Northern District of Ohio

The Department of Justice, U.S. Environmental Protection Agency (EPA), U.S. Department of Interior and the state of Ohio announced today that Rutgers Organics Corporation (Rutgers) has agreed to complete the cleanup of the Nease Chemical Superfund Site (site) near Salem, Ohio, estimated to cost $18.75 million.  The agreement is memorialized in a consent decree lodged in federal court today in Youngstown, Ohio.  Under the consent decree, Rutgers also agrees to restore injured natural resources at the site and nearby areas, at a cost of approximately $500,000.   Further, Rutgers will reimburse federal and state agencies their past response and assessment costs of about $1 million.     

“Today’s consent decree is a significant milestone in our efforts to make the environment cleaner and safer for the citizens of Salem and to protect and restore our valuable natural resources in that region” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “I want to thank our state partners, as well as recognize the cooperation of defendant Rutgers, for joining us on a path forward to clean up the contaminated Nease Site while preserving undeveloped land and protecting local drinking water sources.”

"This agreement will undo the damage done in the past while preserving creeks and the watershed for future generations," U.S. Attorney Carole S. Rendon said. 

“This settlement will protect human health and the environment in northeast Ohio by reducing the risk of exposure to potentially harmful chemicals,” U.S. EPA Acting Regional Administrator Robert Kaplan said. “EPA looks forward to working with our federal and state partners to clean up the site and restore the Little Beaver Creek watershed.”

“The US Fish and Wildlife Service is looking forward to continuing the cleanup and restoration of injured natural resources at the Nease Chemical Site,” said Service Deputy Midwest Regional Director Charlie Wooley.  “This settlement enables the Service and other trustees to work together to restore lost resources and protect valuable habitat in the Little Beaver Creek watershed.”

In a complaint filed today simultaneously with the lodging of the consent decree, the federal and state agencies allege that, between 1961 and 1973, portions of the site were owned and operated by a chemical manufacturing plant known as the Nease Chemical Company (Nease Chemical).  Nease Chemical produced specialty products including pesticides such as Mirex, a probable human carcinogen no longer produced in the United States.   Hazardous substances derived from these specialty products were detected in the soil, ground water, sediments and flood plains/wetlands in the area, as well as in the fish in the nearby main surface water body, the Middle Fork Little Beaver Creek.  Rutgers acquired the assets of Nease Chemical, which ceased operations in 1973.  Since 1988, Rutgers has cooperated with EPA to investigate and clean up the site.

Under the consent decree, Rutgers will complete EPA’s Operable Unit 2 remedy at the site by, among other things, capping soil and treating the ponds and ground water.  Rutgers will also complete EPA’s Operable Unit 3 remedy at the Site, by, among other things, removing contaminated sediment and floodplain soil and replacing with clean material.  The total cleanup, including long term operations and maintenance, is estimated to cost $18.75 million.

The contamination released from the chemical plant over time has injured natural resources in and around the site, including the underlying groundwater aquifers which have become unusable as a source of potable water.  As part of the settlement, Rutgers will remove a low-head dam, known as the Lisbon Dam on the Middle Fork Little Beaver Creek, and restore adjacent streamside habitat.   Those projects, estimated to cost up to $150,000, are expected to help establish a free-flowing stream with a healthy and diverse fish population. 

Rutgers will also fund a $366,000 trust to conserve a variety of lands in the Little Beaver Creek watershed, especially lands that are subject to pressures from new development in the area, to help provide valuable habitat.  The trust will also seek to conserve property to protect local drinking water source areas from further contamination.    

Further, Rutgers will reimburse the federal and state agencies for their past response and assessment costs, totaling approximately $1 million, and agrees to fund all future oversight and assessment costs. 

“This settlement will help protect the environment and Ohio families,” Ohio Attorney General Mike DeWine said. “It requires the cleanup of a long-contaminated site and the restoration and preservation of natural resources.”

“About 280-acres of habitat were contaminated by hazardous substances injuring surface and ground waters at the former Nease Chemical site,” according to Ohio EPA Director Craig W. Butler. “Healthy streams and waterways are critical to Ohio’s citizens and our economy. This consent decree is a welcome step forward after many years of work to bring the area stream habitats back to healthy, functioning waterways and protecting drinking water resources into the future.“

Today’s settlement, lodged with the U.S. District Court for the Northern District of Ohio, is subject to a 30-day public comment period following notification in the Federal Register and final approval by the court.  To view the consent decree or to submit a comment, visit the department’s website: www.justice.gov/enrd/Consent_Decrees.html.

For more information about the Nease Site: https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0504619]

A three-count criminal information was filed charging a Waterville man with embezzling hundreds of thousands of dollas from Construction Contractors Employer Group LLC, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

William H. Cook, III, 66, was charged with one count each of conspiracy, wire fraud and mail fraud.

Cook was president of AlphaCare Services Inc., which handled day-to-day operation of Construction Contractors Employer Group LLC. CCEG was formed in 2001 to collect, process and pay employment expenses of its members, such as payroll and worker’s compensation premiums. CCEG’s members were general contractors from Northwest Ohio, according to the information.

Instead of using the members’ money to pay designated expenses, Cook used much of it for his personal benefit. He did this by transferring CCEG funds into AlphaCare Services accounts and then writing checks payable to himself and others. He then used those funds for personal gain, according to the information.

For example, between September 2011 and June 2012, Cook caused wire transfers from CCEG’s account to AlphaCare’s account in excess of $200,000, according to the information.

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 Federal Bureau of Investigation, in Sandusky, Ohio.  The case is being handled by Assistant United States Attorney Gene Crawford.           

An information 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 Youngstown man was sentenced to more than 21 years in prison for traveling across state lines to engage in illegal sexual activity, law enforcement officials said.

David Guevara, Sr., 35, was sentenced to 262 months in prison by U.S. District Judge Christopher Boyko.

Guevara met a 15-year old girl in July 2015 and began a sexual relationship with her. Initially, Guevara would have sex with the minor in a tent under a Youngstown bridge.  On July 31, 2015, Guevara purchased travel arrangements to move them to Philadelphia. During their trip and once they arrived in Philadelphia, Guevara Sr. continued to engage in sexual intercourse with the minor, according to court documents.

Guevara was originally interviewed by local law enforcement on December 14, 2015.  He admitted to engaging in a sexual relationship with the minor and traveling with her to Philadelphia, even though he knew that she was just 15 years old.  Guevara also stated that it was his intent to have a child with the minor and to move her and the baby to Mexico, according to court documents.

This case was investigated by the Federal Bureau of Investigation Youngstown Resident Agency, the Mahoning County Sheriff’s Office, and the Youngstown Police Department.  It was prosecuted by Assistant U.S. Attorney Benedict S. Gullo. 

Two men from Mexico were charged in U.S. District Court after law enforcement personnel seized more than 200 pounds of cocaine in Cleveland.

Antonio Navarro-Gaytan and Alejandro Cota-Luna are scheduled to appear in federal court Wednesday afternoon. They have been charged with conspiracy to possess with intent to distribute cocaine.

“Taking more than 200 pounds of cocaine off the streets helps make our community safer and stronger,” U.S. Attorney Carole S. Rendon said. “The DEA, Cleveland Police and all the law enforcement agencies that worked on this case did an outstanding job.”

DEA Special Agent in Charge Timothy J. Plancon said: “This is one of the largest cocaine seizures in Ohio in the past decade. Disrupting the flow of illegal drugs into our communities, and stopping the distribution of those drugs continues to be DEA and our partners’ top priority.  A seizure of cocaine this large, should also serve as a reminder that cocaine is dangerous and deadly, and continues to be a major drug of abuse in our society.”  

“The hard work and dedication of many officers and agents from multiple law enforcement agencies can be seen in the outcome of this thorough investigation,” said Cleveland Police Chief Calvin Williams. “This large-scale seizure means less drugs on our streets and makes our community safer. I am proud of the partnership that the Cleveland Division of Police shares with our law enforcement partners.”

“I am extremely proud of this task force, specifically the work of our assigned deputy,” said Cuyahoga County Sheriff Clifford Pinkney. “Large busts such as this underscore the importance of collaboration between federal, state, and local law enforcement agencies, and demonstrates the strong relationships we have in here Northeast Ohio.”

According to an affidavit filed today in federal court:

DEA agents received information on Sept. 2 that a semi tractor-trailer with California license plates was expected to come to the Cleveland area from the Baltimore area to deliver drugs or pick up money associated with drug dealing. They located the tractor in a fenced lot at a large commercial building at 17877 St. Clair Ave.

Investigators observed a Nissan sedan occupied by the defendants pull into the parking lot of the building. The defendants then appeared to work on the trailer and then take items from the trunk of the Nissan and put them in the trailer.

Navarro-Gaytan and Cota-Luna then went to a nearby gas station, then headed westbound on Interstate 90, where they were pulled over for speeding and eventually arrested. A subsequent search of the trailer 92 rectangular bricks, each containing approximately one kilogram of cocaine.

This case is being prosecuted by Assistant U.S. Attorney Duncan Brown following an investigation by the Drug Enforcement Administration, Cleveland Division of Police, Ohio State Highway Patrol, Cuyahoga County Sheriff’s Department, Cleveland Heights Police Department, Ashtabula County Sheriff’s Office, Summit County Drug Unit, Lake County Narcotics Agency, Lorain County Drug Task Force and Homeland Security Investigations.

If convicted, the defendants’ sentences 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.

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

A Cleveland woman sentenced to three years in prison for filing false income tax returns on behalf of friends and relatives and fraudulently claiming more than $131,000, said U.S. Attorney Carole Rendon and Kathy Enstrom, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, Cincinnati Field Office.

Monique Kirk, 39, held herself out as a tax preparer and offered to prepare returns from friends and relatives. Kirk used the personal information they provided to file false and fictitious returns, including false wage income and tax credit information, many for claimants who earned little or no money, according to court documents.

Kirk requested some of the refunds be paid by direct deposit into bank accounts in the name of third parties that she controlled. Kirk converted his money to her own personal use, according to court documents

Kirk filed 21 false tax returns between 2012 and 2014 in which she claimed approximately $131,871 in tax refunds to which neither she nor the claimants were entitled. She was ordered to pay $122,501 in restitution.

“IRS Criminal Investigation stands ready to investigate anyone who would put a taxpayer at risk for a quick profit and unjustly enrich themselves by preparing false claims for refunds,” Enstrom said.

This case was prosecuted by Assistant U.S. Attorney M. Kendra Klump following an investigation by the IRS-CI.

A Parma man was convicted of sexually exploiting a 14-year-old girl, said U.S. Attorney Carole S. Rendon and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.

Richard Purnell, 54, was convicted by a jury of sex trafficking of children. He is scheduled to be sentenced on Dec 13.

“Those who prey on our children, whether selling them or buying them, will be prosecuted to the fullest extent the law allows,” Rendon said. “We are gratified Judge Adams ordered the defendant into custody so he can continue serving what we expect will be an appropriately lengthy prison sentence.”

“Purnell chose to repeatedly victimize a 14-year-old girl for his own sexual gratification without any regard for what is legally or morally acceptable," said Special Agent in Charge Stephen D. Anthony of the FBI Cleveland Division. "His actions are reprehensible and unacceptable. The FBI will continue to work with our law enforcement partners to aggressively pursue and bring to justice those who engage in human trafficking.”

Purnell repeatedly engaged in commercial sex acts with the 14-year-old, whose images were posted on the website backpage.com by Ronnie Pratt, according to court documents and trial testimony.

Pratt has pleaded guilty to sex trafficking charges and is awaiting sentencing.

Purnell continued to engage in commercial sex acts with the girl even after she told him she was only 14 years old, according to trial testimony.

This case was prosecuted by Assistant U.S. Attorneys Bridget M. Brennan and Linda Barr following an investigation by the FBI’s Child Exploitation Task Force. The Child Exploitation Task Force is comprised of the FBI, Adult Parole Authority, Cleveland Metro Housing Authority, Cleveland Police Department and Cuyahoga County Sheriff’s Office.  The Parma Police Department provided substantial assistance to the successful investigation. 

A Cleveland dentist was sentenced to a year in prison and ordered to pay nearly $344,000 in restitution for fraudulently billing Medicaid for more work that not authorized or never done, said Carole S. Rendon, law enforcement officials said.

Robert Rouzaud, 60, was previously found guilty of healthcare fraud.

He operated Five Points Dental Centre on East 152nd Street. Rouzaud submitted claims on behalf of Medicaid recipients for services that were not pre-authorized, as required, and/or not provided. This took place between 2009 and 2015, according to court documents.

For example, Rouzaud billed for an excessive number of fillings on the same teeth, when he had not done fillings, filed claims for fillings on teeth that had been previously extracted, and submitted claims for fillings on patients who had dentures, according to court documents.

Rouzaud submitted false claims totaling $407,982 for services he did not provide between 2009 and 2015. He was paid nearly $344,000 for these services, according to court documents.

“This dentist’s fraudulent actions were egregious, and he deserves to go to prison for stealing from taxpayers,” U.S. Attorney Carole S. Rendon said.

“Robert Rouzaud stole money from a federal health care program intended to assist the most vulnerable in our society, the disabled and the poor, and today he paid the price for those actions,” said Lamont Pugh III, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General, Chicago Region. “HHS/OIG and our law enforcement partners will work tirelessly root out those providers who ‎steal from the Medicaid program.”

This case was prosecuted by Assistant U.S. Attorney Michael Collyer following an investigation by the FBI, the Department of Health and Human Services -- Office of Inspector General and the Ohio Attorney General's Office.

 A Painesville man was indicted on child pornography charges, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Lauden A. Sullivan, 21, was charged with receiving, distributing, and possessing visual depictions of minors engaged in sexually explicit conduct. From January 4, 2015, through on or about January 21, 2016, Sullivan knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct.  It is further alleged that on or about January 22, 2016, Sullivan possessed a CM Storm Tower computer that contained child pornography, to include at least one image involving a prepubescent minor or a minor who had not attained 12 years of age, 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 United States Attorney Benedict S. Gullo.  The case was investigated by the Federal Bureau of Investigation.

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

Four people from Northeast Ohio were named in 23-count federal indictment, charged with conspiring the distribute more than a kilogram of heroin as well as fentanyl, law enforcement officials said.

Indicted are: Kevin Adkins, 41, of Maple Heights; Darrell Massingille, 36, of Cleveland; Tammy Parsons, 29, of North Ridgeville, and Jack Morgan, 50, of Cleveland.

The conspiracy took place between July 2015 and March 2016. Adkins supplied heroin to Massingille. He also relied on Massengille and Parsons to arrange meetings with other people to whom they could sell them heroin and fentanyl, according to the indictment.

Adkins also supplied heroin to Morgan, who in turn sold it to other people. Both Adkins and Morgan possessed firearms and ammunition in furtherance of the conspiracy, according to the indictment.

“We will continue to work to disrupt the supply of heroin and fentanyl coming into our community while also focusing on prevention, treatment and education in an effort to reduce demand for these deadly drugs,” said U.S. Attorney Carole S. Rendon.

This case is being prosecuted by Assistant U.S. Attorneys Christian M. Stickan and Duncan Brown following an investigation by the Drug Enforcement Administration and the U.S. Marshals Service.

If convicted, the defendants’ sentences 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 Toledo man was sentenced to five months incarceration and ordered to pay $121,156 in restitution for theft of government property, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Antonio Estrada, 66, took veterans pension benefits to which he was not entitled, according to court documents.

“Those who defraud the taxpayers and steal from fellow veterans will be held accountable,”  said Gavin McClaren, United States Department of Veterans Affairs – Office of Inspector General, Resident Agent in Charge, Cleveland.

The investigating agency in this case is the Department of Veterans Affairs, Office of Inspector General, Cleveland, Ohio.  The case is being handled by Assistant United States Attorney Noah P. Hood.

A Cleveland attorney was sentenced to nearly four years in prison for accepting $20,000 in purported drug proceeds and agreeing to launder the money, said Carole Rendon, Acting U.S. Attorney for the Northern District of Ohio.

Matthew J. King, 45, was convicted earlier this year of one count of attempted money laundering and two counts of money laundering following a weeklong jury trial. U.S. District Judge Donald C. Nugent sentenced King to 44 months in prison

King accepted $20,000 in cash purported to be the proceeds of the sale of narcotics. He then wrote two checks totaling $4,000 in early 2014, according to trial testimony and court documents.

This case was prosecuted by Assistant U.S. Attorneys Michelle M. Baeppler and Margaret A. Sweeney following an investigation by the Northern Ohio Law Enforcement Task Force. The NOLETF is a task force comprised of investigators from the Federal Bureau of Investigation, Cleveland Division of Police, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, Cuyahoga County Sheriff’s Office, Ohio Bureau of Criminal Investigation and the police departments of Cleveland Heights, Euclid, Lakewood, the Regional Transit Authority, Westlake and Shaker Heights. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area initiatives, which supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.

Two Akron men were charged in a federal indictment with attempted murder and related charges for shooting a woman in the Cuyahoga Valley National Park, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.

DeZay M. Ely, 27, and Raymond T. Moore III, 26, are both charged with attempted murder and using and discharging a firearm during a crime of violence. Ely is also charged with being a felon in possession of ammunition. 

Ely and Moore attempted to kill a woman on July 3 by shooting her in the head, according to court documents.

Attempted murder carries a maximum potential penalty of 20 years in prison.  The charge of using and discharging a firearm during a crime of violence carries a mandatory minimum consecutive term of 10 years in prison. 

If convicted, a 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 case is being prosecuted by Assistant U.S. Attorneys Kevin Filiatraut and Kelly L. Galvin following an investigation by the FBI and Cuyahoga Valley National Park Police. 

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 Millersburg man was charged in a seven-count indictment with crimes related to fraudulently claiming more than $1.1 million in tax refunds to which he was not entitled, said U.S. Attorney Carole Rendon and Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

Dennis Dean Miller was indicted on six counts of false claims and one count of obstructing internal revenue laws.

Miller falsely reported that financial institutions had withheld large amounts of federal income tax on income that did not exist in reality. He falsely filed for tax refunds of $1,121,420 for tax years 2006 through 2011, according to the indictment.

"Mr. Miller unlawfully manipulated the tax code for his own personal gain, reaping hundreds of thousands of dollars in fraudulently procured tax refunds," Enstrom said. “Taxpayers thinking about engaging in tax defier conduct, such as filing IRS Forms 1099-OID, Original Issue Discount, to avoid their federal tax obligations should think twice.”

This case is being prosecuted by Assistant U.S. Attorney Henry F. DeBaggis following an investigation by the IRS.

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.

Seven people were named in a 79-count indictment for their roles in a conspiracy to traffic crack and powder cocaine in and around East Liverpool, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Indicted are: Brady Carmichael, 26, of Columbus; Bryan Carmichael, 27, of Columbus; Guy Dorsey, 54, of Wellsville; Katie Riley, 26; Jacqueline Riley, 30; Phyllis Chamberlain, 55, and Allana Baker, 30, all of East Liverpool.

It was part of the conspiracy that the Carmichaels and Katie Riley transported cocaine from the Columbus area to East Liverpool between June and July 2016. The Carmichaels and Riley would then convert the cocaine into crack cocaine for redistribution around the East Liverpool area, according to the indictment.

The Carmichaels and Katie Riley supplied crack cocaine to Baker, Chamberlain and Dorsey for redistribution around the East Liverpool area. The defendants used cellular telephones, code words and phrases to facilitate their drug trafficking activities, according to the indictment.

The investigation preceding the indictment was conducted by the Drug Enforcement Administration and the Columbiana County Drug Task Force. The case is being prosecuted by Assistant United States Attorney David M. Toepfer.

If convicted, the defendants’ sentences 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 nine-count federal indictment was filed charging an Elyria man with selling heroin and fentanyl, including a dose of fentanyl that caused the fatal overdose of a Lorain County man, law enforcement officials said.

David Andrew Hollis, 27, sold heroin or fentanyl several times between October 2015 and March 2016. He sold fentanyl on Feb. 21 to a man who fatally overdosed in Lorain County, according to the indictment.

“We will continue to hold drug dealers who sell heroin and fentanyl accountable for the deaths and misery they cause,” said U.S. Attorney Carole S. Rendon. “It will take aggressive enforcement, combined with prevention efforts and making treatment available to those who want help, to turn the tide on the opioid epidemic.”

"We are committed to aggressively pursue heroin and fentanyl traffickers and organizations that are creating the drug epidemic that our communities face every day," Lorain County Sheriff Phil R. Stammitti said.

The U.S. Attorney's Office has filed 15 indictments related to sales of heroin or fentanly that directly resulted in deaths since the beginning of last year.

This case is being prosecuted by Assistant U.S. Attorneys Marisa Darden and Robert Corts following an investigation by the Lorain County Drug Task Force.

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 Barberton man was indicted for immigration fraud for failing to disclose his participation in the Srebenica massacre, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio and Marlon Miller, Special Agent in Charge of HSI’s Detroit office.

Oliver Dragic, 41, was named in the three-count indictment, charged with one count of possession of a fraudulently obtained green card, attempt to procure naturalization contrary to law and attempt to procure naturalization to which he was not entitled.

The indictment alleges Dragic failed to disclose his paramilitary police service for the Republika Srpska, a rogue state unrecognized by the international community that attempted to create an ethnically pure Serbian nation within the ethnically-mixed territory of the Yugoslav Republic of Bosnia-Herzegovina.  Dragic completed police training in Serbia in 1994 and returned to Bosnia, where he voluntarily joined a special police unit that joined in Republika Srpska’s army during military operations, according to the indictment.

Dragic failed to disclose his participation in the Srebrenica genocide, where he and his paramilitary police unit performed actions in the surrounding wilderness to prevent victims from escaping the massacre in July 1995, according to the indictment.  

Dragic applied for refugee status in the U.S. in May 1998, claiming he was a victim of the Bosnian war. He continued serving with the Republika Srpska police until November 1998. He made numerous false statements on his refugee application, according to the indictment.

“The United States stands as a beacon for those fleeing oppression and atrocities, not those who committed them,” Rendon said. “This defendant lied about his involvement in a horrific war crime and will be held accountable for those lies.”

“The investigation, prosecution, and ultimate removal of individuals like Dragic are paramount to the mission of Homeland Security Investigations and to the safety our communities,” Miller said.  “The United States is not a safe haven for war criminals.”

Assistant U.S. Attorney Matt Cronin is prosecuting the case following an investigation by HSI Special Agent Brett Bangas and Historian Michael MacQueen.

Members of the public who have information about foreign nationals suspected of engaging in human rights abuses or war crimes are urged to contact HSI by calling the toll-free tip line at 1-866-347-2423 or internationally at 001-1802-872-6199.  They can also email HRV.ICE@ice.dhs.gov.

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.  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 Stark County man was indicted on charges that he knowingly transferred false identification documents, such as counterfeit Social Security cards and counterfeit state identification cards, knowing that said items were produced without lawful authority, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Domingo Ralios, 33, of Stark County, Ohio, was charged in a one-count indictment with knowingly transferring false identification documents, U.S. Attorney Carole S. Rendon said.

Ralios sold counterfeit Social Security cards and state identification cards to a confidential source for several hundred dollars each on at least two occassions this year. The counterfeit documents contained stolen names and Social Security account numbers, according to the indctment.

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 Department of Homeland Security, Immigration and Customs Enforcement.  The case is being prosecuted by Assistant United States Attorneys Karrie Howard and Robert Kern.

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.

An Oregon man was charged with cyberstalking and other offenses for making numerous threats to his former co-workers and law enforcement officials.

Michael A. Hagar, 46, was charged with one count of cyberstalking and two counts of interstate threatening communication.

Hagar was employed at a Goodyear store in Salem, Oregon, from 2011 through 2013. He was employed by Eaton in Portland, Oregon, from 2014 through 2015. He was involuntarily terminated from both positions, according to the indictment.

Hager sent numerous threatening e-mails to at least seven former co-workers at Eaton and Goodyear in 2015 and 2016, as well as threatening emails to law enforcement officials in Oregon. The e-mails he sent traveled through Eaton and Goodyear data centers in Northeast Ohio, according to the indictment.

In 2016, Hagar was personally served with a temporary stalking protective order ordering him to stop any contact with an Eaton employee identified as R.G. He was also arrested for trespassing on Goodyear property in Oregon, according to the indictment.

On May 30, 2016, he sent an email to R.G. and Oregon law enforcement officials with the subject line: “I AM GOING TO RUIN EVERYONE OF YOU(R) LIVES,” according to the indictment.

This case is being prosecuted by Assistant U.S. Attorneys Daniel J. Riedl and Om Kakani following an investigation by the FBI.

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.

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

As stated in the criminal enforcement agreement, Buffalo-based Cannon has:

• accepted legal responsibility for the criminal conduct of its employees.
• agreed to pay a monetary penalty to the United States of $12 million.
• agreed to fully cooperate with the United States.
• agreed to divest itself of any involvement in the design of the VA West Los Angeles project, which the VA awarded to a joint venture including Cannon.
• made company-wide revisions and enhancements to its compliance program, internal controls, policies and procedure to detect and deter fraud.

William D. Montague, the former director of the Cleveland Veterans Affairs Medical Center, was sentenced earlier this year to nearly five years in prison after being found guilty of 64 counts, including Hobbs Act conspiracy, conspiracy to commit honest services mail fraud, violating the Hobbs Act, money laundering, multiple counts of wire fraud, mail fraud, disclosing public contract information and other charges.

Cannon executive Mark Farmer was sentenced to nearly three years in prison after a federal jury convicted him on 14 counts related to providing things of value to Montague in exchange for confidential information about VA construction projects.

According to court documents:

Montague served as director of the Cleveland VA Medical Center from 1995 through 2010. In 2011, Montague began working as director of the Dayton VA Medical Center.

From January 2010, Montague, Farmer and Cannon conspired to defraud the VA of its right to the honest and faithful service of Montague through bribery and kickbacks and to defraud the VA and other potential VA contractors by means of false and fraudulent pretenses.

Montague secretly used his position as Dayton VA Medical Center director to enrich himself by soliciting and accepting gifts, payments, and other things of value from Cannon in exchange for favorable official actions. He solicited money and a consulting contract from Cannon in exchange for information related to VA contracts and projects, which would benefit Farmer, Cannon and others.

This was done to give Cannon an advantage in obtaining VA contracts and projects. Montague gave false and misleading information to VA employees about his reasons for requesting VA documents and information.

For example, on March 1, 2011, Cannon issued a $20,000 check to Montague. Ten days later, Farmer sent an e-mail to some employees with Montague’s consulting agreement explaining: “His job is to help us bring in more work from the VA, in part by helping us access key decision makers. On March 14, 2011, Farmer sent another e-mail to some employees stating Cannon will end the current “$15 [million VA] IDIQ contract with just slightly over $12M in sales. $3M in fee, therefore, will be left on the table…[O]ne of MONTAGUE’s jobs will be to fill up the bucket by directing task orders toward our contract, Going forward, we have two $15M buckets to fill (Central and Eastern regions). That’s a lot of shoveling to get to $30M…BILL has the relationships to help us maximize the contracts…On the VA ‘major construction’ front here is the list of medical centers and their approximate construction cost in the pipeline: West Los Angeles, CA: $750M; San Francisco, CA: $125M, Reno, NV: $115M, Alameda, CA: $225M. Montague told us about these before they were advertised, which has allowed us to get an early start in developing the team. If we bring him on board, he can help us pull in one or two of these large projects.”

“Companies must never benefit by using public officials to obtain a competitive business advantage,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office. “The FBI will continue to root out corruption at all levels.”

“This meaningful agreement holds the corporation accountable for the conduct of its leadership,” said Michael J. Missal, Inspector General, U.S. Department of Veterans Affairs, Office of Inspector General (VA OIG).  “A $12 million penalty along with 90 months of prison time for related case subjects is a strong deterrent against defrauding VA.  We will continue to diligently and aggressively pursue fraud, waste, and abuse for the benefit of our nation’s heroes.”

The case was prosecuted by Assistant United States Attorneys Antoinette T. Bacon and Paul Flannery following an investigation by the FBI and United States Department of Veterans Affairs-Office of Inspector General.

A federal grand jury issued a four-count indictment charging Justin Roman, 26, of California, with trafficking multiple kilograms of cocaine into the Cleveland area, said Carole S. Rendon, United States Attorney for the Northern District of Ohio. 

Law enforcement officials allege Roman distributed approximately three kilograms of cocaine for distribution in the Cleveland area through the mail. 

Roman is also charged in the District of New Jersey for similar conduct.

Assistant U.S. Attorney Matt Cronin is prosecuting the case following an investigation by the United States Postal Inspection Service.

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.  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 Marion men were sentenced to prison for selling a mixture of heroin and fentanyl that resulted in an overdose death last year, law enforcement officials said.

Eric Creagh, 33, was sentenced to more than 15 years in prison while Rashawn D. Thomas, 28, was sentenced to nine years in prison. Both previously pleaded guilty to one count of drug trafficking that resulted in death.

Creagh sold Thomas “blue drop heroin” -- a mixture of heroin and fentanyl that had been dyed blue -- on May 22, 215. Later that day, Thomas sold a portion of the “blue drop heroin” to Christopher Wolford, who used the drug at his home, which ultimately caused him to overdose and die, according to court documents.

“Heroin and fentanyl abuse have been devastating to the community in Marion, as it has to communities throughout Ohio,” U.S. Attorney Carole S. Rendon said. “We will continue to pursue long prison sentences for those who sell this deadly mix, while also continuing with a comprehensive approach focused on prevention, treatment, changing prescribing practices and enforcement.”

“On May 28, 2015 the City of Marion reached out to our federal and state partners asking for assistance with a Blue Drop Heroin overdose epidemic,” Marion Police Chief William Collins said. “Through combined efforts of our local drug task force, MARMET/METRICH, DEA, BCI and the US Attorney’s Office, an unprecedented 14-day investigation took place and resulted the arrests of Eric Creagh and Rashawn Thomas. These individuals were charged at the federal level in hopes that they would receive the kind of prison sentence that would fit the criminal offense, today we see our hopes fulfilled in that they will serve long prison sentences for their crimes against this community. Marion law enforcement will continue to seek harsh prison sentences for those whom seek to destroy our community.”

DEA Special Agent in Charge Timothy J. Plancon said: “DEA and our law enforcement partners have made it a priority to investigate the distribution of drugs that result in death. The efficiency in which this investigation was conducted, taking dangerous drug dealers off of the street, demonstrates the strong level of cooperation among all of our partners.  We are focused on bringing to justice those individuals that are responsible for the increasing heroin problem in Ohio and across the United States.” 

“I commend the work of the local, state, and federal authorities who worked so aggressively to get the supplier of this so-called ‘blue drop’ heroin off the streets,” said Attorney General DeWine.  “Drugs like heroin and fentanyl are devastating lives and tearing families apart every day in this state.  Traffickers must be held responsible, and investigators with my office’s Bureau of Criminal Investigation are available to work with local authorities anywhere in Ohio to help make that happen.”

This case was prosecuted by Assistant U.S. Attorneys Michael Freeman and Thomas Weldon following an investigation by the Drug Enforcement Administration, MARMET, the Marion Police Department, the Marion County Sheriff's Office and the Ohio Bureau of Criminal Investigation.

Five Lorain County men were indicted in federal court for selling heroin and/or fentanyl that resulted in overdoses.

Three of the overdoses were fatal while the users were revived in the other two cases. All five indictments carry sentencing enhancements for selling drugs that resulted in death or serious bodily injury.

Those indicted are: Delante Lunn, 36, of Elyria; Russell Davis, 47, of Lorain; Cecil Shelton, 22, of Elyria; Jesus D. Cruz, 35, of Elyria, and Leon Hale, 35, of Elyria.

The indictments were announced by U.S. Attorney Carole S. Rendon, FBI Special Agent in Charge Stephen D. Anthony, Elyria Police Chief Duane Whitely, Lorain County Prosecutor Dennis Will and Lorain Police Capt. Roger Watkins.

Lunn is charged in a five-count indictment with distributing heroin and fentanyl, including on Feb. 18, when he sold a heroin and fentanyl mixture in Elyria that resulted in a fatal overdose, according to the indictment.

Davis is charged in a two-count indictment with distributing fentanyl and cocaine. Davis sold fentanyl in Lorain on March 7 that resulted in a fatal overdose, according to the indictment.

Shelton is charged in a four-count indictment with distributing heroin, including selling heroin on March 18 in Elyria that resulted in a fatal overdose, according to the indictment.

Cruz is charged in a six-count indictment with distributing fentanyl and heroin, as well as being a felon in possession of firearm. Cruz sold drugs several times in March, including on March 2 in Elyria, which resulted in a fentanyl overdose. He also illegally possessed a .357 revolver despite a prior conviction for heroin trafficking, according to the indictment.

Hale is charged in a four-count indictment with distributing heroin, fentanyl and cocaine. Hale sold heroin and fentanyl on Feb. 21 in Elyria that resulted in an overdose, according to the indictment.

In an unrelated case, Ryan Sumlin, 27, of Akron, was charged in a superseding indictment with selling a mix of heroin and fentanyl that caused a fatal overdose in Akron on March 28, 2015. The U.S. Attorney’s Office has now indicted 16 cases with enhanced sentencing provisions for selling heroin or fentanyl that caused death or serious injury.

“Aggressively targeting dealers who sell heroin and fentanyl that kills people is one of several tools required to turn the tide on the opioid epidemic,” Rendon said. “We need to continue to work to make treatment more available to those who want help, work with our medical community to decrease the availability of opioids, and talk to our children about how dangerous these drugs can be.”

“It is almost a daily occurrence to hear of a death due to heroin or fentanyl,” Anthony said. “Law enforcement will continue to work collaboratively to hold accountable those that bring this poison and destruction to our communities.”

“The entire country is dealing with a surge of overdose deaths as a result of the heroin epidemic,” Whitely said. “Lorain County Ohio is no exception.  Lorain County law enforcement agencies have been attacking this epidemic for several years.  Selling drugs that result in the someone's death needs to be pursued as a murder.  It is no different than killing someone with a gun.  Our relationship with the U.S. Attorney's Office has proved to be a winning partnership. By working together, we are able to put these murderers in prison for a long time.”

“The City of Lorain is well aware of the urgent need to combat the heroin and fentanyl crises which plagues our city, and communities throughout this area,” Watkins said. “Today’s indictments are a step in the right direction. We will continue our proactive efforts, while working together with our local, state, and federal partners, to combat this epidemic.”

These cases are being prosecuted by Assistant U.S. Attorneys Robert F. Corts and Vasile Katsaros following investigations by the FBI, Elyria Police Department and Lorain Police Department. The Sumlin case was investigated by the Drug Enforcement Administration and Akron Police Department.

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.

The leader of a multi-state conspiracy that distributed heroin, cocaine and methamphetamine while he was an inmate inside an Ohio prison was sentenced to more than six years in prison, law enforcement officials said.

Fernando Auces, 52, was sentenced to 78 months in prison by U.S. District Judge James Gwin.

Auces, while an inmate at Allen Correctional Institute in Lima, Ohio, controlled a multi-state drug operation by communicating through a contraband cell phone with others outside the prison to arrange the delivery and sale of heroin, cocaine and methamphetamine, according to court documents.

Between 2010 and 2014, Auces and others arranged for deliveries of large amounts of heroin to Ohio from suppliers in Indiana and Texas. Auces recruited friends and relatives to receive and distribute the heroin, cocaine and methamphetamine to Cleveland, Toledo and elsewhere, according to court documents.

Auces, as part of the conspiracy, agreed with an inmate at the Southern Ohio Correctional Facility in Lucasville, Ohio, to share customers and drug suppliers. Auces arranged for Alexander Gonzales to distribute drugs to various locations throughout Ohio, including Cleveland, Akron/Canton, Dayton and Cincinnati, according to court documents.

“This defendant added more time onto his sentence, and the drug ring he ran from prison has been disrupted,” said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

“Refuge from law enforcement can't be found behind a prison wall,” said Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office. “The Northern Ohio Law Enforcement Task Force will continue to bring to justice drug dealers that distribute pois0n to our streets, no matter where they reside."

“Our collective enforcement efforts in this investigation have effectively shut down an operation that allegedly funneled copious amounts of illegal drugs into the community," Marlon Miller, Special Agent in Charge of HSI Detroit, which covers Michigan and Ohio. "This sentence is the culmination of an extensive multi-agency approach to combating drug trafficking organizations."

This case is being prosecuted by Assistant U.S. Attorneys Vasile C. Katsaros and Christian H. Stickan following an investigation by the Northern Ohio Law Enforcement Task Force. The NOLETF is a task force comprised of investigators from the Federal Bureau of Investigation, Cleveland Division of Police, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, Cuyahoga County Sheriff’s Office, Ohio Bureau of Criminal Investigation and the police departments of Cleveland Heights, Euclid, Lakewood, the Regional Transit Authority, Westlake and Shaker Heights. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area initiatives, which supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.

A Carroll County man was sentenced to prison for failing to register as a sex offender, said U.S. Attorney Carole S. Rendon and U.S. Marshal Peter J. Elliott.

Louis Scott, 45, was sentenced to 30 months in prison by U.S. District Judge Donald C. Nugent.

Scott was convicted in Tulsa County District Court in May 2011 of second-degree rape.  As a result of that conviction he was subject to the sex offender registration requirements of the Adam Walsh Child Protection and Safety Act, according to court documents. 

In January 2016 U.S. Marshals Service investigators learned that Scott was no longer at his registered address in Oklahoma and was residing in the 100 block of 12th St. NW, in Carrollton, Ohio, according to court documents.

He was arrested by the US Marshals Northern Ohio Violent Fugitive Task Force on January 15th, 2016.

“Too often sex offenders believe they can avoid their requirements to register by moving from state to state and living under the radar,” said Peter J. Elliott, U.S. Marshal for the Northern District of Ohio. “The combined efforts of the Carroll County Sheriff’s Office, the U.S. Marshals Service and Oklahoma law enforcement made this arrest possible.”

This case was prosecuted by Assistant U.S. Attorney David M. Toepfer following an investigation by the U.S. Marshal Service and the Carroll County Sheriff’s Office.

The City of Cleveland and the United States Attorney’s Office for the Northern District of Ohio are seeking qualified applicants to serve on the Cleveland Community Police Commission (CPC).

The CPC is a 13-person body created as part of the agreement between the City and the Justice Department to foster police and community communication and understanding and to provide input on reform. It is made up of 10 civilian representatives and one representative from each of the three police unions: the Cleveland Police Patrolmen's Association, the Fraternal Order of Police and the Black Shield.

The appointed members include representatives of faith-based organizations, civil rights advocates, business/philanthropic groups, organizations representing communities of color, advocacy organizations, youth or student organizations, academia and individuals with expertise in the challenges facing people with mental illness or the homeless.

Commission members are picked by an independent Selection Panel appointed by Mayor Frank G. Jackson, in consultation with the U.S. Attorney. The Selection Panel will recommend new CPC members, who will be appointed by the Mayor. The members serve in a volunteer capacity. Applicants to the CPC must live or work in the City of Cleveland.

Applications are due by noon September 6, 2016. For more information about how to apply to become a member of the Cleveland Community Police Commission, go to: http://cpcapplication.org/.

For more information about the CPC’s work, go to: http://www.clecpc.org/

A Lakewood man was sentenced to a year in custody and ordered to pay nearly $1.8 million restitution and fines for taking improper write-offs and not reporting taxable income, said Carole S. Rendon, United States Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

Thomas G. Klocker, 47, was previously found guilty of four counts of tax evasion. U.S. District Judge James Gwin sentenced Klocker to six months incarceration followed by six months of home confinement. Klocker was fined $500,000 and has paid nearly $1.3 million in restitution to the IRS.

“This defendant tried to take the government on a ride by claiming costs associated with cruises on his luxury yacht as business expenses,” Rendon said. “Now he has to pay up, both financially and with his freedom.”

“Tax evasion is not a victimless crime," Enstrom said. "We all pay when others swindle the government.  Tax evasion and tax fraud of this magnitude and with this degree of trickery, dishonesty and deceit, deserves to be punished."

Klocker was the sole shareholder and operator of All Metal Sales (AMS) in Westlake. He also operated TT Charter Leasing, which was in the business of chartering the luxury yacht “Tommy Time”, according to court documents.

Klocker diverted corporate funds from AMS for his own use to benefit his personal lifestyle and avoid personal income liabilities between 2007 and 2010. For example, Klocker diverted funds from AMS to construct a waterfront residence in Lakewood and to maintain his 68’ Sunseeker yacht, as well as to pay for luxury travel and to make cash withdrawals. He reported substantial business losses arising from the operating costs and expenses arising from the personal use of the TT Charter Leasing yacht, according to court documents.

He also misrepresented his personal expenses entered into AMS’ books and records by falsely describing them as legitimate business expenses. Klocker also provided false information to his tax-return preparers about expenses he described as business-related which were, in fact, personal in nature – including luxury travel with his family, according to court documents.

This case is being prosecuted by Assistant U.S. Attorneys Robert J. Patton and Suzana Koch following an investigation by the Internal Revenue Service – Criminal Investigations, with assistance from the Federal Bureau of Investigation – Cleveland Field Office.

A Roaming Shores man was sentenced to more than 21 years in prison for federal drug and firearm crimes, law enforcement officials said.

James E. Brooks, 41, was previously found guilty in U.S. District Court on six counts, including distribution of heroin and crack cocaine, possession a firearm during a drug trafficking crime and being a felon in possession of firearms and ammunition.

Brooks still has charges pending in state court related to the death of Alesha Bell.

Brooks distributed crack cocaine and heroin in August 2015, and possessed a firearm during those crimes, according to court documents.

On August 20, 2015, Brooks possessed a Walther, model P22, .22 Caliber Pistol; a Winchester, model 50, 12 gauge shotgun; and a Winchester, model 120, 12 gauge shotgun, despite previous felony convictions including drug abuse, burglary, aggravated robbery with a firearm specification, felonious assault, escape, and felonious assault with a firearm specification, all in the Trumbull County Court of Common Pleas, according to court documents.

“This defendant has spent most of his adult life terrorizing people,” U.S. Attorney Carole Rendon said. “This long prison sentence is appropriate given this defendant’s actions.”

“I would like to recognize the dedicated work of the TAG Task Force, the Ashtabula County Sheriff’s Office, and the Ashtabula County Prosecutor’s Office,” Acting ATF Special Agent in Charge Brad Earman said. “Cooperation with our law enforcement partners multiplies our efforts to remove violent criminals from the streets and make our communities safer.”

“I very much appreciate the cooperative partnership that exists between my office and the US Attorney’s Office, along with the various state and federal law enforcement agencies,” said Ashtabula County Prosecutor Nicholas M. Iarocci. “This case is a perfect example of such partnership, as the charges were divided and coordinated in such a way so as to maximize the amount of incarceration which Mr. Brooks could receive. A number of serious charges remain pending in the Ashtabula County Common Pleas Court against Mr. Brooks involving the death of Alesha Bell, including involuntary manslaughter, human trafficking, kidnapping, tampering with evidence, compelling prostitution and gross abuse of corpse, along with several drug possession charges.”

This case is being prosecuted by Assistant U.S. Attorney Jason M. Katz following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ashtabula County Sheriff’s Office, the Warren Police Department, the Ohio State Highway Patrol, Ohio BCI&I and the TAG Law Enforcement Task Force.

Two people were sentenced to prison for their roles operating a $4.8 million fraud conspiracy involving nearly 1,000 people who resided in Northeast Ohio, said U.S. Attorney Carole S. Rendon and Kathy Enstrom, IRS-Criminal Investigation Special Agent in Charge.

Allen D. Miles, 58, of Little Rock, Arkansas, formerly of Canton, was sentenced to more than 13 years in prison. He previously was found guilty of multiple counts, including conspiracy to commit wire fraud and aggravated identity theft.

Zinara M. Highsmith, 37, of Fayetteville, Georgia, was sentenced to 42 months in prison. She previously pleaded guilty to one count of conspiracy to commit wire fraud and one count of wire fraud.

“These defendants’ preyed on faith – people’s faith in their ministers and faith in their government,” Rendon said. “These defendants betrayed that faith to get rich and now will be held accountable.”

“Today’s sentencings should send a clear message to would-be criminals -- you will be caught and you will be punished,” Enstrom said. “Identity theft is a contemptible modern-day scourge and we will continue to pursue criminals who prey on innocent victims.”

Highsmith filed approximately 2,750 false tax returns containing false refund claims of more than $4.8 million. Approximately 964 false claims were made on behalf of people living in Northeast Ohio, according to court documents.

Highsmith formed the Atlanta-based tax-preparation business WE XL LLC in 2010. From March 2011 through July 2011, Highsmith partnered with Miles in a scheme to file false tax returns. Miles’ role was to recruit and obtain personal identification information from claimants and to provide that information to Highsmith, who was responsible for the preparation of the false returns. Miles did this in large part by inducing other ministers and church leaders in various states, including Ohio, to solicit members of their congregations to apply for benefits under the so-called government stimulus program, according to court documents.

Some of the claimants were residents of Northeast Ohio who provided their personal identification information to a pastor in Canton and to a relative of the Canton pastor. They, in turn, forwarded the information to Miles, according to court documents.

As instructed by Miles, the claimants were told they could receive their “stimulus” payment by direct deposit or on a debit card. Miles told pastors to request a $50 “donation” from each claimant, according to court documents.

Miles forwarded the claimants’ personal identification information to Highsmith to use in preparing false tax returns. Highsmith never had any contact with a claimant or any of the other pastors used by Miles to recruit or enlist claimants, according to court documents.

Highsmith instructed associates, including Ve Sayavong, of Jonesboro, Georgia, how to prepare false income tax returns using Turbo Tax software, which they did by reporting false occupations and wage income, and by falsely claiming a variety of tax credits, including the AOC Education Credit, the Making Work Pay Credit and the Earned Income Credit, according to the court documents.

All of the returns requested that $125 be deposited into a bank account controlled by Miles and $275 be deposited into a bank account controlled by Highsmith, according to the information.

Based on the false claims, the IRS issued refunds totaling more than $3.9 million, with more than $500,000 from those refunds going to bank accounts controlled by Highsmith, according to court documents.

Sayavong was previously sentenced to nearly three years in prison.

This case is being prosecuted by Assistant U.S. Attorneys Michael L. Collyer and Carmen Henderson following an investigation by the Internal Revenue Service.

A former labor union official was indicted on charges that he embezzled from the union, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Guy Gokey, 65, of Walbridge, Ohio, was charged in a two-count indictment with  one count of embezzlement from a labor organization and one count of making a false statement on a labor organization report. 

Gokey served as financial secretary for Glass Molders and Plastics AFL-CIO, Local 59, from 1986 through 2014. He embezzled approximately $14,074 from the union, 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 Department of Labor, Office of Labor-Management Standards, in Cleveland, Ohio.  The case is being handled by Assistant United States Attorney Noah P. Hood.

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 Charlotte, North Carolina, man was arrested this morning on a federal complaint charging him with conspiring to provide material support to the Islamic State of Iraq and Levant (ISIL), a designated foreign terrorist organization.

Erick Jamal Hendricks, 35, tried to recruit people to train together and conduct terrorist attacks in the United States on behalf of ISIL, according to a criminal complaint unsealed today in U.S. District Court in the Northern District of Ohio.

The arrest was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Office.

According to the complaint, in June 2015, an individual (CW-1) was arrested in the Northern District of Ohio after attempting to purchase an AK-47 assault rifle and ammunition from an undercover law enforcement officer.  CW-1 had pledged allegiance to ISIL in social media and made statements expressing interest in conducting attacks in the United States.

Hendricks had contacted CW-1 over social media to recruit him in the spring of 2015, according to the complaint.  Hendricks allegedly told CW-1 that he “needed people” and wanted to meet in person; that there were several “brothers” located in Texas and Mexico; that he was attempting to “get brothers to meet face to face;” and that he wanted “to get brothers to train together.”

According to the complaint, CW-1 said that Hendricks tested his religious knowledge and commitment, inquiring about his willingness to commit “jihad,” to die as a “martyr” and his desire to enter “jannah” (paradise).  CW-1 understood these statements to mean that Hendricks was recruiting people to train together for the purpose of conducting a terrorist attack in the U.S. and to see if CW-1 was suitable for recruitment, according to the allegations.  CW-1 allegedly believed that Hendricks and the “brothers in Texas and Mexico” may have been responsible for a thwarted terrorist attack in Garland, Texas, on May 3, 2015, and therefore CW-1 decided to stay away from social media for a period following the attack to minimize detection by law enforcement.

Hendricks also allegedly communicated over social media with several other people, including an undercover FBI employee (UCE-1).  According to the complaint, on April 16, 2015, Hendricks instructed UCE-1 to download the document “GPS for the Ghuraba in the U.S.”, which included a section entitled “Final Advice” which advocated that “brothers and sisters” should not allow themselves to go to jail.  This section also allegedly encouraged Muslims to die as a “Shaheed” (martyr), to “Boobie trap your homes,” to “lay in wait for them” and to “never leave your home without your AK-47 or M16.”  According to the complaint, Hendricks also directed UCE-1 to communicate online with other people and stated “It’s hard to sift through brothers;” “Allah chooses only the few;” and “Everyday I do this day in and day out.”

Hendricks allegedly told another person that his goal was to create a sleeper cell to be trained and housed at a secure compound that would conduct attacks in the United States.  He mentioned that potential targets included military members whose information had been released by ISIL and the woman who organized the “Draw Prophet Mohammad contest,” and he claimed to have 10 members signed up for his group, according to allegations in the complaint.

On April 23, 2015, Hendricks allegedly used social media to contact Elton Simpson, who, along with Nadir Hamid Soofi, was inspired by ISIL and launched the attack on the “First Annual Muhammad Art Exhibit and Contest” in Garland.  Simpson and Soofi opened fire, wounding a security guard, before Garland police returned fire and killed both Simpson and Soofi.  According to the complaint, Hendricks also connected UCE-1 with Simpson via social media; communicated with UCE-1 about the contest in Garland; and directed UCE-1 to go to the contest.  Hendricks allegedly said: “If you see that pig (meaning the organizer of the contest) make your ‘voice’ heard against her.”  According to the complaint, he also asked UCE-1 a series of questions related to security at the event, including: “How big is the gathering?” “How many ppl?” “How many police/agents?” “Do you see feds there?’ “Do you see snipers?” and “How many media?”  Shortly thereafter, Simpson and Soofi committed the attack on the cartoon drawing contest.

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

If convicted, Hendricks faces a statutory maximum sentence of 15 years in prison.  The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.  If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

This case was investigated by the FBI’s offices in Cleveland; Columbia, South Carolina; Baltimore; and Charlotte, North Carolina, with assistance from the Justice Department’s National Security Division and the U.S. Attorney’s Offices in the Northern District of Ohio, District of Maryland, District of South Carolina and the Western District of North Carolina.

A Charlotte, North Carolina, man was arrested this morning on a federal complaint charging him with conspiring to provide material support to the Islamic State of Iraq and Levant (ISIL), a designated foreign terrorist organization.

Erick Jamal Hendricks, 35, tried to recruit people to train together and conduct terrorist attacks in the United States on behalf of ISIL, according to a criminal complaint unsealed today in U.S. District Court in the Northern District of Ohio.

The arrest was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Office.

According to the complaint, in June 2015, an individual (CW-1) was arrested in the Northern District of Ohio after attempting to purchase an AK-47 assault rifle and ammunition from an undercover law enforcement officer.  CW-1 had pledged allegiance to ISIL in social media and made statements expressing interest in conducting attacks in the United States.

Hendricks had contacted CW-1 over social media to recruit him in the spring of 2015, according to the complaint.  Hendricks allegedly told CW-1 that he “needed people” and wanted to meet in person; that there were several “brothers” located in Texas and Mexico; that he was attempting to “get brothers to meet face to face;” and that he wanted “to get brothers to train together.”

According to the complaint, CW-1 said that Hendricks tested his religious knowledge and commitment, inquiring about his willingness to commit “jihad,” to die as a “martyr” and his desire to enter “jannah” (paradise).  CW-1 understood these statements to mean that Hendricks was recruiting people to train together for the purpose of conducting a terrorist attack in the U.S. and to see if CW-1 was suitable for recruitment, according to the allegations.  CW-1 allegedly believed that Hendricks and the “brothers in Texas and Mexico” may have been responsible for a thwarted terrorist attack in Garland, Texas, on May 3, 2015, and therefore CW-1 decided to stay away from social media for a period following the attack to minimize detection by law enforcement.

Hendricks also allegedly communicated over social media with several other people, including an undercover FBI employee (UCE-1).  According to the complaint, on April 16, 2015, Hendricks instructed UCE-1 to download the document “GPS for the Ghuraba in the U.S.”, which included a section entitled “Final Advice” which advocated that “brothers and sisters” should not allow themselves to go to jail.  This section also allegedly encouraged Muslims to die as a “Shaheed” (martyr), to “Boobie trap your homes,” to “lay in wait for them” and to “never leave your home without your AK-47 or M16.”  According to the complaint, Hendricks also directed UCE-1 to communicate online with other people and stated “It’s hard to sift through brothers;” “Allah chooses only the few;” and “Everyday I do this day in and day out.”

Hendricks allegedly told another person that his goal was to create a sleeper cell to be trained and housed at a secure compound that would conduct attacks in the United States.  He mentioned that potential targets included military members whose information had been released by ISIL and the woman who organized the “Draw Prophet Mohammad contest,” and he claimed to have 10 members signed up for his group, according to allegations in the complaint.

On April 23, 2015, Hendricks allegedly used social media to contact Elton Simpson, who, along with Nadir Hamid Soofi, was inspired by ISIL and launched the attack on the “First Annual Muhammad Art Exhibit and Contest” in Garland.  Simpson and Soofi opened fire, wounding a security guard, before Garland police returned fire and killed both Simpson and Soofi.  According to the complaint, Hendricks also connected UCE-1 with Simpson via social media; communicated with UCE-1 about the contest in Garland; and directed UCE-1 to go to the contest.  Hendricks allegedly said: “If you see that pig (meaning the organizer of the contest) make your ‘voice’ heard against her.”  According to the complaint, he also asked UCE-1 a series of questions related to security at the event, including: “How big is the gathering?” “How many ppl?” “How many police/agents?” “Do you see feds there?’ “Do you see snipers?” and “How many media?”  Shortly thereafter, Simpson and Soofi committed the attack on the cartoon drawing contest.

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

If convicted, Hendricks faces a statutory maximum sentence of 15 years in prison.  The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.  If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

This case was investigated by the FBI’s offices in Cleveland; Columbia, South Carolina; Baltimore; and Charlotte, North Carolina, with assistance from the Justice Department’s National Security Division and the U.S. Attorney’s Offices in the Northern District of Ohio, District of Maryland, District of South Carolina and the Western District of North Carolina.

A federal grand jury returned a four-count indictment charging a Wisconsin man for crimes related to his false claims that he was a Navy SEAL wounded four times in Vietnam, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Kenneth E. Jozwiak, 67, of Kenosha, Wisconsin, was charged with unlawfully exhibiting a military discharge certificate, theft of government money, making false statements to federal agents, and attempting to obstruct an official proceeding.

“This defendant’s lies about his service are an affront to those who saw combat and those  wounded fighting on behalf of our nation,” Rendon said. “This defendant did neither, and falsely inflated his service record in an effort to get additional benefits.”

“This indictment reflects the VA OIG’s commitment to vigorously pursue those individuals that falsify military service records and defraud the VA,” said Gavin McClaren, Resident Agent in Charge of the Department of Veterans Affairs Office of Inspector General’s Cleveland office.

Jozwiak on September 4, 2014, exhibited a DD-214 (military discharge certificate) that claimed, in part, that Jozwiak was a highly decorated Vietnam War veteran, that he was a four-time recipient of the Purple Heart, and that he was a Navy SEAL -- all entries Jozwiak knew were totally false, according to the indictment.

Additionally, Jozwiak defrauded the Department of Veterans Affairs of $2,289 through veteran’s entitlements he received between August and December 2014.  In January 2015, Jozwiak made several false statements to federal agents about his fraudulent activities and his military service, and that he attempted to obstruct an official proceeding by tampering with a material witness, according to the indictment.

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.

The case is being prosecuted by Assistant U.S. Attorney Benedict S. Gullo.  The case was investigated by the Department of Veterans Affairs Office of Inspector General—Criminal Investigative Division.

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

A federal grand jury returned a one-count indictment charging Charles Butler, 33, and Robert Paschalis, 25, both of Toledo, with a federal hate crime today for beating an African-American stranger they saw on the street.

The indictment was announced by Principal Deputy Assistant Attorney General for the Civil Rights Division Vanita Gupta, U.S. Attorney Carole S. Rendon of the Northern District of Ohio, Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division, Toledo Police Chief George Kral and Lucas County Prosecutor Julie Bates.

The men are accused of beating the victim, A.W., because he is black.  On May 18, 2016, Butler and Paschalis drove past A.W. on the street while A.W. was unloading items from his truck.  The two men circled back, got out of their own truck and began attacking A.W. while yelling racial slurs.  Butler grabbed a broom from the back of A.W.’s truck and struck A.W. with it multiple times, according to court documents.

The beating stopped only when two off-duty Ohio state police officers happened on the scene and pulled Butler and Paschalis away.  A.W. suffered an orbital fracture and damage to his right eye.  Butler later posted to Facebook that the attack was “in the name of the White Race,” according to court documents.

“These defendants launched an unprovoked attack on an African-American man based solely on his race,” Rendon said. “There is no place for racial violence in our society and these two men will be held accountable.”

“These individuals engaged in a violent assault against another person based on his race and now will be held accountable,” Anthony said. “The FBI will continue to work with our law enforcement partners to ensure hate crimes are thoroughly investigated and prosecuted to the greatest extent of the law.”

Kral said: “The Toledo Police Department is committed to protecting all citizens from those who chose to pray on them. Whenever a crime is motivated simply because of the victim’s race it makes the crime all the worse.  I commend the United States Attorney’s Office for the charging of this person as they see fit. I want to let the citizens of Toledo know that we will work tirelessly to protect their interest at the local, state and federal level.”

An indictment is only a charge and the defendants are presumed innocent unless proven guilty.

The case is being prosecuted by Assistant U.S. Attorney Michael Freeman of the Northern District of Ohio and Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section following an investigation by the FBI’s Toledo Resident Agency, in cooperation with Toledo Police Department and Lucas County Prosecutor’s Office. 

Former Cleveland Browns star Reggie Rucker was sentenced to nearly two years in prison today for stealing more than $110,000 in charitable donations to anti-violence groups he led and using the money to pay his gambling debts and personal expenses, law enforcement officials said.

Rucker, 68, of Warrensville Heights, pleaded guilty to earlier this year to one count of one count of wire fraud and one count of making false statements to law enforcement.

U.S. District Judge Dan Polster ordered Rucker to pay $110,841 in restitution and sentenced Rucker to 21 months in prison.

“Mr. Rucker treated a non-profit bank account like his personal slush fund and stole more than $110,000 in charitable donations intended to keep the streets of Cleveland safe,” said U.S. Attorney Carole S. Rendon. “The victims in this case are the employees who did not get paid while Rucker spent their paychecks, the business leaders seduced with poignant guilt trips about civic responsibility and the at-risk youths forced to watch their potential role model revealed as a fraud.”

“Mr. Rucker used his position of trust to help fund his gambling habits and personal expenses, and ultimately, he betrayed those that supported his work in the community,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office. “The FBI will continue to work with our partners to identify and hold accountable those who chose to commit such fraud.”

Rucker played wide receiver for the Cleveland Browns from 1975 through 1981, then worked as a broadcaster, stockbroker and financial analyst. Rucker served as executive director of Amer-I-Can Cleveland (Amer-I-Can), a nonprofit organization located in Shaker Heights. He also served as president of the Cleveland Peacemakers Alliance (CPA), a collaboration of community organizations that employed outreach workers to resolve conflicts in Cleveland. Rucker solicited charitable contributions and deposited them into Amer-I-Can’s bank account, according to court documents.

From 2011 through February 11, 2015, Rucker diverted funds intended to support Amer-I-Can and CPA for his personal use and in excess of any compensation he was entitled to receive. Rucker wrote checks to himself and made withdrawals from the Amer-I-Can bank account in amounts and frequencies unrelated to the work he performed, but rather dictated by his own personal financial needs, including to pay his mortgage, entertainment, meals, travel, groceries, and dry cleaning, according to court documents.

In furtherance of his scheme, Rucker falsely told current and prospective donors that Amer-I-Can had an independent board of directors to provide oversight when it did not.  Rucker also filed documents under the penalties of perjury with the Internal Revenue Service that significantly understated the amount of money he took from the Amer-I-Can bank account.  He also falsely claimed to certain actual and prospective donors, “I do not have a salary with Amer-I-Can,” and “We don’t have any contracts that pay me…”, according to court documents. 

Rucker withdrew approximately $48,000 at casino ATMs in Tampa, Las Vegas, and Cleveland, from the Amer-I-Can bank account from 2011 to 2015, including over $35,000 in 2014 alone.  He also paid multiple gambling debts he incurred at a Las Vegas casino totaling $65,000 using money donated to Amer-I-Can and CPA for charitable purposes, according to court documents.  

In January 2013, when an employee of a Cleveland-area foundation (identified in the charges as Foundation 1) informed Rucker that “The Board (of Foundation 1) has awarded $150,000…for Peacemakers Alliance. Congrats!!!”, Rucker forwarded the email to a Las Vegas casino that he owed $20,000, stating “this is my non profit and they were a little behind getting me my money. I will not actually have this in my hands for 10 days, maybe 14 . . . I like to keep communication open so that I don’t get into any trouble. Can they work with me on this?”  On March 5, 2013, Amer-I-Can received $58,751.52 of Foundation 1’s charitable funds, and on March 12, 2013, Rucker wrote a check for $20,000, funded in part by Foundation 1’s donation to Amer-I-Can, to the Las Vegas Casino to pay his gambling debt, according to court documents. 

In January 2014, after receiving $47,500 from a donor identified in the information as Foundation 2, Rucker wrote himself two checks totaling $40,000 from the Amer-I-Can bank account, and used a portion of this money to pay an outstanding gambling debt of $25,000 to a Las Vegas casino, according to court documents.

In September 2014, Rucker incurred a $20,000 debt at a Las Vegas casino.  Between November 18 and December 1, 2014, Rucker wrote himself checks totaling approximately $21,200 from the Amer-I-Can bank account and paid the Las Vegas casino $15,000 of his debt.   In January 2015, after Amer-I-Can received $47,500 from Foundation 2, Rucker wrote himself a check for $10,000 and paid the remaining $5,000 he owed the Las Vegas casino, according to court documents.

Rucker repeatedly solicited grants and donations from foundations, corporations and executives, but failed to disclose his diversion of charitable funds.  For example, on November 19, 2014, Amer-I-Can received $10,000 from an entity identified as Foundation 4. The next day, Rucker wrote himself a check for $10,000, but later submitted a report to Foundation 4 that stated: “We appreciated the bridge support granted to us by [Foundation 4], it was helpful in being able to assist high risk and gang affiliated youth. The continued support of [Foundation 4] will be instrumental…,” according to court documents.

Rucker also repeatedly cited CPA outreach workers’ lack of pay to justify his requests for additional funds, but did not disclose his personal use of charitable funds. For example, Rucker solicited funds from Foundation 1, which provided approximately $2.45 million to CPA between 2011 and 2015, by claiming that CPA workers “believe they are being disrespected and taken advantage of . . . I can’t hold them together much longer. We have come too far, put too much into this . . . None of us has money!”, according to court documents. 

This case is being prosecuted by Assistant U.S. Attorneys Adam Hollingsworth following an investigation by the Federal Bureau of Investigation.

An indictment was filed charging Ronald R. Myles, Jr., 34, of Marion, for the June 17 robbery of the Commercial Savings Bank branch in Marion.

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 Federal Bureau of Investigation's Marion office.  The case is being handled by Assistant United States 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.

Lee D. Switzer, 25, of Mansfield, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

The indictment charges that from on or about February 20, 2016, through on or about April 17, 2016, Switzer knowingly received and distributed, using any means and facility of interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce.  The indictment also charges that on July 6, 2016, Switzer possessed a computer which contained child pornography.   

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

This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Mansfield and Canton Offices of the Federal Bureau of Investigation 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 Bedford man was indicted for possessing more than six pounds of fentanyl, as well as illegally having firearms, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Norman L. Hunter, 43, is accused of distributing more than three kilograms of fetanyl as well as illegally possessing five firearms, despite a previous felony conviction.

Matthew A. Martin, 31, of San Diego, is also named in the three-count superseding indictment, accused of distributing more than three kilograms of fentanyl.

"Fentanyl is killing hundreds of people in our community," Rendon said. "It's vital that we target people who sell this drug while also working to reduce demand and getting help for those who need it."

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

The case is being prosecuted by Assistant U.S. Attorney Vasile Katsaros following an investigation by the Drug Enforcement Administration.

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

A federal grand jury turned a one-count indictment charging John T. Dellick, 22, of Canfield, with being a felon in possession of a firearm and ammunition, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Dellick was taken into custody this morning.

Dellick possessed an Armi Galesi, model Brevetta, .25 caliber pistol, and ammunition, on Jan. 3, despite a previous convicting for aggravated assault in the Court of Common Pleas, Mahoning County, in 2015, 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 violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boardman Police Department. The matter is being prosecuted by Assistant United States 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.

Charles Butler, 33, and Robert Paschalis, 25, both of Toledo, were charged with a federal hate crime today for beating an African-American stranger they saw on the street.

The charges were announced by Principal Deputy Assistant Attorney General for the Civil Rights Division Vanita Gupta, Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division, U.S. Attorney Carole S. Rendon of the Northern District of Ohio, Toledo Police Chief George Kral and Lucas County Prosecutor Julie Bates.

The men were charged by complaint with beating the victim, A.W., because he is black.  According to the complaint, on May 18, 2016, Butler and Paschalis drove past A.W. on the street while A.W. was unloading items from his truck.  The two men circled back, got out of their own truck and began attacking A.W. while yelling racial slurs.  Butler grabbed a broom from the back of A.W.’s truck and struck A.W. with it multiple times.

The beating stopped only when two off-duty Ohio state police officers happened on the scene and pulled Butler and Paschalis away.  A.W. suffered an orbital fracture and damage to his right eye.  Butler later posted to Facebook that the attack was “in the name of the White Race.”

“These individuals engaged in a violent assault against another person based on his race and now will be held accountable,” Anthony said. “The FBI will continue to work with our law enforcement partners to ensure hate crimes are thoroughly investigated and prosecuted to the greatest extent of the law.”

“These defendants launched an unprovoked attack on an African-American man based solely on his race,” Rendon said. “There is no place for racial violence in our society and these two men will be held accountable.”

Kral said: “The Toledo Police Department is committed to protecting all citizens from those who chose to pray on them. Whenever a crime is motivated simply because of the victim’s race it makes the crime all the worse.  I commend the United States Attorney’s Office for the charging of this person as they see fit. I want to let the citizens of Toledo know that we will work tirelessly to protect their interest at the local, state and federal level.”

A complaint is merely an accusation and the defendants are presumed innocent unless proven guilty.

This case is being investigated by the FBI Cleveland Division’s Toledo Resident Agency, in cooperation with Toledo Police Department and Lucas County Prosecutor’s Office.  The case is being prosecuted by Assistant U.S. Attorney Michael Freeman of the Northern District of Ohio and Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section.

Charles Butler, 33, and Robert Paschalis, 25, both of Toledo, Ohio, were charged with a federal hate crime today for beating an African-American stranger they saw on the street.

The charges were announced by Principal Deputy Assistant Attorney General of the Civil Rights Division Vanita Gupta, U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division.

The men were charged by complaint with beating the victim, A.W., because he is black.  According to the complaint, on May 18, 2016, Butler and Paschalis drove past A.W. on the street while A.W. was unloading items from his truck.  The two men circled back, got out of their own truck and began attacking A.W. while yelling racial slurs.  Butler grabbed a broom from the back of A.W.’s truck and struck A.W. with it multiple times.

The beating stopped only when two off-duty Ohio State Police officers happened on the scene and pulled Butler and Paschalis away.  A.W. suffered an orbital fracture and damage to his right eye.  Butler later posted to Facebook that the attack was “in the name of the White Race.”

A complaint is merely an accusation and the defendants are presumed innocent unless proven guilty.

This case is being investigated by the FBI Cleveland Division’s Toledo Resident Agency, in cooperation with the Toledo Police Department and Lucas County, Ohio, Prosecutor’s Office.  The case is being prosecuted by Assistant U.S. Attorney Michael Freeman of the Northern District of Ohio and Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section.

Butler Complaint

A federal grand jury returned a one-count indictment charging Van S. Lightning, 26, of Youngstown, with being a felon in possession of a firearm and ammunition, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

The indictment alleges that on or about May 28, 2016, Lightning possessed a Springfield, model XD-40, .40 caliber pistol, and ammunition, after having been previously convicted of RICO violation in the U.S. District Court, Northern District of Ohio, in 2012.

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 investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Youngstown Police Department.   The matter is being prosecuted by Assistant United States 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 Youngstown man was named in a five-count indictment, charged with federal narcotics and firearms violations, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Phillip M. Lemon, II, 28, of possessed with intent to distribute more than 100 grams of heroin in December 2015. He also possessed with intent to distribute fentanyl and maintained a premises on McHenry Street in Youngstown for the purpose of distributing heroin. Lemon also possessed two RG, model RG23, .22 caliber revolvers and ammunition despite after having been previously convicted of conspiracy to possess with intent to distribute heroin. He also possessed the firearms in furtherance of a drug trafficking crime, 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 violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Youngstown Police Department. The matter is being prosecuted by Assistant United States 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 criminal information was filed against Fortino Barajas Castaneda, 35, of Toledo, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio. 

The charges relate to possession with intent to distribute cocaine.        

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, Immigration and Customs Enforcement, in Detroit.  The case is being handled by Assistant United States Attorney Thomas P. Weldon and Michael J. Freeman.    

An information 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 Cleveland woman was indicted for her role in bank robberies in Highland Heights, Bedford and Euclid, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Te’aira Perry, 26, was indicted on three counts of bank robbery.

The indictment alleges that Perry and others aided and abetted one another in robbing a U.S. Bank in Highland Heights on June 26, 2013, of approximately $13,400, and attempting to rob a Charter One Bank in Bedford on August 21, 2013. It further alleges that Perry and four men – Germain D. Davis, Jr., Julian Anderson, Shawn Caldwell, and Dejuan Brown – aided and abetted one another in robbing a PNC Bank in Euclid, on January 24, 2014, of approximately $39,900.

Davis, Anderson, Caldwell, and Brown all pleaded guilty to this robbery in 2014.   

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

The case is being prosecuted by Assistant U.S. Attorney M. Kendra Klump following an investigation by the Federal Bureau of Investigation, the Highland Heights Police Department, the Bedford Police Department and the Euclid 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 federal grand jury returned a one-count indictment charging Jacqueline Davis, 50, of Cleveland, with theft of government funds, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

The indictment alleges that Davis stole $53,650.90 in Social Security benefits by intentionally concealing and failing to report to the Social Security Administration her return to work and continued employment.  She did so knowing that it would affect her entitlement to Social Security disability benefits.

Special Assistant United States Attorney Lisa J. Sanniti is prosecuting the case following an investigation by the SSA Office of Inspector General.

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.

A grand jury returned a two-count indictment charging Adam Libbey-Tipton, 29, of Cleveland, with one count of accessing with intent to view visual depictions of minors engaged in sexually explicit conduct; and one count of possessing visual depictions of minors engaged in sexually explicit conduct, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Libbey-Tipton is a registered sex offender, according to court documents.

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 case is being prosecuted by Assistant U.S. Attorney Brian McDonough following an investigation by the Cleveland Office of the Federal Bureau of Investigation.

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 Bedford man was indicted on drug and firearms charges, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.

Norman L. Hunter, 43, is accused of distributing more than 500 grams of cocaine as well as illegally possessing five firearms, despite a previous felony conviction.

Matthew A. Martin, 31, of San Diego, is also named in the three-count indictment, accused of distributing more than 500 grams of cocaine.

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

The case is being prosecuted by Assistant U.S. Attorney Vasile Katsaros following an investigation by the Drug Enforcement Administration.

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 Westlake man was charged with embezzling from his former employer, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.

Tarun Gupta, 45, is charged with wire fraud.  The criminal information alleges that from on or about May 16, 2012 through on or about December 22, 2014, Gupta stole $382,900 from Charak Center for Health and Wellness, where he had been employed as a the business manager from 2009 through 2013. 

The case is being prosecuted by Assistant U.S. Attorney Matthew B. Kall following an investigation by the U.S. Secret Service and the Garfield Heights Police Department.

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 information 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 from Northeast Ohio pleaded guilty this week for their roles in a conspiracy to defraud about 70 investors out of approximately $17 million, law enforcement officials said.

Thomas Abdallah, 52, of Brunswick, pleaded guilty this week to plead to one count of conspiracy to commit wire fraud and securities fraud and one count of money laundering.

Mark M. George, 59, of Independence pleaded guilty to one count of conspiracy to commit wire fraud and securities fraud.

Jeffrey L. Gainer, 52, of Akron, pleaded guilty to one count of sale of unregistered securities.

All three are scheduled to be sentenced Oct. 4

The guilty pleas was announced by Carole S. Rendon, U.S. Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office, and Kathy Enstrom, Special Agent in Charge, IRS-Criminal Investigations, Cincinnati Field Office.

Kenneth A. Grant, Jerry A. Cicolani and Kelly C. Hood previously pleaded guilty to crimes related to this fraud.

Abdallah and Grant owned and operated KGTA Petroleum, Ltd. They and others marketed KGTA as a company that earned profits from buying and selling crude oil and refined fuel products. They represented to investors that they had relationships with third-party purchasers and investor funds would be used to purchase fuel products at a discount and then resold at substantial profit, according to court documents.

KGTA issued investment agreements and promissory notes which offered guaranteed monthly payments up to five percent per month or annual payments of approximately 60 percent per year, according to the information. The defendants never filed documentation about KGTA with the Securities and Exchange Commission, according to court documents.

Together, they obtained approximately $31 million from about 70 investors between 2010 and 2014 through false and fraudulent pretenses. They knew KGTA did not have agreements in place to sell oil and fuel, and that investors would not earn 5 percent per month on their investments, according to court documents.

The defendants used investor money for personal expenditures and luxury items including a Mercedes Benz, a boat and mortgage payments on high-end residential property. As a result of the conspiracy, the defendants defrauded the investors out of approximately $17 million, according to court documents.

This case is being prosecuted by Assistant U.S. Attorneys M. Kendra Klump and Mark S. Bennett following an investigation by the Federal Bureau of Investigation and Internal Revenue Service—Criminal Investigations.

Carole S. Rendon was sworn in as United States Attorney for the Northern District of Ohio this morning.

In that role, she is the chief federal law enforcement officer in Ohio’s northern 40 counties. The office is tasked with enforcing a wide range of criminal and civil statutes, including the prosecution of crimes including public corruption, civil rights, drug trafficking, fraud, human trafficking, firearms crimes and other violations.

“I am humbled by this honor,” Rendon said. “I look forward to continuing to work on our region’s most pressing challenges, including the opioid epidemic and police/community relations.”

U.S. District Judge Solomon Oliver delivered the oath to Rendon. A formal investiture ceremony will take place next month.

Rendon served from 2009 through 2016 as the First Assistant United States Attorney. In that role, she was responsible for the daily operation of the United States Attorney’s Office, including oversight of significant civil and criminal matters, litigation, strategic planning, community outreach, agency coordination, and office policies and procedures.

During that time, she was lead counsel on U.S. v. City of Cleveland, an exhaustive investigation of the Cleveland Division of Police which resulted in significant changes to areas including use of force, crisis intervention with the mentally ill, community engagement, bias-free policing, search and seizure, accountability, training, equipment and staffing. It is viewed as a national model for police reform.

She was also instrumental in developing the U.S. Attorney’s Task Force on Heroin and Opioids, which seeks to find comprehensive solutions to Northern Ohio’s heroin and opioid epidemic. She also was a driving force behind the Northeast Ohio Cyber Consortium, a cross-sector public-private partnership designed to reduce the region’s vulnerability to cyber attacks.

Rendon is a 1987 graduate of Northwestern University School of Law. She began her career as a law clerk to the Honorable Joel Flaum on the Seventh Circuit Court of Appeals. Carole then entered the Attorney General’s Honors Program in the Criminal Division of the Department of Justice and was assigned to the Organized Crime Strike Force Unit in Boston, Massachusetts, which later was merged into the United States Attorney’s Office. 

In the Strike Force, she handled a series of investigations and prosecutions of corruption in the Boston Police Department and international Asian organized crime. In April 1994, Rendon became Chief of the Organized Crime Drug Enforcement Task Force, where she oversaw all of the major federal narcotics prosecutions.

In 1998, Rendon returned home to Cleveland and joined Messerman & Messerman. She later started the firm of Kushner & Rendon. In 2007, Carole seized the opportunity to join the women-owned litigation firm of Giffen & Kaminski. In each of those firms, Carole had both an active civil and criminal practice in federal and state court.