tobacco Firearms & Explosives, Department of Homeland Security, Ohio State Highway Patrol, Summit County Drug Unit, Akron Police Department Narcotics, Lake County Narcotics Agency, and the Cleveland Heights Police Department, with operational assistance from the U.S. Marshal’s Service.  This case is being prosecuted by Assistant United States Attorneys Margaret A. Sweeney and Christopher J. Joyce.

Anthony Ingram, 32, was sentenced today for kidnapping and sexually assaulting an Alabama woman.  United States District Judge Sara Lioi sentenced Ingram to 30 years in prison followed by five years of supervised release.  A jury previously convicted Ingram after a week-long trial in October.

According to court records and evidence presented at trial:

Ingram worked for a cross-country trucking company.  On August 10, 2018, Ingram, while in Michigan, offered to transport an Alabama woman to Indiana so she could retrieve her vehicle.  Unbeknownst to the woman, Ingram had no intention of taking her to Indiana.  Instead, Ingram drove the woman into Ohio and repeatedly ignored her pleas to be released from the truck.  Hours later, Ingram pulled the truck over on the Ohio Highway near Hudson, Ohio, where he forced the woman into the rear of the cab, struck her in the face, threatened her with a weapon and sexually assaulted her.  After the attack, Ingram continued driving into Pennsylvania.  Ingram stopped at a rest stop along the Pennsylvania highway, at which time the woman was able to escape and call for help.  Ingram fled and was arrested hours later in Pennsylvania. 

The Federal Bureau of Investigation and the Ohio State Highway Patrol investigated the case, with assistance from the Beaver Township Police Department, Pennsylvania State Police, and the Summit County Prosecutor’s Office.  The case was prosecuted by Assistant U.S. Attorneys Peter Daly and Aaron Howell.

###

Letroy Vaughn, 28, of Akron pleaded guilty today to Possession with Intent to Distribute Fentanyl with a sentencing enhancement for causing the death of another.

On September 28, 2015, Vaughn sold fentanyl to a 25-year-old Akron man who died after ingesting the drug.  The Summit County Medical Examiner determined that the man died as a result of a fentanyl overdose.  Detectives from the Akron Police Department Narcotics Unit learned that the man had purchased the fatal drugs from Vaughn hours before his death.

Vaughn is scheduled to be sentenced on June 16, 2020 at 10 a.m.  Under the terms of his guilty plea, Vaughn is likely to be sentenced to 20 years in prison.

The Akron Police Department Narcotics Unit and the Drug Enforcement Administration investigated the case, which is being prosecuted by Assistant U.S. Attorneys Peter Daly and Aaron Howell.

###

Robert D. McWilliams, 29, was charged by criminal complaint today with receiving or distributing child pornography, sexual exploitation of children and sex trafficking of a minor.

According to the affidavit in support of the complaint, McWilliams pretended to be a female on social media applications which he used to make contact with minor male victims.  Allegedly, certain of McWilliams’s victims were young boys McWilliams knew because he served as a priest in parishes with which these children and there families were affiliated.  Posing as the female, McWilliams allegedly enticed the minor male victims to send sexually explicit photographs and videos, sometimes threatening to expose embarrassing information McWilliams already knew about the victims if they did not send such images.  At times, McWilliams is alleged to have threatened to send those photographs to family and friends if the minor male victims did not send additional photographs and videos.  McWilliams is also alleged to have followed through on this threat by sending the mothers sexually explicit photographs he received from minor male victims. 

The affidavit also alleges that McWilliams was in possession of, received or distributed child pornography, to include a video file of a nude infant boy bound and raped by an adult male, approximately 1,700 images and videos of child pornography, and approximately 150 files of child pornography in a Dropbox cloud storage account.

Additionally, McWilliams is alleged to have used the social networking website Grindr.com to make contact with a minor male victim for the purpose of engaging in commercial sex.  McWilliams allegedly met the victim on multiple occasions and, in exchange for sex, paid the 15 year old boy approximately $100 per act. 

Anyone with knowledge of McWilliams’s contact with children should contact Homeland Security Investigations at (216) 749-9602.

A complaint 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.

This investigation is being conducted by the Department of Homeland Security, Homeland Security Investigations, with assistance from the Geauga County Prosecutor’s Office and Ohio Internet Crimes Against Children (“ICAC”) Task Force.  The case is being prosecuted by Assistant U.S. Attorneys Carol M. Skutnik and Bridget M. Brennan. 

#####

Demetrius Nathaniel Pitts, aka Abdur Raheem Rafeeq, aka Salah ad-Deen Osama Waleed, 50 of Maple Heights, Ohio, was sentenced to 14 years of imprisonment and lifetime supervised release for attempting to provide material support to a foreign terrorist organization, as well as 5 years of imprisonment each for threats against the President of the United States and threats against family members of the President of the United States.  All three terms of imprisonment will be served concurrently.

“This defendant plotted an attack on families and children in downtown Cleveland on July 4th, a day of utmost importance to all Americans, and he further attempted to undermine our democracy by making threats against the President and his family,” U.S. Attorney Justin Herdman said. “For this conduct, the defendant is deserving of every day of this 14 year sentence.  The Department of Justice is committed to protecting our nation from people who adhere to violent ideologies and move to act upon them, whether they are in furtherance of their own personal aims or, like here, on behalf of terrorist groups like Al Qaeda.  We are grateful to the FBI, the Cleveland Joint Terrorism Task Force, and all of our law enforcement partners for their vigilance and hard work in this case and many others.”

 “Pitts, a U.S. citizen living in Ohio, pledged his allegiance to al-Qaeda, a foreign terrorist organization, and will now serve a lengthy sentence behind bars,” said FBI Special Agent in Charge Eric B. Smith.  “The FBI and the Joint Terrorism Task Force will continue to use every available resource to disrupt those who seek to bring harm to our fellow citizens.”

According to an affidavit filed in the case and other court records, between 2015 and 2017, Pitts expressed anti-American sentiments and expressed a desire to recruit people to kill Americans.  The defendant expressed a desire to meet with an al Qaeda “brother” and in June he was introduced to an FBI employee acting in an undercover capacity (UCE), who Pitts believed was such a “brother.”

Pitts and the UCE met in Walton Hills, Ohio, in 2018, where they discussed launching an attack for al Qaeda during the July 4th holiday.

Pitts said: “I’m trying to figure out something that would shake them up on the 4th of July.”  He later stated: “What would hit them at their core?  Blow up in the, have a bomb blow up in the 4th of July parade.”

Pitts searched Google for a map of downtown Cleveland.  After learning the fireworks would be launched from Voinovich Park, Pitts said: “Oh there you go. Oh yeah.”  He was also pleased the park was near the U.S. Coast Guard station, the Army Corps of Engineers, and the Celebrezze Federal Building.

The meeting concluded with Pitts indicating to the UCE that he would travel to downtown Cleveland soon to take photographs and videotape footage as part of surveillance efforts of Voinovich Park and the U.S. Coast Guard station.  He also expressed a desire to take a tour of the U.S. Coast Guard station to gain as much information as he could about the layout of the facility.

On June 25, Pitts met with an FBI confidential human source (CHS) in Maple Heights, Ohio, to retrieve items used to conduct surveillance for the July 4th attack.

On June 26, Pitts contacted the UCE via text message and relayed that he had completed the reconnaissance of the designated spots in downtown Cleveland and that he desired to “destroy the government.”

Pitts also indicated he intended to travel to Philadelphia, since Philadelphia is his hometown and he knows it best.  Pitts indicated it was his “job” to “go look at the base of the ground” and that it was up to other “brothers” to complete other parts of the job.

On June 27, Pitts met with the CHS and turned over the phone that contained the reconnaissance photos and videos, so they could be provided to the al Qaeda brothers.

Later on June 27, Pitts and the UCE met in Maple Heights then drove to downtown Cleveland, where Pitts discussed the impending July 4th bombing: “And I’m gonna be downtown when the – when the thing go off.  I’m gonna be somewhere cuz I wanna see it go off.”  Pitts also expressed a desire to pack a car filled with explosives near the parade, as opposed to his original idea of remote control cars filled with explosives.  Pitts reasoned that less time and skill were required to pack a car with explosives versus packing individual remote control cars.  Pitts further disclosed additional reconnaissance planning prior to the parade:

        DP:      That’s why I said I’m going down there the 2nd and the 3rd by myself.

        UCE:   Alright.  Because we gotta have this lined up.

        DP:      That’s why I’m not going down by the naval base this time.  I’m walking the parade route, where they going.

        UCE:   Alright.

        DP:      I might find another pick, but that point is guaranteed.  That’s the one we want.

A search of the phone that Pitts provided to the CHS revealed that he made two videos in which he pledged allegiance.  He stated, in part: “We serve Allah . . . We fight our enemies.  We destroy them and destroy those who try to oppose…”

The phone also had four videos taken by Pitts that show him walking down East 9th Street in Cleveland, pointing out potential targets such as the federal building, the Coast Guard station and St. John’s Cathedral, which he said could be taken “off the map.”

On July 1, Pitts met with the UCE in Garfield Heights, Ohio, for Pitts to explain his plan for Philadelphia.  Pitts said he planned to travel there to conduct reconnaissance for a future attack in Philadelphia.  Pitts stated a truck bomb packed with explosives, such as the one used in Oklahoma City, Oklahoma, would be the best way to cause maximum damage.

Pitts was reminded by the UCE that people would die and body parts would by flying around.  Pitts responded “I don’t care” and that he had “no regrets,” would be able to “go to sleep” and “I don’t give a (expletive).”

During this conversation, Pitts once again discussed the use of remote control cars, namely as a distraction.  Pitts told the UCE that he believed cut up metal should replace BBs in the remote control cars, saying: “If BBs hit you, you can still live, but if shrapnel hits you – it will tear you up.”  Pitts further stated remote control cars should be rolled underneath a police car or federal agent car and detonated so that it distracted law enforcement and parade goers while the larger bomb was detonated.

Pitts’ additional plan for remote control cars packed with metal and explosives was that they be given to children of military personnel to play with during the parade so that the children would unwittingly detonate the bombs. 

Pitts was arrested at the conclusion of the July 1 meeting.

The FBI-Cleveland Division’s Joint Terrorism Task investigated the case, which was prosecuted by Assistant U.S. Attorneys Michelle Baeppler and Jerry Teresinski of the Northern District of Ohio, and Trial Attorney Paul Casey of the National Security Division’s Counterterrorism Section.

###

Harvey Short, 32, of Cleveland, was arraigned today on two counts of conspiracy to commit wire fraud as well as 26 counts of wire fraud.

The indictment alleges that, from March 10, 2017, through October 10, 2018, Short was part of a conspiracy that entered into a lease and obtained renters insurance for a residential property in Cleveland that later burned in a fire under suspicious circumstances.  Short submitted fictitious receipts to obtain monies for purported living expenses and personal property.

The indictment further alleges that, from April 14, 2017, through September 7, 2018, Short was part of a conspiracy that submitted fraudulent paperwork understating his income to obtain subsidized housing benefits as part of a housing assistance program.  He claimed he had no present income when, in fact, he knew that he was receiving income.

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 records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cleveland Division of Fire Arson Unit.  The case is being prosecuted by Assistant U.S. Attorneys Brian McDonough and John Hanley.

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.

United States Attorney Justin E. Herdman announces the continued commitment of the United States Attorney’s Office for the Northern District of Ohio to prosecuting illegal reentry cases.  Those cases involving additional criminal conduct, violent attacks, or conduct that threatens public safety, will also remain a priority for federal prosecution.

Earlier today, Attorney General William P. Barr said, “Let us state the reality up front and as clearly as possible: When we are talking about sanctuary cities, we are talking about policies that are designed to allow criminal aliens to escape.  These policies are not about people who come to our country illegally but have otherwise been peaceful and productive members of society.  Their express purpose is to shelter aliens whom local law enforcement has already arrested for other crimes.  This is neither lawful nor sensible.” 

“Our ability to protect our community from violent criminals always depends upon close cooperation between federal, state, and local law enforcement,” said U.S. Attorney Justin Herdman.  “Nowhere is this principle illustrated more profoundly than instances when individuals are in this country illegally, often after having been removed multiple times before, and commit additional criminal acts here in the United States. A series of cases prosecuted by this Office help highlight this threat.  We are grateful to all of our local law enforcement officials who stand arm in arm with us in keeping our neighbors safe every day.”

Examples of illegal reentry cases that warranted federal prosecution and demonstrated an elevated threat to the public include the following:

U.S. v. Adalberto Reynoso-Lopez

Defendant, a native and citizen of Mexico, was ordered removed by a Cleveland Immigration Court on October 26, 2007.  Following that order, Defendant was removed to Mexico, but he immediately reentered the United States and was apprehended and removed to Mexico five more times in the following years (once in 2008, twice in 2013, and twice in 2014). Before, during, and after those removals, the defendant, often using an alias, was convicted seven times of Operating a Vehicle Under the Influence of Alcohol or Drugs, and one conviction each for Obstruction of Official Business, Ethnic Intimidation, Disorderly Conduct, Theft, and Driving with a Suspended License.

Following his most recent conviction on January 8, 2020 for Obstruction of Official Business in Marion County, Ohio, the defendant was taken into ICE custody. On February 5, 2020, he was indicted in the Northern District of Ohio, Western Division for violating Title 8, United States Code, Section 1326 (Illegal Reentry) where he awaits trial.  The government will be required to prove these allegations beyond a reasonable doubt should this matter proceed to trial.  The defendant was also convicted of Illegal Entry (Title 8, United States Code, Section 1325) in July of 2014, in the Southern District of Texas, where he received a 30-day term of imprisonment after which he was deported.

U.S. v. Marco Antonio Barrera-Escobedo

Defendant, who is a citizen of Mexico, originally illegally entered the United States and moved to Ohio around 2000.  After being discovered illegally present in 2007 and 2008, he was removed three separate times.  (May 30, 2007, June 21, 2007 and June 29, 2008).  After his May 30, 2007 removal, he was found in New Mexico on June 2, 2007, and subsequently charged and convicted of illegal reentry and deported. After each removal, the defendant almost immediately returned to the U.S. without regard to the reentry requirements, and with total disrespect for the laws of the United States. 

Then, on December 12, 2017, the defendant was arrested for sexually assaulting and attempting to rape a five year old child - a crime that would obviously not have been committed if the defendant had not violated the laws of this country. Ultimately, the defendant pleaded guilty to Gross Sexual Imposition and Kidnapping and was sentenced to 15 years incarceration on April 24, 2018.  Based upon his illegal presence in the United States, Immigration and Custom’s Enforcement placed a detainer on the defendant and an indictment was returned for Illegal Reentry of a removed alien after deportation.  On July 31, 2018, the defendant pleaded guilty and on November 14, 2018, defendant was sentenced to the statutory maximum 24 months to run consecutive to his state GSI/Kidnapping sentence.  He will again be deported after completion of both sentences.

U.S. v Jean Claude Phillip McKenzie

Defendant, who is a citizen of Jamaica, was admitted to the United States and granted conditional Lawful Permanent Residence status in 2008.  After serving a sentence for a 2010 Drug Trafficking conviction in Cuyahoga County, Ohio, McKenzie was deported to Jamaica in July 2012.

McKenzie, however, illegally returned to the U.S. and was again found in Cleveland after an officer heard gun shots that the officer thought were directed at him. The officer was taking a statement from an aggravated robbery victim at the time.  The officer further reported that the suspect fled in a black vehicle.  Other officers stopped McKenzie’s car, which was the only vehicle in the area that matched the description.  McKenzie stopped abruptly and fled on foot.  Once caught, he gave a false name.  A 9mm semiautomatic pistol was found in the defendant’s vehicle which had been reported stolen the year before.

Fingerprints taken from the defendant revealed his true identity and he ultimately pleaded guilty to Illegal Possession of a firearm by an illegal alien, and illegal reentry of a removed alien after deportation and was sentenced to 72 months in prison.  He will be deported upon completion of his sentence.

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.

####

An indictment was filed against Eric Taylor, age 44, of Northwood, Ohio, charging him with smuggling goods, misbranded drugs and unapproved drugs.

If convicted, the defendant's sentence will be determined by the Court after reviewing 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 investigating agency in this case is the United States Food and Drug Administration. The case is being handled by Assistant United States Attorney Michael J. Freeman.

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

Benjamin Ross, 28, of Youngstown, Ohio, was sentenced for his role in a scheme to distribute fentanyl pills, which were pressed, colored and stamped to look like 30 milligram oxycodone hydrochloride pills. Judge John R. Adams sentenced Ross to 144 months of incarceration, to be followed by ten years of supervised release. 

According to the indictment and other court records, on May 15, 2019, Ross knowingly and intentionally possessed with the intent to distribute 117.70 grams of fentanyl.

Between March 19, 2019 and May 15, 2019, Ross was in contact with an individual via the WhatsApp mobile messaging platform.  These communications revealed that Ross sought to purchase fentanyl pills disguised as oxycodone.  During one such communication, Ross complained that the blue color of the pills he had just received did not match the standard oxycodone color and could possibly alert his customers to the fact that the pills were not legitimate oxycodone pills.  Ross provided an address to the individual so that the individual could mail the shipment via the U.S. Postal Service.  Just prior to May 15, 2019, the individual provided Ross with the tracking number so that Ross would know when to pick up the shipment.  The shipment was delivered to the address Ross provided on May 15, 2019.  Immediately after Ross picked up the shipment, the Ohio State Highway Patrol conducted a traffic stop.  During that traffic stop, a police canine alerted to the odor of narcotics inside the car.  Troopers found a bag of round, light-blue pills, which were marked “M” and “30” as if they were 30 milligram oxycodone pills.  A laboratory test confirmed the 117.7 grams of pills actually contained fentanyl.  At the time of his arrest, Ross was under supervision after serving 57 months for a prior federal firearms conviction.  Ross was released from custody and began supervision on March 22, 2019. 

Judge Adams found this drug trafficking conviction was a violation of the terms of Ross’ supervised release.  Ross was sentenced to 120 months for trafficking fentanyl followed by a consecutive sentence of 24 months for violating his supervised release.

This case was prosecuted by Assistant U.S. Attorneys Patrick Burke and Danielle Angeli Asher following an investigation by the Drug Enforcement Administration, U.S. Postal Inspection Service, The Ohio State Highway Patrol and U.S. Immigration and Customs Enforcement.

###

Four Trumbull County men convicted in an ATF investigation have been sentenced in federal court.

Donald Paul Phillips, age 28 of Mineral Ridge, was sentenced to 24 months in prison for two counts relating to the illegal manufacture and distribution of explosives, and one count of possessing firearms after a domestic violence conviction. 

Andrew Syacsure, age 31 of Niles, was sentenced to 4 months of home detention and 3 years of probation for one count of conspiring to manufacture and distribute explosives. 

Zachary Booth, age 30 of Warren, was sentenced to 3 years of supervised probation for one count of distributing explosives without an ATF license. 

And Donald Roger Phillips, age 50 of Mineral Ridge, was sentenced to 5 months of home detention, 3 years of probation, and a $1,000 fine for one count of possessing a firearm after a domestic violence conviction.  All four defendants pled guilty. 

According to court records:

In early 2019, ATF agents learned that Zachary Booth was offering to sell homemade explosive devices.  ATF agents began an undercover operation and purchased 11 homemade explosive devices from Booth.  The devices appeared similar to large M-80 fireworks, but contained hundreds of times more flash powder than consumer ground fireworks. 

After further investigation, the ATF learned that Booth had obtained the explosive devices from Donald Paul Phillips.  ATF agents then used an undercover agent to make multiple purchases of the devices from Donald Paul Phillips outside his workplace in Niles. 

On May 2, 2019, ATF agents arrested Donald Paul Phillips at his workplace in Niles and found a handgun in his toolbox.  Phillips was prohibited from possessing a firearm or ammunition due to two prior convictions for domestic violence. 

Law enforcement also executed a search warrant at Donald Paul Phillips' residence in Mineral Ridge, where he lived with his father (Donald Roger Phillips) and step-mother.  During the search warrant, law enforcement found another handgun under Donald Paul Phillips' bed, and over a dozen firearms in a gun storage room immediately adjacent to his bedroom.  The firearms discovered in the gun storage room included multiple high-capacity magazines and a device that was later determined to be a silencer.  Law enforcement also found more than 500 homemade explosive devices in the breezeway of the home, and a loaded shotgun in Donald Roger Phillips's bedroom closet.  Donald Roger Phillips was also prohibited from possessing a firearm or ammunition due to a prior domestic violence conviction. 

ATF agents then conducted a search of Syacsure's home in Niles, and found evidence of explosives manufacturing in Syacsure's basement, which included workbenches, tubs of ingredients used to make flash powder, and empty cardboard fuses and tubes. 

In total, the ATF seized over 900 homemade explosive devices and over a dozen illegally possessed firearms during the investigation. 

The case was investigated by the ATF, with assistance from the Niles Police Department, the Weathersfield Police Department, and members of the Youngstown Bomb Squad.  The case was prosecuted by Assistant U.S. Attorney James Lewis.

Deshaun A. Jones, 40, was sentenced for being a felon in possession of a stolen firearm and ammunition.  Judge John R. Adams sentenced Jones to 120 months of incarceration and three years of supervised release.  The Judge also imposed a 21-month term of incarceration to be served consecutively because Jones violated the terms of his current supervision when he was convicted of this crime.

After a three-day jury trial in December of 2019, Jones was found guilty of being a Felon in Possession of a Firearm.  The criminal charges arose from Deshaun A. Jones possessing a firearm, which he discharged into an occupied residence in an Akron, Ohio neighborhood on the night of October 1, 2018.  Neighbors complained to police after hearing gunshots and noticing Jones screaming in the street.  A review of Jones’ criminal record revealed he was prohibited from possessing a firearm because of prior felony convictions. 

Jones possessed the firearm and ammunition knowing he had previously been convicted of crimes punishable by imprisonment for more than one year.  Those crimes included a 1999 state conviction for Possession of Cocaine, a 2005 state conviction for Assault, a 2006 state conviction for Trafficking in Cocaine, a 2006 state Conviction for Trafficking in Heroin, and a 2009 federal conviction for Felon in Possession of a Firearm. 

This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Akron Police Department.  The matter was prosecuted by Assistant U.S. Attorneys Christopher J. Joyce and Ranya Elzein.

A Toledo man was arrested January 23, 2020 for sex trafficking two juveniles in Toledo, Ohio.

Tyrone Cannon, aka “Bama,” 24, was indicted January 8, 2020 on two counts of Sex Trafficking of Minors between April and May.  One count charges sex trafficking of a 17-year old female juvenile, while the other count charges sex trafficking of a 16-year old female juvenile.

If convicted, the defendant faces a mandatory minimum sentence of 10 years on each count and designation as a sex offender.  The 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 of this matter was conducted by the Federal Bureau of Investigation, Toledo Police Department, and the Northwest Ohio Human Trafficking and Child Exploitation Task Force.  The case is being prosecuted by Assistant U.S. Attorneys Tracey Ballard Tangeman and Ranya Elzein.

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.

####

Ryan P. Sheridan, 39, the owner and operator of Braking Point Recovery Center, which operated in the Youngstown and Columbus areas, was sentenced to 7 ½ years in prison for crimes related to a health care fraud conspiracy where Medicaid was billed $48 million for drug and alcohol recovery services, much of which were not provided, not medically necessary, lacked proper documentation, or had other issues that made them ineligible for reimbursement.

Sheridan was also ordered to pay $24,479,939 in restitution. He pleaded guilty last October to one count of conspiracy to commit health care fraud, seven counts of health care fraud, one count of conspiracy to distribute Suboxone, twenty-two counts of use of another’s registration number of another to obtain controlled substances, one count of operating a drug premises, and twenty-eight counts of money laundering.

On January 21, 2020, co-defendants Dr. Thomas Bailey and Dr. Arthur Smith were sentenced to 2 years of probation with 6 months of community service and a $5,000 fine.  Co-defendant Lisa Pertee was sentenced to 1 year of probation with 60 days of community service, and order to pay $2,200 in special assessments. 

According to court documents:

Ryan Sheridan was the sole owner of Braking Point Recovery Center, which operated drug and alcohol rehabilitation centers in Austintown and Whitehall, Ohio, that provided detox, intensive outpatient treatment, day treatment and residential living rehabilitation.

Sheridan also owned and operated numerous other businesses, including Breaking Point Health and Fitness LLC and Braking Point Recovery Housing LLC, which owned recovery houses (or “sober houses”) for individuals attempting to maintain abstinence from drugs and alcohol.

As part of being a certified provider, Sheridan agreed to follow the rules and regulations of the Ohio Medicaid Program and the Ohio Department of Mental Health and Addiction Services.

Between January 2015 and October 18, 2017, Sheridan and various other defendants submitted or caused to be submitted billings to Medicaid for drug and alcohol services that were: coded to reflect a service more costly than was actually provided; without proper documentation; without proper assessment documents containing valid diagnosis; billings for patients whose records did not contain diagnosis by a physician; related to treatment at unlicensed inpatient beds; billings related to dispensing of Suboxone, even though the treating physician did not have the authority to do so; for case management services when, in fact, the clients were working out at Sheridan’s gym; billings based on quotas provided to the nurses by the defendants to bill four to five hours of treatment daily, even if the services were not medically necessary; billing for in-patient detox and drug treatment services that were, in fact, provided in an out-patient setting, among other violations.

Braking Point submitted approximately 134,744 claims to Medicaid for more than $48.5 million in services it claimed to provide between May 2015 and October 2017.  The claims caused Medicaid to pay Braking Point more than $31 million.  Medicaid suspended payments to Braking Point on October 18, 2017.

Sheridan and other defendants developed a standard protocol of distributing the same amount of Suboxone to every patient seeking drug treatment immediately upon entering Braking Point’s detox program without being evaluated by a properly licensed physician to determine the medical necessity for the use of Suboxone.  Sheridan had the treating physician use another physician’s DEA data waiver license to dispense more than 3,000 doses of Suboxone in 2017 alone without the data waiver physician having seen the patients.

Sheridan also made numerous financial transactions in excess of $6 million, involving money derived from these unlawful activities, including health care fraud and conspiracy to commit health care fraud.  As such, Sheridan was ordered to forfeit property and proceeds obtained as a result of these crimes, including nearly $3 million, property in Columbiana, Mahoning and Trumbull counties, and eight automobiles, including replicas of vehicles used in the movies “Back to the Future,” “Ghostbusters,” and “Batman.”

“These defendants stole tens of millions of dollars from taxpayers through fraudulent billing and other crimes,” U.S. Attorney Justin Herdman said. “They used the drug epidemic plaguing Ohio as a way to line their pockets and profited off the suffering of others.”

“That beacon of hope for the addicted turned out to be a bonfire of our tax dollars. Heartless,” Ohio Attorney General Dave Yost said.

“Regardless of position, title, status, or degree, no one is above the law,” said DEA Special Agent in Charge Keith Martin.  “DEA will continue to work with U.S. Attorney Herdman’s office to bring those who blatantly violate drug dispensing laws to justice.”

“Ryan Sheridan and his co-conspirators deserve the sentences handed down in federal court for their fraudulent and deceptive criminal behavior,” stated FBI Special Agent in Charge Eric Smith.  “These individuals preyed on a healthcare system that is in place to help those in need and not to be used as an ATM to cipher millions of dollars from the taxpayers for their own pleasures.”

“These sentences send a clear message that those who choose to exploit Medicaid for illegal personal gain will pay the price for those criminal acts.  Taking advantage of a program set up to assist low-income people and the disabled will not be tolerated,” said Lamont Pugh III, Special Agent in Charge of the Chicago Region for the U.S. Department of Health and Human Services, Office of Inspector General. “The OIG will work tirelessly with our law enforcement partners to combat fraud in the health care system and protect vital tax payer dollars.” 

“Ryan Sheridan’s actions put our health care system at risk for his own personal gain which in unfathomable,” IRS Criminal Investigation SAC Bryant Jackson said. “Not only is Ryan Sheridan going to jail, but the government has seized a portion of the illegal proceeds through asset forfeiture which is one of the government's most powerful weapons in combating crimes of this magnitude.  IRS criminal investigation followed the flow of money in this case in order to uncover the fraud and we are proud to work with our law enforcement partners to investigate health care fraud schemes.”

This case was prosecuted by Assistant United States Attorneys Mark S. Bennett and Jason M. Katz, and Special Assistant United States Attorney Jonathan Metzler following an investigation by the Department of Health and Human Services -- Office of the Inspector General, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service, and the Ohio Attorney General’s Medicare Fraud and Corruption Unit.

###

The Department of Justice today filed a friend-of-the-court brief with the full United States Court of Appeals for the Sixth Circuit, in support of the constitutionality of an Ohio law prohibiting abortion providers from performing an abortion they know is sought because of Down syndrome.

“Ohio’s Antidiscrimination Law affirms that people with Down syndrome have lives worth living and protecting. The Law also protects the medical profession from harm to its integrity and protects women from abortion providers who may seek to pressure them into obtaining an abortion because of Down syndrome,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The federal government has an interest in the equal dignity of those who live with disabilities. Nothing in the Constitution requires Ohio to authorize abortion providers to participate in abortions the providers know are based on Down syndrome.”

“This Ohio law prevents discrimination against individuals with Down syndrome,” said Justin E. Herdman, U.S. Attorney for the Northern District of Ohio. “Accordingly, the state of Ohio’s interests in this matter are fully aligned with those of the United States and we are not only entitled, but compelled, to weigh in as a friend of the Court.”

In 2017, Ohio’s General Assembly passed, and Ohio Governor John Kasich signed, legislation (the Antidiscrimination Law) directing that an abortion provider cannot “purposely perform or induce or attempt to perform or induce an abortion on a pregnant woman if” the provider “has knowledge that the pregnant woman is seeking the abortion” because of Down syndrome. The law expressly shields women who seek such abortions from any and all liability. 

Plaintiffs challenged the Antidiscrimination Law in court before the law took effect. The district court enjoined enforcement of the Antidiscrimination Law and on appeal, that decision was upheld in a split decision by a three-judge panel of the Sixth Circuit. The dissenting judge would have upheld the Antidiscrimination Law as constitutional because there was “no evidence” that the law created a substantial obstacle to obtaining an abortion. The Sixth Circuit then voted to rehear the case before the full or “en banc” court. 

The government’s friend-of-the-court brief to the full Sixth Circuit explains that the district court and divided panel were wrong to hold Ohio’s Antidiscrimination Law unconstitutional under the Supreme Court’s abortion decisions. The brief outlines that the Antidiscrimination Law serves several important purposes. It protects individuals with disabilities from prejudice and indifference and the medical profession from harm to its integrity and reputation. The law also wards against the slippery slope to medical involvement in race- or sex-based abortions. And it protects women themselves by separating them from potentially coercive abortion providers who may seek to pressure them into obtaining an abortion because of Down syndrome.

Given Congress’s abortion legislation, the United States has an interest in the application of the law in that area, and has often participated in cases involving state abortion laws. The federal government enforces civil rights laws that outlaw various forms of disability discrimination, including the Rehabilitation Act, the Americans with Disabilities Act, and the Individuals with Disabilities Education Act. It also enforces the Genetic Information Nondiscrimination Act, which protects against discrimination as to health insurance and employment on the basis of genetic information, including “of any fetus carried by [a] pregnant woman.” 

WASHINGTON – The Department of Justice today filed a friend-of-the-court brief with the full United States Court of Appeals for the Sixth Circuit, in support of the constitutionality of an Ohio law prohibiting abortion providers from performing an abortion they know is sought because of Down syndrome.

“Ohio’s Antidiscrimination Law affirms that people with Down syndrome have lives worth living and protecting. The Law also protects the medical profession from harm to its integrity and protects women from abortion providers who may seek to pressure them into obtaining an abortion because of Down syndrome,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The federal government has an interest in the equal dignity of those who live with disabilities. Nothing in the Constitution requires Ohio to authorize abortion providers to participate in abortions the providers know are based on Down syndrome.”

“This Ohio law prevents discrimination against individuals with Down syndrome,” said Justin E. Herdman, U.S. Attorney for the Northern District of Ohio. “Accordingly, the state of Ohio’s interests in this matter are fully aligned with those of the United States and we are not only entitled, but compelled, to weigh in as a friend of the Court.”

In 2017, Ohio’s General Assembly passed, and Ohio Governor John Kasich signed, legislation (the Antidiscrimination Law) directing that an abortion provider cannot “purposely perform or induce or attempt to perform or induce an abortion on a pregnant woman if” the provider “has knowledge that the pregnant woman is seeking the abortion” because of Down syndrome. The law expressly shields women who seek such abortions from any and all liability. 

Plaintiffs challenged the Antidiscrimination Law in court before the law took effect. The district court enjoined enforcement of the Antidiscrimination Law and on appeal, that decision was upheld in a split decision by a three-judge panel of the Sixth Circuit. The dissenting judge would have upheld the Antidiscrimination Law as constitutional because there was “no evidence” that the law created a substantial obstacle to obtaining an abortion. The Sixth Circuit then voted to rehear the case before the full or “en banc” court. 

The government’s friend-of-the-court brief to the full Sixth Circuit explains that the district court and divided panel were wrong to hold Ohio’s Antidiscrimination Law unconstitutional under the Supreme Court’s abortion decisions. The brief outlines that the Antidiscrimination Law serves several important purposes. It protects individuals with disabilities from prejudice and indifference and the medical profession from harm to its integrity and reputation. The law also wards against the slippery slope to medical involvement in race- or sex-based abortions. And it protects women themselves by separating them from potentially coercive abortion providers who may seek to pressure them into obtaining an abortion because of Down syndrome.

Given Congress’s abortion legislation, the United States has an interest in the application of the law in that area, and has often participated in cases involving state abortion laws. The federal government enforces civil rights laws that outlaw various forms of disability discrimination, including the Rehabilitation Act, the Americans with Disabilities Act, and the Individuals with Disabilities Education Act. It also enforces the Genetic Information Nondiscrimination Act, which protects against discrimination as to health insurance and employment on the basis of genetic information, including “of any fetus carried by [a] pregnant woman.” 

Reuben Rankin, 34, was charged in a superseding indictment with one count of sex trafficking of a juvenile and one count of production of child pornography. 

These charges come in addition to Rankin’s pending federal charges for assault on a federal officer with a deadly weapon, being a felon in possession of a firearm, and use of a firearm in relation to a crime of violence.

The first three charges were brought after Rankin allegedly fired six shots at federal agents during the execution of a search warrant on a house on Dove Avenue in Cleveland.

A federal grand jury has now returned a superseding indictment adding two additional charges for sex trafficking of a juvenile and production of child pornography. 

The superseding indictment alleges that between “in or about May 2019 and in or about September 2019, Rankin did knowingly recruit, entice, harbor, transport, provide, obtain, maintain, patronize, and solicit by any means a minor under the age of 18 years, knowing and in reckless disregard of the fact that means of force, threats of force, fraud and coercion would be used to cause the minor to engage in a commercial sex act, and that the minor had not attained the age of 18 years and would be caused to engage in a commercial sex act. 

The superseding indictment further alleges that during that time, Rankin did employ, use, persuade, induce, entice, and coerce a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.

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.

Homeland Security Investigations investigated the case, which is being prosecuted by Assistant U.S. Attorney Ranya Elzein.

A charge is only an allegation 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.

###

Joshua Gilchrist, age 35, was sentenced in federal court to 147 months in prison, followed by five years of supervised release for armed bank robbery.  The Court also ordered that this term of incarceration be served consecutive to a previously imposed sentence of 36 months in prison that Gilchrist received for an armed bank robbery in Oklahoma.

According to evidence presented at sentencing, in the afternoon of December 8, 2017, Joshua Gilchrist, brandished a handgun as he robbed the Key Bank located at 3602 Chester Avenue, Cleveland, Ohio. The bank was busy at the time with multiple customers waiting in the bank’s lobby.  Gilchrist ordered everyone to the ground and demanded money from the tellers. He fled on foot with $3,496 in U.S. currency.  Surveillance video showed the robbery occur with Gilchrist’s face clearly visible.  He also left behind a bag, which was later tested for and confirmed the presence of Gilchrist’s DNA.

Approximately two months later, on February 6, 2018, Gilchrist robbed the Bank of Oklahoma in Tulsa, Oklahoma.  He brandished what appeared to be a handgun and threatened to kill the tellers.  Gilchrist ordered everyone to the ground, demanded cash, and fled with $740. The same day, local law enforcement identified and arrested Joshua Gilchrist in Joplin, Missouri where he confessed to the Tulsa Oklahoma bank robbery.  A fake gun was recovered from his vehicle.  On September 11, 2018, Gilchrist pled guilty to the Bank of Oklahoma robbery in federal court in the Northern District of Oklahoma.  On December 12, 2018, that court sentenced Gilchrist to 36 months in prison.  After the resolution of his Oklahoma case, he was brought to Cleveland to face his charges for the Key Bank robbery. 

This case was investigated by the Cleveland Division of Police and the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Scott C. Zarzycki.

####

Thomas Close, 39, of Shelby, was sentenced today in federal court to 30 years in prison followed by lifetime supervised release, which included lifetime sex offender registration obligations.  He was also ordered to pay $949 in restitution and a $300 special assessment. 

Close was known to many in the Boy Scouts of America as “Aqua Joe” because he was a swim instructor as well as a troop leader.  And yet, from 2011 through 2018, Close abused these positions to surreptitiously record young boys while they changed for swimming or showers.  He then transferred those recorded images from a simple spy watch to his home computers in carefully labeled folders and file structures.  Close also victimized children in his care at the YMCA, the Willard Conservation League, the Firelands Scout Reservation, the Ashland County-West Holmes Career Center, the Mohican Wilderness camp, the STEM camp, and even his own home in Shelby, Ohio.

“It is difficult to imagine a more heinous crime, particularly when the ages and youthful experiences of children were so calculatingly exploited,” said U.S. Attorney Justin Herdman.  “If we have not made it clear before, let this sentence send a message to all who seek to prey on our children: there is no place we cannot find you and we will bring you to justice.” 

“This individual used his position and regular access to children to exploit the young people who he was entrusted to take care of and protect,” said Vance Callender, HSI special agent in charge for Michigan and Ohio. “While no amount of prison time is sufficient for the depraved abuse of trust by Mr. Close on his innocent victims, hopefully, today’s sentencing can begin the healing process for all of those impacted.”

Additional details of these crimes were described in court filings and during today’s sentencing hearing:

In May of 2018, the Department of Homeland Security (HSI) Cleveland received information from the Cyber Crimes Center (C3), Child Exploitation Investigations Unit (CEIU) regarding a child exploitation lead in Sandusky, OH.  C3 provided several videos that were taken of minor boys changing before or after swimming, with a series of lockers visible in some of the pictures.  The National Center for Missing and Exploited Children (NCMEC) confirmed that these videos were seen in previous child pornography investigations but the children depicted in the images had not yet been identified.  However, the NCMEC Victim Identification Lab was able to identify the manufacturer of the lockers as the Bradley Corp.  Since only a few YMCAs purchased lockers from Bradley Corp, C3 was able to confirm that the images were likely taken at the YMCA facility located in Sandusky, OH.  

With little to go on, agents set out to identify the boys.  They focused on landmarks and the Boy Scout logo captured in images, which let them to speak with representatives of the Boy Scouts and local YMCAs.  Both the Boy Scouts and local YMCAs assisted agents with their investigation.  In speaking with the Boy Scouts, agents were directed to an incident report in which one den leader noted Close’ frequent and unnecessary contact with scouts during swim time. 

Later, and based on this tip, agents interviewed Close.  Close admitted to the following: accessing child pornography from the TOR network; using a Russian photo sharing site to access child pornography; receiving and distributing images of child pornography online; being sexually interested in boys as young as five and up to 18; and possessing approximately 5 terabytes of child pornography.  He also acknowledged leaving a watch with video capability in the designated changing areas in order to record the boys as they undressed. 

Agents conducted a forensic analysis of Close’s devices and confirmed that he had more than 110,000 image and video files that depicted minors engaged in sexually explicit conduct.  Approximately 60,000 of those files were unique images.  Close also created 1,900 images of child pornography.  To date, 143 victims have been identified, with the youngest being seven years old. 

One of the identified victims, who is referred to in court filings as Minor #21, provided a recorded victim impact statement which was played during the sentencing hearing.  He stated in pertinent part: 

Never have I been so sad.  This whole thing lingers in my mind all the time.  I wish I could make it go away. . . .  I have a question for you, Aqua Joe: Why? Why would you do this to me?  Why would you do this to any kid?  How dare you do this to a kid that can’t defend himself.  I don’t understand.  I’m supposed to be able to trust the people that I’m told I can trust.  You took advantage of me and you spied on me.  Now I don’t trust anyone.  You ruined part of my life!  And I hate you. . . . I especially hate you for hurting my mother.  You broke her heart – and mine. . . .  I hope someday I can forget about you.

This case was investigated by Homeland Security Investigations, the Ohio Internet Crimes Against Children Task Force (ICAC) and the Shelby Police Department.  It was prosecuted by Assistant U.S. Attorney Carol M. Skutnik.