Northern District of Ohio

A City of Cleveland employee was indicted for extortion, accepting bribes and other crimes after he accepted below-market improvements on his property from a contractor seeking city business and directed city projects to benefit himself, his outside businesses, and his clients.

Khalil Ewais, 43, of Cleveland, was indicted on charges including Hobbs Act extortion, receipt of a bribe, federal program theft, making false statements and filing false tax returns.

His brother Abdeljawad Ewais, 45, of Cleveland, was charged with filing false tax returns.

According to a 14-count indictment unsealed in federal court:

Ewais worked in the Mayor’s Office of Capital Projects as the section chief of construction in the division of engineering and construction. He oversaw construction inspectors who inspect work on the city’s roads, bridges and sidewalks. He had a fiduciary duty to act in the best interests of the city and its citizens.

Ewais also owned and operated Pioneer Engineering, a private engineering and consulting business that did work for private clients. He also, along with Abedeljawad Ewais and other family members, owned commercial and residential rental properties in and around Cleveland.

Company 1 bid on jobs with the City of Cleveland. In April 2015, it was awarded a contract to perform most of the resurfacing of residential streets in certain wards of Cleveland for two years. Company 1 bid approximately $5.8 million for the work.

Khalil Ewais, in his job with the city, had input into whether Company 1 received additional contracts from the city. Company 1 could not receive payment for the work it did until Ewais certified it was done appropriately. He could also direct Company 1 to complete “corrective work” which would cost the company additional time and money. He could also use his official position to help Company 1 obtain faster payment for its services.

Ewais in August 2016 contacted multiple companies, including Company 1, about paving the parking lot adjacent to Captain’s Grill, a property at 6104 Storer Ave. that he and his brother owned. Quotes for the work ranged from $48,923 to $59,152.

Ewais contacted an owner of Company 1 on August 10, 2016, about the estimate for the parking lot and said “I need it to be in the $25K range.” The owner quickly responded, “I will do the job for a lump sum of $26,000.”

Company 1 was busy performing larger jobs for the city at the time, and so hired subcontractors to complete the work at Ewais’s parking lot.

While doing the work, the subcontractor learned the connection between the parking lot and the sewer was damaged and would need to be replaced. Ewais used his position to categorize that work as repair work for the city.

Ewais also used his official position to cause the city to pay to repave most of the short public alleyway next to the parking lot, West 62nd Place. Around Oct. 25, 2016, Company 1— at the direction of Ewais — instructed a subcontractor to expand the scope of its work on the parking lot job to include milling and paving the part of West 62nd Place that adjoined the parking lot, but not the short additional distance to reach the home at the end of the alleyway.

The work was completed on Nov. 5, 2016, with the parking lot connected to West 62nd Place. Company 1 spent approximately $81,534 to complete the work. Ewais paid $31,336 for the work and Company 1 did not request any further payment.

In designating the portion West 62nd Place adjoining his property to be repaved, Ewais avoided the established process for selecting streets to be resurfaced. The city, through a contractor, had sought to rate the condition of all the streets in Cleveland leading up to the 2016 resurfacing program. The city’s pavement management group, which included Ewais, met to discuss the lowest-rated streets in each ward to recommend to the City Council members which streets to include as part of the resurfacing program. The list of streets to be resurfaced never included West 62nd Place, which never even received a rating in the evaluation process.

Ewais, on his own accord, created a task order for resurfacing West 62nd Place around October 2016. It had an estimated cost of $9,363.70, to be paid to Company 1 under its contract with the city. He also created a task order for Americans with Disabilities Act-compliant ramps at the corners of West 62nd Place and Storer Avenue, at an estimated cost of $5,898, to be paid to another contractor. Ewais on Oct. 28, 2016, sent Company 1 a copy of the resurfacing task order to indicate Company 1 should repave West 62nd Street under its city contract.

Also in 2016, Ewais had a private client through Pioneer Engineering. Ewais used his position with the city to change the Lorain Avenue Rehabilitation plans to create a parking pull-off lane sought by his client. The cost to the city was approximately $10,000.

In 2017, Ewais agreed to help another client get additional street parking off Melbourne Avenue. This would require moving a utility pole, which the client would be billed for if the move were part of a private project. But the utility company would pay the cost of moving the pole if it were part of a public City of Cleveland project.

In order to ensure his private client would not be billed for moving the pole, Ewais contacted the utility company from his City of Cleveland email address. He used his official position and title and made false and misleading statements that were intended to, and did, mislead representatives of the utility to believe that moving the pole to create a parking pull-off was a public project.

Ewais sent an email from his city email address to an employee of the public utility and others on June 13, 2017. The email subject was: “Pole Place[d] Incorrectly in the Public R/W [Right of Way]. The email stated: “The City has been working with the Developer at the above address for over a year to renovate this building and bring in some new tenants. There is a plan to implement a pull off lane off Melbourne Avenue to accommodate some parking requirements.” It also stated the utility had “placed a pole in the middle of the proposed parking area” and that “[t]his pole will need to be relocated so as not to hamper this improvement.”

Both Khalil and Abdeljawad Ewais also filed numerous false tax returns in which they failed to report rental income.

U.S. Attorney Justin Herdman said: “Public service is a privilege, not a license to get preferential treatment and discounted improvements. This defendant used his job at City Hall to benefit himself and put his personal interests ahead of the people of Cleveland he was supposed to be serving.”

“Our tax-paying citizens are entitled to decisions based on the best interests of the public, not the best interests of corrupt government employees who want to financially benefit themselves,” FBI Acting Special Agent in Charge Robert E. Hughes said.  “The FBI will continue to work with our law enforcement partners and the United States Attorney's Office to ensure those who violate the public trust are held accountable.”

“Today’s indictment serves as a reminder that no matter the source of income, taxpayers, and especially government employees have an obligation to the American public to pay their fair share of income taxes,” said Ryan Korner, Special Agent in Charge, IRS-Criminal Investigation’s Cincinnati Field Office. “Bringing to justice those who abscond from their tax liabilities has been and will continue to be a top priority.”

“The charges disclosed today prove our continuing resolve to root out fraud and corruption in all forms,” said Brad Geary, Special Agent in Charge, U.S. Department of Housing and Urban Development – Office of Inspector General. “It is our continuing core mission to work with our federal law enforcement partners and the United States Attorney’s Office to protect the integrity of our housing programs and to take strong action against those who seek to personally benefit from taxpayer-funded grants.”

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.

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

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 indicted in federal court on methamphetamine trafficking charges.

Antonio Dorman, 29,  was indicted on one count of possession with intent to distribute a controlled substance. 

Dorman on May 22 did knowingly and intentionally possess with the intent to distribute more than 500 grams of a mixture and substance containing methamphetamine, according to the indictment.

This case is being prosecuted by Assistant U.S. Attorney Peter Daly, following an investigation by the Federal Bureau of Investigation.

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.

A Solon man was sentenced to 30 months in prison for his role in a conspiracy to defraud the Cleveland Clinic out of more than $2.7 million.

Gary Fingerhut, 58, was ordered to pay $2,784,847 in restitution. He previously pleaded guilty to one count of conspiracy to commit wire fraud and honest services wire fraud and one count of making false statements.

According to court documents filed in the case:

Fingerhut worked at Cleveland Clinic Innovations, which assisted doctors and other Clinic personnel with inventing medical products and marketing those products, typically through the formation of a spin-off company. Fingerhut was hired as general manager of information technologies in 2010 and became executive director in 2013. The Clinic terminated his employment in June 2015.

In 2012, the Cleveland Clinic Innovations formed a subsidiary company known as Interactive Visual Health Records (IVHR), to develop a visual medical charting concept of certain Clinic physicians into a functioning, marketable product. Fingerhut hired Wisam Rizk to work as a consultant and then chief technology officer at IVHR to develop the product.

Fingerhut and Rizk, 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. Fingerhut underwent formal training on the Clinic’s ethics and compliance polices and requirements.

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.

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.

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

Fingerhut accepted nearly $469,000 in these payments from Rizk between August 2012 and November 2014. During that time, Fingerhut, Rizk. and others diverted more than $2.7 million from the Clinic.

Rizk pleaded guilty to his role in the conspiracy and is awaiting sentencing.

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

A Michigan woman was indicted for helping a man avoid registering as a sex offender.

Heather Butler, 30, of Romulus, Michigan was indicted on one count of failure to register as a sex offender.

Butler traveled from Michigan to Ohio and rented and paid for a hotel room in Rossford, Ohio, which assisted a sex offender in evading sex offender registration requirements, according to the indictment.

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

The investigating agency in this case is the United States Marshal Service.  The case is being handled by Assistant U.S. Attorneys Ashley A. Futrell and Tracey Ballard Tangeman.

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.       

A Lima man was indicted on child pornography charges.

Dustin Davis, 41, was indicted on one count of receipt and distribution of child pornography.

Davis received and distributed numerous images of child pornography between September and November 2018, according to the indictment.

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

The investigating agency in this case is the Department of Homeland Security.  The case is being handled 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.

Seven people from Northeast Ohio were indicted in federal court for their roles in a conspiracy to distribute carfentanil, fentanyl, heroin and cocaine.

Named in the 18-count indictment are: Aaron Reels, 52, of Cleveland; Donnell Bell, 40, of Twinsburg; Henry Williams, 45, of Shaker Heights; William Wheat, Jr., 35, of Cleveland; Andre Thompson, 39, of Brook Park; Otha Short, 66, of Cleveland, and Carl Mileca, 74, of Cleveland.

According to the indictment:

Reels purchased drugs from Bell, Wheat, Williams and others. Reels then sold the drugs for profit to Thompson, Short, Mileca and others.

This took place between September 2017 and April 2018.

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.

This case was investigated by the Drug Enforcement Administration, Lake County Narcotics Agency, Cuyahoga County Sheriff’s Office, Euclid Police Department, Cleveland Heights Police Department, Ashtabula County Sheriff’s Office, Ohio State Highway Patrol, Cleveland Division of Police and Twinsburg Police Department. It is being prosecuted by Assistant U.S. Attorney Marisa T. Darden.

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 Parma man was indicted for filing false tax returns.

Mohammad H. Mohammad, 54, was indicted on four counts of filing false tax returns.

Mohammad understated his income and failed to report gross receipts or sales generated by the business operations of Muhammad Brothers Partners for calendar years 2012 and 2013, 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.

This case is being prosecuted by Assistant U.S. Attorney Carmen E. Henderson following an investigation by the Internal Revenue Service – Criminal Investigations.

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.

Six people were indicted in federal court for firearms violations.

Indicted are: Jacob Moser, 28, Conneaut, Robert Howse, 24, of South Euclid, Anthony Clark, 37, of Cleveland, James Horn, 40, of Cleveland, Bryshaun Dodds, 24, of Findlay, and Samuel Schutte, 34, of Green County, Wisconsin.

Moser possessed a Smith & Wesson SD40 VE pistol and 39 rounds of .40-caliber ammunition on August 21, despite a previous conviction for drug trafficking, according to the indictment.

Howse possessed 28 rounds of 9 mm ammunition on September 15 and 16, despite a previous convictions aggravated robbery, burglary and robbery, each with a firearms specification, according to the indictment.

Clark possessed a Smith & Wesson SD40 VE pistol and 39 rounds of .40-caliber ammunition on August 21, despite a previous conviction for drug trafficking, according to the indictment.

Horn possessed a 12-gauge shotgun on April 11, despite a previous conviction for domestic violence in Cleveland Municipal Court, according to the indictment.

Dodds possessed a .38-caliber revolver, a .22-caliber rifle and a .45-caliber pistol on October 24, despite previous convictions for aggravated assault and aggravated burglary, according to the indictment.

Schutte possessed a Kahr .45-caliber handgun on October 30 despite previous convictions for burglary, forgery and escape, according to the indictment.

These cases are 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.

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 cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, Cleveland Division of Police, the Toledo Police Department and the Metrich Drug Task Force. They are being prosecuted by Assistant U.S. Attorneys Matthew D. Simko, Henry F. DeBaggis, James Lewis, Scott Zarzycki and Robert Patton.

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 Akron man was sentenced to 12 years in prison for the armed robbery of a Dollar General.

Deonte Griffin, 29, was sentenced to 144 months in prison by U.S. District Judge Donald C. Nugent. Griffin 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, according to court documents.

Griffin 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.

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.

It was prosecuted by Assistant U.S. Attorney Henry F. DeBaggis following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Akron Police Department.

A Toledo man was charged with making false statements.

Vincent S. Armstrong, 23, was charged in U.S. District Court with one count of providing false statements to a law enforcement officer.

The charge was announced by United States Attorney Justin Herdman, FBI Assistant Special Agent in Charge Jeff Fortunato and Toledo Police Chief George Kral.

Armstrong lives with Elizabeth Lecron, who was arrested Monday and charged with one count of transportation of explosives and explosive material for the purposes of harming others and property. Lecron is accused of purchasing black powder and screws that she believed were going to be used to make a bomb as part of a terrorist attack.

According to an affidavit filed in Armstrong’s case:

Armstrong and Lecron flew together in August to visit sights related to the shooting at Columbine High School. During a search of their home that month, law enforcement found an AK-47, shotgun, multiple handguns, ammunition and end caps purchased by Armstrong, which can be used in the manufacture of pipe bombs.

Law enforcement also found journal entries by Lecron and Armstrong discussing a violent attack. On June 8, Armstrong wrote: “Now I have these thoughts…These memories. They haunt me. I have a vision. A vision to kill. To hunt the unwilling...”

On December 10, law enforcement searched the residence Armstrong and Lecron share on Willow Run Drive, as well as their vehicles. The trunk of Armstrong’s vehicle had a duffel bag that contained a tactical vest with two loaded magazines for an AK-47, two loaded magazines for a pistol, a gas mask, printouts of instructions how to construct various bombs, and other items.

In the residence, law enforcement removed a shotgun, a handgun and an AK-47 with the stock removed.

Armstrong was interviewed on December 10. He denied discussing with Lecron plans to launch an attack. He also denied purchasing items that could be used to make a bomb.

The investigation is ongoing.

The Federal Bureau of Investigation’s Joint Terrorism Task Force, which is comprised of members of the FBI, Homeland Security and Investigations, U.S. Customs and Border Protection, Ohio State Highway Patrol and Toledo Police Department, is leading the investigation. They were assisted by the FBI’s office in Denver. The case is being prosecuted by Assistant U.S. Attorney Michael Freeman.

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.

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

 

A Toledo woman was arrested and charged in federal court after she purchased black powder and screws that she believed were going to be used to make a bomb as part of a terrorist attack.

Elizabeth Lecron, 23, was charged with one count of transportation of explosives and explosive material for the purposes of harming others and property.

“This defendant bought black powder and hundreds of screws that she expected would be used to make a bomb,” said Justin E. Herdman, United States Attorney for the Northern District of Ohio. “Through her words and actions, she demonstrated that she was committed to seeing death and destruction in order to advance hate. This case demonstrates terrorism comes in many guises and we will remain vigilant to protect all Americans.”

FBI Acting Special Agent in Charge Jeff Fortunato said: “Removing Elizabeth Lecron from the ranks of civilized society by virtue of arrest and prosecution thwarts her explicitly stated desire to engage in acts of death and destruction. This case is a testament to the value of an ever vigilant public, which had the courage to alert law enforcement as to the evil goals and intentions of this suspect."

According to an affidavit filed in the case:

Lecron came to the attention of law enforcement earlier this year after one of her associates expressed a desire to conduct a violent attack. Further investigation revealed Lecron frequently posted voluminous photographs and comments on social media glorifying mass murderers, including the Columbine shooters and Dylann Roof.

After her Tumblr account was shut down because of offensive content, Lecron started a new profile -- “CharlestonChurchMiracle,” -- where she continued to post photos and comments about mass casualty attacks.

Lecron and an associate flew to Denver in order to visit Columbine High School. Around this time, she also began corresponding with Roof and attempted to send him Nazis literature.

Earlier in August, undercover FBI agents and confidential sources communicated with Lecron. In August, she stated she and an associate 1 had devised a plan to commit an “upscale mass murder” at a Toledo bar. She stated she knew the bar only had two ways in or out, which could be a tactical advantage when police arrived.

Later that month, Lecron stated she wanted to meet other anarchists in order to form a team. She stated she wanted to damage a livestock farm to set livestock free. She later confirmed she was willing to sabotage anything that harms the environment.

A week later, on August 28, she reiterated she wanted to attack a farm that raises pigs or cows. The next day, Lecron stated she could not locate such a farm and was going to focus on something else.

In September, Lecron met with undercover FBI agents and stated she and an associate started to make a pipe bomb. She stated she “definitely want(ed) to make a statement up here” and thought the place where she worked could be a good target because she believed they were polluting the river behind the plant.

On December 4, Lecron has discussions with an undercover agent regarding a pipeline bombing. Lecron agreed to buy black powder needed to make a bomb.

On December 8, Lecron met with a source at a retail sporting good stores, where she entered the store by herself and purchased two pounds of Hodgson Triple Seven Muzzleloading Propellant. She then went to a larger retailer in Perrysburg, where she purchased 665 screws of various sizes, some as large as three inches.

Lecron said to the source: “So I guess I’ll talk to you when the deed is done?” She later said: “I’m very excited...stick it to him man…be safe.”

The Federal Bureau of Investigation’s Joint Terrorism Task Force, which is comprised of members of the FBI, Homeland Security and Investigations, U.S. Customs and Border Protection, Ohio State Highway Patrol and Toledo Police Department, is leading the ongoing investigation. They were assisted by the FBI’s office in Denver. The case is being prosecuted by Assistant U.S. Attorney Michael Freeman.

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.

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

 

Damon M. Joseph, 21, of Holland, Ohio, was charged today in federal court with one count of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, for allegedly planning an attack on a synagogue in the Toledo, Ohio area.  Joseph was arrested Friday evening after he took possession of two semi-automatic rifles.

The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S Attorney Justin E. Herdman for the Northern District of Ohio and Acting Special Agent in Charge Jeff Fortunato of the FBI’s Cleveland Division.

“Damon Joseph was allegedly inspired by ISIS’ call to violence and hate.  He planned to attack the victims, based on their religion, at a Toledo-area synagogue in the name of ISIS, and hoped that it would lead to the deaths of many and spread fear,” said Assistant Attorney General Demers.  “His alleged actions would be an assault on the liberties and respect for humanity we hold so dear.  We will continue to make every effort to prevent such attacks from occurring.  I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”

 “This man spent months planning a violent terrorist attack on behalf of ISIS here in the United States, and eventually targeted a Jewish synagogue in the Toledo area,” said U.S. Attorney Herdman.  “The charges describe a calculated man fueled by an ideology of hatred and intent on killing innocent people. The FBI, our police and Justice Department employees are to be credited for working to stop the defendant before he could act.”

“In a matter of months, Damon Joseph progressed from radicalized, virtual jihadist to attack planner,” said Acting Special Agent in Charge Fortunato.  “He ultimately decided to target two Toledo-area synagogues for a mass-casualty attack in the name of ISIS. Joseph will now be accountable in a court of law for his pursuit of a violent act of terrorism upon our fellow citizens attending their desired house of worship.”

According to an affidavit filed in U.S. District Court in Toledo:

Earlier in 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.  This activity led to multiple interactions between Joseph and undercover FBI agents.

During his communication with undercover agents, Joseph stated his support for ISIS and produced propaganda in support of ISIS recruitment.  In September, Joseph made videos that he sent to the undercover agent, hoping they would be used to recruit people to ISIS.  He also complained that the mosque he attended was critical of ISIS.

Joseph stated his support for violent attacks and operations.  For example, on Oct. 21, Joseph expressed support for “martyrdom operations” and stated: “what must be done, must be done” and “there will always be casualties of war.”

On Oct. 30, Joseph and the undercover communicated regarding the mass shooting at a Jewish synagogue in Pittsburgh. Joseph stated: “I admire what the guy did with the shooting actually.”  He added: “I can see myself carrying out this type of operation inshallah. They wouldn’t even [an attack] expect in my area...”

Over the next few weeks, Joseph continued stating he wanted to participate in an attack on behalf of ISIS.  On Dec. 2 he forwarded a document that laid out his plans for an attack, using the name “Abdullah Ali Yusuf” for himself.  In the document, he described plans to attack where the greatest number of people are gathered, inflict the most casualties during the attack and make sure no one escaped.

Joseph then stated that he did not see this necessarily as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.

On Dec. 4, Joseph stated he was deciding between two synagogues in the area to attack.  He stated the choice would depend on “Which one will have the most people, what time and what day. Go big or go home.”

The next day, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue.  Joseph identified two synagogues he viewed as targets in the greater Toledo area, and discussed the types of weapons he believed would be able to inflict mass casualties.

Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glocks and ammunition.

On Dec. 6, Joseph met with an undercover in the Toledo area and stated it would be ideal to attack two synagogues, but that it was probably more realistic to only attack one.  Joseph also stated specifically that he wanted to kill a rabbi.

Also on Dec. 6, Joseph wrote the name and address of the synagogue where the attack was to occur.  Joseph stated he had conducted research to determine when the Jewish sabbath was so that more people would be present.  Joseph pulled up photographs of the inside of the synagogue and said he wanted the attack to begin in the sanctuary.  Joseph told the undercover agent that he would hide two semi-automatic rifles at his house once the undercover purchased them.

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

A charge is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

The FBI’s Joint Terrorism Task Force, which is comprised of members of the FBI, Homeland Security and Investigations, U.S. Customs and Border Protection, Ohio State Highway Patrol and Toledo Police Department, is leading the ongoing investigation.  

The case is being prosecuted by Assistant U.S. Attorney Michelle Baeppler of the Northern District of Ohio, and Trial Attorneys Josh Champagne and Kyle Phillips of the National Security Division’s Counterterrorism Section.

Damon M. Joseph, 21, of Holland, Ohio, was charged today in federal court with one count of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, for allegedly planning an attack on a synagogue in the Toledo, Ohio area.  Joseph was arrested Friday evening after he took possession of two semi-automatic rifles.

The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S Attorney Justin E. Herdman for the Northern District of Ohio and Acting Special Agent in Charge Jeff Fortunato of the FBI’s Cleveland Division.

“Damon Joseph was allegedly inspired by ISIS’ call to violence and hate.  He planned to attack the victims, based on their religion, at a Toledo-area synagogue in the name of ISIS, and hoped that it would lead to the deaths of many and spread fear,” said Assistant Attorney General Demers.  “His alleged actions would be an assault on the liberties and respect for humanity we hold so dear.  We will continue to make every effort to prevent such attacks from occurring.  I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”

 “This man spent months planning a violent terrorist attack on behalf of ISIS here in the United States, and eventually targeted a Jewish synagogue in the Toledo area,” said U.S. Attorney Herdman.  “The charges describe a calculated man fueled by an ideology of hatred and intent on killing innocent people. The FBI, our police and Justice Department employees are to be credited for working to stop the defendant before he could act.”

“In a matter of months, Damon Joseph progressed from radicalized, virtual jihadist to attack planner,” said Acting Special Agent in Charge Fortunato.  “He ultimately decided to target two Toledo-area synagogues for a mass-casualty attack in the name of ISIS. Joseph will now be accountable in a court of law for his pursuit of a violent act of terrorism upon our fellow citizens attending their desired house of worship.”

According to an affidavit filed in U.S. District Court in Toledo:

Earlier in 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.  This activity led to multiple interactions between Joseph and undercover FBI agents.

During his communication with undercover agents, Joseph stated his support for ISIS and produced propaganda in support of ISIS recruitment.  In September, Joseph made videos that he sent to the undercover agent, hoping they would be used to recruit people to ISIS.  He also complained that the mosque he attended was critical of ISIS.

Joseph stated his support for violent attacks and operations.  For example, on Oct. 21, Joseph expressed support for “martyrdom operations” and stated: “what must be done, must be done” and “there will always be casualties of war.”

On Oct. 30, Joseph and the undercover communicated regarding the mass shooting at a Jewish synagogue in Pittsburgh. Joseph stated: “I admire what the guy did with the shooting actually.”  He added: “I can see myself carrying out this type of operation inshallah. They wouldn’t even [an attack] expect in my area...”

Over the next few weeks, Joseph continued stating he wanted to participate in an attack on behalf of ISIS.  On Dec. 2 he forwarded a document that laid out his plans for an attack, using the name “Abdullah Ali Yusuf” for himself.  In the document, he described plans to attack where the greatest number of people are gathered, inflict the most casualties during the attack and make sure no one escaped.

Joseph then stated that he did not see this necessarily as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.

On Dec. 4, Joseph stated he was deciding between two synagogues in the area to attack.  He stated the choice would depend on “Which one will have the most people, what time and what day. Go big or go home.”

The next day, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue.  Joseph identified two synagogues he viewed as targets in the greater Toledo area, and discussed the types of weapons he believed would be able to inflict mass casualties.

Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glocks and ammunition.

On Dec. 6, Joseph met with an undercover in the Toledo area and stated it would be ideal to attack two synagogues, but that it was probably more realistic to only attack one.  Joseph also stated specifically that he wanted to kill a rabbi.

Also on Dec. 6, Joseph wrote the name and address of the synagogue where the attack was to occur.  Joseph stated he had conducted research to determine when the Jewish sabbath was so that more people would be present.  Joseph pulled up photographs of the inside of the synagogue and said he wanted the attack to begin in the sanctuary.  Joseph told the undercover agent that he would hide two semi-automatic rifles at his house once the undercover purchased them.

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

A charge is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

The FBI’s Joint Terrorism Task Force, which is comprised of members of the FBI, Homeland Security and Investigations, U.S. Customs and Border Protection, Ohio State Highway Patrol and Toledo Police Department, is leading the ongoing investigation.  

The case is being prosecuted by Assistant U.S. Attorney Michelle Baeppler of the Northern District of Ohio, and Trial Attorneys Josh Champagne and Kyle Phillips of the National Security Division’s Counterterrorism Section.

A convicted rapist from Cleveland was indicted in federal court for having a firearm.

Kevin L. Lott, 52, was indicted on one count of being a felon in possession of a firearm.

Lott possessed a L.W. Seecamp 380 pistol on Oct. 2, despite previous convictions for aggravated burglary and rape, sexual battery and attempted robbery, according to the indictment.

In an unrelated case, Delonte Hudson, 32, of Cleveland, was indicted for being a felon in possession of a firearm. Hudson possessed a Glock 40-caliber handgun and 12 rounds of ammunition on Oct. 26 despite a previous conviction for attmpted drug trafficking, 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 Lott case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Cleveland Division of Police. It is being prosecuted by Assistant U.S. Attorney James Lewis.

The Hudson case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cleveland Division of Police and Cleveland Heights Police Department. It is being prosecuted by Assistant U.S. Attorney Brian Deckert.

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 Cleveland man was indicted for lying about his conviction for domestic violence three times this year while trying to purchase a firearm.

Joseph Williams, 25, was indicted on three counts of making a false statement during the purchase of a firearm.

Williams was convicted in 2011 of one misdemeanor count of domestic violence in Cleveland Heights Municipal Court.

Williams falsely stated he had not been convicted of domestic violence when he attempted to purchase firearms from Fin Feather Fur in Middleburgh Heights on Aug. 31, Atwell’s Police & Fire Equipment in Painesville on Sept. 5 and Atlantic Gun & Tackle in Bedford Heights on Oct. 27, according to the indictment, according to the indictment.

He was stopped from buying the firearm each time.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorney Danielle K. Angeli.

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 California man was indicted for transporting five people in the country illegally.

Yusnier Perez-Canet, 20, was indicted on five counts of transportation of aliens not lawfully in the United States.

Perez-Canet on Sept. 26 was transporting five people who were in the country illegally, according to the indictment.

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

The investigating agency in this case is the U.S. Border Patrol.  The case is being handled by Assistant U.S. Attorneys Ashley A. Futrell and Thomas P. Weldon.

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 Wooster man was indicted in federal court for attempting to induce what he believed was a 13-year-old boy to have sex with him.

Luther R. Nash, 47, was indicted on one count of coercion and enticement.

Nash used a cell phone to attempt to persuade, induce, entice and coerce an individual who had not attained the age of 18 years, that is, a 13 year-old boy, to engage in illegal sexual activity with him. This took place in September and October, 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.  

This case is being prosecuted by Assistant U.S. Attorney Michael A. Sullivan following an investigation by the Federal Bureau of Investigation, the Wooster Police Department and the Canton Police Department.  

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 Van Wert man was sentenced to more than 19 years in prison for downloading images of young children being raped and abused.

Roy Allen Nichols, 56, was sentenced to 235 months in federal prison. Nichols previously pleaded guilty to receipt and distribution of child pornography. He was a registered sex offender because of previous convictions in state court for pandering and criminal enticement.

Nichols in June 2017 was found to have downloaded multiple images of children as young as two years old being abused and raped by adults, according to court documents.

"These are cases with real victims, children whose lives will be forever changed because adults assaulted and violated them," U.S. Attorney Justin Herdman, for the Northern District of Ohio, said in a news release. "We will continue to prosecute those who re-victimize these children by sharing and downloading these images."

The case is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman following an investigation by the FBI in Lima.

An Akron man was indicted for robbing a Mantua bank this summer.

Alan T. Hargover, 38, was indicted on one count of bank robbery. He is accused of robbing the Cortland Bank on State Route 44 on June 30.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Henry F. DeBaggis.

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.

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

Three people from Michigan were sentenced to prison for using stolen identities to apply for fraudulent bank loans.

Brian J. Graham-Love, 24, was sentenced to 51 months in prison after previously pleading guilty to aggravated identity theft and conspiracy to commit bank fraud.

Madison Isaacson, 20, was sentenced to two years in prison after previously pleading guilty to aggravated identity theft.

Kristi Belanger, 20, was sentenced to three months in prison, after previously pleading guilty to conspiracy to commit bank fraud.

The trio used fraudulently obtained personal identification information, which they used to open bank accounts and submit loan applications at various Dollar Bank locations in Ohio and Pennsylvania.

They successfully used the identities of four people to receive loans totaling $52,000, of which they withdrew nearly $41,000, according to court documents.

This case was investigated by the FBI, U.S. Postal Inspection Service and the University Heights Police Department.  It was prosecuted by Assistant U.S. Attorneys Robert Kern and Danielle Angeli.

Ten people were sentenced to prison for their roles in a conspiracy to install credit-card skimmers on gas pumps in at least five states, including several locations in Northeast Ohio, and steal account information from thousands of people.

The sentences are as follows:

Ranset Rodriguez, 41, of Miami: 81 months in federal prison.

Jose Manuel Iglesias, 52, of West New York, New Jersey: 81 months in federal prison.

Yaniris Alfonso, 32, of Miami: 57 months in federal prison.

Edelberto Hernandez, 46, of Kiowa, Colorado: 33 months in federal prison

Yadian Quesada-Hernandez, 32, of Tampa: 30 months in federal prison.

Alejandro Moises, 53, of Miami: 24 months in federal prison.

Luis Enrique Jimenez Gonzales, 28, of Hialeah, Florida: 24 months in federal prison.

Eddy Pimentel-Vila, 46, of Jersey City, New Jersey: 24 months in federal prison.

Yonasky Rosa, 35, of Tampa: 22 months in federal prison.

Lester Enrique Castaneda, 39, of Hialeah, Florida: six months in federal prison and six months of home detention.

Juan Carlos Banos, 59, of Parma, and Carlos Rodriguez Martinez, 43, of Aurora, Colorado, remain at large.

The defendants conspired to install skimmers on point-of-sale terminals inside of gas pumps located in Ohio, Colorado, Maryland, Utah and elsewhere between August 2014 and July 2017. The defendants then re-encoded the stolen credit/debit card account information, including the actual account holders’ names, onto counterfeit credit cards, which were used to fraudulently purchase gift cards, merchandise, goods and services in Ohio and elsewhere, according to court documents.

The defendants traveled from Florida to install the skimmers and worked together to distract gas station employees and/or obstruct their view while the skimmers were covertly installed. Skimmers were discovered on gas pumps in Rocky River, Solon, Stow, Hudson, Fairview Park, Medina, Cleveland, Canton, Cuyahoga Falls, Norton, Austintown and elsewhere, according to court documents. 

“This group stole credit card information from thousands of people all over Northeast Ohio just looking to fill up their gas tanks and continue on their way,” U.S. Attorney Justin E. Herdman said. “Instead, these victims had their personal information taken and used to make fraudulent credit cards, which this group in turn used to steal merchandise.”

“This sophisticated, multistate criminal enterprise stole credit card numbers from innocent folks putting gas in their cars,” said FBI Special Agent in Charge Stephen D. Anthony. “These individuals, now in prison, caused financial difficulties for numerous everyday citizens, and for this, they are being held accountable.”  

“This investigation is a great example of how all levels of law enforcement worked together to dismantle a criminal organization which targeted unsuspecting victims from around the United States.  The multiple arrests and successful prosecution could not have happened if it weren’t for the hard work and dedication from the men and women of the state police, local law enforcement, and FBI,” said Special Agent in Charge Jonathan Schuck, U.S. Secret Service - Cleveland Field Office. “The Secret Service is dedicated to protecting our nation’s financial infrastructure and this an example of one of the success stories.”

Assistant U.S. Attorneys Megan R. Miller and Robert W. Kern are prosecuting the case following an investigation by the Federal Bureau of Investigation, U.S. Secret Service and the Boulder County (Colorado) Sheriff’s Office.

A U.S. Postal employee assigned to deliver mail in Willowick and Eastlake was sentenced to six months in prison for stealing gift cards.

Sonte E. Gibbons, 25, of Cleveland, previously pleaded guilty to theft of mail by a postal employee.

Gibbons was assigned to the Willowick Post Office beginning in September 2016, where he delivered mail in Eastlake and Willowick.

On April 13, 2017, Gibbons had a letter he was supposed to deliver to a location on East 331 Street that contained a $10 Wal-Mart gift card. Gibbons redeemed the gift card three days later while wearing his postal uniform, according to court documents.

Gibbons was arrested after the U.S. Postal Service’s Office of Inspector General received complaints about mail on Gibbons’ route had not been delivered. Agents prepared 10 first-class mail pieces that contained a greeting card and a gift card or cash. Agents mailed the letters. Seven of the 10 were not delivered, according to court documents.

“As the holidays approach, this case is a good reminder that people should be cautious about sending cash or gift cards in the mail,” U.S. Attorney Justin Herdman said. “The vast majority of postal employees are dedicated workers, but this case reminds us that there are always Grinches among us.”

U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office said: “Postal employees are paid to deliver the mail, not steal it. This prison sentence should send a message to all postal employees and the public that special agents with the U.S. Postal Service Office of Inspector General aggressively investigate all allegations of employee mail theft, and will hold those who choose to steal accountable. Gibbons decided to forfeit his pay, benefits, retirement, and freedom for what amounted to a few dollars. To report postal employee misconduct, contact USPS OIG special agents at www.uspsoig.gov or 888-USPS-OIG.”

This case was prosecuted by Assistant U.S. Attorney Elliot Morrison following an investigation by the U.S. Postal Service’s Office of Inspector General.

A Cuyahoga County Land Bank employee was indicted for soliciting and accepting improvements to his property in Cleveland Heights in return for assisting a demolition company get contracts.

Kenneth Tyson, 48, was indicted on one count of conspiracy to commit bribery and honest services fraud, three counts of honest services wire fraud and one count of bribery.

Tyson worked as property specialist for the Cuyahoga County Land Reutilization Corp., also known as the Cuyahoga County Land Bank. Tyson served as a liaison with East Cleveland on land acquisition, demolition and other projects, according to the indictment.

He vetted prospective demolition contractors seeking to be placed on the Land Bank’s list of qualified contractors and exercised influence over who could compete for Land Bank contracts, according to the indictment.

Residential Commercial Industrial (RCI) Services  was a demolition company whose principal place of business was East Cleveland. It was operated by someone identified in the indictment as M.R. A person identified as M.S. served as chief of staff in the city of East Cleveland

Tyson conspired with M.R. and M.S. between 2013 and 2018. Tyson solicited M.R. to provide free contractor and repair services to Tyson’s property at 1210 Castleton Road in Cleveland Heights. In exchange, Tyson assisted and arranged for RCI to be put on the Land Bank’s qualified demolition contractor list and for RCI to be invited to bid on Land Bank demolition jobs, according to the indictment.

In October 2013, M.R. was billed approximately $2,565 for plumbing work done at Tyson’s property. That same month, M.R. paid someone approximately $1,000 to cut down a tree on the property, according to the indictment.

An East Cleveland employee, at the direction of M.S., sent documents and pictures to the Land Bank confirming RCI had previously completed demolition work in East Cleveland. Tyson and others conducted a site visit to RCI on Elderwood Road in East Cleveland, according to the indictment.

RCI was added to the Land Bank’s system as a demolition contractor on Nov. 21, 2013, allowing it to bid on Land Bank contracts. Five days later, the Land Bank invited RCI to bid on jobs at three sets of properties. RCI submitted the lowest bids on those jobs and was awarded the contracts, according to the indictment.

The Land Bank sent RCI three checks between January and March 2014, paying approximately $32,355 for the work, according to the indictment.

Around July 2014, RCI paid approximately $3,200 for concrete work done at Tyson’s property, according to the indictment.

“This defendant used his position to enrich himself with free home repairs when he was supposed to be helping rid our community of blight,” said U.S. Attorney Justin Herdman. “We remain committed to stamping out public corruption in all its forms.”

“The charges disclosed today prove our continuing resolve to root out fraud and corruption in all forms, especially when the programs involved should have been used to help our neediest families,” said HUD-OIG Special Agent in Charge Brad Geary. “It is our continuing core mission to work with our Federal law enforcement partners and the United States Attorney’s Office to protect the integrity of our housing programs and to take strong action against those who seek to personally benefit from taxpayer-funded grants.”

"Competition in federal blight demolition programs is critical to protecting taxpayers, with no room for contract awards involving bribery, as is alleged against this land bank official,” said Special Inspector General for the Troubled Asset Relief Program Christy Goldsmith Romero.  “Cuyahoga County Land Bank has taken nearly $60 million from TARP’s Blight Elimination Program to demolish homes and improve local communities. It is critical that these taxpayer funds be used appropriately and for their intended purpose.  I thank U.S. Attorney Justin Herdman and his team of prosecutors for standing with SIGTARP in the fight against blight-related crime.”

“Our tax-paying citizens are entitled to decisions based on the best interests of the public, not the best interests of corrupt public officials and bribe-paying contractors,” FBI Special Agent in Charge Stephen D. Anthony said. “The FBI will continue to hold those that violate the public trust accountable in a court of law.”

This case was investigated by the Department of Housing and Urban Development’s Office of Inspector General, The Office of the Special Inspector General for the Troubled Asset Relief Program, the Federal Bureau of Investigation and and the Internal Revenue Service – Criminal Investigations. It is being prosecuted by Assistant U.S. Attorneys Carmen E. Henderson and Chelsea S. Rice.

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.

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

 

 

Three men from Northeast Ohio, including two former U.S. Postal Service employees, were sentenced to prison for their roles in the armed robbery of a postal carrier in which they were trying to steal packages containing marijuana.

Cortez Anderson, 29, of Oakwood Village, was sentenced to more than nine years in prison. Jabar Hogan, 34, of Cleveland, and Roy Malone, 34, of Bedford Heights, were both sentenced to nearly two years in prison.

A juvenile who was also involved in the robbery was sentenced to three years in a juvenile detention facility.

According to court documents:

The juvenile pointed a gun at the letter carrier on Oct. 30, 2017 in Euclid, when he told the carrier to “start walking” and retrieved a parcel addressed to a nearby apartment complex from the rear of a postal vehicle.

Security video nearby had images of a gray Dodge Charger that the juvenile drove in. A search of police databases revealed the vehicle was owned by Hogan, who worked at the Postal Service’s Processing and Distribution Center on Orange Avenue in Cleveland.

Further investigation revealed that Anderson paid Hogan with cash or marijuana for information about parcels fitting the profile of packages believed to contain marijuana. Hogan sent Anderson tracking numbers of the packages in order for Anderson to intercept the package either at its destination or, as in this case, straight from the postal truck.  Anderson sold marijuana and was believed to be affiliated with the Heartless Felons gang.

Monitored phone calls between members of the group revealed that Malone – also an employee at the Orange Avenue Processing and Distribution Center -- was the driver of the vehicle, while the juvenile used a firearm during the robbery and Anderson was in the car at the time of the robbery.

“These defendants put the letter carrier and public at risk with this armed robbery,” U.S. Attorney Justin Herdman said.

U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth Cleevely stated: “The vast majority of the 600,000 postal employees nationwide are hard-working, trustworthy individuals. However, a few of them decide to violate that trust and use their positions for personal gain. In this case, these individuals will have several years in federal prison to think about their terrible decision. They have lost their careers, pension, and freedom for a few dollars. Postal employees need to realize when they steal drug parcels from the mail, the put their fellow employees at risk. USPS OIG special agents and postal inspectors will aggressively investigate those using the postal system to traffic narcotics, and those employees who are involved. To report postal employee criminal activity or drugs being sent in the mail, please contact www.uspsoig.gov or 888-USPS-OIG.”

This case was prosecuted by Assistant U.S. Attorneys Elliot Morrison and Scott Zarzycki following an investigation by the U.S. Postal Service Office of Inspector General and the U.S. Postal Inspection Service.

A sexual predator from Williams County was sentenced to nearly two years in prison after traveling to Asia without permission and failing to register as a sex offender.

Mark Timothy Schafer, 49, of Bryan, was sentenced to 21 months in federal prison after previously pleading guilty to one count of failing to register as a sex offender and one count of failure to notify of international travel.

“This defendant ignored the law when he failed to register as a sex offender and traveled abroad to teach children,” U.S. Attorney Justin Herdman said. “Our community is safer with this man behind bars.”

Schafer was convicted of gross sexual imposition in 2004 in the Defiance County Court of Common Pleas. He was classified as a Tier III sex offender – meaning he had to register his address every 90 days – because his crime involved a victim under the age of 13, according to court documents.

Schafer registered as a sex offender following his release from state prison. He updated his registration, which changes to employment and address, multiple times in 2017, most recently with the Williams County Sheriff’s Office.

In 2017, Schafer applied for a U.S. passport, but failed to notify the Williams County Sheriff’s Office that he planned to travel abroad. Schafer applied for a Chinese visa and for a job to teach English in Shenyang, China. Schafer arrived in China on Nov. 21, 2017 and taught English to children there.

His employment was terminated in China in January 2018 and he returned to the U.S. via Detroit, according to court documents.

This case was investigated by the U.S. Marshal’s Service, Department of State, Customs and Border Protection and Department of Homeland Security. It was prosecuted by Assistant U.S. Attorneys Alissa K. Sterling and Jody L. King.

Two Ohio men were indicted on charges related to child pornography crimes.

Terry Gutshall, 41, of Mansfield, was charged with receiving and distributing visual depictions of minors engaged in sexually explicit conduct and possessing child pornography.

John R. Garrett, III, 39, of Curtice, was charged with receiving and distributing visual depictions of minors engaged in sexually explicit conduct.

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

Both cases were investigated by the Federal Bureau of Investigation. The Gutshall case is being prosecuted by Assistant U.S. Attorney Danielle Angeli while the Garrett case is being prosecuted by Assistant U.S. Attorney Tracey Tangeman Ballard.

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 Euclid woman was sentenced to more than five years in prison for a college student aid scam in which she fraudulently obtained more than $205,000.

Elizabeth Westmoreland, 69, was sentenced to 66 months in federal prison. She previously pleaded guilty to multiple counts of wire fraud, mail fraud, theft of government property and aggravated identity theft.

“This money was supposed to be used to help legitimate students pay for tuition and cover the cost of books and supplies,” U.S. Attorney Justin Herdman said. “This defendant got hundreds of thousands of dollars because she is a scammer. This prison sentence is deserved.”

Westmoreland, from 2013 through 2017, recruited “students” whose identities she could use to fraudulently enroll them at several community colleges, including Lakeland Community College, Owens Community College, University of Rio Grande and Edison State Community College. At least one “student” was incarcerated while he purported to attend Lakeland, according to court documents.

Westmoreland applied for financial aid using the fraudulent students. This aid covered the cost of tuition and other fees, which were sent directly to the schools, but also additional expenses, such as money for books, supplies, transportation and other fees. This money was sent from the U.S. Department of Education directly to the students, according to court documents.

As part of the conspiracy, Westmoreland and the fraudulent students split the proceeds of the student aid money. Westmoreland arranged for and/or personally completed the coursework online so the students continued to receive aid, according to court documents.

The checks were mailed to addresses controlled by Westmoreland, then she and other would transport the recruited fraudulent students to various locations to cash the checks and split the proceeds, according to court documents.

The U.S. Department of Education was defrauded approximately $178,476 and the Social Security Administration was defrauded approximately $27,267 as part of the conspiracy, according to court documents.

This case was investigated by the Social Security Administration -- Office of Inspector General, U.S. Department of Education -- Office of Inspector General, Postal Inspection Service and Department of Housing and Urban Development – Office of Inspector General. It was prosecuted by Assistant U.S. Attorneys Robert Kern and Danielle Angeli.

The owner of an asbestos removal and demolition business was indicted for paying cash bribes to a Cleveland employee in return for confidential information and preferential treatment regarding jobs for the city.

Eric Witherspoon, 55, of Warrensville Heights, was indicted on two counts of bribery and seven counts of honest services wire fraud.

According to the nine-count indictment filed in U.S. District Court:

Witherspoon owned and operated Arick’s Environmental Services, Inc. and Arick’s Services, which were asbestos removal and demolition businesses operating in Cleveland. Witherspoon submitted bids to the city of Cleveland in an attempt to obtain contracts for abatement and demolition work on behalf of the city.

Rufus Taylor was employed as Cleveland’s Chief of the Demolition Bureau. Taylor was responsible for assigning “board-ups” to contractors for vacant and abandoned properties in Cleveland, as well as locating contractors for and assigning emergency demolition jobs. He was also responsible for advising other city officials on which contractors should be solicited for bids and conducting inspections, which had to be completed before a contractor would be paid.

Witherspoon conspired with Taylor between November 2013 through September 2017. This included the two of them meeting at restaurants, job sites and parked cars in which Witherspoon paid cash to Taylor. In return, Taylor provided confidential information and advice about potential board-up and demolition jobs in Cleveland. Taylor also provided assistance to Witherspoon in assuring the jobs he worked on would be inspected quickly.

The two men met in November 2013 to discuss a demolition job at 887 Parkwood Drive. Witherspoon promised to pay Taylor $8,000 in exchange for Taylor getting Witherspoon on the bid list. Cleveland awarded Witherspoon the contract and he paid Taylor $8,000.

Taylor in October 2015 notified Witherspoon about an emergency demolition job on East 123rd Street and 1885 Coltman Ave. Witherspoon agreed to pay Taylor $12,000 in exchange for notifying him about the job.

Witherspoon was paid $94,640 by the city for work done at the location, but for reasons beyond Taylor’s control, Witherspoon’s business was not awarded the full contract and he never paid Taylor the full $12,000.

This case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development’s Office of Inspector General, and the Internal Revenue Service – Criminal Investigations.

It is being prosecuted by Assistant U.S. Attorney Chelsea S. Rice and Elliot Morrison.

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.

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

A Chinese national who had been living in Massachusetts was sentenced to nearly six years in prison for distributing opioids and other drugs that were shipped from China to the United States and ultimately to Ohio.

Bin Wang, 43, was sentenced to 71 months in prison. He previously pleaded guilty to 10 counts, including drug conspiracy, conspiracy to import a controlled substance and drug distribution.

Wang operated Cambridge Chemicals, Wonda Science, and other companies from a warehouse in Woburn, Massachusetts.

Law enforcement began investigating shipments of carfentanil, fentanyl and other opioids in August 2016, after a series of fatal overdoses in Northeast Ohio, according to court documents.

That investigation led them to several Chinese web sites, which they learned were selling kilogram amounts of fentanyl and fentanyl analogues, which were shipped via private carriers such as FedEx. One of the web sites was used to purchase acetylfentanyl that caused the overdose deaths of two Summit County residents in 2015, according to court documents.

Beginning in November 2016, undercover agents began ordering opioids and other drugs from a Chinese drug trafficking organization. The agents wired money to China using Western Union or MoneyGram. Investigators learned the Chinese drug trafficking organization sent the drugs Wang in Massachusetts, who in turn mailed the drugs domestically, including to locations in Northeast Ohio, according to court documents.

Court documents detail numerous sales and shipments of drugs from China to Massachusetts to Ohio from November 2016 through July 2017.

The leaders of the Chinese drug organization, Fujing Zheng, aka Gordon Jin, and his father Guanghua Zheng, both reside in Shanghai, China. They have been charged with conspiracy to manufacture and distribute controlled substances, conspiracy to import controlled substances into the United States, operating a continued criminal enterprise, money laundering and other crimes.

“Wang was responsible for receiving shipments of deadly opioids and other drugs from China and then sending them to Ohio and throughout the United States,” said U.S. Attorney Justin Herdman. “We will continue to work with law enforcement to stop the steady stream of drugs from overseas that is killing our friends and neighbors.”

DEA Special Agent in Charge Timothy J. Plancon said: “The importation of opioids and other synthetic drugs from China has played a significant role in America’s current drug use epidemic. Over 60,000 people a year die from drug overdoses in this country, and halting all methods of drug trafficking, including by way of the Internet is a top priority of the DEA. This investigation makes clear that geographic and technological hurdles will not stop DEA and our partners from bringing to justice those responsible for the illegal distribution of drugs in the U.S.”

“As opioids and other dangerous drugs continue to plague our communities in Ohio, a unified law enforcement community is the only way to stem the tide of this dangerous and deadly epidemic,” said Homeland Security Investigations Special Agent in Charge Steve Francis. “In order to have a significant impact, these organizations must be attacked from the street-level dealer to the wholesale distributor.”

“This investigation is a great example of a collaborative effort of federal agencies and a local drug task force working together to identify and track down people and organizations that are responsible for the ever-increasing shipments of very powerful synthetic opiates into Ohio,” said Don Hall, director of the MEDWAY Drug Enforcement Agency.

This case is being prosecuted by Assistant U.S. Attorney Matthew J. Cronin following an investigation by the DEA, Homeland Security Investigations and the Medway Drug Enforcement Agency, a drug task force serving Wayne County.

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.

 

A Warrensville Heights man was indicted on federal drug, firearms and food stamp fraud charges.

Brandon M. Ojikutu, 26, possessed fentanyl, cocaine, a Ruger 9 mm handgun and ammunition on May 26. Ojikutu used the firearm as part of his drug trafficking but was prohibited from having a firearm and ammunition because of prior drug convictions, according to the indictment.

Ojikutu also possessed an EBT card in another person’s name, according to the indictment.

This case was investigated by the Ohio Investigative Unit and Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorney James Lewis.

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.

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

Two Cuban nationals from Miami were indicted for using credit card skimmers to steal identities and make fake credit cards, which they used to make purchases at Sam’s Club stores in Mentor, Canton, Cleveland, Cuyahoga Falls, Oakwood Village and elsewhere.

Silvio Leon, 45, and Pablo Arrechavaleta, 41, were indicted for conspiracy to commit access device (credit card) fraud, access device fraud and aggravated identity theft.

Leon, Arrechavaleta and others covertly installed credit card skimmers on gas station pumps in Ohio, Pennsylvania, West Virginia, Colorado, Iowa and elsewhere between May 2016 and June 2018. They then downloaded the stolen credit card information and stored it on flash drives, according to the indictment.

Leon, Arrechavaleta and others then re-encoded the stolen account information and other data onto counterfeit credit cards, which they used to make purchases at Sam’s Club stores in Mentor, Canton, Cuyahoga Falls, Cleveland, Oakwood Village and elsewhere, according to the indictment.

They had information for nearly 5,000 credit card accounts when they were arrested, according to court documents.

This case was investigated by the FBI and Mentor Police Department. It is being prosecuted by Assistant U.S. Attorney Elliot Morrison.

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.

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.

Six people were indicted on federal firearms charges.

Indicted are: Eric J. Allen, 31, of Akron; Lyjesta Jerry Agee, 31, of Cleveland; Howard T. Duncan, 26, of Cleveland; Dwaine Rucker, Jr., 25, Cleveland; Christopher Brenick, 23, of Valley View, and Eric Reynolds, 20, of Valley View.

All are charged with being felons in possession of firearms, except Brenick and Reynolds, who are charged with making false statements in the acquisition of a firearm.

Allen was found to have a Hi-Point 9mm rifle and 20 rounds of 9mm caliber ammunition on Aug. 6. Allen was previously convicted of sexual battery.  

Agee was found to have a Springfield .45-caliber pistol and ammunition on Oct. 26, despite previous convictions for drug trafficking.

Duncan was found to be in possession of a Springfield .45-caliber pistol and ammunition on Oct. 4 despite previous convictions for child endangering, drug trafficking and carrying a concealed weapons.

Rucker was found to be in possession of a Smith & Wesson 9 mm pistol and ammunition on Sept. 26 despite a previous conviction for abduction.

Brenick falsely stated on April 19 that he was the true purchaser of a Sig Sauer .45-caliber pistol from Stonewall Gun Shop in Brecksville, when Reynolds was the actual buyer of the firearm, according to the indictment.

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

The Allen case is being prosecuted by Assistant U.S. Attorney Christopher J. Joyce following an investigation by the Ohio Adult Parole Authority and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Agee case is being prosecuted by Assistant U.S. Attorney Danielle Angeli following an investigation by the Cleveland Division of Police and ATF. The Duncan case is being prosecuted by Assistant U.S. Attorney Kelly L. Galvin following an investigation by the Cleveland Division of Police and ATF. The Rucker case is being prosecuted by Assistant U.S. Attorney Brian Deckert following an investigation by the Cleveland Division of Police and ATF. The Brenick and Reynolds case is being prosecuted by Assistant U.S Attorney Brian Deckert following an investigation by the ATF. 

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 Mahoning County judge was indicted in federal court for stealing at least $100,000 from a former client, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.

Diane Vettori-Caraballo, 50 of Youngstown, was charged with one count of mail fraud, one count of structuring cash deposits, and one count of making false statements to law enforcement. 

Vettori-Carabllo and her husband Ismael Caraballo, 60, were also charged with one count of filing a false tax return.

Vettori-Caraballo stole between $100,200 and $328,000 in cash that was in the home of a client when that client died in March 2016, according to the indictment.

Vettori-Caraballo was elected to position of judge in Mahoning County Court #3 – Sebring Court in 2002, with jurisdiction over misdemeanor criminal and traffic charges and other matters in Sebring and Beloit Villages and Berlin, Green, Goshen,, Ellsworth, Smith and Washingtonville Townships. She was reelected in 2006 and 2012, according to the indictment.

She also provided estate planning services to Robert Sampson, including drafting his will. On Nov. 20, 2015, Vettori-Caraballo filed an application in Mahoning County Probate Court to administer Sampson’s estate. The application stated Sampson died without a will. The probate court, unaware of Sampson’s will, appointed Falgiani as the administrator three days later, according to the indictment. 

Sampson died in 2015 and his closest living relative was his sister, Dolores Falgiani. Vettori-Caraballo prepared Falgiani will on Nov. 3, 2015. The will made 16 specific bequests to relatives and friends and bequeathed the rest of the estate to Animal Charity Human Society of Boardman and the Angels for Animal Charity in Canfield, according to the indictment.

Sometime in October or November 2015, Falgiani stated she was in possession of several shoeboxes of cash stored at her residence. Falgiani was found dead in her home on March 10, 2016, according to the indictment.

Vettori-Caraballo filed an application in Mahoning County Probate Court to probate Falgiani’s estate on March 24, 2016. On May 2, she reported having found cash in the residence and depositing the $20,000 into the estate, according to the indictment.

Vettori-Caraballo filed a notice of newly discovered assets with the court on several subsequent occasions in 2016 and 2017. Each time, she failed to disclose the cash she had stolen, according to the indictment.

The indictment also charged Vettori-Caraballo with structuring 22 deposits of the cash she stole into five different banks within four weeks to avoid regulations that require banks to report cash transactions over $10,000 to the IRS.  In addition, the information charges that Vettori-Caraballo lied to the FBI when she was confronted about the theft and the structuring of cash deposits.

This case was investigated by the Fedearl Bureau of Investigation and the Internal Revenue Service-Criminal Investigations. It is being prosecuted by Assistant U.S. Attorneys Brian M. McDonough and Alex Abreu 

If convicted, the sentence in this case will be determined by the Court after consideration of the Federal Sentencing Guidelines, which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique 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 a charge and 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 former executive director of a Cleveland community development corporation was arrested this morning for embezzling more than $172,000 from the Collinwood and Nottingham Villages Development Corporation.

Tamiko Parker, 46, of Cleveland, is scheduled to appear on Thursday at 2 p.m. in U.S. District Court in Cleveland. She has been indicted on one count of theft of federal funds.

Parker served as executive director of Collinwood and Nottingham Villages Development Corporation, a nonprofit organization that was to acquire, develop and lease property on the northeast side of Cleveland.

Parker misused various accounts through a variety of schemes including making unauthorized cash withdrawals, having checks issued to her and using debit and credit cards to pay her personal expenses. This took place between September 2014 through February 2016, according to court documents.

Parker used the community development corporation’s debit card to make purchases at Harley Davidson, the Horseshoe Casino, Victoria’s Secret and in Atlantic City and Las Vegas. She used the community development corporation’s credit card to purchase appliances at Home Depot for her home. Parker collected cash rental payments from tenants of the nonprofit and deposited cash into her personal account, according to court documents.

“This defendant betrayed the trust placed in her by a city and a community,” U.S. Attorney Justin Herdman said. “Instead of using her position to spur redevelopment, she used it as a personal piggy bank to gamble and travel.”

“Ms. Parker stole hundreds of thousands of dollars planned for economic development in the community,” said FBI Special Agent in Charge Stephen D. Anthony. “The only thing Ms. Parker was developing was her lavish lifestyle. She will now be held accountable for being a thief.”

“The charges disclosed today prove our continuing resolve to root out fraud and corruption in all forms, especially when the programs involved should have been used to help our neediest families,” said Brad Geary, Special Agent in Charge, U.S. Department of Housing and Urban Development, Office of Inspector General. “It is our continuing core mission to work with our Federal law enforcement partners and the United States Attorney’s Office to protect the integrity of our housing programs and to take strong action against those who seek to personally benefit from taxpayer-funded grants.”

“Those funds were designated to improve the lives of the residents and business owners in the Collinwood neighborhood,” said Cuyahoga County Prosecutor Michael O’Malley.

This case was investigated by the FBI, the U.S. Department of Housing and Urban Development -- Office of Inspector General. and Cuyahoga County Prosecutor’s Office and is being prosecuted by Assistant U.S. Attorneys Brian M. McDonough and Carmen Henderson. 

If convicted, the sentence in this case will be determined by the Court after consideration of the Federal Sentencing Guidelines, which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique 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 a charge and 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 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.

This case was investigated by the Cleveland Division of Police and Bureau of Alcohol, Tobacco, Firearms and Explosivs. It is being prosecuted by Assistant U.S. Attorney James Lewis.

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.

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.

Two men from Lorain were indicted for selling fentanyl.

Julius Ruffin, 39, was indicted on one count of possession with intent to distribute a mixture of heroin and fentanyl. Ruffin had nearly 100 grams of the drug mixture on Oct. 19, according to the indictment.

Aalijah Joel Rico, 24, was indicted on one count of possession with intent to distribute fentanyl. Rice had 117 grams of fentanyl on Oct. 12, according to the indictment.

The cases were investigated as part of Operation Synthetic Opioid Surge (S.O.S.), which seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers. Lorain County was selected as a pilot site for Operation S.O.S. Nearly 40 people have been indicted as part of the program to date.

These cases are investigated by the DEA, FBI, Elyria Police Department, Lorain Police Department and Lorain County Prosecutor’s Office. These cases are being prosecuted by Assistant U.S. Attorney Vasile Katsaros.

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.

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 Norwalk man was sentenced to 20 years in prison for fraudulently inducing teen girls into engaging in sexually explicit conduct and recording the conduct under the false promise that he was producing a pornographic film.

Charles Thomas Barbarotta, 33, previously pleaded guilty to two counts of sex trafficking of a minor.

Barbarotta used fraud to cause two minors to engage in commercial sex acts in December 2016. 

Barbarotta also used a scheme to induce the two minor victims into performing sex acts with him for what he fraudulently purported would be a pornographic film he would produce or direct, according to court documents.

“This man misrepresented himself to trick two underage girls,” U.S. Attorney Justin Herdman said. “This case is a cautionary tale for teens and parents alike. This sentence means the defendant will not be able to prey on minors anymore, but we know there are others out there like him.”

“We are pleased  this child predator will be behind bars for a significant amount of time,” said FBI Special Agent in Charge Stephen D. Anthony.

The investigating agency in this case is the Federal Bureau of Investigation and the Ottawa, Huron and Erie County Sheriff’s Offices.  The case is being handled by Assistant U.S. Attorney Tracey Ballard Tangeman.          

A North Canton woman was indicted for robbing four banks.

Fellicia Smith, 39, was indicted on four counts of bank robbery.

The indictment Smith robbed the Fifth Third Bank located in Kent on Dec. 24, 2016, the First National Bank in Boardman on Feb. 18, 2017; the Key Bank in Youngstown on March 31, 2017,  and the Key Bank in Findlay on April 3, 2017. 

In each robbery, Smith showed the bank teller a knife and demanded cash, 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 Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States 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.

Three men were indicted in federal court for crimes related to child pornography.

Shaun M. Stoneham, 37, of Avon Lake, was charged with receiving, possessing and accessing with intent to view child pornography.

Stoneham received numerous images of minors engaged in sexually explicit conduct. This took place between June and September 2017, according to the indictment.

David Greathouse, Jr., 32, of Ravenna, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.

Greathouse received numerous images of minors engaged in sexually explicit conduct. This took place between May 2017 and October 2018. He also possessed a computer and phone which contained child pornography, according to the indictment.  

Sean P. McElhatten, Jr., 30, of Concord, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.

McElhatten received numerous images of minors engaged in sexually explicit conduct. This took place between March and July 2017. He also possessed a computer and flash drives which contained child pornography, 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 cases are being prosecuted by Assistant U.S. Attorney Michael A. Sullivan.

The Stoneham case was investigated by the Department of Homeland Security, Homeland Security Investigations, the Federal Bureau of Investigation and the Ohio Internet Crimes Against Children Task Force. 

The Greathouse case was investigated by the Federal Bureau of Investigation, the Ohio Internet Crimes Against Children Task Force, the Tallmadge Police Department and the Geauga County Sheriff’s Office.  

The McElhatten case was investigated by the Federal Bureau of Investigation, the Lake County Sheriff’s Office and the Geauga County Sheriff’s Office.  

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

A Columbus man was indicted for illegally selling firearms, including guns used in drug trafficking, as well as laundering drug profits.

Francisco Flores, 39, was indicted on one count of transfer of firearms for use in drug trafficking, three counts of sale of firearms to a felon, four counts of money laundering and one count of operating an unlicensed money transmitting business.

Flores sold three firearms on Jan. 10 – a Smith & Wesson 5.56 mm semiautomatic assault rifle, a Glock 9 mm pistol and Smith & Wesson .357 Magnum revolver – knowing the firearms would be used for drug trafficking, according to the indictment.

Flores on June 1 sold a Pietro Beretta 9 mm pistol and a Glock 9 mm pistol to a convicted felon, according to the indictment.

Flores on Aug. 31 sold two Glock 9 mm pistols to a convicted felon, according to the indictment.

Flores on Nov. 1 sold a Diamondback Firearms 5.56 mm semiautomatic assault rifle, a Smith & Wesson .40-caliber pistol and ammunition to a convicted felon, according to the indictment.

On several occasions between August 2017 and January 2018, Flores made financial transactions to disguise proceeds that he believed were derived from drug trafficking. He also used his business, Flores Flooring, to engage in the unlicensed transmitting of money, according to the indictment.

Flores was arrested Wednesday morning.

“This is a man who put heavy firepower on the streets for drug dealers, and also helped them launder their drug money,” U.S. Attorney Justin Herdman said. “Ohio is a safer place with him behind bars.”

“Francisco Flores may be known to some in the community as a business owner but to law enforcement he is known as someone engaged in dangerous unlawful activities,” said FBI Special Agent in Charge Stephen D. Anthony. “These actions will not be tolerated in our community. The FBI's Northern Ohio Law Enforcement Task Force will continue to disrupt individuals that are a threat to our everyday lives.”

This case was investigated by the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigations and Homeland Security Investigations, with assistance from U.S. Customs and Border Protection and Immigration and Customs Enforcement. 

Assistant U.S. Attorneys Matthew J. Cronin and Elliot Morrison are prosecuting the case.

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.

Three Akron residents were indicted on federal firearms charges after they were found to have nine firearms and ammunition.

Ronald Black, 43, Jeremy Willard, 36, and Lotus Evans, were each indicted on one count of being a felon in possession of firearms. 

The trio were found on June 27 to be in possession of five rifles, four handguns and ammunition. None of the defendants were permitted to possess firearms because of previous convictions: Black and Willard for domestic violence, Evans for attempted aggravated drug trafficking, according to the indictment.

This case is being prosecuted by Assistant U.S. Attorney Peter Daly, following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Akron Police Department.

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.

A South Euclid man was indicted for using a firearm to rob a bank in Painesville.

Clark brandished a firearm on Aug. 13 when he robbed the Northwest Bank on Richmond Street, according to the indictment.

This case is being prosecuted by Assistant U.S. Attorneys Margaret Kane and Robert J. Patton following an investigation by the FBI and Painesville Police Department

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.

A Solon woman was indicted for laundering drug profits through her company through the purchase and sale of homes around Northeast Ohio.

Jennifer Harrison, 36, was indicted on one count of conspiracy to launder money.

Harrison owned Priority Property Services LLC, a business that operates as a general contractor handling home repairs, inspections and maintenance. Harrison and a Maple Heights drug trafficker identified in the indictment as CC1 conspired between 2010 and 2014 to launder CC1’s drug profits, according to the indictment.

CC1 provided cash to Harrison to be used to purchase property and real estate. CC1 also provided cash to purchase supplies, appliances and other items to improve the value the of the property. Harrison sometimes re-sold the property and provided a portion of the proceeds to CC1, according to the indictment.

At times, Harrison deposited cash from CC1 into Priority Property Services LLC’s bank account, then wrote checks to CC1, giving the false impression she was paying CC1 for work and services performed at various properties such as landscaping and roofing, according to the indictment.

This case is being prosecuted by Assistant U.S. Attorney Daniel J. Riedl following an investigation by the ATF, Internal Revenue Service -- Criminal Investigations, U.S. Secret Service and the Northern Ohio Law Enforcment Task Force.

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.

Seven people were indicted on federal firearms charges.

Indicted are: Demond C. Smart, 29, of Akron; Eric S. Smith, 49, of Akron; Leighland Johnson, 33, of Youngstown; Russell Littlejohn, 31, of Cleveland; Howard Frost, 39, of Lorain; Edward Campbell III, 27, of Youngstown and Essence D. Williams, 23, of Youngstown.

Smart is charged with being a felon in possession of a firearm. 

Smart was arrested on Aug. 29 with a TK firearm following a chase in which Smart was driving a stolen car. Smart has previous convictions that prohibit him from having a firearm, including for felonious assault and firearms crimes, according to the indictment.

Smith is charged with being a felon in possession of a firearm. Smith possessed a J.P. Sauer and Sohn .357 Magnum Western Marshal revolver on June 17, despite previous convictions for assault with a deadly weapons, attempted battery with a deadly weapon and other crimes, according to the indictment.

Johnston is charged with being a felon in possession of a firearm. He possessed a Glock .40-caliber pistol and ammunition despite a previous conviction for robbery, according to the indictment.

Frost on Sept. 17 possessed a Raven MP-25 pistol and ammunition, despite a previous conviction for drug trafficking. Frost also possessed 17 grams of fentanyl and 2 grams of crack cocaine, according to the indictment.

Campbell is charged with being a felon in possession of a firearm while Williams is charged with aiding and abetting.

Campbell possessed a Smith & Wesson, 9mm pistol, a Taurus, 9mm pistol, and a Century Arms, 7.62 rifle on March 5, 2018, despite a previous federal conviction for racketeering. He was aided and abetted by Essence D. Williams in the possession of these firearms, according to the indictment.

Littlejohn is charged with being a felon in possession of a firearm and ammunition.

Littlejohn possessed a Phoenix Arms, Model HP22A, .22 caliber pistol, and ten rounds of .22 caliber ammunition on Oct. 10, after having been previously convicted of robbery with a firearm specification in 2010 and felonious assault, according to the indictment.

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

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.

The Smart and Smith cases were investigated by the ATF and Akron Police Department and are being prosecuted by Assistant U.S. Attorney Peter Daly. The Littlejohn case was investigated by the Cleveland Metropolitan Housing Authority and ATF and is being prosecuted by Assistant U.S. Attorney Brad J. Beeson. The other cases were investigated by the ATF and are 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.

A Pennsylvania man who was a fugitive was indicted on federal firearms charges.

Shawn Christy, 27, of Macadoo, Pennsylvania, was charged with one count of possession of a firearm and ammunition by a fugitive from justice.

Christy had become a fugitive from justice fleeing from charges out of the Middle District of Pennsylvania for threats against the President and interstate communication of threats. Christy was located in Ohio after an extensive manhunt. Christy was found to be in possession of a firearm and ammunition when he was arrested on Sept. 21, 2018.

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.

The matter is being prosecuted by Assistant U.S. Attorney Teresa Riley following an investigation by the FBI and ATF.

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 26-count indictment was filed today accusing a Newton Falls resident of stealing more than $375,000 from healthcare plans she administered and using the money to pay for personal and business expenses, said Justin E. Herdman, United States Attorney for the Northern District of Ohio.

Pamela S. Priddy, 58, was charged with 22 counts of bank fraud and four counts of theft from a health benefit program. 

In 2010, Priddy started Health Plan Administrators LLC (“HPA”), a company that was a third-party administrator of healthcare plan benefits. It was located in Austintown. Priddy was HPA’s President, founder and owner majority owner.

HPA had several clients that were companies which sponsored self-funded health care benefit plans for their employees.  These companies hired HPA and paid it a fee to administer their benefit plans.  Priddy knew HPA was required by law and by contract to establish individual segregated bank accounts for each of the client companies to hold, in trust, the funds the companies sent to HPA to pay claims from medical service providers, according to the indictment.

From at least January 1, 2012 through November 13, 2013, Priddy diverted and used approximately $377,091.74 of HPA clients’ money in connection with a health care program as general assets of HPA and for Priddy’s personal benefit.  Priddy did so through (a) Company Account Misappropriations and, (b) Health Care Service Provider Refunds Misappropriations.

From on or about January 4, 2012 through on or about January 10, 2013, Priddy obtained approximately $151,568.66 in funds from Company’s accounts. Priddy failed to disclose to the clients that following the termination of their business relationship with HPA the material fact that there were substantial remaining funds in the Company’s client claim accounts.

From on or about January 1, 2012 through on or about November 13, 2013, Priddy misappropriated approximately $225,523.08 of health care service provider refunds.  Health care service providers sent approximately 178 checks representing refunds due to Companies to HPA.  The refunds were due to multiple claim payments, payments made without accounting for network discounts, and payments paid in error by HPA, on behalf of HPA clients, with clients’ health plan assets, as evidenced by multiple Explanation of Benefit forms and refund request letters generated by HPA or refund forms generated by service providers.  The majority of the refunds were due to former clients of HPA and were received after the clients had terminated services with HPA.

Instead of depositing those checks to Companies’ client accounts, crediting clients’ accounts, or refunding the money, Priddy caused those checks to be deposited in HPA accounts and the funds were used for HPA business expenses and Priddy's personal benefit. Priddy failed to disclose to the clients the material fact that HPA received refunds from providers, but those funds were not deposited into the client claims accounts or credited to the client’s bill with HPA.

This case is being prosecuted by Assistant U.S. Attorney Matthew B. Kall following an investigation by U.S. Department of Labor, Office of Inspector General and Employee Benefits Security Administration, and the Federal Bureau of Investigation.

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

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 former labor union official from Portage County was indicted for embezzling nearly $200,000 from the union.

Terry Doan, 60, of Deerfield, was indicted on one count of embezzlement from an employee benefit plan.

Doan was one of six trustees of the Joint Apprenticeship Training Committee of the Heat and Frost Insulators and Allied Workers, Local 84, headquartered in Kent. The group oversaw the training fund and Doan served as financial secretary/treasurer.

Checks over a certain amount required the signature of two trustees, but Doan had that requirement removed in 2012, according to the indictment.

Doan embezzled $195,147 from the union training fund between 2012 and 2017, according to the indictment.

This case is being prosecuted by Assistant U.S. Attorney Mark Bennett following an investigation by the U.S. Department of Labor.

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 Cleveland man was indicted for selling fentanyl and heroin.

Deonte Ayers, 32, was indicted on two counts of distribution of controlled substances and two counts of use of a communication device to facilitate a felony.

Ayers sold 110 grams of fentanyl on Sept. 20 and 46 grams of a fentanyl and heroin mixture on Oct. 3, 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 Drug Enforcement Administration.  The case is being prosecuted by Assistant U.S. Attorney Segev Phillips.

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 Canton woman was indicted today with theft of government funds, said Justin E. Herdman, United States Attorney for the Northern District of Ohio.

JoAnne C. Comstock, 45, fraudulently converted for her own use her uncle’s Title II Retirement Insurance benefits after her uncle passed away. The Social Security Administration was not made aware of the death and continued to pay benefits to a joint account held by Comstock and her late uncle. For nearly four years, Comstock withdrew over $28,000 in federal benefits from the account for which she was not entitled, according to the indictment. 

Special Agent Manuel Muniz from the Social Security Administration Office of the Inspector General conducted the investigation.  Special Assistant U.S. Attorney Payum Doroodian is prosecuting the case.

If convicted, the Court will determine the defendant’s sentence 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.  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.

An Akron man was sentenced to nearly 10 years in prison after ordering 500 grams of a fentanyl analogue from China.

Don A. Maigari, 37, was sentenced to 116 months in prison. Maigari previously pled guilty to possession with the intent to distribute approximately 500 grams of methoxyacetylfentanyl. 

Maigari ordered the fentanyl analogue online from a lab in China.  U.S. Postal Inspectors intercepted the package and replaced the contents with sham product.  Postal inspectors, along with Homeland Security Investigations agents and Akron Police officers conducted a controlled delivery of the package to Maigari on Oct. 13, 2017, according to court documents. 

“This case is a great example of how law enforcement works together every day to reduce the flow of these dangerous drugs from hitting our streets,” U.S. Attorney Justin Herdman said. “This amount of fentanyl analogue is the same as sending a bomb through the mail.”

This case was prosecuted by Assistant U.S. Attorney Aaron P. Howell following an investigation by the U.S. Postal Inspection Service, Homeland Security Investigations and the Akron Police Department.