Northern District of Ohio

            Russell Delano Miley-Cruz, from Scranton, Pennsylvania, was sentenced today to 18 months in prison and three years of supervised release for transmitting a school shooting threat about Parma High School.  He was also ordered to reimburse the Parma Police Department for overtime hours incurred responding to this hoax threat.

            “Posting threats to disrupt a school day is unlawful conduct under any circumstances, but especially where, like here, the defendant was in another state and then lied about his conduct to law enforcement,” said U.S. Attorney Justin Herdman. “Ensuring the safety of students, faculty, and school employees is a top priority for law enforcement in Northern Ohio.  This defendant deserves every day of this 18 month sentence of imprisonment.”

            “Making threats to commit a school shooting are not taken lightly by law enforcement as evidenced by this sentence handed down today,” said FBI Special Agent in Charge Eric Smith. “Miley-Cruz induced fear in school personnel, students and their parents at Parma High School and wasted valuable law enforcement resources, and then he lied about being involved.  Law enforcement would like to remind people to #thinkbeforeyoupost, hoax threats will be prosecuted.”

            “After an exhaustive investigation conducted by members of the Parma Police Department as well as the FBI, we are hoping he receives a sentence which will send a message to others that this is not acceptable and this type of behavior will not be tolerated,” said Parma Police Chief Joseph M. Bobak.

            According to evidence presented at sentencing, on April 11, 2018, Miley-Cruz, using the screenname “djravetastic,” sent a Snapchat message to a student he believed attended Parma High School, which stated: “Don’t go to Parma High School tomorrow friend, we are about to shoot that shit up alright man?  Don’t tell the cops and you will be fine.”  Miley-Cruz claimed to have received the threat himself and was merely forwarding it to the student.  Five minutes later, Miley-Cruz sent the student another Snapchat message and told her to tell her friends “because it could save lives,” and added that two of his friends got the same message in Ohio and Tennessee, respectfully.  Miley-Cruz sent multiple Snapchat messages urging the student to share the threat with her friends.  The student shared the message containing the threat with a friend who then shared it via Snapchat.  Thereafter, the threat spread among Parma High School students.  The following day, April 12, 2018, approximately 1200 students called out of school with only 340 students attending out of 1553 total Parma High School students.  

            Prior to transmitting the threat, Miley-Cruz created an account on a virtual private network (VPN) site for encrypted communications.  On April 10, 2018, a day before he transmitted the threat, Miley-Cruz searched for and installed an application on his phone that allowed him to mask and manipulate his caller ID to reflect a different phone number than his own.  Approximately an hour later, Miley-Cruz received a text from a fake phone number. On April 10, 2018, Miley-Cruz searched “How to share other people’s snaps” and clicked on an article titled “Update: how to send other people’s snaps on snapchat.”  Miley-Cruz visited the same article three times within three hours.  On April 11, 2018, Miley-Cruz installed an application on his phone that deletes internet search history.  Approximately three minutes later, Miley-Cruz search for “Snap History Eraser” and “Snapchat Message Eraser.” 

            During the investigation, Miley-Cruz provided a fake phone number to the Parma Police, denied knowing anyone who lived in Parma, and denied any knowledge of a school shooting threat to students at Parma High School.  Within minutes after speaking with a Parma Police Detective, Miley-Cruz called the Detective back, claiming to have received another school shooting threat.  This threat, like the original threat, came from a fake phone number.  Finally, Miley-Cruz created a fake Facebook profile utilizing an actual Parma High School student’s image and commented on local media stories taking credit for the school shooting threat. 

            This case was investigated by the Parma Police Department, the Scranton, Pennsylvania Police Department and the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorneys John C. Hanley and Robert J. Patton.

 

            (Cleveland, Ohio) - U.S. Attorney Justin E. Herdman announced today that the Northern District of Ohio collected $39,306,678.20 in criminal and civil actions in Fiscal Year 2019.  Of this amount, $32,884,564.20 was collected in criminal actions and $6,422,114.00 was collected in civil actions. 

            Additionally, the U.S. Attorney’s Office for the Northern District of Ohio, working with partner agencies and divisions, collected $14,622,034 in asset forfeiture actions in FY 2019.  Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.            

            Accordingly, a combined $53,928,712.20 was collected by the U.S. Attorney’s Office for the Northern District of Ohio in FY 2019.

            “These figures represent money returned to the United States through the hard work and outstanding effort of our employees and law enforcement partners” said U.S. Attorney Justin E. Herdman.  “Whether we are representing the United States in a criminal or a civil action, we will always seek to maximize the financial interests of our country in resolving these cases.”

            Separately, the Northern District of Ohio worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $1,239,149.51 in cases pursued jointly by these offices.  Of this amount, $35,206.84 was collected in criminal actions and $1,203,942.67 was collected in civil actions.         

            The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

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Andrew K. Ecklund, 57, a chemist, previously employed at an environmental testing company in Northeast Ohio, was charged in a nine-count indictment for falsifying test results that were sent to customers across the country.

As alleged in the indictment, Ecklund was a laboratory analyst who was responsible for testing environmental samples for the presence of hazardous substances.  On numerous occasions between December 15, 2014 and February 25, 2015, Ecklund allegedly took steps to make it appear that deficient samples met quality control standards when, as charged in the indictment, they did not.

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 Ohio EPA, Ohio Attorney General’s Office, Army Criminal Investigation Division, Department of Defense, Office of Inspector General, and U.S. EPA Criminal Investigation Division, all of which are members of the Northeast Ohio Environmental Crimes Task Force.  The case is being prosecuted by Assistant U.S. Attorneys Carmen E. Henderson and Brad J. Beeson.

Eleven people were indicted in federal court for their roles in a conspiracy to operate an illegal gambling business and a conspiracy to launder monetary instruments.

Stephen Bellipario, aka Tony, 36, of Long Island, New York; Joseph Fowles, aka Matt, 36, of Seaford, New York; Amir Hugh Robinson, 47, of Sunny Isles Beach, Florida; Anthony Pinialis, 64 of Las Vegas, Nevada; Clinton Reider, 41, of Mentor on the Lake; Thomas Reed, 48 of Kirtland Hills, James Ovens, 50 of Willoughby; Michael Tutolo, 53 of Mentor; Maurey Presser, 61 of South Euclid; Alan Bambic, 44 of Painesville; and Ralph Robertson 57 of Chagrin Falls are all charged with conspiracy to operate an illegal gambling business and operating an illegal gambling business.  Bellipario, Fowles, Robinson, Pinialis, Ovens, and Tutolo are also charged with conspiracy to launder monetary instruments.

“Identifying fraudulent schemes, including alleged gambling and money laundering enterprises, remains a priority of the Department of Justice and this U.S. Attorney’s Office,” said U.S. Attorney Justin Herdman.  “Our partner agencies share in this commitment, which is certainly reflected in the work performed by the Internal Revenue Service and the United States Secret Service that led to these charges.” 

“One of the U.S. Secret Service’s priorities is to safeguard the country’s financial system,” stated Jonathan Schuck, Special Agent in Charge of the U.S. Secret Service, Cleveland Field Office.  “The U.S. Secret Service, IRS and United States Attorney’s Office were able to successfully collaborate to identify a large complex money laundering scheme that reaches not only domestically but internationally as well.” 

“IRS Criminal Investigation is committed to unraveling complex financial transactions and money laundering schemes where individuals attempt to conceal the true source of their money," stated Bryant Jackson, Special Agent in Charge of IRS-Criminal Investigations’ Cincinnati Field Office. “Working collaboratively with the U.S. Secret Service and U.S. Attorney’s Office, IRS-CI will continue our efforts to ensure all those who participated in these schemes are brought to justice.”

The indictment alleges that the conspiracy was made up of bookmakers, more commonly known as bookies, operators of a bookmaking website, and money launderers. Bellipario and Fowles allegedly operated PremierPerHead.com (“PPH”), a gambling website based in Costa Rica. PPH allowed bookmakers to pay a weekly fee per active client account, known as a “pay per head” fee, and provided bookmakers in the Northern District of Ohio and elsewhere with access to an online gambling platform that their clients could use to place and track bets.  Specifically, PPH is alleged to have allowed gambling clients to make bets on sporting events and other wagers via the website or by phone.  PPH also allegedly tracked clients’ winnings and losses and maintained a dollar balance of the bookmakers’ client accounts.

The indictment alleges that Reider, Ovens, Tutolo, Reed, Presser, Bambic, and Robertson, along with others, operated as bookmakers in the Northern District of Ohio, Eastern Division and utilized the PPH website. The indictment further alleges that the pay per head fees were paid to the PPH website through a variety of payment methods, including money orders, prepaid gift cards, MoneyGram, Western Union, PayPal, Bitcoin and cash payments.

According to the indictment, Robinson and Pinialis assisted in the laundering of proceeds from PPH.  Pinialis allegedly collected money orders sent to an address in Las Vegas, Nevada by bookmakers for payment of PPH fees and deposited the money orders into a bank account in his name.  Robinson allegedly processed prepaid gift cards sent by bookmakers as payment for PPH fees, which resulted in deposits into his business bank account. Robinson later converted the deposits into Bitcoin in order to transfer the funds to the operators of the PPH website.

The indictment also alleges numerous payments of thousands of dollars from the bookmakers to the operators of PPH. Additionally, the indictment alleges that thousands of dollars of cash was seized from the homes of some of the bookmakers.

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

If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles in the offense and the characteristics of the violations. In all cases the sentences will not exceed the statutory maximum and in most cases sentences will be less than the maximum.

This case was investigated by the United States Secret Service and the Internal Revenue Service Criminal Investigations. It is being prosecuted by Assistant U.S. Attorneys Carmen Henderson and Alejandro Abreu and Criminal Division Chief Robert Bulford.

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Cody Swinnerton, 25, of Berea, was sentenced to 35 years in prison with 25 years supervised release to follow. He was also ordered to pay $45,900 in special assessments.  He previously pleaded guilty on September 10, 2019 to seven counts of Sexual Exploitation of Children, and one count each of Receipt and Possession of Child Pornography after he contacted several children between the ages of 12 and 15 and coerced them into sending him sexually explicit images.

According to an affidavit in the case and information presented at sentencing:

Swinnerton began his exploitation of children in 2013 when he engaged in sexual conduct with a sleeping child and then videotaped the assault with his cellphone.  Thereafter, Swinnerton attended athletic events, like the Little League World Series in South Williamsport, Pennsylvania, where he would take pictures of the preteen athletes.  He would later contact the young athletes on social media sites like Instagram and Snapchat to congratulate them and share photos.  Simultaneously, he would contact the boys online using a teenage female persona and solicit, entice and coerce them to send sexually explicit images of themselves. 

Swinnerton used this technique to gain access to a young teenage boy and his family in New York.  After an extended period of Instagram chats, Swinnerton moved to New York and gained access to the young athlete’s home by, among other things, befriending the family.  On more than one occasion, Swinnerton sexually assaulted the sleeping minor and recorded the assault.  Swinnerton used memorabilia he acquired during his job with the Cleveland Cavaliers to entice this victim and others to communicate with him.

The case came to the attention of law enforcement when the Ohio Internet Crimes Against Children Task Force received a tip that Swinnerton appeared to be enticing and coercing minors to produce sexually explicit images. Swinnerton controlled multiple accounts and targeted minors between the ages of 12 and 15 on Instagram and Facebook.

Swinnerton contacted the victims’ friends and family to coerce the victims into producing more images. He also threatened the victims in an effort to get them to produce sexually explicit images. Further investigation revealed potential victims in Ohio, Tennessee, Iowa, Texas, Australia, Austria and France.

A search warrant was executed at Swinnerton’s Berea residence on January 25, 2019. Relatives said Swinnerton was on vacation in Australia at the time of the search, however, ICAC investigators were able to seize several of Swinnerton’s computer devices.  A forensic review of Swinnerton’s laptop revealed hundreds of sexually explicit images of preteen and teenage boys.  Further investigation revealed that Swinnerton was staying in Australia with another victim and his family.  Swinnerton surreptitiously recorded sexually explicit videos of the Australian boy even after learning that Ohio investigators had executed the search warrant on his house.    

“Let this 35-year prison sentence send a message to those would sexually assault and exploit our children,” said United States Attorney Herdman.  “We will find you anywhere in the world and we will never quit until you are brought to justice and held accountable for the unspeakable harm you have caused.” 

“This case is a disturbing reminder that international borders are no longer a hindrance for online predators,” said Vance Callender, special agent in charge of HSI for Michigan and Ohio. “However, this sentence should ensure victims around the world that Homeland Security Investigations and our partners in the international law enforcement community are committed to aggressively targeting those engaged in these heinous acts.”

“This defendant's conduct should serve as a warning to parents that offenders are creating fictitious identities to groom, threaten and exploit children on today's popular Internet sites and social media apps,” said David Frattare, Commander of the Ohio Internet Crimes Against Children Task Force.  “Online child exploitation offenders understand the power that these inappropriate images and videos have when it comes to continuing this victimization.”

Australian Federal Police (AFP) Assistant Commissioner Debbie Platz said alarmingly, the volume of reports concerning the sexual exploitation of children is increasing and the appetite for the vile material can lead to vulnerable children suffering devastating harm.  “Today’s outcome sends a strong message to child sex offenders that you are not anonymous online,” Assistant Commissioner Platz said. “It does not matter where you live, or if you are in a different country to your victims, police will track you down and prosecute you.  The partnership forged between HSI and the AFP in countering child exploitation on a global level was pivotal to the successful outcome in this matter.”

Australian Border Force Commander, Investigations, Graeme Grosse said this result was a great example of international partner agencies, working together to protect children on a global scale.

“The ABF has assisted our international partners in catching and bringing this individual to justice who was actively seeking out children with the intent to exploit and abuse them for his own gratification.” he said.  “Anybody who is involved in this type of activity should know that there is nowhere to hide and the international law enforcement community is actively seeking you out to ensure are stopped and you face the full force of the law.”

This investigation was conducted by Homeland Security Investigations, the Ohio Internet Crimes Against Children Task Force, HSI-Canberra, the Australian Federal Police and Australian Border Force. The case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik.

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More than $3.2 Million Will Support Efforts to Combat Drugs and Crime

in the Northern  District of Ohio

The Justice Department’s Office of Justice Programs announced awards of more than $333 million to help communities affected by the opioid crisis. More than $3.2 million will help public safety and public health professionals in the Northern District of Ohio combat substance abuse and respond effectively to overdoses. OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan made the announcement during a visit with local, state and federal officials in West Virginia, one of the states hardest hit by the epidemic.

“The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless,” said PDAAG Sullivan. “This epidemic—the most deadly in our nation’s history—is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. The Department of Justice is here to support them during this unprecedented and extremely challenging time.”

With more than 130 people dying from opioid-related overdoses every day, the Department of Justice has made fighting addiction to opioids—including heroin and fentanyl—a national priority. The Trump Administration is providing critical funding for a wide range of activities—from preventive services and comprehensive treatment to recovery assistance, forensic science services and research—to help save lives and break the cycle of addiction and crime.

“These dollars will boost the efforts of our law enforcement, prevention, education and treatment efforts throughout northern Ohio,” said United States Attorney Justin Herdman.  “We expect that these grants will save lives and help turn the tide of this multi-generational epidemic. The Department of Justice is committed to our partners here in Ohio and these funds are just one measure of that support.”

The awards support an array of activities designed to reduce the harm inflicted by these dangerous drugs. Grants will help law enforcement officers, emergency responders and treatment professionals coordinate their response to overdoses. Funds will also provide services for children and youth affected by the crisis and will support the nationwide network of drug and treatment courts. Other awards will address prescription drug abuse, expand the capacity of forensic labs and support opioid-related research.

The following awards were made to organizations in the Northern District of Ohio:

1. Erie County: $600,000 to encourage and support development of a site-based program.
2. Mental Health and Recovery Services Board of Lima County: $400,000 to facilitate justice and mental health collaboration programs.
3. City of Cleveland: $750,000 to facilitate justice and mental health collaboration programs.
4. Ashtabula County: $139,111 for Adult Drug Court and Veterans Treatment Court.
5. Medina County Drug Court: $500,000 for Adult Drug Court and Veterans Treatment Court.
6. Cuyahoga County Common Pleas Court: $439,924 for Adult Drug Court and Veterans Treatment Court.
7. Summit County: $455,471 for Adult Drug Court and Veterans Treatment Court.

Information about the programs and awards is available here. For more information about OJP awards, visit the OJP Awards Data webpage.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

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The Operation will surge federal law enforcement resources into seven of America’s most violent cities – including Cleveland, Ohio

Today, Attorney General William P. Barr announced the launch of Operation Relentless Pursuit, an initiative aimed at combating violent crime in seven of America’s most violent cities – including Cleveland – through a surge in federal resources.

Joined at a press conference in Detroit, M.I., by ATF Acting Director Regina Lombardo, DEA Acting Administrator Uttam Dhillon, FBI Director Christopher Wray, and United States Marshals Service Director Donald W. Washington, Attorney General Barr pledged to intensify federal law enforcement resources into Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee – seven American cities with violent crime levels several times the national average.

United States Attorney Justin Herdman and the Cleveland-based federal law enforcement heads announced their participation in the initiative in a press conference immediately following the Attorney General’s remarks.

 “Americans deserve to live in safety,” said Attorney General William P. Barr. “And while nationwide violent crime rates are down, many cities continue to see levels of extraordinary violence. Operation Relentless Pursuit seeks to ensure that no American city is excluded from the peace and security felt by the majority of Americans, while also supporting those who serve and protect in these communities with the resources, training, and equipment they need to stay safe.”

“Operation Relentless Pursuit is aptly named, as it is what we do every day in law enforcement through great partnerships on the federal, state, and local level,” said United States Attorney Herdman, “With these additional Department of Justice resources, we will tirelessly pursue the most violent criminals, fugitives, gang members and drug traffickers in our city.  We will also relentlessly pursue a brighter, safer future for all of our friends and neighbors in Cleveland.”

“ATF’s Columbus Field Division is focused on reducing crime gun violence in our communities,” said Special Agent in Charge Jonathan McPherson. “We will work aggressively, using every tool in our toolbox, to identify, investigate and support the prosecution of the most violent firearm offenders.  Our combined goal with our partners is a safer Cleveland for us all.”

“Drug traffickers are using a double edged sword to destroy communities. On one side are the poisons they peddle and the other edge is the violence that often accompanies their criminal enterprise," said DEA Special Agent in Charge Keith Martin. "Operation Relentless Pursuit will concentrate law enforcement action to combat violent crime in designated high impact areas. DEA will target the drug trafficking sources and distributors who comprise, finance, and otherwise sustain the operations of violent organizations."

“FBI Cleveland Division is proud to partner with numerous law enforcement agencies to enforce Operation Relentless Pursuit,” stated FBI Special Agent in Charge Eric Smith.  “We will continue to identify, investigate and hold accountable those choosing to engage in violent crime, but now we will have additional resources to utilize.  Our strong, existing partnerships will benefit us greatly in our efforts to implement this DOJ initiative."

"The U.S. Marshals Service and the Northern Ohio Violent Fugitive Task Force are prepared and committed to the Attorney General’s upcoming operation and surge into the community to reduce violence and increase safety,” stated U.S. Marshal Peter Elliott.  “We will support this mission by working with our federal, state and local partners to take violent fugitives off the streets of Cleveland.” 

The Operation will involve increasing the number of federal law enforcement officers to the selected cities, as well as bulking up federal task forces through collaborative efforts with state and local law enforcement partners. The surge in federal agents will be complemented by a financial commitment of up to $71 million in federal grant funding that can be used to hire new officers, pay overtime and benefits, finance federally deputized task force officers, and provide mission-critical equipment and technology.  

# # #

     Vincent Armstrong, 24, was sentenced today to 72 months of incarceration for his involvement in planning a terrorist attack at a local Toledo bar.  His co-defendant and live-in girlfriend, Elizabeth Lecron, was previously sentenced to 180 months of incarceration and lifetime supervised release.

     “This defendant admitted to helping plot and plan a mass-casualty attack in Toledo,” said U.S. Attorney Justin Herdman.  “His sentence reflects the seriousness of the charges against him and should serve as a reminder to all who live in our District and beyond - we will never stop working to protect our families, friends and neighbors.” 

     "Vincent Armstrong's sentence will ensure he remains safely away from the public for some time,” said FBI Special Agent in Charge Eric Smith.  “He and his fellow conspirator, Elizabeth LeCron, planned to attack and murder their fellow citizens for no other reason than their infatuation with violence.  The FBI once again applauds the public for bringing LeCron and Armstrong's plans to the attention of law enforcement. Without the reporting of their dangerous plans one of our communities could have suffered a horrendous mass shooting.  Law enforcement depends on the public's vigilance to counter insidious plots like these."

     Toledo Police Chief George Kral said: “With the sentencing of this potential mass murderer, as was the case in his co-conspirators, residents of Toledo and NW Ohio are safer.  Sadly, these individuals reside not only in our major cities, but also much closer to home.  I commend the relationships and collaborations we have with of local, state and federal law enforcement partners. Toledoans can sleep soundly knowing that law enforcement will never cease in the identification, investigation, and prosecution of those who want to hurt innocent people.”

     As set out in court filings and during court hearings, Lecron and Armstrong met and started dating in early 2018.  The two became immersed in a subculture that fixated and lionized mass murderers known as the “True Crime Community.”   Their obsession included a trip in August 2018 to visit the sights related to the Columbine High School shooting to pay tribute to the shooters.

     Lecron and Armstrong privately discussed committing their own mass murder in the Toledo area and referred to this attack as “D-day.”  They discussed using bombs and guns to kill, maim, and injure innocent people.  They took several steps in preparation for “D-day.” They purchased guns and went to the shooting range to practice their firearm skills.  They also printed instructions to make pipe bombs and bought some the necessary components.  They detailed their plan and feelings in personal journals.  For instance, Armstrong wrote that he had “a vision to kill” and Lecron wrote, “D-day will be my salvation.” 

     This conduct took place between April 2018 and December 10, 2018.

     This case was investigated by the FBI Joint Terrorism Task Force and prosecuted by Assistant U.S. Attorneys Michael Freeman and Tracey Tangeman.

An Akron man was sentenced to 355 months in federal prison for shooting at three law enforcement officers as well as attempting to carjack two people and possessing methamphetamine.

Michael P. Johnson, 34, was convicted of one count of assault on law enforcement officers with a deadly weapon, one count of discharging a firearm during a crime of violence, two counts of attempted carjacking and two counts of possession with intent to distribute methamphetamine.

On September 24, 2017, Johnson possessed with the intent to distribute approximately 362 grams of methamphetamine.  On January 2, 2018, while working with federal law enforcement agents, Akron police officers attempted to arrest Johnson on the methamphetamine trafficking charges.  During a traffic stop, Johnson got out of a vehicle and fired a Smith and Wesson .38-caliber revolver at the officers.  After shooting at the officers, Johnson fled and used the revolver to attempt to carjack the drivers of two vehicles at an Akron gas station.  Officers caught Johnson and found that he possessed approximately 136 grams of methamphetamine.

Johnson was also ordered to forfeit $4,767.   

“This defendant put dozens of people at risk – the officers he fired upon, the innocent people he tried to carjack and the Akron residents simply passing by,” U.S. Attorney Justin E. Herdman said. “Nearly 30 years in prison is an appropriate and just result that should also deter others who so callously disregard the lives of law enforcement offices and innocent community members.”

Akron Police Chief Ken Ball said: “This incident is an example of the grave danger that the men and women of the Akron Police Department face every day in service to their community.  We are pleased that the defendant [was] made to answer for his behavior ….” 

This case was prosecuted by Assistant U.S. Attorneys Henry F. DeBaggis and Aaron Howell following an investigation by the Akron Police Department, the U.S. Marshals and the Drug Enforcement Administration. 

 

            Bogdan Nicolescu, 37, and Radu Miclaus, 37, both from Bucharest, Romania, were sentenced to 20 years and 18 years, respectively, for their roles in a scheme to, among other things, infect more than 400,000 computers with malware and gain access to credit card and other information for later sale on dark market websites. 

            According to testimony at trial and court documents, Nicolescu, Miclaus, and others operated a criminal enterprise referred to as the “Bayrob Group” from Bucharest, Romania.  It began in 2007 with the development of proprietary malware, which they disseminated through malicious emails purporting to be legitimate emails from entities and agencies such as Western Union, Norton AntiVirus, and the IRS. When recipients clicked on an attached file, the malware secretly installed itself onto their computers.

            This malware harvested email addresses from the infected computer, such as from contact lists or email accounts, and then sent malicious emails to these harvested email addresses.  By using the infected computers to reach out and control additional computers, the defendants infected and controlled more than 400,000 individual computers, primarily in the United States.

            In addition to using the infected network to expand its size, Nicolescu, Miclaus, and other members of the Bayrob Group used the collective processing power of the computer network to solve complex algorithms for the financial benefit of the group, a process known as cryptocurrency mining.

            Finally, trial testimony and evidence revealed that these defendants engaged in persistent and sophisticated data mining of the infected computers, selling information gleaned from infected computers repeatedly over time on the Dark Web.  Investigators discovered evidence on the Dark Web of trafficking in users’ personal financial information, passwords, and access to their computers.

            In total, this criminal enterprise resulted in losses of at least $4 million.

            Notably, this investigation started with a complaint from a victim in the Northern District of Ohio.  But for that victim contacting law enforcement to report suspicious activity and potential theft of information, the defendants’ malware would have likely continued to infect thousands of additional computers and harmed thousands of additional individuals. 

            “Today’s sentences underscore the critical work being done to investigate and prosecute to the fullest extent those criminals who think that the presumed anonymity of the Internet can hide their pervasive and extensive criminal activities,” said U.S. Attorney Justin Herdman.  “Regardless of whether the criminals are in Romania, or within our District, these sentences send the clear and resounding message that crimes committed using the Internet will not go unpunished.”

          "These sentences handed down today reflect the dynamic landscape in which international criminals utilize sophisticated cyber methods to take advantage of and defraud, unsuspecting victims anywhere in the world,” said FBI Special Agent in Charge Eric Smith. “Despite the complexity and global character of these investigations, this investigation and prosecution demonstrate the commitment by the FBI and our partners to aggressively pursue these individuals and bring justice to the victims.”

          The FBI investigated the case, with assistance from the Romanian National Police and the Romanian Directorate for the Investigation of International Organized Crime and Terrorism.  The case was prosecuted by Assistant U.S. Attorneys Duncan T. Brown and Brian McDonough, along with the Computer Crime and Intellectual Property Section of the Department of Justice.  The prosecution was assisted by the Department of Justice’s Office of International Affairs.

            If you or a family member believe you have been a victim of online fraud, theft, or criminal activity, please contact local law enforcement and make a report with the Internet and Cyber Crime Complaint Center at www.IC3.gov.

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Joseph P. Gray, Jr. was sentenced to 40 years in prison for leading a wide-ranging conspiracy to distribute heroin, fentanyl, fentanyl analogues, crack cocaine, and other drugs, as well as firearms offenses. 

Gray had been charged in 22 counts of a 42-count drug conspiracy indictment, and pled guilty to all charges.  The charges included a conspiracy to distributed controlled substances, distributing and possessing with intent to distribute controlled substances, possessing a firearm as a felon, and possessing a firearm in furtherance of his drug trafficking.   Judge John R. Adams sentenced Gray to 480 months of incarceration, followed by 10 years of supervised release.  The Court found that that Gray was responsible for approximately 1.5 kilograms of heroin and fentanyl mixtures and almost a kilogram of crack that the DTO distributed.

Gray has 21 co-defendants.  Twenty of them have also pled guilty, and most are still awaiting sentencing.  One co-defendant, Ricky Jackson of Cleveland, Ohio, remains a fugitive. 

U.S. Attorney Justin Herdman said: “This defendant dealt death for profit and celebrated the overdose of people suffering from addiction.” “Every day of this four decade sentence was well-earned by Joseph Gray and this term of imprisonment sends a powerful message to anyone selling heroin, fentanyl, and cocaine: these Ohio neighborhoods belong to us, not you.”   

“The DEA and its local, state and federal partners are committed to removing dangerous substances, and those who seek to profit from their distribution, from our communities,” said Detroit Field Division Special Agent in Charge Keith Martin. “Mr. Gray will now have a considerable amount of time in prison to think about his unlawful behavior and his role in destroying the lives of countless Ohioans.”

Euclid Police Chief Scott Meyer said: “The Euclid Police Department would like to thank our federal, state, county and local partners.  I want to specifically recognize the DEA and our task force partnership with that organization.  Law enforcement has an obligation to address the dysfunction, chaos and danger created by those who choose to traffic in drug and gun violence.  The Euclid Police Department will continue to proactively address those who participate in illicit and violent activities which have an adverse and negative impact on our community.  Euclid is a diverse community of good, hardworking and caring residents.  We will continue to work with any individual, group or organization that shares the mission of making Euclid a safe and vibrant community for all.”

"The importance of collaboration and teamwork in law enforcement operations cannot be understated," said Cleveland Police Chief Calvin D. Williams. "This particular investigation spanned multiple counties, cities and communities and would not have come together so comprehensively without the partnerships between the agencies ….” 

According to court records and the evidence presented at the sentencing hearing:

Gray led a drug trafficking organization (the “DTO”) that sold a variety of controlled substances, primarily heroin, fentanyl, fentanyl analogues, crack cocaine, and powder cocaine.  The DTO concentrated on customers on the east side of Cleveland, Ohio, including nearby suburbs like Euclid, Ohio, and locations in Lake County, Ohio. 

A key part of the conspiracy was co-conspirators’ use of a single “Customer Phone” line that was available to all customers.  Gray owned the Customer Phone, but handed it off to co-conspirators to use.  By passing the Customer Phone from dealer to dealer, the DTO could operate at all hours, and that line was a reliable source for his customers, who never needed call any other number to buy drugs.  As Gray told one customer on a recorded call, “my phone [is] twenty-four hours,” meaning that customers could call the phone 24 hours per day.

Gray built up a huge clientele with the Customer Phone, and the DTO used it to served hundreds of customers each day.  Gray himself complained about dealing with so many customers in a recorded call with his girlfriend.  He described how he spends his day as follows: “I sell f**king drugs and take people to Home Depot and get this and that,” and explained, “I interact with 100 people a day.”  Even when Gray was arrested and police seized the Customer Phone, he would ensure that the line remained active.  After he was arrested on January 8, 2019, he called his co-conspirators from jail and gave them instructions to purchase a new iPhone device, port over the number, and downloaded the contacts and other content and settings from the cloud. 

Investigators also tapped another telephone line of Gray’s, on which they intercepted him discussing plans for obtaining more drug supply.  In one call, Gray said heroin product they were selling—which actually contained fentanyl or a fentanyl analogue most of the time—“goes so fast.  You gotta buy hundreds,” meaning a hundred grams at a time. 

When purchasing new batches of heroin product, Gray had a system of using what he called “testers”—experienced heroin users who would try samples of a new batch before he bought it, and give him a rating on a scale from one to ten.  The DTO often used a commercial property on Holmes Avenue in Cleveland, Ohio for “testing” and other trafficking activities.

Gray also specifically pursued heroin product that was strong enough to kill users. November 23, 2018, he called a co-conspirator and reported that he had a good supply—that he had “fire on deck”—as demonstrated by the fact that it had killed one of his customers.  He described it as “casket” quality, and they discussed how to obtain more of that product.  A few days later, Gray bragged to Ricky Jackson about the strength of his product, saying “I got the fire.”  To demonstrate its quality, he explained, “This kid OD and s**t.”

Evidence presented at the sentencing hearing also showed that Gray was supplying heroin product to a 23-year-old man from Willowick, Ohio when the man relapsed in a heroin addiction in early June 2018.  The man then obtained a fatal dose of fentanyl and other drugs by calling the Customer Phone on June 7, 2018, and his family then found that he had died of a fentanyl overdose on June 8, 2018.

This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cleveland Division of Police, the Euclid Police Department, and the Suburban Police Anti-Crime Network, which includes the police departments of Lyndhurst, Highland Heights, Mayfield Heights, Mayfield Village and Richmond Heights. This case was investigated as part of the Cleveland Strike Force. It is being prosecuted by Assistant U.S. Attorneys Elliot Morrison and Brian S. Deckert.

This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation.  The OCDETF Program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking, money laundering and violent criminal organizations operating domestically and internationally.  The principle mission of the OCDETF Program is to identify, disrupt and dismantle the most serious drug trafficking, money laundering and violent criminal organizations and those primarily responsible for the nation’s drug supply.

 

Five former VA employees pleaded guilty theft charges from the Department of Veterans Affairs in Federal Court.

Michele Whaley, age 53, of Alliance, Ohio, pleaded guilty to one count of theft of federal funds totaling approximately $71,247.

Sarah Stipkovich, age 32, of North Ridgeville, Ohio, pleaded guilty to one count of theft of federal funds totaling approximately $34,746.

Daniel Folliett, age 35, of Brunswick, Ohio, pleaded guilty to one count of theft of federal funds totaling approximately $30,819.

Michelle N. Macklin, age 43, of Garfield Heights, Ohio, pleaded guilty to one count of theft of federal funds totaling approximately $17,113.

Edwin Orin, age 38, of Richmond Heights, Ohio, pleaded guilty to one count of theft of federal funds totaling approximately $15,323. 

The five individuals were employed by the VA Office of Community Care (“OCC”) and were stationed at the Cleveland VA Medical Center.  The VA OCC was responsible for processing and paying claims submitted by non-VA entities for veteran care.  VA OCC had granted overtime compensation to employees strictly for computer-based clinical tracking, clinical reviews and claims processing since approximately 2014.  After an investigation, it was determined that the five employees falsely claimed to work overtime and fraudulently received overtime compensation from the VA.      

A sixth former VA OCC employee, Demetria Sims-Leeper, age 54, was indicted on charges of Wire Fraud, Theft and False Statements related to her theft of VA overtime compensation.

“Theft from the Department of Veterans Affairs is an affront to the military men and women who have earned every penny of their benefits,” said U.S. Attorney Justin Herdman.  “These VA employees were trusted by the public to administer health care to veterans, but they failed all of us in stealing tens of thousands of dollars. This case is a tremendous credit to the VA’s Office of Inspector General, the Cuyahoga County Prosecutor’s Office, and the United States Attorney’s Office.”

“Our nation’s veterans have earned the right to be assisted by VA employees of the highest integrity.  This case should serve as a deterrent to those tempted to enrich themselves through fraud,” VA Office of Inspector General’s Special Agent in Charge Gregg Hirstein said.

The VA Office of Inspector General, Criminal Investigations Division, Cleveland investigated these cases with the assistance of the Cuyahoga County Prosecutor’s Office.  These cases are being prosecuted by Assistant U.S. Attorney Brian McDonough.

The defendants’ sentences will be determined by the Court after review of factors unique to this case, including each defendants’ prior criminal records, if any, their 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 indictment pending against Sims-Leeper 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.

            A federal grand jury in Cleveland returned a three-count superseding indictment charging Christopher M. Wilson, age 43, of Akron, Ohio, with being a felon in possession of a firearm and ammunition, possessing with the intent to distribute methamphetamine, and possessing a firearm in furtherance of drug trafficking crime.

            The superseding indictment alleges that the defendant, after having previously been convicted of burglary, robbery, illegal possession of chemicals for the manufacture of drugs, and aggravated drug possession and heroin possession, knowingly possessed a loaded Ruger .22 caliber pistol.  The superseding indictment further alleges that, at the time the defendant was found with the firearm, he also had 50 grams or more of methamphetamine. 

            The investigation preceding the indictment was conducted by ATF and the Akron Police Department. The case is being prosecuted by Assistant United States Attorney Peter E. Daly.   

            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.   

            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.

####

A federal grand jury sitting in Cleveland, Ohio, returned an indictment today charging James Hargis, Jr., age 19, of Navarre, Ohio, with three counts of possession with intent to distribute controlled substances, including LSD, MDMA and THC vape cartridges.

On April 3, 2019, agents executed a search warrant at the Navarre, OH residence of James Hargis Jr. where they seized the following: 20 grams of MDMA; more than 100 THC vape cartridges; 346 tabs of LSD; drug paraphernalia; $8,514 in cash; a .223 caliber semi-automatic rifle with ammunition; and a loaded .22 caliber revolver.

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, and the U.S. Postal Inspection Service.  The matter is being prosecuted by Assistant United States Attorney Aaron P. Howell.

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

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.

 

 

This week, a Toledo federal jury convicted Arvel Ray Henderson, II, age 50, on one count of theft of public money, one count of concealment of bankruptcy assets, and one count of bankruptcy fraud.  Henderson is scheduled to be sentenced on December 20, 2019.

Henderson, who was enrolled as a Section 8 landlord with the Lucas County Metropolitan Housing Authority (LMHA), leased several Section 8-eligible properties in the Toledo area, one of which was on Mackow Drive.  Henderson began receiving rent payments for this property from LMHA starting in 2005.  In 2011, Henderson transferred ownership of the Mackow Drive property to his stepfather.  Because Henderson no longer owned the property, he was no longer entitled to the Section 8 payments, yet he continued taking the payments for nearly three additional years after he ceased being the property’s owner.  Henderson defrauded LMHA of approximately $22,589.

In June 2014, Henderson filed as an individual for Chapter 7 bankruptcy.  Henderson failed to list the following items in his bankruptcy schedules:  three bank accounts, a variable annuity account, $499,980 in wire transfers, $20,000 in loaned funds, a 2004 BMW, and a 2014 Jeep Grand Cherokee.  The bankruptcy court, trustee, and Henderson’s creditors were thus misled about material information used to determine Henderson’s eligibility for bankruptcy protection and the appropriate terms of any bankruptcy discharge.

The case was investigated by the Federal Bureau of Investigation and the Department of Housing and Urban Development (HUD).  It is being prosecuted by Assistant U.S. Attorneys Gene Crawford and Jody L. King.

Elizabeth Lecron, 24, was sentenced today to 180 months of incarceration and lifetime supervision for her involvement in planning two terrorist attacks, including an attack at a local Toledo bar.  During the sentencing hearing, Judge James G. Carr called Lecron’s actions “monstrous.”  Her co-defendant and live-in boyfriend, Vincent Armstrong, has pleaded guilty for his role in the scheme and will be sentenced on December 10, 2019.

“This defendant was deadly serious about plotting for an attack on Toledo and an interstate pipeline,” said United States Attorney Justin Herdman.  “She stands convicted of a terrorism offense and will spend the next fifteen years in a federal prison. When she is released, she will spend the rest of her life under intense supervision by a federal court. Today’s sentence reflects the severity of her conduct and is a recognition of the continued efforts by law enforcement to protect the public from all violent threats.”

“Elizabeth Lecron's lengthy incarceration followed by a lifetime of supervised release is more than justified for her despicable plan to commit mass murder in our city,” stated FBI Special Agent in Charge Eric B. Smith.  “The investigation, prosecution, and her sentence demonstrates the importance of the continued partnership between the public and law enforcement, as well as a strong US Attorney's Office willing to pursue warranted charges that will keep dangerous people like Elizabeth Lecron under law enforcement's watchful eye.  It should also serve as a reminder to others that law enforcement will pursue criminals bent on attacking fellow citizens with every tool at our disposal.”

As set out in court filings and during court hearings, Lecron and Armstrong met and started dating in early 2018.  Shortly after meeting, Lecron expressed her interest in mass murderers and introduced Armstrong to an online group called the “True Crime Community.”  This group fixated and lionized mass murderers and posted extremely graphic images, videos, and sayings. They two became immersed in this subculture, including take a trip in August 2018 to visit the sights related to the Columbine High School shooting to pay tribute to the shooters and Lecron writing numerous letters to Dylann Roof. 

Lecron and Armstrong privately discussed committing their own mass murder in the Toledo area and referred to this attack as “D-day.”  They discussed using bombs and guns to kill, maim, and injure innocent people.  They took several steps in preparation for “D-day.” They purchased guns and went to the shooting range to practice their firearm skills.  They also printed instructions to make pipe bombs and bought some the necessary components.  They detailed their plan and feelings in personal journals.  For instance, Armstrong wrote that he had “a vision to kill” and Lecron wrote, “D-day will be my salvation.” 

Separately, on December 8, 2018, Lecron purchased two pounds of black powder and hundreds of screws intending that they be used in a bombing of a pipeline in Georgia. 

This conduct took place between April 2018 and December 10, 2018.

This case was investigated by the FBI Joint Terrorism Task Force and prosecuted by Assistant U.S. Attorneys Michael Freeman and Tracey Tangeman.

###

Two Cleveland men were each sentenced this week to more than 33 years in federal prison, followed by three years of supervised release, for multiple armed robberies of MetroPCS stores in the Cleveland area. 

“When you point guns at the heads of robbery victims and threaten them with imminent violence, not just once, not just twice, but three and four times, then you can expect to go to jail for a long time,” said United States Attorney Justin Herdman.  “These two men will each spend more than three decades in federal prison. Let this sentence send the message to those who would seek to prey upon our neighbors – we will find you, we will prosecute you, and you will be in prison for many years.”

“There is no place in our community for those who use firearms for violent, criminal purposes,” said Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division.  “ATF will continue to work with our law enforcement partners at the local, state, and federal levels to bring those individuals to justice.”

According to evidence presented during trial and at sentencing, on November 19, 2019, Shawn Ford (20), and Charles Rogers (24), both of Cleveland, Ohio, used firearms to rob the following MetroPCS stores: 10959 Kinsman Road, on March 21, 2018; 11100 Lorain Avenue, on March 25, 2018; and 5853 Broadway Avenue, on March 27, 2018.  They also attempted to rob the MetroPCS store at 14701 Kinsman Road, on March 27, 2018. 

On March 21, 2018, both defendants entered the MetroPCS store wielding pistols.  One pistol had an extended magazine, holding a large amount of ammunition. The defendants threatened and became physically aggressive with a handicapped victim who had difficulty getting down on the ground during the robbery.  One defendant also placed his pistol to the back of the store manager’s head when he did not provide money quickly enough and did not have the phones defendants’ demanded. 

On March 25, 2018, both defendants entered the MetroPCS store, one armed with a pistol.  The store was busy during this time, with at least five customers and two employees present.  During this robbery, one defendant pointed his pistol at the head of an employee and threatened to kill him. 

On March 27, 2018, the defendants attempted to rob the MetroPCS store at 14701 Kinsman Road.  The sole employee present that day struggled to pull the door closed when he saw the defendants approach in all black clothing and hoodies that covered their faces.  After this failed attempt, the defendants moved onto the MetroPCS located at 5853 Broadway Ave.  During this robbery, one employee was kicked in the stomach when he did not respond to the defendants’ demands quickly enough.  Also during this incident, an off-duty Cleveland Police Officer happened to be in the store.  Ford fired nine shots at the officer as the officer attempted to apprehend them.  The officer was not injured.

This case is part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case was investigated by the Cleveland Division of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Ohio Adult Parole Authority and the Cuyahoga County Prosecutor’s Crime Strategies Unit.  It was prosecuted by Assistant U.S. Attorneys Kelly L. Galvin and Margaret Kane and Special Assistant U.S. Attorney Eleina Thomas.

William Draher, 71, was indicted on one count of engaging in the business of selling firearms without a license between January 2013 and July 2018.

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 Bureau of Alcohol, Tobacco, Firearms and Explosives.  The case is being prosecuted by Assistant U.S. Attorney David M. Toepfer.

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.

####

Darrion Powers, 23, was sentenced for a series of eight robberies committed between December 2018 and February 2019.  Judge Sara Lioi sentenced Powers to 70 months in prison and ordered him to pay $4,279 in restitution.  After his release from prison, Powers will serve three years of supervised release.  Powers had previously pled guilty to each of the robberies. 

As discussed during the sentencing hearing, Powers targeted six restaurants and two banks in Akron and Cuyahoga Falls over a period of approximately two months.  In each case, Powers entered the business wearing a mask, brandished a knife, and demanded cash from the register or bank tellers’ drawer.  In total, Powers stole $13,591. 

Akron Police apprehended Powers as he returned to his home following the robbery of a PNC Bank on February 12, 2019.  During a search of his vehicle, officers recovered over $9,000 cash stolen from PNC Bank, a knife, and clothing worn during several of the robberies.  Powers admitted to investigators that he committed each of the crimes.

This case was investigated by the Akron Police, Cuyahoga Falls Police, and the FBI, and then prosecuted by Assistant U.S. Attorney Peter Daly.

A federal jury in Cleveland convicted a Florida man of Major Fraud, Wire Fraud and Submitting False and Fictitious Claims after he engaged in six-year long scheme to defraud the government. 

James Allen Clark, 62, is scheduled to be sentenced February 25, 2020.

According to court documents and trial testimony:

Federal departments and agencies, as directed by Congress, work with the Small Business Administration and the Department of Veteran’s Affairs to award portions of contracts to small businesses, with specific goals for small disadvantaged business, including service-disabled veteran-owned small businesses.

Businesses must register and meet a number of criteria to be classified as small disadvantaged business – also known as the 8(a) program -- such as being at least 51 percent owned and 100% controlled by socially and economically disadvantaged individuals. Businesses must also meet a number of criteria to be classified as a service-disabled veteran-owned small business, such as being at least 51 percent owned by a veteran with a service-connected disability who controls the management and daily operations of the company. Service-disabled veteran-owned small businesses are permitted to enter into joint ventures with other companies but must meet specific requirements to do so.

Clark, who is neither a service-disabled veteran nor a qualified 8(a) participant, and others engaged in several criminal schemes to submit false claims and defraud the United States by obtaining government contracts set aside for qualified companies to which they were otherwise ineligible to obtain by fraudulently using proxy and pass-through companies.

Clark and others made false statements, misrepresentations and omissions of facts to hide his role in providing bonding assistance and asserting control over businesses that certified to the VA and the SBA that they were either service-disabled veteran-owned or otherwise owned and controlled by socially and economically disadvantaged individuals.  Clark then used these companies to obtain government contracts meant for legitimate companies and passed through up to 95% of the contract proceeds to his own unqualified company.  As a result, companies legitimately run by service-disabled veterans or socially and economically disadvantaged people were underbid and deprived of contracts with the government.   

Evidence showed that Clark obtained over $12 million in government contracts intended for service-disabled veterans and socially and economically disadvantaged individuals.  

“As our nation recognizes the dedication and service of veterans, this jury’s verdict in this case is especially timely,” U.S. Attorney Justin Herdman said.  “These programs were created to help those who defended our country and freedom, and suffered disabilities as a result of that service.  Clark, who never served this country, took advantage of these programs to fraudulently obtain taxpayer money.”

Michael J. Missal, Inspector General for the U.S. Department of Veterans Affairs, said: “We are pleased that this joint investigation resulted in convictions against those who abused federal government contracting set-asides for service-disabled veterans. The VA OIG will vigorously pursue those who wrongfully and fraudulently exploit the integrity of this program.”

“I applaud the excellent work of the entire investigative team,” said NASA Inspector General Paul K. Martin.  “Their commitment to protecting the integrity of the Federal procurement process will deter future misuse of taxpayer dollars.”

 “Enola Contracting Services and Mr. Clark defrauded the U.S. Marine Corps and jeopardized the integrity of the Department of the Navy procurement process by engaging in a scheme to obtain contracts intentionally set aside for small businesses,” said Matthew Lascell, Special Agent in Charge of the NCIS Southeast Field Office. “NCIS will continue to work collaboratively with our Federal law enforcement partners to combat corruption, financial fraud, and product substitution that threaten Navy and Marine Corps readiness.”

"The conviction secured in this trial is the direct result of a joint investigative effort to protect the integrity of the U.S. Government's procurement process," stated Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service's (DCIS), Northeast Field Office.  "DCIS will continue to work with its law enforcement partners and the U.S. Attorney's Office, Northern District of Ohio, to ensure that companies and individuals do not engage in fraudulent activity when they contract with the U.S. Department of Defense."

"OIG is committed to bringing to justice those that commit fraud to gain or extend access to SBA’s set-aside contracting programs,” said SBA Inspector General Hannibal “Mike” Ware.  “It is paramount that those responsible for committing fraud are held accountable for their wrongdoing to ensure the integrity of these programs.  I want to thank the U.S. Attorney’s office and our law enforcement partners for their support and dedication to pursuing justice in this case.”

“The Air Force Office of Special Investigations, along with our investigative and prosecutorial partners, stand firm in defense of our U.S. Air Force, said Special Agent in Charge Wendell W. Palmer of Air Force Office of Special Investigations Procurement Fraud Detachment 5, Dobbins Air Reserve Base, Georgia.  “We will aggressively seek out and prosecute to the fullest extent of the law, those who would fraudulently victimize our ability to protect and defend the United States and our citizens.”

This case was investigated by National Aeronautics and Space Administration -- Office of Inspector General, the Defense Criminal Investigative Service, Naval Criminal Investigative Service, Department of Veterans Affairs -- Office of Inspector General, Small Business Administration -- Office of Inspector General, Defense Contract Audit Agency and the Air Force Office of Special Investigations. It is being prosecuted by Assistant U.S. Attorneys Alejandro A. Abreu, Om M. Kakani, and Brian McDonough.

Jennifer Riccardi, 46, a former U.S. Postal Service employee who worked at the main mail processing center in Cleveland, was sentenced for her role in a scheme to steal from the U.S. mail and commit access device fraud.  Judge John R. Adams sentenced Riccardi to 56 months of incarceration, three years of supervised release, and $89,102 in restitution.  Her co-defendant and live-in boyfriend, Joseph Dennis, has already pleaded guilty for his role in this scheme and will be sentenced on January 21, 2020. 

U.S. Attorney Justin Herdman said: “This defendant is accused of stealing more than a thousand  gift cards worth tens thousands of dollars, including birthday presents or other gifts people entrusted to the postal service for delivery to their family and loved ones. As we approach the holiday season, it is important to remind anyone who is thinking of stealing from the mail that they will be held accountable for their actions, just like any other criminal.”   

U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth F. Cleevely, Eastern Area Field Office, stated: “The vast majority of the 500,000 postal employees nationwide are hard-working, trust worthy individuals.  However, when one of those employees choose to violate that trust and steal from the mail for personal gain, special agents with the USPS OIG will vigorously investigate and pursue federal prosecution when appropriate. When postal employees choose to steal from the mail, they risk their career, benefits, retirement, and possibly their freedom. To report theft of mail, or other postal employee crimes, contact special agents at www.uspsoig.gov or 888-USPS-OIG.”

In one night alone, Riccardi stole more than 100 apparent greeting cards. Among the stolen mail that was opened was a card from a mother to her daughter signed “Love you! Mom” and a card from an uncle and aunt wishing a “Happy 1st Birthday.”

According to the indictment:

Riccardi worked at the USPS Processing and Distribution Center at 2400 Orange Avenue in  Cleveland. She stole cards, letters and other pieces of mail she believed contained gift cards, focusing primarily on brightly covered envelopes that appeared to contain greeting cards.

Riccardi concealed the mail she took from the mail stream in bags, her lunch box and other means. She transported the stolen mail to the residence she shared with Dennis during her mid-shift break or at the end of her shift.

Dennis and Riccardi sold at least 41 stolen gift cards and used stolen gift cards for purchases from Amazon, Kohl’s, Starbucks and other locations.

On December 11, 2017, Dennis and Riccardi possessed at their residence at least 108 pieces of stolen mail, $42,000 in cash, an automatic currency counter and 1,505 stolen gifts cards from approximately 230 merchants or vendors. Of those, 1,322 of the gift cards bore face values, which totaled approximately $47,000.

The conspiracy took place between December 2016 and December 11, 2017.

This case was investigated by the U.S. Postal Service – Office of Inspector General, with assistance from the U.S. Postal Inspection Service and the Cleveland Division of Police, and prosecuted by Assistant U.S. Attorneys Elliot Morrison and James Lewis.

A Maple Heights man pleaded guilty to crimes related to his plot to launch a terrorist attack in Cleveland on Independence Day. The announcement was made by Assistant Attorney General of National Security John C. Demers, U.S. Attorney Justin Herdman for the Northern District of Ohio, and Special Agent in Charge Eric B. Smith for the FBI Cleveland Field Office.

Demetrius Nathaniel Pitts, aka Abdur Raheem Rafeeq, aka Salah ad-Deen Osama Waleed, 50, pleaded guilty to attempting to provide material support to a foreign terrorist organization, threats against the President of the United States and threats against family members of the President of the United States.

According to an affidavit filed in the case, 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, for 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 they 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 said.

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).”

Pitts also pleaded guilty today to threatening to kill the President of the United States and his immediate family members, namely his daughter and son-in-law.

Pitts is scheduled to be sentenced on Feb. 11, 2020. Under the terms of his guilty plea, Pitts is likely to be sentenced to 14 years in prison followed by a lifetime of supervised release.

The FBI-Cleveland Division’s Joint Terrorism Task investigated the case, which is being 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.

A Cleveland man was charged in federal court after allegedly firing at federal agents.

Reuben Rankin, 34, was charged with one count of assault on a federal officer with a deadly weapon, one count of being a felon in possession of a firearm and one count of use of a firearm in relation to a crime of violence.

According to a criminal complaint filed in U.S. District Court:

Homeland Security Investigations approached a house on Dove Avenue in Cleveland on October 30 to execute a search warrant. Agents observed six shots fired from a 2011 Mercedes-Benz and an HSI agent returned fire. Rankin exited the vehicle and was arrested.

Law enforcement officials recovered a Kahr .45-caliber handgun and six spent shell casings from the vehicle.

Rank was previously convicted of witness intimidation, domestic violence, burglary, aggravated assault and abduction, according to the affidavit.

“This defendant is alleged to have shot at federal and local law enforcement during the execution of a search warrant,” U.S. Attorney Justin Herdman said.  “We are grateful that no law enforcement officer was injured, and we stand by this very simple point – if you shoot at law enforcement investigating federal crimes, you can expect swift and severe charges in federal court.”

“The attempted shooting of HSI special agents is a stark reminder of the dangers associated with serving in law enforcement today,” said Vance Callender, HSI special agent in charge for Michigan and Ohio. “My agents rightfully defended themselves, protecting their fellow officers and the citizenry.  There were several actions the agents took which demonstrated their bravery in the face of imminent danger.  I am proud and honored to work with some of the finest special agents in the country.”

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.

A Westlake man was sentenced to nearly five years in prison for his role in a conspiracy to defraud the Cleveland Clinic out more than $2.7 million.

Wisam Rizk was sentenced to 58 months in prison and ordered to pay $2.7 million in restitution. Rizk previously pleaded guilty to conspiracy to commit wire fraud and honest services fraud and related charges. Rizk will be deported upon completion of his sentence

Rizk worked as Chief Technology Officer at Interactive Visual Health Records, a company formed by Cleveland Clinic Innovations to develop a visual medical charting concept of certain Clinic physicians into a functioning, marketable product, according to the indictment.

Rizk was hired at IVHR by Gary Fingerhut, the former executive director at Cleveland Clinic Innovations. Fingerhut previously pleaded guilty to his role in the conspiracy and was sentenced to 30 months in federal prison.

Rizk and Fingerhut, as a condition of their employment, were prohibited from receiving any financial benefit or having any personal or familial financial interests in companies the Clinic did business with, unless they were expressly disclosed to, and approved by, the Clinic.

Rizk and others caused to be incorporated a shell company known as iStarFZE LLC (ISTAR) that did not actually perform or provide any goods or services. It was established in the name of a nominee owner. Rizk caused ISTAR to establish a web site and email addresses and a mailing address in New York City to create the false impression it was an operational business, according to the indictment.

Rizk caused ISTAR to submit a bid to the Clinic to develop and design IVHR’s software and to increase the price the Clinic paid for the software design and development, all without disclosing his financial interest in ISTAR, according to the indictment.

Rizk periodically paid Fingerhut a “referral” or “commission” fee in return for Fingerhut not disclosing the fraud scheme, according to the indictment.

This case is being prosecuted by Assistant U.S. Attorney Rebecca Lutzko following an investigation by the Federal Bureau of Investigation.

The U.S. Attorney’s Office for the Northern District of Ohio filed a record number of violent crime indictments in Fiscal Year 2019 as part of a strategy to help drive down homicides and fatal overdoses.

The office indicted 1,061 people in FY 2019.

That includes 308 people indicted for violent crime offenses, the highest number in the office’s records, which date back to 2004.

It also includes 456 people indicted for drug offenses – the highest number since 2005 and nearly double the amount of people indicted in just two years ago.

 “The revitalized Project Safe Neighborhoods program is a major success,” said Attorney General William P. Barr. “It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety. U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police. The Justice Department’s relationships across the board have never been stronger.”

“Our office is proud to demonstrate that we are doing what is necessary to help reduce violent crime in Northern Ohio,” U.S. Attorney Justin Herdman said. “Thanks to the incredible work of our law enforcement partners, we are able to hold accountable people who point a loaded gun at someone while robbing them, sell the fentanyl and other drugs killing our neighbors, illegally have firearms after a criminal conviction, or any of the other types of crimes we handle in federal court.”

According to FBI’s Uniform Crime Report released this week, the violent crime rate decreased nationally for the second consecutive year, down 3.9 percent from the 2017 numbers.

In Toledo, homicides are down 19 percent over this time last year. Homicides in Cleveland are down nearly 10 percent over the same period last year. Homicides are down slightly in Akron and Mansfield and are flat in Canton.

The Department of Justice in 2017 reinvigorated its nationwide violent crime reduction program, Project Safe Neighborhoods (PSN). Drawing from academic research and decades of experience, the program is based on the fundamental principle that law enforcement agencies and communities must work together to address violent crime to make our neighborhoods safer.

PSN is an evidence-based violent crime reduction program that takes a collaborative approach to public safety. It leverages law enforcement and community partnerships, along with strategic enforcement efforts, to focus on the most violent criminals in the most violent locations.

Independent academic research found that PSN successfully reduced violent crime by an average of 4–20 percent, with reductions as high as 42 percent in certain locations. In 2017, the Department enhanced its PSN program, emphasizing data-driven strategies that focus on the most violent offenders, new technologies, and above all, partnerships with a wide range of stakeholders in local communities. With these changes, the program will be more effective than ever to help make America safer.

PSN brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.

The foundations of the PSN strategy are:

• Community-Based –Each local program is contoured to fit the specific violent crime problem in that district. 
   
• Targeted – Utilizes law enforcement and community intelligence, along with cutting-edge technology, to identify and target the most violent offenders for enforcement action. 
   
• Comprehensive – Directs United States Attorneys to marry enforcement efforts with support of prevention and reentry strategies to truly combat violent crime in a lasting way. 

In the Northern District of Ohio, U.S. Attorney Herdman worked with local police, community partners, federal agencies and other partners to identify violent crime and narcotics trafficking as two of the most pressing threats to public safety. He established a Violent Crime Unit in the office and began working with others to implement strategies designed to identify, disrupt and prosecute those responsible for the firearms violence in Northern Ohio, as well as the drug traffickers and distributors who have played a role in the record number of overdose deaths in Ohio over the past several years.

He also took steps to strengthen existing partnerships and build new ones in an effort to prevent future generations from being drawn into a life of crime and/or addiction. We office also continues to work in partnership with others to implement comprehensive reentry strategies, so people returning home from prison are equipped with the tools to lead productive lives moving forward.

The impact of these strategies can be seen in both the number and types of cases the office has prosecuted in recent years.

Notable programs and cases related to PSN include:

Commercial Robberies

U.S. v. Ford and Rogers: A federal jury convicted two Cleveland men of brandishing firearms while robbing MetroPCS stores last year and shooting at an off-duty Cleveland police officer. Shawn Ford, 20, and Charles Rogers, 24, were each convicted on multiple counts of Hobbs Act robbery and using firearms during a crime of violence. They are scheduled to be sentenced October 9. Ford and Rogers robbed the MetroPCS story at 10959 Kinsman Road on March 21, 2018, at 11100 Lorain Ave. on March 25, 2018, and at 5853 Broadway Ave., on March 27, 2018, and attempted to the rob the store at 14701 Kinsman Road, also on March 27, 2018. Ford and Rogers fled from the store on Broadway after taking more than $1,000 from the register. An off-duty Cleveland police officer, who was a customer in the store, followed them out of the store. He identified himself as a police officer and ordered them to stop. One of the suspects began shooting at the officer and spent 9 mm shell casings were recovered nearby. About 30 minutes later, an officer saw a vehicle that matched the description of the car the suspects got into after shooting at the officer. The car was pulled over with Ford and Rogers inside. Inside the car was a spent 9 mm round, blue latex gloves and clothing that matched clothing worn by suspects in other MetroPCS robberies. Rogers was wearing an electronic monitoring device with GPS capabilities on March 21, the date of the first MetroPCS robbery. The GPS placed Rogers in the vicinity of the Kinsman Road store a few minutes before the robbery. Sometime later the GPS device was tampered with or taken off Rogers, according to court documents.

U.S. v. Griffin: An Akron man was sentenced to 12 years in prison for the armed robbery of a Dollar General. Deonte Griffin, 29, previously pleaded guilty to Hobbs Act robbery, use of a firearm in relation to a crime of violence and being a felon in possession of a firearm. Griffin used a firearm to rob the Dollar General at 901 Copley Road in Akron on August 30, 2017. He possessed a .25-caliber pistol and ammunition despite a previous conviction for aggravated robbery which made it illegal for him to have a firearm, according to court documents.

U.S. v Liberty and Begin: A Northeast Ohio couple was sentenced to prison for 16 armed robberies or attempted robberies to fund their drug habit. Casey Layne Liberty, 31, of Amherst, and Daniel T. Begin, 33, of Cleveland, were both sentenced to 71 months on prison. Both were ordered to pay $6,598 in restitution. The pair previously pleaded guilty to conspiracy to commit bank robbery, bank robbery, conspiracy to commit Hobbs Act robbery and Hobbs Act robbery.

U.S. v. McKissack: A Maple Heights woman was sentenced to more than nine years in prison for robbing the same consignment store on Chagrin Boulevard on consecutive days, including using a firearm in the second robbery. Rachellette McKissack, 26, was sentenced to 114 months in federal prison. She previously pleaded guilty to two counts of Hobbs Act robbery and one count of using a firearm during a crime of violence. McKissack robbed the Cleveland Consignment Shoppe at 28790 Chagin Blvd. in Woodmere on November 15, 2018. McKissack again robbed the Cleveland Consignment Shoppe on November 16, 2018, this time using a firearm during the robbery, according to court documents.

Domestic Abusers with Firearms: The office has filed approximately 40 indictments related to people having firearms after having been convicted of domestic violence. Previously, the office averaged between four and six of these cases a year

U.S. v. Kraemer: A North Canton man was indicted for lying about numerous previous domestic violence convictions while purchasing firearms and for illegally having firearms after being convicted of domestic violence. Kraemer, twice in 2018, made false statements while purchasing firearms from Fin, Feather and Fur in Canton. He provided a false address and indicated he had not been convicted of the misdemeanor crime of domestic violence when, in fact, he had been convicted of domestic violence three times, according to the indictment. Kraemer possessed a Stoeger 12-gauge shotgun,  a Taurus 9 mm pistol and a Ruger .380-caliber pistol, according to the indictment.

U.S. v. Hych: A Cleveland man twice convicted of domestic violence was indicted for having a gun. Joshua Hych, 24, was indicted in federal court on one count of possession of a firearm after misdemeanor crime of domestic violence. Hych on Sept. 26 possessed a Taurus 9mm handgun, despite convictions for domestic violence in 2012 and 2015 Parma Municipal Court.

Firearms Trafficking and Robberies

U.S. v. Clark et. al.: Five Canton men were indicted for allegedly stealing dozens of guns from a firearms store in Canton in February. Four of the defendants were also indicted on charges of conspiring to steal firearms from another Canton firearms store. Robert Clark, Jr., 18, Marquelis Thomas, 21, Shymeik Barkley, 18, God Gibson, 18, and Jamaryon Frazier, 18, were each indicted on one count of theft of firearms from a licensed firearms dealer. Clark, Thomas, Gibson and Frazier are also indicted on one count of conspiracy to commit theft of firearms from a licensed firearms dealer. The five men are accused of stealing 22 firearms from Elite Security Consultants LLC on February 2, 2019. Clark, Thomas, Gibson and Frazier are also accused of conspiring to steal firearms from Stark Arms on February 2, 2019. The men parked at Stark Arms, on Cleveland Avenue S.W., wearing gloves and covering their faces and attempted to gain entry by throwing a heavy metal object at the business’s window, according to the indictment.

U.S. v. Riley:  Emmanuel Riley, 27, and Sevario Whitaker, 36, were each charged with theft from a federal firearms licensee and possession of a stolen firearm after allegedly stealing dozens of guns from a firearms store in Oregon, Ohio. A federal firearms licensee doing business as Towers Armory was burglarized on November 19, 2018. Approximately 46 firearms, six suppressors and four gun bags were missing from the store. Video surveillance from the store showed two men entered the store at approximately 3:24 a.m. after gaining access through the ventilation system on the roof and began removing firearms. They returned to the store several times in the early morning hours and continued removing firearms. Investigators obtained additional footage from a nearby business that showed the two men entered a Toyota Camry and drove away. A Toledo police detective recognized the vehicle as one that was used by Riley. The vehicle was towed from Riley’s mother’s house and Oregon police executed a state search warrant. Inside the vehicle they recovered gloves, a hat, a face mask and Friday the 13th-style mask consistent with what the burglars on the store surveillance footage were wearing. Whitaker was arrested on an outstanding warrant and also found to be wearing a sweatshirt consistent with what one of the burglars was wearing. A search of cell tower records indicates both Riley and Whitaker’s phones connected with a cell tower within one mile of the firearms store around the time of the burglary.

Targeted Enforcement

Operation We R CLE: The office was among several local, state and federal partners that participated in “Operation We R CLE.”  The operation took place from April 23 through June 29 of 2018 and netted nearly 400 felony arrests, 66 recovered firearms, numerous narcotics seizures and over $300,000 in U.S. currency. Homicides in Cleveland dropped dramatically in May 2018.

Operation RAVEN: Operation Repeat and Violent Offender Enforcement pairs Cleveland Police with members of the FBI, Ohio Adult Parole Authority and others to identity career criminals. This year is has resulted in more than 130 felony arrests and more than 80 weapons seized. Fifteen of those have been accepted for federal prosecution.

Straw Purchasers

U.S. v. Ligon: Marshyia S. Ligon, 20, of Cleveland, was indicted on one count of making a false statement in the acquisition of a firearm for making a straw purchase from a gun store in Eastlake of a rifle that was later used in the attempted robbery of a credit union. Ligon made false statements on Oct. 4, 2017 when she purchased a Smith & Wesson M&P 15, 556 caliber rifle bearing the serial number TH11301 from Sherwin Shooting Sports, 33140 Vine Street in Eastlake. Ligon falsely stated she was the actual buyer of the rifle when, in fact, she was not the actual buyer of the firearms, according to the indictment. The firearm was recovered one week later at the Willoughby Eastlake Schools Credit Union, where it was used in an attempt to rob the credit union.

U.S. v. Spencer: Tyla Spencer, 22, of Cleveland, was sentenced to three months in prison A Cleveland woman was sentenced to three months in prison for making a straw purchase of two firearms that were purchased with money from a robbery and used in additional violent crimes. Spencer went on January 2, 2018, to the Cleveland Armory in Valley View with Lashawn Davis and a juvenile. Spencer bought them a Glock 9 mm and Glock .40-caliber handgun with cash that Davis and the juvenile got from robbing a check-cashing store in Cleveland the day before. Spencer falsely stated she was the true buyer of the firearms when, in fact, she was purchasing the firearms on behalf of the males. Davis and the juvenile then used the firearms in a bank robbery and carjacking in February, according to court documents and statements in court.

U.S. v. Derubba: Two people from Warren were named in a nine-count federal indictment for their roles in the straw purchase of firearms. Constance Derubba, 76, and Allen Reynolds, Jr., 35, were each indicted on four counts of making false statements during the purchase of a firearm. Reynolds also faces five additional counts of being a felon in possession of a firearm. On four different occasions, Derubba knowingly made false and fictitious statements in relation to the purchase of firearms. She was counseled, aided and abetted by Reynolds in these purchases. She falsely stated she was the purchaser of the firearm when, in fact, she was purchasing the firearms for Reynolds, according to the indictment. Reynolds at various points possessed a Smith & Wesson 5.56-caliber rifle, a Glock .40-caliber pistol, another Glock .40-caliber pistol, a North American Arms .22-caliber revolver, and another Smith & Wesson 5.56-caliber rifle, despite a previous conviction for possession of cocaine, according to the indictment.

Carjackings

U.S. v. Coats: Cody M. Coats, 25, of Cleveland, was sentenced to 16 years in for firing a shotgun during a carjacking in Euclid. Coats used an Ithaca short-barreled shotgun when he carjacked someone and stole their 2005 Chrysler Crossfire outside a Euclid bar on Aug. 14, 2017. He crashed the car on East 222nd Street near Lakeshore Boulevard following a police chase and was arrested, according to court documents.

U.S. v. Mack: An Elyria man who stabbed a woman during a carjacking was sentenced to 10 years in federal prison. Johnny G. Mack III, 39, previously pleaded guilty to carjacking. Mack forced a woman out of her 2016 Nissan Altima while she was at a gas station on December 12, 2018. He pulled a knife and threatened to stab the driver as he pushed her into her car. Mack stabbed the victim, causing small puncture wounds to her legs, stomach and hands, according to court documents.

U.S. v. Davis: Lashawn Davis, 18, of East Cleveland, was indicted for a carjacking in Cleveland Heights and an armed bank robbery in Richmond Heights. Davis brandished a firearm on Feb. 4 when he took a 2016 Hyundai Elantra from someone on Coventry Road in Cleveland Heights. He also brandished a firearm on Feb. 17 when he robbed the Dollar Bank on Wilson Mills Road in Richmond Heights, according to the indictment.

Narcotics Trafficking

U.S. v Blackshaw: Five people were charged in federal court after they were arrested with nearly 20 pounds of cocaine, fentanyl and approximately $1 million. Kenneth Blackshaw, 53, of Cleveland; Jorge Alberto Barrera, 43, of Mexico; Jorge Alberto Barrera Gutierrez Jr., 24, of Fresno, California; Miguel Angel Marquez, 44, of Fresno, California, and Donald Earl Knighten 43, of Bedford, were each charged in federal court with conspiracy to possess with intent to distribute narcotics. Blackshaw, Barrera, Gutierrez, Marquez and Knighten were arrested on June 15 at 1538 Addison Road in Cleveland. DEA agents searched the house and found nine individually wrapped bundles of cocaine, as well as 32 bundles of cash. A second search warrant was served at Blackshaw’s home on East 85th Street with nearly 200 grams of suspected fentanyl and approximately 595 grams of marijuana recovered.

U.S. v. Wells: Twenty people were indicted in federal court for their roles in a conspiracy to obtain large amounts of heroin, fentanyl and fentanyl analogues and sell the drugs to customers on the west side of Cleveland. Named in the 27-count indictment are: Alquin Wells, 37, of Sheffield Lake; Ronelle Davis, 28, of Sheffield Lake; Malcolm Collins, 46; Travon Gales, 24, of Maple Heights; Ronnie Edgell, 54; Lashaun Moncrief, 36; Matthew Kucera, 46; Amber Moore, 35, of Parma; Gloria Hrdy, 29; Patricia Truman, 28; Molly Medlik, 24; Cody Ray Lee, 25; Lisa Goforth, 27; Shaunna Collier, 23; Virginia May, 37; Tamie Seitz, 49; John Dickson, 39, of Brunswick; Elizabeth Gallagher, 30; Bobbi Boylan, 34, and Imani Nicholson, 23, of Sheffield Village. All are from Cleveland unless otherwise noted. All 20 are indicted on one count of conspiracy to distribute and possess with intent to distribute heroin, fentanyl and fentanyl analogues.

U.S. v. Sanders: Six Akron men were sentenced to federal prison for their roles in a conspiracy to bring more than 200 pounds of methamphetamine from California and sell it in the Akron area. Ugunda Sanders, 46, was convicted following trial and was sentenced more than 15 years in prison. Rashaad M. Thomas, 41, was sentenced to more than 14 years in prison. Michael E. Davis, 49; was sentenced to more than 10 years in prison. James E. Sanders, 52, was sentenced to 10 years in prison; Christopher J. Proctor, 51, was sentenced to more than three years in prison and Reuben Simmons, 32, was sentenced to less than three years in prison. All five previously pleaded guilty to their crimes related to methamphetamine distribution. Members of the conspiracy traveled between Cleveland and Los Angeles to obtain large amounts of methamphetamine, which they distributed in the Akron area, according to court documents.

U.S. v. McBeth: Three men from Northwest Ohio were indicted on drug conspiracy charges stemming from an investigation that resulted in the seizure of more than four pounds of cocaine, 20 firearms, three vehicles and more than $1.8 million in cash. Brooke McBeth, 39, Montrel Jackson, 34, both of Toledo, and Tyson Reed, 43, of Fostoria, were each indicted on one count of conspiracy to possess with intent to distribute cocaine.

Firearms in Furtherance of Drug Trafficking

U.S. v. Stewart: Two men with prior homicide convictions were sentenced to prison for firearms and drug trafficking charges crimes. Maurice A. Stewart, 42, was sentenced to more than 18 years in prison. A jury previously convicted him of drug trafficking, possession of a firearm in furtherance of a drug trafficking and being a felon in possession of firearms. William W. Moore, 38, was sentenced to 63 months in prison. He previously pleaded guilty to drug and firearms charges. A third man, Jason E. Cousins, 47, was sentenced to 73 months in prison. Cousins was found guilty of a firearm offense following a trial. According to court documents and evidence presented in court: U.S. Marshals were searching for Moore, who was wanted on drug and firearms warrants out of West Virginia, when they tracked him to a home in Canton. A search of the home resulted in the recovery of nearly eight pounds of methamphetamine, cocaine, crack cocaine, $10,904 in cash, two loaded handguns, a Mossberg 12 gauge shotgun, an AR-15 rifle and body armor. The evidence at trial connected all three men to items recovered at the residence. Moore was prohibited from possessing a firearm because of a previous conviction for murder. Stewart was prohibited from possessing a firearm because of a previous conviction involuntary manslaughter. Cousins was prohibited from possessing a firearm because of previous convictions for possession of cocaine and carrying a concealed weapon.

U.S. v. Hall: Two Cleveland men with a history of using firearms to commit crimes were indicted in federal court for their roles in a conspiracy to traffic fentanyl, heroin, cocaine and other drugs, as well as additional firearms crimes. Clayton Hall, 39, and Gregory D. Franklin, II, 42, were each indicted on one count of conspiracy to possess with intent to distribute controlled substances, and additional drug charges. Franklin is additionally charges with possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm and ammunition. Hall and Franklin conspired together between February 2019 and April 30, 2019 to distribute 100 grams or more of a mixture of heroin and fentanyl analogues, as well as 500 grams or more of cocaine. Hall possessed with intent to distribute fentanyl, heroin, cocaine and crack cocaine at various times in 2018 and 2019. Franklin possessed with intent to distribute fentanyl analogues and cocaine on April 30, 2019. He also possessed a Taurus 9 mm semi-automatic pistol and 21 rounds of 9 mm that he used as part of his drug trafficking and despite a previous conviction for drug trafficking with a firearms specification, according to the indictment. Hall was previously convicted of kidnapping with a firearm and aggravated burglary with a firearm, according to the indictment.

U.S. v. Martin: A Cleveland man was sentenced to 30 years in prison for using a firearm while trafficking fentanyl, heroin and cocaine. Kernice Martin, 42, was sentenced to 360 months in federal prison. A jury found Martin guilty in April of four charges: possession with intent to distribute heroin and fentanyl; possession with intent to distribute cocaine; possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm and ammunition. Martin was pulled over by Cleveland police for a traffic stop on June 15, 2018 and found to have 0.79 grams of a mixture of fentanyl and heroin, 8.41 grams of cocaine, a Taurus .40-caliber handgun and ammunition. Martin was prohibited from possessing firearms because of three previous convictions for drug trafficking and one previous conviction for drug possession, according to court documents.

Building Capacity

Strike Force: The City of Cleveland this summer approved financing clearing the way to break ground shortly on a building to house the Cleveland Strike Force, which will bring together more than 200 local police, federal agents and prosecutors to work side-by-side to strengthen public safety.  The strike force’s mission will be to disrupt and dismantle major criminal organizations and their subsidiaries trafficking narcotics, weapons, humans and the proceeds of their crimes.  Cooperative investigations will be focused on dissolving these organizations, their financial infrastructure, and the violence that accompanies their activities.

Public Safety Partnership: Both Toledo and Cleveland have been selected to participate in the Justice Department’s National Public Safety Partnerships program. This Justice Department program is a three-year engagement that seeks to leverage department assets in support of a local jurisdictions' commitment to drive down violent crime. DOJ works collaboratively with the police departments to provide training and technical assistance in areas such as crime analytics, emerging technology and community engagement.  Since 2017, the Justice Department has directed nearly $14.9 million in customized training and technical assistance to help build crime fighting capacity in PSP sites, including $6.6 million to support the FY 2019 sites through FY 2022.  PSP seeks to bring law enforcement stakeholders together to work collaboratively in reducing violent crime attributed to felonious firearm use, drug trafficking and human trafficking.

Community Partnerships

STANCE: Stand Together Against Neighborhood Crime Everyday was established in 2006, after Cleveland was one of six cities across the nation selected as a pilot program for a comprehensive anti-gang initiative. It consists of more than 40 representatives, including public officials, community leaders, educators, public safety and law enforcement, juvenile justice officials and, foundations, faith-based organizations and members of the private sector. The program targets specific high-risk neighborhoods in Cleveland by focusing on prevention, enforcement and re-entry initiatives. Strategies include promoting community-wide solutions to preventing gang violence, helping ex-offenders transition into productive community members and creating partnerships among law enforcement and other agencies to implement data-driven strategies to investigate and prosecute violent gang activity. STANCE and the U.S. Attorney’s Office is working in greater collaboration with the City of Cleveland’s Office of Prevention, Intervention and Opportunity. The city will play an even greater role in prevention efforts with the installation of social workers at the city’s 22 recreation centers to identify children with signs of trauma and connect them to services.

Working with youth: Members of office volunteer at the Boys and Girls Clubs, coach the mock trial team at Martin Luther King High School, teach the 3Rs program in the Cleveland Municipal School District, are in the process of establishing a volunteering and mentoring program with John Adams High School, and many other volunteer activities.

A Parma man was indicted in federal court for allegedly robbing three banks.

Joseph Buk, 37, was indicted on three counts of bank robbery.

Buk allegedly robbed the Huntington Bank on Royalton Road in Broadview Heights on September 19, the Huntington Bank on Lorain Road in Fairview Park on September 24 and the Citizen’s Bank in Bath Township on September 27, according to the indictment.

If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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 FBI, Broadview Heights Police Department, Fairview Park Police Department and Bath Township Police Department investigated the case, which is being prosecuted by Assistant U.S. Attorneys Margaret Kane and Ranya Elzein.

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

A federal jury in Akron convicted a South Carolina man of kidnapping after he sexually assaulted a woman and held her against her will.

Anthony Ingram, 32, is scheduled to be sentenced February 27, 2019.

According to court documents and trial testimony:

Ingram drove a semi-trailer. In Michigan, Ingram lured the woman into his commercial semi-truck by offering her a ride to Indiana. Ingram instead began driving the woman in the opposite direction toward Maryland.

When the woman discovered that Ingram was not taking her to Indiana, Ingram promised the woman he would take her to Indiana after delivering a shipment of goods to Maryland. Ingram then pulled his semi-truck off to the side of the turnpike in Hudson, Ohio, and sexually assaulted her while threatening her with a weapon.  

The woman convinced Ingram to stop at a truck stop in Lima, Ohio where she escaped from Ingram and called 911 from a restaurant.  Beaver Township police officers responded to the scene and Ingram fled in his semi truck.

GPS records showed that Ingram stopped 15 miles down the road. FBI and Ohio State Highway investigators eventually found the woman’s clothing and cell phone discarded next to the turnpike at the location Ingram stopped. 

“This case is an example of law enforcement working together to hold accountable a defendant who lured a woman with lies and then assaulted her and held her against her will,” U.S. Attorney Justin Herdman said. “This man is looking at decades in prison, which is exactly where he belongs.”

The FBI, Ohio State Highway Patrol, Pennsylvania State Highway Patrol and Beaver Township Police Department investigated the case, with assistance from the Summit County Prosecutor’s Office. It is being prosecuted by Assistant U.S. Attorney Peter Daly and Aaron Howell.

 

A Campbell man was indicted for allegedly failing to register as a sex offender.

Paul Douglas Scott, 53, knowingly failed to register and update a registration as required by the Sex Offender Registration and Notification Act  and a sex offender by reason of a conviction in Pinellas County Florida, in December 1999, according to the indictment.

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 United States Marshall Service investigated the case, which is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.

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.

An Ashtabula man was indicted on methamphetamine charges.

Dominic C. Landolfi, 37, was indicted on one count of possession with intent to distribute controlled substances. He possessed at least 50 grams of methamphetamine on September 5, 2018, with the purpose of distributing the drugs, according to the indictment.

In an otherwise unrelated case, a Colorado man was also indicted on methamphetamine charges.

Michael A. Pritchard, 45, of Peyton, Colorado, was indicted on one count of possession with intent to distribute controlled substances. He possessed at least 50 grams of methamphetamine on July 29, 2019, with the purpose of distributing the drugs, according to the indictment.

If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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 Drug Enforcement Administration investigated both cases, which are being prosecuted by Assistant U.S. Attorney Segev Phillips.           

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

An additional 22 people, most from Toledo, were indicted for their roles in a conspiracy to traffic large amounts of heroin, cocaine and fentanyl in Northwest Ohio.

The 22 people indicted are charged in a superseding indictment unsealed today in U.S. District Court in Toledo. Nine people were previously indicted in May.

Named in the 82-count indictment are: Pedro Negrin, 60, Santino Montoya, 26, Aurelio Seoane-Armada, 60, Jamel Gaines, 31, Corey Goings, 48, Nathaniel Houle, Jr., 23, Korey Parker, 29, Esteban Camejo, 29, Matthew Dale, 30, Kevin Downer, Jr., 23, Emilio Garcia, 25, Roberto Gomez, 26, Jason Hill, 25, Stephon Holcomb, 35, Roy Jackson, Jr., 25, Kelley Lee, 47, Lynna Lopez, 32, Vicente Lopez, Jr., 29, Odell McGee, 35, Anthony McRae, Jr., 24, Todd Miller, 47, Jameer Pratt, 24, Monica Patrick, 28, and Tim Wyse, 56, all of Toledo; Francisco Cabrera-Hernandez, 35, of Casa Grande, Arizona; Luis Perez-Rodriguez, 32, of Phoenix; Keimond Brown, 37, of Maricopa, Arizona; Brittany Loya, 23, of Perrysburg, Ohio; Tony Nichols, 48, of Northwood, Ohio; Jennifer Thomas, 53, of Laveen, Arizona, and Shane Ybarra, Sr., 35, of Walbridge, Ohio.

All 31 defendants are charged with one count of conspiracy to possess with intent to distribute at least one kilogram of heroin, five kilograms of cocaine, 280 grams of crack cocaine and 400 grams of fentanyl.

Additional charges include being a felon in possession of a firearm, maintaining drug-involved premises, interstate travel and transportation in aid of racketeering enterprises, making false statements and use of a communications facility to facilitate a drug conspiracy.

According to the indictment:

Negrin allegedly obtained heroin, cocaine and fentanyl from various suppliers, including Hernandez and Rodriguez, in Mexico, Arizona, Florida and Michigan. Hernandez used motor vehicles with special secret “trap” compartments to transport the drugs from Arizona to Ohio.

Negrin then allegedly distributed the drugs to numerous other suppliers, including Montaya, Gaines, Camejo, Holcomb, Lee, Wyse and Ybarra. Those suppliers, in turn, distributed the narcotics to other drug dealers.

Members of the conspiracy used several different residences in the Toledo area to store, package and distribute the narcotics and subsequent cash.

Prosecutors are seeking to forfeit more than $400,000 in cash and several firearms seized as part of the investigation.

U.S. Attorney Justin Herdman said: “This group brought deadly fentanyl, heroin and cocaine to Toledo from Mexico and other states. Not surprisingly, firearms and large amounts of cash were seized as part of this investigation. We will use every tool available to us to prosecute those who import and sell the drugs killing our neighbors, and who illegally have firearms as part of their operation.”

“A multi-year, multi-agency investigation has resulted in the seizure of hundreds of thousands of dollars in cash, numerous weapons and large loads of dangerous, illegal drugs,” said FBI Special Agent in Charge Eric Smith. “This collaborative law enforcement effort has dismantled a large-scale drug trafficking organization that has brought danger to our community for years. These individuals will now face the justice system and be held accountable for their numerous crimes. Thanks to the community and our law enforcement partners -- a job well done.”

“Today’s operation is the culmination of a multi-year organized crime drug trafficking investigation by local, state, and federal law enforcement partners” said Toledo Police George Kral. “I am proud of all the detectives, deputies, and special agents involved in this investigation – especially members of the Toledo Metro Drug Task Force. It is because of their work the Negrin drug trafficking organization has been effectively dismantled.”

If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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 Federal Bureau of Investigation and Toledo Metro Drug Task Force investigated the case. It is being prosecuted by Assistant U.S. Attorneys Alissa M. Sterling and Matthew D. Simko.           

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

A Fulton County man was indicted for allegedly attempting to coerce a 15-year-old girl into sexual conduct.

Kyle Brackman, 25, of Delta, Ohio, was indicted on one count of coercion and enticement of a minor.

According to court documents:

A high school principal in Iowa contacted local police in 2017 after learning a 15-year-old student was communicating with Brackman and the messages were sexual in nature.

Brackman sent the juvenile four images of his genitals and solicited a video from the girl, according to court documents.

Brackman was arrested on July 28, 2019 after officers responded to reports of a male making sexually suggestive remarks and gestures to a 10-year-old girl and a 13-year-old girl, according to court documents

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 Federal Bureau of Investigation investigated the case, which is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman. 

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

 

The National Prescription Drug Take Back Day initiative continues to remove ever-higher amounts of opioids and other medicines from the nation’s homes, where they are vulnerable to misuse, theft or abuse by family members and visitors, including children and teens.

DEA and its national, tribal and community partners will hold National Prescription Drug Take Back Day across the country on Saturday, October 26. The service is free and anonymous.

Vaping cartridges will now be accepted as part of the event.

Now in its ninth year, DEA has collected a total of nearly 11 million pounds (more than 5,400 tons) of expired, unused and unwanted prescription medications through its Take Back Day events. During the April 2019 event, they collected nearly 940,000 pounds of prescription drugs -- more than twice the weight of the Statue of Liberty.

DEA and its community partners set up drop off sites across the nation where individuals turned in their unused, unneeded or expired prescription medications, as well as vaping cartridges. This weekend, approximately 6,000 collection sites manned by nearly 5,000 partner law enforcement agencies will be open 10 a.m. to 2 p.m. local time. The public can find a nearby collection site at www.DEATakeBack.com or by calling 800-882-9539. (DEA cannot accept liquids, needles or sharps.)

“I encourage everyone to go into their medicine cabinets this Saturday and safely dispose of their leftover pills and medication,” U.S. Attorney Justin Herdman said. “We know of far too many heartbreaking stories of addiction that begin with someone abusing or misusing prescription medication. Drug Take Back Day is a way for everyone to get involved in combating this drug epidemic that has devastated so many families here in Ohio.”

Rates of prescription drug abuse in the United States continue to be alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. The majority of prescription drug abusers say they get their drugs free from friends and family, including from the home medicine cabinet. Take Back Day is a unique opportunity for Americans to protect their homes and medicine cabinets from theft and abuse.

An Akron man was indicted today in federal court for dealing fentanyl and heroin.

Weston D. McDaniels, 34, was indicted on one count each of possession with intent to distribute fentanyl and of possession with intent to distribute heroin.

McDaniels possessed 300 grams or more of heroin and fentanyl on September 13 that was purchased in for distribution elsewhere, according to the indictment.

The Greater Akron Area Safe Streets Task Force, the Akron Police Department, Ohio State Highway Patrol and the Federal Bureau of Investigation investigated the case. It is being prosecuted by Assistant U.S. Attorney Damoun Delaviz.

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

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.

 

A Hubbard man was indicted in federal court for allegedly falsely representing he was the leader of a military booster club that did not exist and soliciting gifts from businesses, some of which he kept for himself.

Timothy McKenna, 58, was indicted on six counts of mail fraud.

“This man allegedly took advantage of the good will area businesses have toward the men and women who protect us and used it to enrich himself,” U.S. Attorney Justin Herdman said.

McKenna, from 2009 through November 4, 2017, mailed letters on Air Force letterhead soliciting donations from various businesses on behalf of the Youngstown Air Reserve Station, 910th Operations Group Booster Club. The club did not exist, according to the indictment.

McKenna falsely represented that the gifts would be given away as prizes at a Christmas Ball to service members who had been deployed all year and provided vital support operations at the base. Instead, McKenna allegedly kept some of the gifts for himself, according to the indictment.

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 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 U.S. Air Force Office of Special Investigations investigated the case, which is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.

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.

A federal jury convicted a Cleveland man for his role in the armed robberies of credit unions in Shaker Heights and Willoughby on the same day.

Richode Meredith-Hill, 21, is scheduled to be sentenced January 10, 2020. A jury convicted him on two counts of armed robbery and two counts of using a firearm during a crime of violence.

Meredith-Hill attempted to rob the Buckeye State Credit Union on Chagrin Boulevard in Shaker Heights and robbed the Cardinal Community Credit Union on Euclid Avenue in Willoughby. Both took place on April 3, 2017, according to trial testimony.

Meredith-Hill aided and abetted another who used a firearm during these crimes of violence, according to the indictment.

This case is being prosecuted as part of "Project Safe Neighborhoods," a gun violence reduction program administered by the Department of Justice, U.S. Attorney's Office for the Northern District of Ohio.  The program targets armed criminals for federal prosecution.     

This case was investigated by the FBI and police departments in Cleveland, Shaker Heights, Euclid, Willoughby and Wickliffe. It is being prosecuted by Assistant U.S. Attorneys Scott Zarzycki and Kathryn Andrachick.

An Eastlake man was indicted in federal court of child pornography charges.

Craig A. White, 40, was indicted on one count of receipt and distribution of child pornography and one count of possession of child pornography.

The indictment charges that from on or about July 3, 2017 through on or about March 6, 2019, , White received and distributed files contained visual depictions of real minors engaged in sexually explicit conduct. The indictment also charges that on June 10, 2019, White possessed a computer tower with several internal and external hard drives that contained child pornography.

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

This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik following an investigation by the Federal Bureau of Investigation Child Exploitation Task Force.

A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

 

An Akron man was indicted on firearms and drug charges.

Otis McDay, 44, was indicted on one count each of possession with intent to distribute cocaine,, being a felon in possession of a firearm and ammunition, possession of a firearm in furtherance of drug trafficking, and possession with intent to distribute marijuana and being a felon in possession of ammunition.

McDay possessed marijuana, a Glock 9mm pistol and ammunition on August 28, 2019, despite previous felony drug trafficking convictions, according to the indictment.

McDay possessed cocaine and multiple rounds of ammunition on September 10, 2019, despite previous felony drug trafficking convictions, according to the indictment.

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 FBI, Akron Police Department and Ohio State Highway Patrol.  The case is being prosecuted by Assistant U.S. Attorney Peter E. Daly.

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.

Several community partners this month unveiled a campaign designed to raise awareness around the fact that cocaine is likely contaminated with fentanyl and potentially fatal.

The ad campaign features images of everyday food items such as bottled water, pretzels, donuts and trail mix with the wording: “If these contain fentanyl, would you eat them? They don’t. Your cocaine might.”

The billboard then directs people to a website, which contains links to numerous websites and partner agencies offering treatment services, additional information about addiction, and other resources.

The campaign comes as Cuyahoga County is experiencing a record number of overdose deaths involving cocaine, either on its own or mixed with fentanyl. So far in 2019, nearly 60 percent of overdose deaths in Cuyahoga County are associated with cocaine, either as a stand-alone narcotic or mixed with fentanyl. Investigators believe many of the people dying are not addicted to opioids, but rather cocaine users who do not realize the cocaine they ingest includes fentanyl.

The ad campaign was developed pro bono by Marcus Thomas, an award-winning Cleveland-based marketing communications agency. The client is Greater Than Heroin, a group that includes several diverse stakeholders seeking comprehensive solutions to the opioid epidemic. The U.S. Attorney’s Office for the Northern District of Ohio provided funding to pay for the billboards and digital advertising campaign. Cuyahoga County Executive Armond Budish’s office, as well as Aaron Marks, who chairs the U.S. Attorney’s Office’s Heroin and Opioid Task Force’s Education and Prevention Committee, were also involved in developing the campaign.

 “Nobody should be using drugs like cocaine or heroin. Our office has filed a record number of drug indictments against the people who seek to profit from this epidemic,” said U.S. Attorney Justin Herdman. “Yet we have to acknowledge the opioid crisis has set its sights on a new group of victims, those who use cocaine, with absolutely no idea that what they are about to take contains a deadly painkiller like fentanyl. Making the mistake of using cocaine should not result in a death sentence.”

Fr. Bob Stec, who leads Greater Than Heroin, said: “This crisis is so real and so large that it’s going to take all of us working together to bring the awareness, help, hope and care to end this epidemic and make sure everyone finds the help and support they need.   This awareness campaign is one example of the blessing of so many working together for the good of our community.   Understanding and awareness are key in our efforts to end this crisis and build a stronger, more caring community.”

The campaign includes digital and static billboards at more than a dozen locations in Cleveland, as well as digital ads that will run on Facebook and Youtube. The campaign will run through the end of 2019.

Digital Locations:

• West 3 WS 150ft S/O St Clair Ave F/S
• Ontario St WS 500ft N/O Carnegie Av F/N
• East 14 St ES 380ft S/O Prospect Av F/S
• Carnegie Av NS 200ft W/O East 46th F/W
• Carnegie Av SS 200ft W/O East 14 St F/E
• Lorain Av NS 950ft E/O West 25 St F/E

 

Static Locations:

• I-71 NS 800ft S/O Denison Av F/W
• Prospect Av NS 200ft W/O East 21 St F/E
• I-90 SS 0.3 mi E/O Martin Luther King Drive F/E
• West Shoreway SS 10ft W/O West 28 St F/E
• Old River Rd ES 600ft S/O Main Av F/S
• I-77 ES 1MI N/O I-480 F/N
• I-90 NS 0.5mi E/O Bunts Rd F/E
• East 9 St ES 100ft S/O Carnegie Av F/N

A Toledo man was charged in federal court after law enforcement officials seized nearly 10 kilograms of what is believed to be fentanyl.

Robert Escobar, 49, was charged in federal court with one count of possession with intent to distribute fentanyl.

According to an affidavit filed in federal court:

DEA agents used a confidential source to make numerous drug purchases from Escobar between March and October 2019. The drugs were tested and found to be mixtures of heroin and/or fentanyl.

During a buy from Escobar’s residence on Westmonte Road in Toledo in October, Escobar stated he has two different kinds of heroin: “XXX” and “Maserati”. Escobar then traveled to a house on North Michigan Street and returned with drugs, that he sold. The drugs were tested and returned results for fentanyl and a fentanyl analogue.

A search warrant was executed on the house on North Michigan Street on October 8. Agents found ten packages in the attic area which weighed approximately 9,615 grams. Three of the packages were marked “Maserati” while other packages were marked “XXX”. The contents of the packages will be tested, according to the complaint.

“This is believed to be the largest seizure of fentanyl in the Toledo area,” U.S. Attorney Justin Herdman said. “This defendant is accused of branding deadly narcotics with names like ‘XXX’ and ‘Maserati.’ The idea that more than 20 pounds of this deadly substance was being sold in a residential neighborhood is both infuriating and terrifying. I applaud the Drug Enforcement Administration, the Perrysburg Township Police Department, Ohio State Highway Patrol, Wauseon Police Department, Sylvania Police Department, BCI, Sandusky Police, CBP and Toledo Police Department for this action – they have undoubtedly saved many lives today.”

“Our communities have been plagued by fentanyl-related overdose deaths for far too long and bringing charges against a major distributor like this will save lives,” said DEA Special Agent in Charge Keith Martin. “We will continue to work with our local law enforcement partners to get drug dealers out of our communities and brought to justice.”

The DEA Toledo Task Force investigated the case. The Task Force includes representatives of the DEA, Perrysburg Township Police, Ohio State Highway Patrol, Wauseon Police Department, Sylvania Police Department, Ohio Bureau of Criminal Investigation and the Sandusky Police Department and the U.S. Customs and Border Protection. The Toledo Police Department SWAT team also assisted. The case is being prosecuted by Assistant U.S. Attorneys Ashley A. Futrell and Alissa M. Sterling.

If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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.

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

A Cleveland man pleaded guilty to selling drugs that resulted in a fatal overdose of a man inside a hotel in downtown Cleveland last year.

Terry Lee Christian, 36, was indicted Wednesday on one count of distribution of controlled substances, which included a sentencing enhancement for causing death. He is scheduled to be sentenced January 17, 2020.

Christian admitted to causing the death of a person identified in court papers as S.K. on July 13.

“This case demonstrates yet again that there are no safe street drugs, and the drug dealers who sell them, like this defendant, are focused only on their own interests,” U.S. Attorney Justin Herdman said. “By all accounts, the victim in this case believed he was buying cocaine, not fentanyl. People should assume that the cocaine they are buying on the street contains fentanyl and can kill them, even in small doses. Unfortunately the victim in this case is just one of hundreds who have died from cocaine and fentanyl mixes in Cuyahoga County since last year.”

 “This case highlights the collaboration between the Cleveland Division of Police Heroin Death Investigators, the Drug Enforcement Administration, the Cuyahoga County Regional Forensic Science Laboratory and the Northern Ohio United States District Attorney’s Office,” said Cleveland Police Chief Calvin D. Williams. “The indictment of Mr. Christian should serve as an example to those trafficking in these dangerous and deadly narcotics.  Through thorough investigations and the efforts of the attorneys who prosecute the cases, these criminals can be held accountable at the highest level.”

DEA Special Agent in Charge Keith Martin said: “This death underscores the seriousness of the opioid crisis plaguing northern Ohio and the need for dedicated collaboration from law enforcement. The DEA, Cleveland Division of Police and the United States Attorney’s Office will continue to expend our time, energy and resources in an effort to stem the tide against this epidemic.”

Members of the Cleveland Division of Police’s Heroin Involved Death Investigations Unit responded to a drug overdose at a hotel room in Cleveland on July 14, 2018. Officers observed a bag of suspected cocaine on the dresser and suspected cocaine residue on the dresser and bathroom vanity, according to an affidavit filed in the case.

The narcotics were tested and found to be a mixture of heroin, cocaine and fentanyl. The packaging material was tested and DNA found on the package matched Christian, according to the affidavit.

A review of the victim’s phone and other evidence revealed the man who overdosed met with Christian on July 13 and several calls between them on that day. Shortly after the calls and meeting, the man who overdosed made a hand-to-hand transaction with someone in a minivan, according to the affidavit.

The Cleveland Division of Police and Drug Enforcement Administration investigated the case. Assistant U.S. Attorneys Vasile Katsaros and Kathryn Andrachik are prosecuting the case.

Six people from Ohio pleaded guilty in federal court to crimes related to a health care fraud conspiracy in which Medicaid was billed $48 million for drug and alcohol recovery services, many of which were not provided, not medically necessary, lacked proper documentation, or had other issues that made them ineligible for reimbursement.

Ryan P. Sheridan, 39, of Leetonia; Jennifer M. Sheridan, 41, of Austintown; Kortney L. Gherardi, 30, of Girard; Lisa M. Pertee, 51, of Sunbury; Thomas Bailey, 45, of Poland, and Arthur H. Smith, 55, of Austintown, are expected to be sentenced in January 2020. All six pleaded guilty to crimes related to their work at Braking Point Recovery Center, which operated drug and alcohol rehabilitation facilities in Austintown and Whitehall, Ohio.

According to the 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, various 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 Bailey dispensing of Suboxone even though Bailey 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.

The Sheridans, Gherardi, Pertee, Bailey and Smith 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.

The Sheridans, Gherardi and Bailey used Smith’s DEA data waiver license to dispense more than 3,000 doses of Suboxone in 2017 alone without Smith having seen the patients. Smith held himself out to be Braking Point’s medical director but only went to Braking Point approximately twice a month.

Ryan Sheridan made numerous financial transactions involving money derived from unlawful activities, including health care fraud and conspiracy to commit health care fraud.

Prosecutors are also seeking for 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.”

“Patients trust that providers of medical services are putting their best interests at heart and are not using them as pawns for profit” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “That trust was cast aside by these defendants as exhibited by their guilty pleas. The OIG will continue to work with our federal, state and local partners to ensure that those who commit criminal acts to unjustly enrich themselves at patient and taxpayer expense are held accountable”.

“These guilty pleas clearly indicate these individuals intended to fraudulently bill and deceive taxpayers out of millions of dollars,” said FBI Special Agent in Charge Eric B. Smith. “This should send a strong message to anyone who intends to cheat the system for their own benefit. The FBI and our law enforcement partners are focused on stopping those that commit healthcare fraud.”

“Ryan Sheridan and his co-defendants wreaked havoc on the integrity of our health care system for their own personal gain,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Health care fraud affects every American and today’s announcement illustrates that the IRS and our law enforcement partners are steadfast in our commitment to detecting and dismantling health care fraud schemes and holding perpetrators of these crimes accountable.”

“Health care fraud and the diversion of prescription medications are an increasing threat to our community,” said DEA Special Agent in Charge Keith Martin. “Dishonest and greedy healthcare providers who abuse the system for their own personal gain will not be tolerated and remain a priority for the DEA.”

“The victim here isn’t just the health care system, it’s the people struggling with addiction who needed a beacon of hope but instead found themselves at the center of a shady scheme,” Ohio Attorney General Dave Yost said. “I’m grateful for U.S. Attorney Herdman’s work to secure justice for these victims and their loved ones.”

The U.S. Department of Health and Human Services – Office of Inspector General, Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigations, Drug Enforcement Administration and the Ohio Attorney General’s Medicare Fraud and Corruption Unit investigated this case. It is being prosecuted by Assistant U.S. Attorneys Mark Bennett, Jason Katz and Special Assistant U.S. Attorney Jonathan Metzler.

 

Eight people were indicted in federal court for their roles in a conspiracy to distribute large amounts of heroin, cocaine and fentanyl pills in Northwest Ohio.

Leonardo Espino, 48, of Holland; Peter Martinez, 29, Tony Nichols, 47, Ramon Ochoa, 43 all of Oregon, Ohio; Thomas Espino, 42, Christopher Faust, 36 all of Toledo; Glendon Patrick, 40 of Fremont, Ohio; and Jose Luis Betancourt-Ponce, 46, of Mexico, are all charged with conspiracy to distribute with intent to distribute controlled substances, including fentanyl, heroin and cocaine. Thomas Espino is also charged with possession of firearms in furtherance of a drug trafficking offense.

The Espino drug trafficking organization is allegedly responsible for multi-kilogram shipments of cocaine and heroin as well as tens of thousands of fentanyl pills to Northwest Ohio. The group is also believed to have distributed drugs to New York City, Chicago, and North Carolina, according to court documents.

Leonardo Espino is the alleged head of the organization and coordinates directly with a source of supply for drugs in Mexico. Thomas Espino is the principal party responsible for drug distribution and obtaining payments, which are then returns to suppliers in Mexico. Nichols owns Nichols Automotive at 460 East Broadway, which is the group’s primary meeting place. He also distributed multi-kilogram quantities of cocaine and large amounts of fentanyl pills to others, according to court documents.

Faust distributed heroin in Toledo and also made wire transfers to pay suppliers in Mexico. Martinez distributed cocaine and fentanyl in the Toledo area. Ochoa transported drugs and cash for members of the organization. Patrick distributed pills for the group and transported heroin and cash, according to court documents.

Prosecutors are seeking to forfeit six firearms and ammunition seized from 1619 Albert Street in Toledo, six firearms and ammunition seized from 2649 Hayden Street in Toledo and one firearm and ammunition seized from 460 East Broadway Street in Toledo as part of the investigation, according to court documents.

“This group is responsible for bringing large amounts of heroin, cocaine and fentanyl into Northwest Ohio, then shipping the profits back to Mexico,” U.S. Attorney Justin Herdman said. “This is occurring at the same time our neighbors continue to die from overdoses. We will continue to do all we can to choke off the supply of these deadly drugs.”

“This is a significant blow to a major drug trafficking organization operating in the Toledo, Ohio area,” said Special Agent in Charge Keith Martin. “These actions make Toledo and the surrounding community safer by taking a significant amount of drugs off the street and bringing criminals with ties to violent drug trafficking organizations to justice.”

If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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 Drug Enforcement Administration investigated the case. It is being prosecuted by Assistant U.S. Attorneys Thomas P. Weldon and Gene Crawford.                    

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

A Beachwood woman was sentenced to more than 17 years in prison for stealing the identities of more than a dozen people and filing false tax returns.

Aesha Johnson, 42, was convicted by a jury earlier this year on all 29 counts, including conspiracy, wire fraud and aggravated identity theft. She was also ordered to pay $63,708 in restitution.

Her daughter, Brittany Williams, previously pleaded guilty to her role in the conspiracy. She was sentenced to three years of supervised release and $63,708 in restitution

Williams and Johnson, when she was living in West Virginia, conspired together to use stolen identities to file false tax returns with the IRS, seeking tax refunds. Johnson acquired many of these identities through a previous criminal fraud scheme, according to the indictment.

Johnson and Williams used an address associated with the family on East 142nd Street in Cleveland as the address of record for many of the false tax returns. They often communicated with each other using a code that referred to the victims using numbers 1 through 31, and created and used fictitious email accounts in the names of the victims to communicate with the IRS, according to the indictment

Williams filed the false tax returns online, obtained prepaid debit cards in the names of the identity-theft victims and requested the IRS deposit the refunds onto those cards. Williams then withdraw cash or made purchases with the cards, according to the indictment.

“This pair stole people’s identities then used it to steal from taxpayers,” U.S. Attorney Justin Herdman said. “The community is safer with Ms. Johnson behind bars.”

“This sentence is a small victory for the many American taxpayers who have been victims of stolen identity refund fraud schemes,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.  “The defendants demonstrated a blatant disregard for the integrity of the United States tax system and caused immeasurable hardship to innocent victims. IRS-CI will continue to do our part in protecting the sanctity and integrity of the tax system and those individuals whose identities were stolen."

 This case is being prosecuted by Assistant U.S. Attorneys Matthew Cronin and Justin Seabury Gould following an investigation by the IRS. 

Two people from Toledo were indicted in federal court on firearms crimes.

Xavier Zjordonel Tate, 35, was indicted on one count of being a felon in possession of a firearm. Tate allegedly possessed an American Pride AR-15 and 30 rounds of ammunition on September 2, despite a previous conviction for being a felon in possession of a firearm, according to the indictment.

Ivory Deshaun Carter, Jr., 20, was indicted on one count of being a felon in possession of a firearm. Carter allegedly possessed a Romarm/Cugir 7.62x33mm on March 23, despite a previous conviction for carrying concealed weapons, according to the indictment.

The cases are unrelated. They are being prosecuted as part of This case is being prosecuted as part of "Project Safe Neighborhoods," a gun violence reduction program administered by the Department of Justice, U.S. Attorney's Office for the Northern District of Ohio. The program targets armed criminals for federal prosecution. 

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 Toledo Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives and Federal Bureau of Investigation investigated the cases. Assistant U.S. Attorney Matthew D. Simko is handling the cases.

An indictment is only a charge and is not evidence of guilt.  The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.

An Akron man was sentenced to six years in prison for launching denial of service attacks that shut down web sites for the city of Akron and the Akron Police Department.

James Robinson, 33, previously pleaded guilty to damaging protected computers. U.S. District Judge Christopher Boyko also ordered Robinson to pay $668,684 in restitution.

According to court documents filed in the case:

Servers hosting web sites belonging to the city of Akron were victims of an active distributed denial of service (DDoS) attack on Aug. 1, 2017. Two website domains appeared to be the target of the attacks: akronohio.gov and akroncops.org.

The DDoS attack ultimately overwhelmed the web sites with network traffic and rendered them unavailable to users.

A tweet that same day from @AkronPhoenix420 took credit for targeting the Akron web sites, including a link to a youtube video and a screenshot showing akronohio.gov was not accessible. The tweet included hashtags #Anonymous and #TangoDown.

The video showed a static image of an individual in a Guy Fawkes mask making statements including “it’s time we teach the law a lesson,” “Akron PD abuses the law” and “this week the city of Akron experienced system failures on multiple domains including their emergency TCP ports.”

The subsequent investigation identified attacks coming from an Internet connection registered to James Robinson and that Robinson’s phone was associated with the Twitter account @AkronPhoenix420.

@AkronPhoenix420 also claimed credit for many other DDoS attacks including many in 2018 that bore similar characteristics to the Akron attacks. Targets of those attacks web site domains and servers hosted by the Ohio Department of Public Safety, the National Institutes of Health, the Defense Information Security Agency, the Department of Defense, the Department of Treasury and others. Multiple DDoS attacks have been claimed by AkronPhoenix420, including many in 2018.

Law enforcement authorities got a search warrant for Robinson’s house on Edison Avenue in Akron in May 2018. Agents located a Guy Fawkes mask and a cell phone with a cracked screen similar to a phone seen in tweets by @AkronPhoenix420. Robinson stated he was responsible for the DDoS attacks against the Department of Defense, city of Akron and others, according to court documents.

The Federal Bureau of Investigation, Defense Criminal Investigative Services, Akron Police Department, Ohio State Highway Patrol, Department of Health and Human Services and Department of Treasury investigated the case. It was prosecuted by Assistant U.S. Attorneys Om Kakani and Daniel J. Riedl.

The Justice Department recently announced more than $18 million worth of grants to agencies in Northern Ohio that will pay for the citywide expansion of the Cleveland Division of Police’s domestic violence high risk team, improve DNA testing capabilities in several areas, expand drug courts in several cities, allow the Cuyahoga County Prosecutor’s Office to build a database to track violent crime trends, provide transitional housing in Ottawa County and Canton for survivors of sexual assault and domestic violence, and numerous other programs.

“These funds will save lives, whether that is expanding a program that identifies the most dangerous abusers, provides emergency shelter to our most vulnerable victims, allows law enforcement to do a better job tracking and sharing crime data, just to name a few,” U.S. Attorney Justin Herdman said. “These grant awards demonstrate the Justice Department’s commitment to working across the state and country, with jurisdictions large and small, to make our communities safer.”

Below is an incomplete list of grant recipients announced in the past few weeks. Additional grants may be announced in coming days. They are grouped geographically:

NORTHEAST OHIO

The Cuyahoga County Prosecutor’s Office’s Sexual Assault Kit Task Force will receive $3 million from the Justice Department. The money will be used to expand the Task Force’s DNA project, implement genealogy searches of “John Doe” indictments, continue partnership with Case Western Reserve University and the Cleveland Rape Crisis Center and maintain personnel and training.

The Cuyahoga County Common Pleas Court will receive $1 million from the Office of Justice Programs. The money will fund a high-risk domestic violence court.

Cleveland will receive $500,000 from the Office on Violence Against Women. The money will be used to support the expansion of the Domestic Violence High Risk Team program to all police districts, employ two full-time detectives, a full-time victim advocate to be embedded with the police, develop training for law enforcement on trauma, victim engagement and trauma-informed interviewing.

The Cuyahoga County Prosecutor’s Office will receive $360,000 from the Bureau of Justice Assistance. The money will be used to help law enforcement agencies throughout the county to collaborate and build a database that will detect and track violent crime trends to improve information sharing.

The Cuyahoga County Prosecutor’s Office will receive $609,019 from the Office of Juvenile Justice and Delinquency Prevention. The money will be used to support the Internet Crimes Against Children Task Force.

Lake County will receive $270,013 from the National Institute of Justice. The money will pay for a DNA analyst to complete up to 400 cases a year, as well as purchase laboratory automation instrumentation to perform DNA extraction.

The Cuyahoga County Medical Examiner’s Office will receive $339,459 from the National Institute of Justice. The money will be used to fund a DNA forensic scientist, procure supplies, and train staff.

The Cleveland Rape Crisis Center will receive $424,977 from the Office on Violence Against Women. The money will be used to work with the Cleveland Hearing and Speech Center to establish a multidisciplinary team, provide services to individuals with disabilities who are victims of violence and abuse, among other areas.

The Domestic Violence and Child Advocacy Center will receive $550,000 from the Office on Violence Against Women. The Center will work with the Cuyahoga County Domestic Relations Court to provide supervised visitation and safe exchange services. The money will pay for a supervised visitation intake specialist housed at the court, two supervised visitation monitors, a supervised visitation coordinator and contract security services over three years.

Cleveland will receive $750,000 from the Bureau of Justice Assistance. The money will be used to improve responses and outcomes for individuals with mental illness or co-occurring mental illness and substance abuse disorder who come into contact with the justice system.

The following entities will receive money from the Bureau of Justice Assistance to fund drug courts and/or veteran’s treatment courts: Cuyahoga County Common Pleas Court, $439,924; Geauga County, $500,000.

The following cities received money from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs. The cities are: Cleveland, $602,791; Lorain County, $32,410, and Lake County, $24,459.

AKRON/CANTON AREA

Summit County will receive $500,000 from the Office on Violence Against Women. The money will be used to support the Summit County Prosecutor’s Office Domestic Violence Unit Program; centralize prosecution, probation and victim services; and employ additional domestic violence prosecutors, a domestic violence probation officer and a full-time victim advocate.

The Domestic Violence Project, Inc. will receive $310,147 from the Office on Violence Against Women. The money will allow the Canton-based organization to work with several community partners to provide housing and support services to survivors of sexual assault, domestic violence, dating violence or stalking.

Coleman Professional Services in Kent will receive $363,795 from the Office of Victims of Crime. The money is awarded as part of OVC’s Transforming America’s Response to Elder Abuse. The money will be used to increase coordination of services for those meeting the needs of victims and moving cases more successfully through the judicial system.

The following entities will receive money from the Bureau of Justice Assistance to fund drug courts and/or veteran’s treatment courts: Medina County, $500,000, and Summit County, $455,471.

The following cities received money from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs. The cities are:Akron, $125,149, and Canton, $75,633.

NORTHWEST OHIO

Lucas County will receive $775,775 from the Office of Juvenile Justice and Delinquency Prevention. Lucas County will use the money to realign referral requirements to the Community Treatment Center to improve services and balance traditional probation responses with extended incarceration.

Advocates for Basic Legal Equality, Inc. in Toledo will receive $448,222 from the Office of Violent Crime through the Enhancing Community Responses to the Opioid Crisis program. ABLE will provide free, trauma-informed civil legal services for children affected by the opioid crisis, including resolving custody disputes, obtaining civil protection orders and accessing public benefits and health care.

The Mental Health & Recovery Services Board of Lucas County will receive $400,000 from the Bureau of Justice Assistance. The money will be used to improve responses and outcomes for individuals with mental illness or co-occurring mental illness and substance abuse disorder who come into contact with the justice system.

The Hancock County Board of Alcohol, Drug Addiction & Mental Health Services and the Erie County Health Department will each receive $600,000 from the Bureau of Justice Assistance’s Comprehensive Opioid Abuse site-based Program. COAP aims to reduce opioid abuse and the number of overdose fatalities, as well as supporting comprehensive, collaborative initiatives.

Ottawa County Transitional Housing, Inc. will receive $449,823 from the Office on Violence Against Women. The money will be used to allow the Port Clinton-based group to work with community partners to provide to provide housing and support services to survivors of sexual assault, domestic violence, dating violence or stalking, as well as their families.

Legal Aid of Western Ohio, Inc. will receive $425,000 from the Office on Violence Against Women. The money allow Legal Aid to work with community partners to provide accessible, safe and effective services to individuals with disabilities who are victims of domestic violence and abuse.

Bowling Green State University will receive $797,079 from the National Institute of Justice. The money will be used to fund research into criminality trends of 12- to 18-year-olds who resided in Lucas County, to establish the importance of individual and social factors on changes in offending/criminal behavior.

Goodwill Industries of Northwest Ohio will receive $999,974 from the Bureau of Justice Assistance. The grant is part of the Second Chance Act’s Comprehensive Community-Based Adult Reentry Program and will be used to provide individualized transitional reentry services to participants.

Lima will receive $31,351 from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs.

MANSFIELD

Mansfield will receive $250,000 from the National Institute of Justice. The money will be used to reduce any forensic DNA backlog, provide for continuing education training for DNA analysts, and purchase necessary equipment, software and training.

MAHONING VALLEY

Youngstown will receive $181,695 from the Bureau of Justice Assistance to fund drug courts and/or veteran’s treatment courts.

The following cities received money from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs. The cities are: Youngstown, $43,212, and Warren, $21,927.

MARION

Marion will receive $10,995 from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs.

MULTIPLE JURISDICTIONS

The Ohio Office of Criminal Justice Services will receive $259,188 from the Bureau of Justice Assistance. The money is part of the Project Safe Neighborhoods program and will be distributed to police departments in Akron, Canton, Cleveland, Elyria, Lorain, Mansfield, Toledo and Youngstown to help fund initiatives designed to help reduce gun violence.

A Mahoning County man was indicted in federal court for using a firearm while making threats against a Jewish community center in Youngstown.

James P. Reardon, 20, of New Middletown, was indicted in U.S. District Court with one count of transmitting an interstate communication threat and one count of possession of a firearm in furtherance of a crime of violence.

According to the court documents:

New Middletown police contacted the FBI on August 16, 2019, after being made aware of a video posted on Instagram page by user “ira_seamus.” The video depicted Reardon holding an assault rifle. It began with Reardon stating “(expletive) a life.” He then held the rifle in multiple firing positions with audio of gunshots and sound effects of sirens and people screaming added into the background, according to the complaint.

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

New Middletown police officers showed federal agents on August 16, 2019, other videos in which Reardon was depicted, including: a National Geographic documentary in which Reardon was at the "Unite the Right" rally in Charlottesville, Virginia in August 2017 and an Instagram video posted by Reardon in which he discharges two rounds of ammunition into a cover of a video while making a remark about “Jewish media.”

Members of law enforcement executed a search warrant at Reardon’s residence later that day. Upon entering the basement, investigators observed several firearms and clothing articles that were observed in Reardon’s Instagram video postings, including: an MP-40 sub-machine gun like the one depicted in the video; an AR-15 assault rifle; numerous Nazi World War II propaganda posters; a rifle bayonet; a Hitler Youth Knife; and vintage U.S. military equipment, according to the complaint.

Reardon pulled up to the residence while officers were executing the search warrant and was arrested without incident.

“This defendant used a firearm to threaten people who simply want to worship as they choose, as guaranteed by our Constitution,” U.S. Attorney Justin Herdman said. “Law enforcement will not stand by and allow someone to intimidate others with threats of violence.”

"In today's environment, shootings in public places, churches and schools have occurred too often,” said FBI Special Agent in Charge Eric B. Smith. “Law enforcement must react swiftly to threats of violence.  This defendant’s video demonstrated that he had access to weapons and he posed a threat to a Jewish community center.  Law enforcement cannot wait to see if a shooting is going to occur, law enforcement must act quickly within the confines of the law to disrupt any potential violent act.  The public is reminded -- if you see something, say something.” 

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 Federal Bureau of Investigation, the Mahoning Valley Violent Crimes Task Force and the New Middletown Police Department investigated the case. Assistant U.S. Attorneys David Toepfer and Yasmine Makridis are prosecuting the case.

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.

Four people were indicted in federal court for their roles in a conspiracy involving hundreds of pounds of marijuana as well as marijuana vape cartridges.

Named in the five-count indictment are: Robert Berman, 33, of North Hollywood, California; Todd Brown, Jr., 31, of Canton; Dakota Walters, 27, of Lexington, Ohio, and Salim Womack, 25, of Toledo.

All four are charged with conspiracy to possess with intent to distribute controlled substances and  possession with intent to distribute controlled substances. Womack is additionally charged with possessing a firearm with an obliterated serial number.

According to court documents:

Homeland Security Investigations agents on September 3 observed a man, later determined to be Berman, load boxes from a truck to a unit at Life Storage facility on West 130th Street in Cleveland.

Two men, later determined to be Walters and Womack, then loaded several boxes they received from Berman into the bed of their pickup truck. A subsequent search of the truck revealed the 18 boxes containing suspected marijuana vape cartridges. Womack also possessed a Ruger 9 mm pistol with an obliterated serial number, according to court documents.

Berman then met with a man driving a minivan, later determined to be Brown. Brown and Berman made an exchange, and Brown drove away in the minivan and Berman drove off in a Budget rental box truck. Following a stop, investigators recovered approximately nine boxes of suspected marijuana plants from the minivan.

A search of the box truck resulted in the seizure of two bags of cash, totaling approximately $211,755. A search of the storage garage resulted in the seizure of approximately 19 boxes of suspected marijuana, according to court documents.

“Groups like this, who are allegedly trafficking vape cartridges containing the active ingredient in marijuana, clearly pose a threat to the health and safety of our community,” U.S. Attorney Justin Herdman said. “This case also involves lots of cash and a firearm – which we see all too often with drug traffickers.”

"We stand ready to provide evidence that this alleged drug trafficking organization conspired to move hundreds of thousands in cash and drugs throughout northern Ohio," said Vance Callender, special agent in charge of HSI Detroit, which covers Michigan and Ohio. "Many are under the false perception that trafficking in narcotics and taking advantage others is a path to a quick profit, without repercussion. These charges demonstrate the serious consequences that await those who engage in these illegal acts.”

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 Homeland Securities Investigations, with assistance from the Cuyahoga County Sheriff’s Department, investigated this case. Assistant U.S. Attorney Brian Deckert is  prosecuting the case.

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.

Attorney General William P. Barr announced the appointment of the following nine U.S. Attorneys to serve on the Attorney General’s Advisory Committee (AGAC): David Anderson, Northern District of California; Scott Brady, Western District of Pennsylvania; Maria Chapa Lopez, Middle District of Florida; Halsey Frank, District of Maine; Erica MacDonald, District of Minnesota; Christina Nolan, District of Vermont; Zach Terwilliger, Eastern District of Virginia; Tom Kirsch, Northern District of Indiana; and Nicholas Trutanich, District of Nevada.

“I am pleased to appoint these nine outstanding U.S. Attorneys to this key advisory committee. I am confident that they will serve with distinction,” Attorney General William P. Barr said. “The U.S. Attorneys who comprise the Attorney General’s Advisory Committee play a critical role in carrying out the Department of Justice’s important work, including its efforts to reduce violent crime, combat the opioid crisis, protect the most vulnerable, and enforce the rule of law.”

U.S. Attorney Justin Herdman and five other U.S. Attorneys will continue serving on the committee.

“I am honored to continue to serve on the Attorney General’s Advisory Committee,” Herdman said. “My colleagues around the country are doing important work to reduce violent crime, combat the drug abuse epidemic and enforce our nation’s laws.”

Attorney General Barr also announced that U.S. Attorney for the Northern District of Texas Erin Nealy Cox, a current member, will replace U.S. Attorney John Huber as the Vice Chair of the AGAC.

Chaired by U.S Attorney for the District of Columbia, Jessie K. Liu, the AGAC represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management, and operational issues impacting U.S. Attorneys’ Offices.

The bios of all U.S. Attorneys are available here.

Two doctors from Northeast Ohio and two drug company salesmen were indicted in federal court for their roles in a kickback conspiracy in which the doctors allegedly received money and other things of value in exchange for writing prescriptions of Nuedexta for patients that did not have the condition.

Named in the 83-count indictment are: Deepak Raheja, 63, of Hudson; Gregory Hayslette, 43, of Aurora; Frank Mazzucco, 41, of Dublin, and Bhupinder Sawhny, 70, of Gates Mills. All four are charged with conspiracy to solicit, receive, offer and pay health care kickbacks.

According to the indictment:

Raheja is a medical doctor who specialized in psychiatry and neurology whose primary practice location was 2307 West 14th Street in Cleveland. Sawhny is a medical doctor who specialized in neurosurgery whose primary practice location was 6731 Ridge Road in Parma.

Hayslette worked as a pharmaceutical sales representative for Avanir Pharmaceuticals, Inc. from June 2015 through September 2016. He was responsible for marketing Nuedexta, and his territory included Northern Ohio. Mazzucco was the regional business manager and supervised Hayslette.

Avanir manufactured Nuedexta, a drug approved by the FDA solely to treat pseudobulbar affect (PBA). PBA is a condition characterized by involuntary, sudden and frequent episodes of uncontrollable laughing and crying, according to the indictment.

Avanir promoted Nuedexta through a speaker’s bureau, in which Avanir representatives engaged doctors to speak about and promote Nuedexta to other medical professionals. Typical speaking engagements involved dinner at a high-end restaurant in which the doctor made a presentation with a slide deck provided by Avanir. A company sales representative was responsible for inviting attendees and attending the presentation.

Raheja joined Avanir’s speaker’s bureau in February 2011. He gave approximately 211 speaking presentations at various restaurants and doctor’s offices between October 2011 and April 2016. Raheja received approximately $1,500 for each of these purported presentations.

Raheja received approximately $331,550 from Avanir between October 2011 and April 2016. During this time, Raheja wrote approximately 10,088 Nuedexta prescriptions – the highest in the country, according to the indictment.

As part of the conspiracy, Hayslette and Mazzucco incentivized physicians to write Nuedexta prescriptions and thereby increase compensation to themselves. This included:

Hayslette and Mazzucco arranged speaker’s bureau programs, many with little to no educational value, for Raheja, Sawhny and other medical professionals relating to Nuedexta.

Hayslette and Mazzucco facilitated the payment of honoraria and other expenses to Raheja.

Hayslette facilitated the submission of false and fictitious sign-in sheets from speaking engagements to justify the event and maximize payments and other benefits to Raheja and Sawhny.

Hayslette facilitated the promotion of non-FDA-approved uses and dosages of Nuedexta through the speaker’s bureau program and the distribution of literature to physicians.

Hayslette offered free firearms training, office equipment and other things of value to Sawhny. 

Hayslette provided coffee, breakfast, lunch and other food and beverage to Raheja, Sawhny and their office staff, usually with little to no substantive discussion about Nuedexta.

Hayslette accessed protected patient health information without authorization, and facilitated the submission of false diagnoses of PBA on prior authorizations to Medicaid Managed Care Organizations.

It was further part of the conspiracy that Raheja and Sawhny took steps in return for things of value, such as:

Raheja and Sawhny wrote more Nuedexta prescriptions and caused the submission of billings to Medicare and Medicaid for Nuedexta prescriptions for patients that did not have PBA.

Raheja and Sawhny also submitted and caused the submission of materially false and fictitious prior authorizations to Medicaid MCOs that reflected diagnoses of PBA for patients that did not actually have PBA.

Raheja falsely diagnosed patients with PBA, and recorded and caused the recording of false symptoms in patient records to support a diagnosis of PBA. 

Sawhny also allegedly permitted unauthorized access to protected patient health information. 

“We all trust our doctors to make decisions based on what is best for the patient, not based on which sales representative is paying them money on the side and springing for steak dinners,” U.S. Attorney Justin Herdman said. “Doctors and the pharmaceutical sales reps who don’t follow the rules will be held accountable for their actions.”

“These doctors will now answer to a court of law for financially benefitting from lucrative speaking engagements and writing questionable prescriptions for one medication,” FBI Special Agent in Charge Eric B. Smith said. “The FBI will continue collaborative efforts to root out healthcare fraud and hold those responsible accountable for their fraudulent, unethical behavior."

“Kickbacks are to ethics like a magnet to a compass — you lose your direction,” Ohio Attorney General Dave Yost said. “Imagine trusting your doctor to do what’s right for your health, and finding out he’s instead doing what’s right for his wallet. This is much more than a financial crime.”

If anyone believes they may have been a victim in this case, they are encouraged to call the FBI at 216-622-6963.

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 FBI, Health and Human Services – Office of Inspector General and the Ohio Attorney General’s Medicaid Fraud Control Unit investigated this case. Assistant U.S. Attorneys Michael L. Collyer and Megan R. Miller are prosecuting the case.

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.