FEDERAL DISTRICT ARCHIVE
Northern District of Ohio
Press releases recorded for this federal judicial district.
Texas Man Indicted on Child Pornography ChargesRead the Press Release
Samuel E. Condo, Jr., 32, of Arlington, Texas, was charged last week with enticement, distributing and transporting visual depictions of minors engaged in sexually explicit conduct, transferring obscenity to a minor and travel with intent to engage in illicit sexual conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about October 20, 2014, through on or about October 24, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Condo knowingly used facilities and means of interstate and foreign commerce, that is, a cell phone and a computer connected to the Internet, to attempt to persuade, induce, entice and coerce an individual who had not attained the age of 18 years, that is, a 13-year-old girl to engage in illegal sexual activity with him.
The indictment also charges that on or about October 21, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Condo knowingly distributed in interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
The indictment also charges that on or about October 22, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Condo used a facility and means of interstate and foreign commerce, that is, a device connected to the Internet, to knowingly transfer obscene matter, that is, a video file containing a visual depiction of himself masturbating, to an individual who he believed had not attained the age of 16 years, that is, a law enforcement officer posing as a 13-year-old girl.
The indictment also charges that on or about October 24, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Condo knowingly transported, using any means of interstate and foreign commerce and in and affecting interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct. The indictment also charges that on or about October 24, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Condo knowingly traveled in interstate commerce, from the State of Texas to the State of Ohio, for the purpose of engaging in illicit sexual conduct with another person, that is, a 13-year-old girl.
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.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Ohio Internet Crimes Against Children Task Force and the United States Secret Service.
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.
Lakewood Man Faces Child Pornography ChargesRead the Press Release
William S. Burnett, 59, of Lakewood, Ohio, was charged last week with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about October 28, 2012, through on or about September 20, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Burnett knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct. The indictment also charges that on October 22, 2014, Burnett possessed a computer hard drive that contained child pornography.
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.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Ohio Internet Crimes Against Children Task Force and the United States Secret Service.
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.
Toledo Man Indicted for Heroin ConspiracyRead the Press Release
A six-count federal indictment was filed charging a Toledo man with conspiracy to possess with intent to distribute a kilogram of heroin, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Lee T. Turner, 29, was indicted on one count of conspiracy to possess with intent to distribute at least one kilogram of heroin, two counts of possession with intent to distribute heroin, two counts of operating a drug house and one count of being a felon in possession of a firearm.
“This defendant used firearms and homes in Toledo neighborhoods in his business the way others might use computers and calculators,” Dettelbach said. “He made his living dealing large amounts of heroin and now must face the consequences.”
“I would personally like to thank the Detectives and Agents from the Toledo Metro Drug Task Force for their hard work on this case,” said Toledo Police Chief William Moton. “The arrest of drug traffickers like Mr. Turner is an important piece in our strategy to significantly reduce the amount of heroin being sold in the Toledo area.”
Turner conspired to with others from November 2103 through Nov. 20, 2014 to possess heroin. Turner used 2830 Powhattan Parkway and 707 Phillips Avenue, both in Toledo, for the unlawful purpose of storing and distributing heroin, according to the indictment.
On Nov. 20, 2014, Turner possessed approximately 1,077 grams of heroin and a 9 mm pistol, despite previous convictions for bank robbery, robbery, kidnapping and other felony convictions, according to court documents.
Prosecutors are seeking to forfeit the two Toledo properties, as well as a 2009 Mercedes, a 1991 Chevrolet and a 2002 Mini Cooper, according to the indictment.
The case is being prosecuted by Assistant U.S. Attorney Alyssa Sterling following an investigation by the Toledo Metro Drug Task Force, which is made up of representatives from the Toledo Police Department, Federal Bureau of Investigation, Lucas County Sheriff’s Office and other law enforcement agencies.
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, 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.
Youngstown Man Charged with Failing to Register as a Sex OffenderRead the Press Release
A federal grand jury returned a one-count indictment charging Anthony Rivera-Santana, 38, of Youngstown, with failure to register as a sex offender, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.The indictment charges that beginning on or about May 1, 2013, to December 3, 2014, Rivera-Santana failed to register as a sex offender as required under the Sex Offender Registration and Notification Act, after having traveled in interstate commerce.
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 United States Marshals Service. 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.
Ten People Indicted for Attending Dog-Fighting Venture in AkronRead the Press Release
Ten people were indicted in federal court for attending an animal-fighting venture, law enforcement officials said.
Indicted are: Alvin Banks, 56, of Akron; Carlton Davis and Anthony L. Harris, both 41 and both of Gary, Ind.; Donell Higginbotham, 35, of Pittsburgh; Mark Terrell McCraw, 29, of Hersporia, Calif.; Samuel G. Mobley, 38, of Gastonia, N.C.; Corey B. Moorefield, 45, of Pittsburgh; Darius D. Muse, 24, of Victorville, Calif.; Ryan A. Sadler, 32, of Gastonia, N.C. and Tommy L. Walker, 60, of East Chicago, Ind.
The indictment was announced by Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office, Akron Police Chief James Nice, Summit County Sheriff Steve Barry and Summit County Prosecutor Sherry Bevan Walsh.
Banks and McCraw face additional counts of sponsoring and exhibiting a canine in an animal fighting venture, as well as buying, selling, delivering, possessing, training and transporting canines for participation in an animal fighting venture.
Banks has also been charged with being a felon in possession of firearms and ammunition, possession with intent to manufacture and distribute less than 50 marijuana plants or less than 50 kilograms of marijuana, and for possession of firearms in furtherance of a drug trafficking crime.
Federal and local authorities raided a home on Cordova Avenue in Akron on Nov. 15, 2014 as part of an investigation into dog fighting. In addition to firearms, narcotics and more than $52,000 in cash, investigators discovered a blood-stained 16x16 foot ring used as part of an animal fighting venture, as well as two “break sticks” used to pry a dog’s mouth and teeth off another dog when the fight is finished. They also found eight pit bull or pit bull mixes, two of which were covered in blood and had fresh wounds from a fight that occurred just prior to the execution of the search warrant, according to court documents.
If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, a defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Akron Police Department, the Federal Bureau of Investigation and the Summit County Sheriff’s Office, with assistance from the Summit County Prosecutor’s Office and the Humane Society of Greater Akron. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
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 and Florida Company Indicted for Health Care Fraud at Shaker Heights Surgical CenterRead the Press Release
A five-count indictment was filed charging seven people and a Florida company for their roles in a multi-million dollar health-care fraud conspiracy involving an experimental form of chiropractic manipulation, law enforcement officials said.
Indicted are: Physicians Surgical Group (PSG), a medical billing company headquartered in Boca Raton, FL.; Christopher Liva, 36, Edward Liva, 64, Carolyn Via, 51, all of Boca Raton, FL; Mark Fritz, age unknown, of Coral Springs, FL.; John Nickels, 60, Highland Heights; John Fortuna, 41, of Avon, and Antony Simone, 40, of Cleveland.
The Livas, Fritz, Nickels, Fortuna, Simone and the company are charged with one count each of conspiracy, wire fraud and health care fraud. Those six people are also charged with one count of money laundering. Ed Liva, Chris Liva and Via face an additional count of money laundering.
PSG was owned by Christopher Liva, Edward Liva and Carolyn Via. Those three people, along with four others not named in the indictment, also owned Shaker Heights Surgical Center, located at 3235 Lee Road. Fritz was the chief financial officer at PSG. Fortuna and Simone were licensed chiropractors while Nickels was a medical doctor and anesthesiologist, according to court documents.
The defendants deceived various private insurance companies to pay millions of dollars on behalf of patients who underwent an experimental form of manipulation under anesthesia at Shaker Heights Surgical Center. Manipulation under anesthesia is an aggressive form of therapy typically reserved for patients who had failed with conservative chiropractic care. There were serious risks associated with it, according to the indictment.
Because of the pain involved, patients were put under conscious sedation and it was recognized as a surgical procedure. It was not performed in an office setting but rather an outpatient surgical facility and typically generated three types of insurance claims -- for professional fees, facility fees and fees for anesthesia services, according to the indictment.
Beginning in 2008, Chris Liva and others began marketing Shaker Heights Surgical Center and the manipulation under anesthesia procedure to chiropractors in Ohio, typically at restaurants in downtown Cleveland or the Youngstown area. In return for referring patients to Shaker Heights Surgical Center for the manipulation under anesthesia procedure, chiropractors were paid a flat fee of $4,000 per patient referred for a three-day session of procedures. Patients were advised they would not have to pay anything for the procedure, according to the indictment.
The defendants disregarded diagnoses, used false diagnoses, submitted false billing claims, represented that procedures were performed by osteopathic and medical doctors when in reality they were performed by osteopathic doctors and chiropractors, waived patients’ required co-payments and deductibles, and took other steps as part of the criminal conspiracy. This took place between 2007 and 2010, according to the indictment.
Prosecutors are also seeking to seize property derived from the criminal conspiracy, including two properties in Boca Raton, FL., a Royal Oak Offshore Chronograph watch and 4.18-karat diamond stud earrings, as well as money, according to the indictment.
“This group bilked insurance companies through a series of false claims and diagnoses to get money, diamonds and expensive homes,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
“This clinic was established not to help the sick and injured, but for the purpose of stealing insurance money,” said Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office. “The individuals charged provided patients with a false diagnosis and submitted inflated claims to insurance companies – all in an effort to line their own pockets. The FBI, along with our federal, state, local and private industry partners, is committed to prosecuting these health care fraud schemes.”
“These defendants went to great lengths to try and hide their ill-gotten cash,” said Kathy Enstrom, Special Agent in Charge, Internal Revenue Service, Cincinnati Field Office. “The IRS will continue to follow the money trail in criminal conspiracies.”
The case is being prosecuted by Assistant U.S. Attorneys Michael L. Collyer and Christos N. Georgalis following an investigation by the FBI and IRS-CI.
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.
Pepper Pike Woman Indicted for $476,000 ID Theft and Tax Fraud SchemeRead the Press Release
A Pepper Pike woman was indicted for an identity-theft scheme in which she attempted to claim $476,000 in fraudulent tax refunds, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio and Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
Ghana Johnson, 45, was indicted on one count of wire fraud, five counts of filing false claims for income tax refunds and five counts of aggravated identity theft.
"This defendant stole identities from unsuspecting people and then tried to get rich off of taxpayers," Dettelbach said.
“Investigating refund fraud and identity theft is a priority for IRS Criminal Investigation,” Enstrom said. “Stealing identities and filing false tax returns is a serious crime that hurts innocent taxpayers.”
She electronically filed 106 false, fictitious, and fraudulent tax returns for tax years 2010 and 2011 — in her own name and others’ — claiming a total of $476,503 in tax refunds. Johnson requested that these false income tax refunds be paid by direct deposit to prepaid debit cards, according to the indictment.
Johnson used stolen means of identification, including names and Social Security numbers, to execute her scheme. She obtained these means of identification in a variety of ways, including from stolen admission records from a medical and dental assistant school in Cleveland, according to the indictment.
Johnson held herself out to be an income tax preparer to family, friends, and others; even though Johnson did not list herself as an income tax preparer on any of the fraudulent income tax returns she filed in the names of others, according to the indictment.
Johnson falsified wage income, federal income tax withholdings, dependents, exemptions, and tax credit information in order to obtain income tax refunds for which neither Johnson nor the individuals she prepared the income tax returns for were entitled to receive. Many of the fraudulent income tax returns filed by Johnson shared common characteristics, including addresses, employers, wages, federal income tax withholdings, and tax credits, according to the indictment.
The Internal Revenue Service, Criminal Investigation Unit, in Cleveland, Ohio conducted the investigation. The case is being prosecuted by Assistant United States Attorney Miranda E. Dugi.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Four People Sentenced to Prison for $360,000 Identity Theft SchemeRead the Press Release
A Cleveland Heights woman was sentenced to nearly 15 years in prison for his role in a widespread identity-theft scheme, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Darnell Nash, 29, was sentenced today to 175 months in prison and ordered to pay $361,341 in restitution. She is the last of four people to be sentenced in the identity theft scheme.
"This crime ring stole people's identities and used them to illegally get hundreds of thousands of dollars," Dettelbach said.
“This sentence sends a clear message that those seeking to commit unemployment insurance fraud will be held accountable. Combating unemployment insurance fraud remains a high priority for the Office of Inspector General. We will continue to work with our law enforcement partners to aggressively investigate those who obtain benefits to which they are not entitled,” said James Vanderberg, Special Agent-in-Charge of the Chicago Regional Office of the U.S. Department of Labor Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
Nash, Kennard Berts, 21, of Cleveland Heights, Dwayne Buchannan, Jr., 22, of Cleveland, and Justin Davis, 26, of Cleveland Heights, indictmented in October on charges including conspiracy to commit mail and wire fraud, mail fraud, wire fraud, aggravated identity theft, and money laundering.
The defendants each entered guilty pleas to charges of conspiracy, mail and wire fraud, and aggravated identity theft. Nash and Berts also entered guilty pleas to money laundering. Approximately $100,000 seized during the investigation was also ordered forfeited to the United States.
U.S. District Judge Donald C. Nugent sentenced Davis to 74 months in prison, Berts to 61 months in prison and Buchannan to 54 months in prison earlier this year.
The defendants were also ordered to pay restitution in the amount of $361,341 to the six state unemployment offices affected.
The defendants executed a “fictitious employer” scheme from about March 2012 to January 2013. They submitted false paperwork to various States’ unemployment-insurance offices where the defendants registered employers that did not actually exist and reported non-existent earnings for fictitious employees. The defendants then submitted false claims for unemployment-insurance benefits of the purported employees, according to court documents.
The defendants used actual individuals’ personal identifying information that the defendants had obtained fraudulently through various misrepresentations including distribution of flyers in urban areas purporting to offer assistance vouchers for food, housing, furniture and clothing. When the individuals called a telephone number listed on the flyers, they were asked to provide personal identifying information, which the defendants later used to file fraudulent claims for unemployment insurance benefits totaling $361,341, according to court documents.
The case was prosecuted by Assistant United States Attorneys, Robert W. Kern, M. Kendra Klump, and James Morford following an investigation by the Department of Labor’s Office of the Inspector General, the United States Secret Service, the United States Postal Inspector, and the Social Security Administration’s Office of Inspector General. Cleveland Heights Police Department also assisted the investigation.
Elyria Man Sentenced to 20 Years in Prison for Selling Heroin and Fatal FentanylRead the Press Release
An Elyria man was sentenced to 20 years in prison for distributing heroin and fentanyl, including fentanyl that caused the death of an Elyria resident last year, law enforcement officials said.
The sentence announced by Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office, Ohio Attorney General Mike DeWine and Elyria Police Chief Duane Whitely.
Siarres R. Noble, age 29, pleaded guilty earlier this year to four counts of distribution of fentanyl, two counts of distribution of heroin and one count of possession with intent to distribute fentanyl.
Noble admitted selling heroin and fentanyl at various times in March and November 2013, including fentanyl that he sold on November 8, 2013, which resulted in the death of an Elyria resident one day later.
“The drugs sold by this defendant killed a woman,” Dettelbach said. “Heroin and fentanyl use leads to death, destroys lives and damages families. This should send a clear message to drug dealers who are doing nothing more than selling poison, that we in law enforcement will work death and overdose cases back from the victims, identify who supplied them the drugs and hold them accountable for their actions.”
“Siarres Noble did not just sell heroin – he sold poison and a woman is dead because of his actions,” Anthony said. “Today’s sentence demonstrates the seriousness of these cases and the strength of our commitment to working them with our local partners.”
“There will be consequences for those who continue to feed addiction in this state, and as today’s sentence makes clear, dealers will be held accountable for deaths caused by their drug sales,” said Attorney General DeWine. “Law enforcement will continue to collaborate on the state, federal, and local level to hold drug dealers and those who assist them responsible.”
Elyria Police Chief Duane Whitely said: “There is a serious drug problem in this country and it is important that law enforcement at every level take the steps necessary to combat the sales of illegal drugs. Sadly, in this case, the sale of drugs led to someone’s death. The weapon used may not have been a gun, but it is just as deadly.
“I want to thank everyone involved in this case for the effort they put into it. Starting with the response from Elyria Police Investigative Unit for responding so quickly to the spike in overdoses that led to the arrest of Siarres Noble for selling the drugs that led to the death. I appreciate the great working relationship with have with the FBI and the U.S. Attorney’s office. It is the strong working relationship between all of these agencies that led to the federal conviction of Siarres Noble,” Whitely said.
This case was investigated by the Elyria Police Department and the Federal Bureau of Investigation and prosecuted by Assistant United States Attorneys Robert F. Corts and Vasile C. Katsaros and Special Assistant United States Attorney Margaret Tomaro of the Ohio Attorney General’s Office.
Warren Man Sentenced to 10 Years in Prison for $15 Million Ponzi SchemeRead the Press Release
A Warren man was sentenced to 10 years in prison for his role in operating a $15 million Ponzi scheme, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation's Cleveland Office.
Keelan Harris, 38, was convicted earlier this year on charges of conspiracy, wire fraud, and money laundering. U.S. District Judge Christopher A. Boyko also ordered Harris to pay $15,596,345 in restitution to over 300 victims of the investment fraud scheme conducted by Harris, his brother Kevin Harris, and Karen Starr, who is a federal fugitive.
The sentence follows Harris’s pleas of guilty to conspiracy to commit wire fraud, seven counts of wire fraud and four counts of money laundering. These crimes arose out of Harris’s role in operating a Ponzi-style investment fraud from 2006 through on or about November 23, 2009, under the business names of Complete Developments LLC (CDL) and later, Investment International Inc. (I3). Offices for these businesses were maintained in Warren, according to court documents.
Kevin Harris is currently serving an 87-month term of imprisonment following his earlier conviction for this same scheme. He and Karen Starr recruited investors, while Keelan Harris opened and managed the business bank accounts. Investors in CDL expected profits from foreign currency exchange trading, and I3 was to generate profits from commercial real estate, high-yield investments, start-up companies, and inventions, according to court documents.
Investors were promised returns of 7 to 12 percent per month, over short-term periods, and were also assured that 80 percent of each investment would be held in secure accounts, and returned at the end of the contracted periods, according to court documents.
Kevin Harris and Karen Starr conducted limited foreign exchange currency trading, and lost money. Thereafter, CDL and I3 were operated as a Ponzi scheme, with Keelan Harris sending purported interest payments to early investors from funds obtained not from profits, but from later investor victims. Over $20 million was raised from over 400 investor victims, and ultimately approximately $15.6 million was lost, according to court documents.
More than $1.9 million was withdrawn from the CDL and I3 accounts in cash by Kevin and Keelan Harris. Approximately $400,000 was used by Kevin and Keelan Harris for personal expenditures, at stores, restaurants, for mortgage payments, car leases, and cell phone bills. Approximately $306,000 was diverted to low-value rental properties in the Warren area, and $308,000 was transferred to Starr in Canada. Approximately $760,000 was diverted to UCAN, another shell company for CDL, and $3.5 million was allegedly invested in a business in the United Arab Emirates. Additional investor funds were used for salaries and commissions, travel expenses, diversions to other investments by the Harrises, and payments to friends and family members, according to court documents.
This case was investigated by the Youngstown Resident Agency of the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorneys Lauren Bell, James V. Moroney, and David Toepfer.Lorain Man Sentenced to Four Years in Prison for Identity Theft and Tax FraudRead the Press Release
A Lorain man was sentenced to four years in prison for identity theft and tax schemes in which he claimed fraudulent tax refunds of more than $121, 000, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
Brent R. Willis was previously found guilty of one count of wire fraud and one count of aggravated identity theft.
Willis fraudulently obtained the identities of 57 people, without their knowledge or permission, from various sources, between January and April 2013. He then purchased approximately 57 prepaid debit cards in their names at stores in and around Lorain, according to court documents.
Willis prepared 57 false personnel income tax returns in the names of the identity theft victims, claiming false refunds in the total amount of $121,061.
“Identity theft is a contemptible modern-day scourge,” Enstrom said. “Law enforcement officers respond to it with every legal resource available. Let this sentence serve as a warning to those who are considering similar conduct.”
This case was prosecuted by Special Assistant U.S. Attorney John M. Siegel and Assistant U.S. Attorney Lauren A. Bell.
Six People Indicted for Conspiracy that Brought Heroin from Georgia to YoungstownRead the Press Release
A 51-count indictment charging six individuals with drug trafficking crimes was unsealed this week, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Joseph P. Reagan, Special Agent in Charge of the Drug Enforcement Administration's Detroit office..
Indicted are: Vincent D. Moorer, 31, of Lithonia, Ga.; Melvin Johnson, 30, of Youngstown; Keyonia Moorer, of Akron; John Angelo Smith, 34, of Youngstown; Charity Cousin, of Warren, and Jabbar Spires, 37, of Youngstown.
They are accused of knowingly conspiring to possess with the intent to distribute and to distribute heroin between 2013 and November 2014.
Vincent Moorer supplied heroin to Johnson for distribution in the Youngstown area. Johnson then supplied heroin to Spires and Smith distribution in Youngstown, according to the indictment
Cousin helped Vincent Moorer transport heroin from Georgia to Ohio, according to the indictment.
Vincent Moorer and Johnson also possessed firearms to protect themselves and their drug proceeds. On September 29, 2014, Vincent Mooerer possessed a firearm in furtherance of a drug trafficking crime, according to the indictment.
The indictment further alleges that on or about November 4, 2014, Moorer, possessed a Glock, model 27, .40 caliber pistol, and 15 rounds of ammunition, after having been previously convicted of felonious assault, in the Mahoning County, Ohio, Court of Common Pleas.
The indictment further alleges that on or about November 4, 2014, Johnson possessed a Smith & Wesson, model SW40VE, .40 caliber pistol; a Glock, model 27, .40 caliber pistol; and 29 rounds of ammunition, after having been previously convicted of being a felon in possession of a firearm, in the U.S. District Court, Northern District of Ohio, and felonious assault, in the Mahoning County, Ohio, Court of Common Pleas.
Moorer, Cousin, Johnson and Keyonia Moorer also conspired and intentionally conducted a series of financial transactions, which transactions involved money from drug proceeds, knowing that the transactions were designed to conceal the nature, location, source, ownership or control of the drug trafficking proceeds, according to the indictment.
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.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration. 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.
Ravenna Man Charged with Making False Statement in Firearm PurchaseRead the Press Release
A federal grand jury returned a one-count indictment charging Jeremy P. Barnette, age 28, of Ravenna, Ohio, with making a false statement to a federally licensed firearms dealer, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on or about March 27, 2014, Barnette, in connection with the acquisition of the following firearms: a Norinco, Model 84S-1, 5.56x45 rifle; a Ruger, Model 03800, 45 ACP pistol; and a Glock, Model 19, 9mm pistol, from Ohio Trading, 8855 State Street, NE, Louisville, Ohio, stated on the Firearm Transaction Report that he was purchasing the firearms for himself, when he was, in fact, purchasing the firearms for another individual who was a convicted felon.
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. The matter is being prosecuted by Assistant United States Attorney Jason M. Katz.
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.
Mansfield Man Charged with Attempted Bank RobberyRead the Press Release
A federal grand jury returned a two-count indictment charging Joseph A. Smith, Jr., age 25, of Mansfield, with attempted armed bank robbery and brandishing a weapon during and in relation to a crime of violence, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on November 12, 2014, Smith Jr. attempted to rob the Directions Credit Union located at 460 South Diamond Street, Mansfield, Ohio, and brandished a firearm.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Mansfield Police Department and the Federal Bureau of Investigation’s Mansfield Office. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
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.
East Liverpool Pair Face Crack Cocaine ChargesRead the Press Release
A federal grand jury returned a one-count indictment charging John N. Lockett III, age 38, and Kaylee Marie Lockett, age 25, both of East Liverpool, Ohio, with conspiracy to possess with intent to distribute and distribution of at least 280 grams of cocaine base, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that beginning at least as early as November 2013 and continuing through December 2013, John N. Lockett III and Kaylee Marie Locket conspired to possess and distribute cocaine base.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
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.
More than 50 People Indicted in Joint Federal-State Operation Targeting Heroin in YoungstownRead the Press Release
A federal grand jury indicted 16 people for their roles in a drug trafficking conspiracy that brought heroin to Youngstown, law enforcement officials said.
An additional 37 people were charged in state court for violations related to the drug trafficking
The indictments were announced by Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office, Joseph P. Reagan, Special Agent in Charge of the Drug Enforcement Administration's Detroit Office, Youngstown Police Chief Robin Lees, Mahoning County Sheriff Jerry Greene and Mahoning County Prosecutor Paul J. Gains.
“This group brought heroin into Youngstown and used firearms to do it,” Dettelbach said. “The FBI and Mahoning Valley Law Enforcement Task Force did a tremendous job in disrupting this drug pipeline.”
“Fifty-three individuals were taken off the streets today as a result of an in-depth, almost two-year joint investigation,” Anthony said. “These collaborative efforts demonstrate that drugs and violence will not be tolerated by law enforcement.”
Sheriff Greene and Chief Lees said in a joint statement: “Today's roundup of suspects is a result of a lengthy investigation and is an excellent example of the cooperation and collaboration between local and federal agencies in the effort to stem the tide of the heroin epidemic.”
Named in the 119-count federal indictment are: Jean Carlos Martinez, 31, of Campbell; Alberto Delgado, 28, of Youngstown; Chael Soto, 28, of Youngstown; Steven M. Filimon, 28, of Youngstown; Michael L. Schmidt, 35, of New Castle, Penn.; Osvaldo Rivera, age and hometown unknown; Carlos Cruz, 39, of Youngstown; Alexander Torres, 43, of Youngstown; Florentino Torres, 45, of Youngstown; Edgardo Esteras, 23, of Campbell; Juan F. Ortiz, age unknown, of Bayamon, P.R.; Felix Calderon, 25, of San Juan, P.R.; Rafael J. Medina-Vazquez, 35, of Youngstown; Amanda J. Leskey, 25, of Youngstown; Yolanda R. Rivera, 55, of Youngstown, and Jennifer L. Hake, 28, of Youngstown.
According to the indictment, all 16 people knowingly conspired to possess with the intent to distribute and to distribute heroin between January 2012 and November 30, 2014. Martinez supplied heroin to Delgado, Soto, Cruz, Alexander Torres, Florentino Torres, Estaras, Ortiz, and Rivera for distribution in the Youngstown area. Delgado supplied heroin to Schmidt for distribution in the New Castle, Pennsylvania, area and to Filimon and Hake for distribution in the Youngstown area, according to the indictment.
Delgado and Filimon possessed firearms to protect themselves and their drug proceeds. Cellular telephones, code words and phrases were used by the co-conspirators to facilitate their drug trafficking activities, according to the indictment.
In addition, multiple defendants are charged with distributing heroin in the Youngstown, Ohio area and possessing firearms to further their drug trafficking activities.
A related eight-count federal indictment was filed charging Filimon and Randy A. Triplett, 24, of Youngstown, with drug trafficking crimes. Filimon and Triplett conspired and possessed with the intent to distribute and distributed heroin and cocaine from May 2014 through November 30, 2014. Triplett supplied heroin and cocaine to Filimon for distribution in the Youngstown area, according to the indictment.
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.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation, the Mahoning Valley Law Enforcement Task Force and the Drug Enforcement Administration. 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.
Cleveland Woman Sentenced to Nearly Four Years in Prison for Tax CrimesRead the Press Release
A Cleveland woman was sentenced to nearly four years in prison for her role in a conspiracy that useed false identities, including those of people incarcerated, to file nearly $2 million worth of false tax claims, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge of IRS Criminal Investigation, Cincinnati Field Office.
Gwendolyn N. White, 32, was also ordered to pay $342,365 in restitution. She was previosuly found guilty of one count of conspiracy to file false claims for income tax refunds with the IRS and on ten counts of filing false claims for refunds with the IRS.
“This defendant knowingly filed false income-tax returns in the names of people whose identities were stolen," Dettelbach said. "She tried to game the system to enrich herself.”
“The defendants who perpetrated this scheme systematically defrauded the government and the taxpaying public,” Enstromm said. “At the IRS, protecting taxpayer money is a matter we take very seriously. IRS Criminal Investigation will continue to vigorously pursue those who unjustly enrich themselves by preparing false claims for refunds.”
Kenneth White, 48, of Cleveland, is scheduled to be sentenced in February. He recruited people to use as claimants on some false tax returns, often with the promise of substantial refunds. White also obtained names, Social Security numbers and other personal identifiers of other people to use as claimants, including people in prison or jail. In some cases, this was done without the knowledge or consent of these other people, according to court records.
Gwendolyn White, at the direction of Kenneth White and for a fee, prepared and electronically filed 10 false income tax returns for the year 2008 in the name of the claimants. The total amount claimed in the returns was approximately $1,995,687, according to the indictment.
This case is being prosecuted by Assistant U.S. Attorney Vasile Katsaros following an investigation by the Internal Revenue Service – Criminal Investigations.
Copley Man Charged for Role in $17 Million Investment FraudRead the Press Release
A Copley man was charged in federal court with defrauding about 70 investors out of approximately $17 million, law enforcement officials said.
Kenneth A. Grant, 66, was charged in a criminal information with one count of conspiracy to commit wire fraud and securities fraud and one count of money laundering.
The charges were announced by Steven M. Dettelbach, 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.
“This case is another sad reminder that so-called investment gurus who make promises of big guaranteed returns should send up red flags,” Dettelbach said. “If something seems too good to be true, it usually is.”
“Ken Grant callously preyed on the desires of many to make wise investments for a secure future and duped them out of their life savings,” Anthony said. “Fraudsters such as Mr. Grant remain a top priority of the FBI.”
“Mr. Grant overpromised and then stole his investors’ funds. Investment fraud is not a victimless crime,” Enstrom said. “IRS Criminal Investigation is proud to bring our forensic accounting skills to this joint venture and help put a stop to this and other types of white collar crime.”
Grant and another individual owned and operated KGTA Petroleum, Ltd. Grant and others marketed KGTA as a company that earned profits from buying and selling crude oil and refined fuel products. Grant and others 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 the information.
KGTA issued investment agreements and promissory notes which offered guaranteed monthly payments up to 5 percent per month or annual payments of approximately 60 percent per year, according to the information. Grant and others – including three registered representatives with PrimeSolutions Securities Inc. in the Akron area – never filed documentation about KGTA with the Securities and Exchange Commission, according to the information.
Grant and others obtained approximately $31 million from about 70 investors between 2010 and 2014 through false and fraudulent pretenses. Grant and others 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 the information.
Grant and others 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, Grant and others defrauded the investors out of approximately $17 million, according to the information.
This case is being prosecuted by Assistant U.S. Attorney Mark S. Bennett and Special Assistant U.S. Attorney Derek Kleinmann following an investigation by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigations.
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.
A criminal 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.
Akron Man Sentenced to Nearly 22 Years in Prison for Child EnticementRead the Press Release
An Akron man was sentenced to nearly 22 years in prison for attempting to lure a 12-year-old into having sex with him, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland Office.
Nicholas B. Bowers, 31, was previously found guilty of one count each of enticement and receipt or distribution of visual depictions of minors engaged in sexually explicit conduct.
"This defendant sent obscene images of himself to a pre-teen girl in an effort to get her to meet with him," Dettelbach said. "We will continue to do all we can to protect our children from online predators."
“Attentive parents and swift law enforcement action has ensured that Mr. Bowers will not be trolling for minors on the Internet,” Anthony said. “This international collaborative law enforcement effort demonstrates that preying on our most precious commodity, our children, will not be tolerated.”
“The Springfield Township Police Department is confident that countless children have been saved from the predatory behavior exhibited by Mr. Bowers. This would have never been possible without the collaborative efforts of the FBI, the Toronto Police Department, and our Detective Bureau,” said Sgt. Eric East, Springfield Township Police Spokesperson.
From 2011 through 2014, Bowers knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct. He also knowingly used a device connected to the Internet, to attempt to persuade, induce, entice and coerce a 12-year-old girl to engage in illegal sexual activity with him.
The investigation began in Toronto, Canada, on January 9, 2014. The parent of a minor female contacted the Toronto Police Service regarding sexually explicit chats and e-mail messages his daughter was receiving. It was determined that the individual resided near Akron. Chats and e-mail exchanges continued with the Toronto Police Service portraying themselves as the minor female. Toronto Police Service contacted the local authorities in Ohio, more specifically, the Springfield Township Police Department, which has jurisdiction over the area where Bowers resided.
The Springfield Township Police Department and the FBI continued the investigation, resulting in a local search warrant being obtained and executed on January 14, 2014, at the location where Bowers resided. During the execution of this search warrant, USB storage devices and CDs were among the items seized. These specific items were labeled with file names suggesting minor ages and the words “child porn pics.”
This case was prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Akron Office of the Federal Bureau of Investigation, the Springfield Township Police Department, and the Toronto Police Service.
Former Director of Anesthesiology School Sent to Prison for EmbezzlementRead the Press Release
The former director of the Cleveland Clinic Foundation Nursing Anesthesiology School was sentenced to two years in prison for embezzling $215,760 from the school, said U.S. Attorney Steven M. Dettelbach.
Paul Blakeley, 59, of Concord Township, was also ordered to pay restitution in the same amount to the Cleveland Clinic Foundation by U.S. District Judge Sara Lioi.
Blakely pleaded guilty to a one-count information in September.
From 2007 to 2013, Blakeley issued approximately 110 checks drawn on accounts maintained by the Cleveland Clinic Foundation Nursing Anesthesiology School without authorization, and made them payable to his spouse, and various merchants and credit card issuers. On approximately 50 of the unauthorized checks, Blakeley forged the payee’s endorsement before depositing them into his personal bank account, according to court documents.
The case was being prosecuted by Assistant United States Attorneys Robert W. Kern and Miranda Dugi following an investigation by the Cleveland Clinic Protective Operations and the United States Secret Service.
Justice Department and City of Cleveland Agree to Reform Division of Police after Finding a Pattern or Practice of Excessive ForceRead the Press Release
Attorney General Eric Holder announced today that the Justice Department’s civil rights investigation into the use of force by the Cleveland Division of Police has found a pattern or practice of unreasonable and unnecessary use of force. To address these findings the Justice Department and the city of Cleveland have signed a statement of principles committing them to develop a court enforceable consent decree that will include a requirement for an independent monitor who will oversee and ensure necessary reforms.
“Accountability and legitimacy are essential for communities to trust their police departments, and for there to be genuine collaboration between police and the citizens they serve,” said Attorney General Eric Holder. “Although the issues in Cleveland are complex, and the problems longstanding, we have seen in city after city where we have been engaged that meaningful change is possible. There are real, practical and concrete measures that can be taken to ensure not only that police services are delivered in a constitutional manner, but that promote public safety, officer safety, confidence and collaboration, transparency, and legitimacy.”
The investigation, launched in March, 2013, assessed use of force practices of the Cleveland Division of Police following a number of high profile use of force incidents and requests from the community and local government to investigate the division. The investigation concluded that there is reasonable cause to believe that Cleveland police officers engage in a pattern or practice of unreasonable and in some cases unnecessary force in violation of the Fourth Amendment of the Constitution. That pattern or practice includes:
- The unnecessary and excessive use of deadly force, including shootings and head strikes with impact weapons;
- The unnecessary, excessive or retaliatory use of less lethal force including Tasers, chemical spray and fists;
- Excessive force against persons who are mentally ill or in crisis, including in cases where the officers were called exclusively for a welfare check; and
- The employment of poor and dangerous tactics that place officers in situations where avoidable force becomes inevitable.
After determining that a pattern or practice of unconstitutional conduct exists, the investigation assessed the causes for the pattern and developed recommended remedial action. The investigation concluded that Cleveland officers are not provided with adequate training, policy guidance, support, and supervision. Additionally, systems of review that would identify problems and correct institutional weaknesses and provide individual accountability are seriously deficient. The investigation found that division fails to:
- Adequately review and investigate officers’ uses of force;
- Fully and objectively investigate all allegations of misconduct;
- Identify and respond to patterns of at-risk behavior;
- Provide its officers with the support, training, supervision, and equipment needed to allow them to do their jobs safely and effectively;
- Adopt and enforce appropriate policies; and
- Implement effective community policing strategies.
The investigation also found that this pattern of excessive force has eroded public confidence in the police. The trust between the Cleveland Division of Police and many of the communities it serves is broken. As a result, public safety suffers and the job of delivering police services is more difficult and more dangerous. Throughout the investigation, the Department of Justice provided its observations and concerns to the city, and in response, the division has begun to implement a number of remedial measures, however much more work is needed. This afternoon Attorney General Eric Holder, Acting Assistant Attorney General Vanita Gupta and U.S. Attorney Steven Dettelbach will host a joint meeting with community leaders, law enforcement officials and elected officials to discuss how to improve their working relationship and address the problems and challenges identified by the Department of Justice.
“We look forward to working together with the city of Cleveland, members of the Cleveland community and Cleveland police officers to address the deficiencies that have led to this pattern of unnecessary and excessive force,” said Acting Assistant Attorney General Gupta. “Together, we can build confidence in the division that will ensure compliance with the Constitution, improve public safety and make the job of delivering police services safer and more effective.”
“Our independent investigation, conducted at the request of the Mayor and others, revealed troubling patterns of the use of force in the Cleveland Division of Police,” said U.S. Attorney Dettelbach. “We applaud the division and the city for beginning to implement necessary reforms and are pleased that the city has entered into a statement of principles agreeing to negotiate a consent decree with outside monitoring that will guide the development of a sustainable blueprint for reform. It will take a joint effort by all stakeholders to ensure that this critical initiative is a success.”
The investigation was conducted jointly by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Northern District of Ohio. The investigation involved an in-depth review of thousands of pages of documents, including written policies and procedures, training materials, and internal reports, data, video footage and investigative files. Department of Justice attorneys and investigators also conducted interviews with officers, supervisors and command staff, and city officials; and spoke with hundreds of community members and local advocates. This investigation was separate from any criminal investigation of any specific incident of alleged misconduct.
Individuals who wish to have input into developing the reforms or who have information relevant to the Justice Department's investigation into the use of force by the Cleveland Division of Police are encouraged to contact us by email at community.cleveland @usdoj.gov or by calling our toll free number, (202) 307-6479.
Read a copy of the Executive Summary here
Leer una copia del resumen ejecutivo aquí
Read a copy of the Findings Letter here
Read a copy of the Statement of Principles here
Lea una copia de la Declaración de Principios aquí
Former Head of Anti-Poverty Agency Sentenced to Prison for Accepting BribesRead the Press Release
The former head of a Cleveland-area anti-poverty agency was sentence to 30 months in prison for accepting more than $23,000 in cash, home renovations and other things of value in exchange for steering work to specific contractors, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office, and Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region.
Jacqueline K. Middleton, 69, of Shaker Heights, pleaded guilty earlier this year to two counts of honest services fraud, one count of bribery in federally funded programs and one count of Hobbs Act Conspiracy.
“Middleton violated the trust of taxpayers and the people she had pledged to serve,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
“Middleton padded her pocket with monies for federally funded contracts she awarded,” Anthony said. “Law enforcement will continue to root out individuals illegally capitalizing on their trusted position. ”
“Ms. Middleton held a position of trust and was expected to be a good steward in her utilization of taxpayer funds. She chose otherwise and was held accountable for her actions” Pugh said. “The OIG will continue to investigate allegations involving the misuse or misappropriation taxpayer funds in concert with our law enforcement and prosecutorial partners to ensure that those who breech the public’s trust are held accountable.”
Middleton served as president and chief executive officer of the Council of Economic Opportunities of Greater Cleveland. The CEOGC was organized with the purpose of serving low-income people of Cuyahoga County and Greater Cleveland. The CEOGC administered several federal, state and local programs designed to address the needs of low-income individuals, including Head Start, the Community Services Block Grant program and the Home Energy Assistance program.
From 2008 through around August 7, 2012, Middleton used her official position to enrich herself by soliciting and accepting gifts, payments and other things of value from contractors who did business with CEOGC. These gifts and payments were made in exchange for favorable action from Middleton for the payors and their companies, according to the information.
Middleton solicited and accepted gifts, payments and other things of value totaling more than $12,017 from a person identified as Contractor No. 1 and totaling approximately $11,200 from a person identified as Contractor No. 2. The things of value included kickbacks from CEOGC payments, home renovation work and payments to vendors for related supplies on her behalf, according to the information.
Middleton provided official favorable action Company No. 1 and Contractor No. 2 as requested and as opportunities arose. That included authorizing CEOGC contracts which retained Contractor No. 2 for consulting services and which retained Company No. 1 for work including parking lot renovations, classroom remodeling and flooring remodeling at various sites and offices administered by CEOGC, according to the information.
The case is being prosecuted by Assistant U.S. Attorney Michael L. Collyer following an investigation by the Federal Bureau of Investigation and the Department of Health and Human Services—Office of Inspector General.
Cleveland Man Indicted for Identity Theft and Credit Card FraudRead the Press Release
A Cleveland man was indicted today for operating an identity theft and credit card fraud scheme in which he defrauded 10 companies out of nearly $270,000, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.
Paul R. Tomko, 41, was indicted on 10 counts of bank fraud, nine counts of access device or credit card fraud, one count of aggravated identity theft, and one count of wire fraud. Tomko is accused of defrauding nine financial institutions out of $256,797 and one company out of $13,247 in 2013. He did this through the unauthorized use of another’s personal identification to obtain credit cards and lines of credit in that person’s name, according to the indictment.
Tomko approached someone identified as J.S. and sought financial assistance in paying for a lawn mower for the maintenance of property Tomko had in the Cinema Park Development, as required by the city of Warrensville Heights. Tomko obtained J.S.’s personal identification information in the process. Tomko then obtained nine credit cards and opened lines of credit in the name of J.S., and in the name of J.S.’s company, JMS Services Corporation, using the personal information of J.S. without J.S.’s authorization or knowledge, according to the indictment.
Tomko, without the authorization or knowledge of J.S., used the credit cards and lines of credit in the name of J.S. and JMS Services Corporation for Defendant’s own personal use, thereby running up a balance due and owing on each of these credit cards and lines of credit. Once Tomko ran up a balance on these credit cards, he then engaged in a scheme in which he made a payment on each of these credit cards with a worthless check or using an intentionally incorrect account number, thereby keeping the line of credit in place, or even increasing the line of credit with the appearance of a payment. Once Tomko’s check or payment was dishonored or returned, Tomko ceased to make any payments, leaving the financial institutions with a loss.
As a result of this scheme, the indictment charges that Tomko caused losses to the below listed financial institutions in the following approximate amounts:
Financial Institution
Amount
Key Bank
$63,629.72
$42,791.35
FNBO
$9,415.00
AmEx
$16,358.16
US Bank
$33,522.02
Barclays
$28,286.74
GE Capital
$10,000.00
Fifth Third
$23,894.84
Capital One
$28,899.67
Total
$256,797.50
Some of the unauthorized charges made by Tomko included payments by Tomko for the Cinema Park development property taxes ($33,882 and $26,252); the payment to Tomko’s defense attorneys to represent him in a criminal case ($8,700, $6,000 and $5,500); the payment of $10,000 to a physician for a medical procedure for Tomko; and numerous payments to Tomko as Dr. Paul Tomko. In the wire fraud charge, Tomko also used email communication to set up an unauthorized account, through JMS Services, to defraud Balboa Capital, an equipment leasing company in California, out of approximate $13,247, according to the indictment.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt. If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorneys Christian H. Stickan and Christos N. Georgalis following investigation by the FBI, Cleveland Office.
Solon Man Sentenced to Nearly 11 Years in Prison for Defrauding Credit UnionRead the Press Release
The former chief executive officer of Taupa Lithuanian Credit Union sentenced to nearly 11 years in prison for leading a conspiracy that defrauded the credit union out of $15 million, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office.
Alex Spirikaitis, 52, pleaded guilty earlier this year to one count of conspiracy to commit bank fraud. Spirikaitis personally embezzled about $4.2 million from Taupa between 2001 and 2013 and used the money to build a home in Solon, obtain a luxury suite at Cleveland Browns games, and buy multiple vehicles and firearms, according to court documents.
U.S. District Judge James Gwin sentenced Spirikaitis to 130 months in prison and ordered him to pay $15 million in restitution.
“This defendant is now paying the price for stealing millions of dollars from credit union members who entrusted him,” Dettelbach said. “He lived a life of luxury based on stolen money.”
“Alex Spirikaitis spent more than a decade engaged in corrupt actions before fleeing from the home he purchased with credit union funds,” Anthony said. “The FBI is proud that this fraudster was brought to justice.”
The National Credit Union Administration and the Ohio Department of Commerce took possession of Taupa last year and placed it into receivership due to its insolvency. Taupa had about 1,150 members and assets of approximately $24 million, according to court records.
Spirikaitis used the money he embezzled buy multiple firearms, which he stored at the credit union, and a suite for Cleveland Browns games. He used Taupa’s money to purchase nine vehicles for himself and his family between 2007 and 2012, according to court records.
He also used Taupa funds to write 26 checks between November 2011 and November 2012, totaling $1,655,000, to build a home on Liberty Road in Solon, according to court records.
He also engaged in a conspiracy with several other people, and their actions led to a loss of approximately $15 million to the credit union and NCUA. Spirikaitis allowed friends and associates to overdraw their accounts by more than $1 million. He also approved loans without seeking any relevant financial information, according to court documents.
This case is being prosecuted by Assistant United States Attorney Robert J. Patton and Special Assistant United States Attorney Derek Kleinmann. The case was investigated by the Federal Bureau of Investigation.
Copley Man Sentenced to Nearly Five Years in Prison for Investment FraudRead the Press Release
A Copley man was sentenced to nearly five years in prison for operating a fraudulent investment scheme which caused investors to lose nearly $1.8 million, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Anthony Davian, 35, pleaded guilty earlier this year to one count of securities fraud, two counts of mail fraud, four counts of wire fraud, and seven counts of money laundering. He was sentenced to 57 months in prison and ordered to pay $1,787,679 in restitution, as well as forfeiting property.
“This defendant deceived clients to line his own pockets,” Dettelbach said. “We will continue to aggressively pursue cases in which investors are cheated out of their savings.”
Davian used his hedge fund, Davian Capital Advisers, LLC, to promote and sell securities to at least 20 investors across several states between Between 2008 and 2013, resulting in $1.8 million in overall investor loss, according to court documents.
Davian purported to sell securities in the form of shares in the various funds he created and controlled, including Davian Capital, Rubber City Gravity, Rubber City Pure Alpha, Cleveland Precious Metals Fund, and others. Instead, he used the investors’ monies to redeem earlier investors, enrich himself and pay off personal expenses, such as the purchase of an Audi Q7 Prestige, according to court documents.
The investigation revealed that Davian cajoled investors’ into giving him hundreds of thousands of dollars by claiming to manage hundreds of millions of dollars to make himself appear more sophisticated than he really was and by falsifying client account statements, according to court documents.
This case is being prosecuted by Assistant U.S. Attorneys Christos N. Georgalis, Matthew Cronin and James Morford following an investigation by agents of the United States Secret Service, the Internal Revenue Service and the United States Postal Service.
U.S. Attorney's Office and Partners Report Progress One Year after Heroin SummitRead the Press Release
One year after a summit focused on heroin and opioid addiction, many of the participants came together to provide an update to the community on activity and progress that has been made since the summit.
The Cleveland Clinic and United States Attorney’s Office, together with many partners, hosted “Heroin: A Crisis Facing Our Entire Community.” The summit resulted in the formation of a working group and a community action that that looked at heroin and opioid abuse from the perspectives of the medical, treatment, prevention and law enforcement communities.
Among the developments since the Heroin and Opioid Summit:
- Drop boxes for prescription pills now exist in most communities in Cuyahoga County, resulting in the collection of more than 13,000 pounds of pills.
- House Bill 170 was signed into law, following testimony by some of the participants of the heroin summit. Project DAWN (Deaths Avoided With Naloxone) has nearly 1,000 registrants and documented nearly 100 reversals.
- Cuyahoga County and the Cuyahoga County Medical Examiner’s Office provided money for a variety of regional cooperative law enforcement groups to purchase an initial supply of Naloxone for officer use.
- Cleveland Police, the Cuyahoga County Sheriff and the Cuyahoga County Prosecutor developed investigative protocols so fatal heroin overdoses are now fully investigated and treated as crime scenes.
- Three heroin cases have been prosecuted in federal court under a “death-specification” sentencing enhancement in cases that resulted in death. Sentences have ranged from 12 to 20 years in prison.
- The Cuyahoga County Prosecutor has filed eight heroin-related manslaughter indictments since the summit.
- Three physicians have been indicted in federal court of illegally dispensing tens of thousands of doses of prescription painkillers.
- Members of the working group have participated in nearly 100 community, school or public events in the past year to raise awareness about the dangers posed by heroin and opioids, as well as extensive publicity campaigns undertaken by the ADAMHS Board and Cuyahoga County Prosecutor.
- A second judge will be added to handle Cuyahoga County’s Drug Court docket.
Despite these efforts, heroin overdose remains a leading cause of death in Cuyahoga County, and deaths continue are expected to hover around 200 this year. That figure represents a nearly 400 percent increase from a decade ago. Police and prosecutors report a huge influx in both the availability of heroin and the number of heroin-related crimes.
There are also significant challenges from this crisis that are facing the medical profession. Doctors are grappling with how to effectively treat pain will responsibly prescribing opioids. Treatment professionals struggle with how to provide resources and help to people struggling with addiction, while parents, educators and others search for effective strategies to keep people from trying heroin in the first place.
“The heroin epidemic in Northern Ohio is a law enforcement problem, a treatment problem, a medical problem, a public-health problem and a societal problem,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “Only by working together for comprehensive solutions will we begin to turn the tide. This group has continued to work together to push for substantive changes on everything from the availability of Naloxone to how heroin fatalities are investigated. There is still work to do, and we will continue to do it.”
Cuyahoga County Executive Edward FitzGerald said: “Over the last year, we have worked collaboratively to bring law enforcement officials, public health experts, and other stakeholders from across Northeast Ohio together to implement a comprehensive strategy that will end the epidemic of heroin abuse in our region. I am proud of the work we’ve accomplished so far – especially the cutting-edge practices and procedures established by the Cuyahoga County Medical Examiner’s Office, led by Dr. Tom Gilson. As this critical public health effort moves forward in the weeks and months to come, I am confident that we have laid the groundwork that will help finally reverse the trend of opiate addiction in our region.”
“Solving the heroin epidemic in our community requires collaboration among doctors, treatment professionals, legislators, educators and law enforcement agencies,” says Jason Jerry, M.D., a Cleveland Clinic physician in the Alcohol and Drug Recovery Center. “It’s our role as healthcare professionals to educate our counterparts about the most effective, evidence-based treatment options available for those suffering from addiction, we are moving in the right direction, but still have important work ahead of us.”
The summit and subsequent working group includes representatives from the United States Attorney’s Office, the Cleveland Clinic, the Cuyahoga County Executive, the Ohio Attorney General, MetroHealth Medical Center, University Hospitals, Cuyahoga County Common Pleas Court, the Cleveland Division of Police, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Ohio State Medical Board, the Ohio State Pharmacy Board, Cuyahoga County Board of Health, the Cuyahoga County Medical Examiner, the Cuyahoga County Prosecutor, the ADAMHS Board., the Westshore Enforcement Bureau and others.
Sylvania Man Sentenced to Nearly Five Years in Prison for Criminal Schemes Centered Around IHOP RestaurantsRead the Press Release
Mazen Khdeer was sentenced to nearly five years in prison for his role in a series of criminal schemes that money laundering, identity theft, alien harboring and arson, centered around seven IHOP restaurants in northwest Ohio and Indiana, law enforcement officials announced today.
Khdeer, 55, of Sylvania, was also ordered to pay $1.3 million in restitution and to forfeit two properties. He previously pleaded guilty to 13 counts, including money laundering, malicious use of fire, conspiracy to harbor aliens, identity theft, conspiracy to commit health care fraud and filing false claims..
Khdeer was the last of 18 people to be sentenced for their roles in a series of criminal schemes that resulted in losses of more than $3 million.
“These defendants turned pancakes houses into crime dens,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “These defendants engaged in a range of crimes ranging from harboring undocumented workers to identity theft to money laundering to insurance fraud.”
"Today is the final sentencing of 18 individuals who utilized a chain of IHOP restaurants as their platform to engage in organized crime," said Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland office. "This wraps up years of tenacious investigative and prosecutorial work by all agencies involved."
Other sentences included Tarek “Terry” Elkafrawi, whe was sentenced to eight years in prison, Tarek Eid Omar, who was sentenced to more than four years in prison, and Jose Leon-Gonzalez, who was sentenced to more than three years in prison
Elkafrawi owned seven IHOP restaurants in Evansville, Indiana and Holland, Toledo (two locations), Findlay, Perrysburg and Lima, Ohio. He and others used their control of the restaurants to execute various criminal activities to fraudulently manipulate sales figures, salaries and payrolls to evade taxes, avoid paying royalties and illegally divert money from the IHOP franchises to themselves, according to court documents.
Elkafrawi employed about 200 illegal immigrants to work at his restaurants, most of whom used fraudulent or stolen identities while working. He and others employed several people to arrange for the arrival of the workers. If the worker had false paperwork or documentation, the manager would accept it without verification; if they did not have documentation, Elkafrawi and others would arrange for Carlos Gonzales and others to obtain fraudulent documentation for the workers, according to court documents.
Elkafrawi also arranged for managers to cash payroll checks for the illegal workers. Elkafrawi and others assigned second identities to workers to avoid paying overtime wages and reduce the restaurants’ payments to the Ohio Bureau of Workers Compensation. They were also able to underpay the undocumented workers because they knew the workers would not complain or report them to law enforcement. Overall, Elkafrawi and others were able to generate $1.2 million in unreported income by manipulating wages and underreporting income of undocumented workers, according according to court documents.
In 2008, the Findlay IHOP burned as the result of arson. The fire was started by Gonzales at the direction of Elkafrawi and a Khdeer to facilitate an insurance fraud scheme. Elkafrawi claimed approximately $1.3 million in fraudulent insurance claims, based in part on inflated payroll claims, lost income and invoices, according to court documents.
Khdeer used two identities to split his salary from the restaurants between two paychecks, creating lower reportable income for both. Using those identities, he claimed approximately $140,000 in Medicaid payments and $35,000 in food stamps and welfare benefits from the state of Ohio. Khdeer and Elkafrawi created a false property company to which Khdeer paid “rent” to Elkafrawi to show a lower income. Elkafrawi and Khdeer sanctioned and encouraged employees to file fraudulent claims, according to court documents.
This case is being prosecuted by Assistant United States Attorneys Duncan T. Brown following an investigation by the Federal Bureau of Investigation, Immigration and Customs Enforcement – Homeland Security Investigations, Internal Revenue Service, the Ohio Bureau of Worker’s Compensation and Toledo Police.
Former Executive at North Canton Company Sentenced to more than Two Years in Prison for Violating Campaign Finance LawsRead the Press Release
The former chief financial officer at a North Canton company was sentenced to more than two years in prison for violating campaign finance laws and conspiring to obstruct justice, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.
Michael Giorgio, 63, of Cuyahoga Falls, was sentenced to 27 months in prison. He pleaded guilty earler this year to seven counts: one count of conspiracy to violate the campaign finance laws, two counts of substantive campaign finance violations, three counts of causing the campaigns to make false statements in their FEC reports, and one count of conspiracy to obstruct justice..
Giorgio admitted that while he worked at Suarez Corp., he and others funneled almost $200,000 in conduit contributions to U.S. House adn Senate campaigns in the 2012 election. Court documents detial 18 contributions, all made in March 2011, to a 2012 House campaign. It also details 20 contributions, all but one made in May 2011, to a 2012 Senate campaign.
Giorgio also admitted to obstructing justice. He did this by causing another executive at Suarez Corp. to create and distribute documents entitled “Advance on Profit Sharing” for all but one Suarez Corp. employee or contractor who has been reimbursed for campaign contributions. Those documents were intended to create the impression that the reimbursement payments that Suarez Corp. previously made to the conduit contributors were actually “advances” that all along were meant to be repaid to the company by the employees and contractors. They did this after newspaper reports detailed the suspicious contribution, according to court documents.
This case is the result of an investigation by the FBI-Canton Resident Agency. It is being prosecuted by Assistant United States Attorneys Carole S. Rendon and Rebecca Lutzko.
Ashland Man Sentenced to 15 Years in Prison for Child ExploitationRead the Press Release
Christopher D. Rarick, 35, of Ashland, was sentenced to more than 15 years in prison for exploiting children, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.
Rarick pleaded guilty earlier this year to two counts of child exploitation and one count of possession of child pornography. U.S. District Judge Benita Pearson sentenced him to 188 months in prison.
Rarick was stopped for a traffic violation by an Ashland police officer on Feb. 14, 2013. Rarick became agitated and noncompliant and was arrested. At one point during the encounter Rarick produced his cell phone and claimed to be recording the encounter with police. The cell phone was seized as evidence after the arrest, according to court documents.
Ashland police obtained a search warrant for the phone, seeking files related to the traffic stop. Upon searching the phone, police also found numerous pictures and videos of child pornography. Police obtained another search warrant and found images of juveniles engaged in various sex acts. Three of the videos were of what police described as an apparent rape by Rarick of a young girl who was passed out, according to court documents.
This case was prosecuted by Assistant U.S. Attorney Michael A. Sullivan following an investigation by the FBI and the Ashland Police Department.
Six People Charged with Bringing Crystal Meth to Cleveland from CaliforniaRead the Press Release
Six people were indicted in federal court for their roles in a conspiracy to bring crystal methamphetamine from California and sell it in Cleveland, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Named in the six-count indictment are: Chauncey D. Dennis, 35, Michael J. Coolidge, 51, and Ross Cipolla, 49, all of Cleveland; Aja S. Brown, 33, of Van Nuys, Calif.; Christian Joe Villasenor, 32, and Hazel Hamilton, 28, both of Los Angeles.
Dennis, Coolidge and Cipolla obtained the crystal meth from Brown, Villasenor and Hamilton in California, then redistributed the drug in Cleveland between August and October 2014, according to the indictment.
Dennis sent money orders to dealers in Los Angeles and Van Nuys, Calif., who in turn mailed packages containing crystal meth to Dennis at 10121 Unity Ave., Upper Unit, in Cleveland. On Sept. 15, Coolidge picked up the drugs from Dennis and delivered them to Cipolla at a storage facility at 6000 Clark Ave. in Cleveland, according to the information.
Count 1 charged all six for their roles in the conspiracy.
Count 2 charged Cipolla with possession of GHB with intent to distribute.
Counts 3 and 4 charged Dennis and Brown with using a communication facility to facilitate a felony, while Counts 5 and 6 charge them with conducting financial transactions involving proceeds from unlawful activity.
The case is being prosecuted by Special Assistant U.S. Attorney Margaret Tomaro, an Assistant Attorney General for the State of Ohio. The case was investigated by U.S. Postal Inspection 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.
Ohio Man Charged with Making ThreatsRead the Press Release
A federal grand jury returned a two-count indictment charging Charles James Reighard, age 67, of Burghill, Ohio, with mailing threatening communications, and threatening to damage or destroy a building by means of an explosive, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Count 1 of the indictment charges that from on or about September 4, 2014, to on or about October 17, 2014, Reighard sent communications to his victim with the intent to extort money from him and which contained a threat to injure him and/or his family.
Count 2 of the indictment charges that on or about October 16, 2014, Reighard engaged in conduct with the intent to convey false or misleading information that the offices at 6630 Seville Drive, in Canfield, Ohio, would be damaged or destroyed by an explosive.
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 case is being prosecuted by Assistant United States Attorney Justin Seabury Gould, following an investigation by the Federal Bureau of Investigations of Youngstown, and the Mahoning County Sheriff’s 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.
Man Charged for Armed Robbery of Cleveland Heights StoreRead the Press Release
A federal grand jury returned a two-count indictment charging Willie L. Monroe, 32, of Cleveland, with one count of interference with commerce by means of robbery and one count of using and carrying a firearm during and in relation to a crime of violence.
The indictment alleges that Monroe, and other unknown individuals, attempted to rob a Family Dollar store in Cleveland Heights, Ohio, on September 23, 2014. It further alleges that Monroe and the other robbers carried and brandished a firearm during the incident.
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 the sentence 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, Cleveland Division, and the Cleveland Heights 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.
Brooklyn Woman Charged with Passing Counterfeit BillsRead the Press Release
A federal grand jury returned a one-count indictment charging Reneisha Ferguson, aka “Christine Purcell,” age 25, of Brooklyn, New York, with passing counterfeit notes, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
On or about April 30, 2012, through December 9, 2012, Ferguson exchanged, transferred and delivered false, forged and counterfeited $100 Federal Reserve notes with the intent that the notes be accepted as genuine, 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 United States Secret Service and the Fairlawn 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.
Former CFO Charged with Stealing $1.2 Million, Spending Some of the Money on Women he Met OnlineRead the Press Release
The former chief financial officer of Alotech Ltd. was charged with defrauding his former employer out of more than $1.2 million, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office.
A criminal information was filed in federal court charging John H.C. Black, 56, of Cleveland Heights, with one count of wire fraud.
Black spent more than $450,000 of the stolen money buying cars and making purchases at Louis Vuitton, Sak’s Fifth Avenue, Victoria’s Secret, Neiman Marcus and other stores for women that Black met on the web site www.seekingarrangements.com, according to the information.
“According to these charges, this defendant defrauded his employer and betrayed the trust of all those who worked at Alotech,” Dettelbach said. “The fact that he blew hundreds of thousands of dollars on lingerie, purses and shopping trips to Chicago for women he met online only adds insult to injury.”
“Buying female companionship with Alotech’s bank account was not what John Black was hired to do,” Anthony said. “Black is being held accountable for the numerous financial schemes he utilized to defraud the company that paid his salary.”
Black was employed as the CFO at Alotech from July 1, 2009, through Aug. 31, 2012. Alotech is headquartered in Brooklyn, Ohio, and is engaged in the manufacture, research and development of cast parts used by the military, auto industry and aerospace industry, among other applications, according to the information.
He began to use Alotech’s business checking account for personal expenditures in early 2011. Black also encouraged Alotech’s chief executive officer to obtain two corporate credit cards – one in Black’s name and one in the CEO’s name – to be used in case of emergency. Black also obtained a debit card without authorization of Alotech of the company’s CEO, according to the information.
Black began issuing multiple corporate checks for his personal benefit around early 2011, and withdrawing cash from ATMs with the unauthorized debit card, according to the information.
Around October 2011, Black met multiple women through the website www.seekingarrangements.com. The website purported to match younger females, approximately 20-30 years old, with rich, older men. The men agreed to provide the women with cash and gifts in exchange for their companionship, according to the information.
Between October 2011 and August 2012, Black provided cash and gifts with money that he fraudulently obtained from Alotech. These include multiple personal vacations to Chicago and numerous purchases there. This also includes purchases at Hannoush Jewelry, Macy’s.com, Neiman Marcus, Louis Vuitton, Sak’s Fifth Avenue and Victoria’s Secret, according to the information.
He also purchased two automobiles for one of the women, including an Audi, according to the information.
This indictment is the result of an investigation by Federal Bureau of Investigation. The case is being prosecuted by Special Assistant U.S. Attorney Derek Kleinmann.
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.
Concord Man Pleads Guilty to Defrauding Credit Union Out of $2.3 MillionRead the Press Release
A Concord Township man pleaded guilty today to defrauding Taupa Lithuanian Credit Union out of $2.3 million, law enforcement officials said.
John Struna, 52, is scheduled to be sentenced Feb. 25. He pleaded guilty to seven counts -- one count of conspiracy to commit bank fraud, one count of bank fraud, one count of making false statements and four counts of money laundering.
Struna will forfeit a restaurant he owns – the Sunny Street Café in Concord Township – as well as a condominium in Florida and a 2014 Mazda because they were purchased with proceeds of the fraud, according to court documents.
The guilty plea was announced by Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office, and Kathy Enstrom, Special Agent in Charge of the Internal Revenue Service – Criminal Investigations.
The National Credit Union Administration and the Ohio Department of Commerce took possession of Taupa last year and placed it into receivership due to its insolvency. Taupa, based in Cleveland, had about 1,150 members and assets of approximately $24 million, according to court records.
Credit union CEO Alex Spirikaitis, former teller Michael Ruksenas and Vytas Apanavicius have previously been found guilty for their roles in conspiracies related to defrauding the credit union.
Struna maintained both personal and corporate accounts at Taupa dating back to 1995. He began a conspiracy with Spirikaitis in 2002 and continued through 2013, during which time Spirikaitis caused Taupa to make approximately 46 fraudulent transfers into Struna’s accounts, according to court documents.
In 2011, Struna requested and received $112,105 from Spirikaitis for the purchase of a condominium located in Ft. Myers, Florida. At no time did Struna submit any credit applications or loan documents, according to court documents.
The fraudulent transfers totaled approximately $2.3 million. From 2002 through 2013, Struna repaid only approximately $15,000 of the $2.3 million Spirikaitis transferred into his accounts, according to court documents.
This case is being prosecuted by Assistant United States Attorney Robert J. Patton and Special Assistant United States Attorney Derek Kleinmann. The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service.
Former Eaton Employee Indicted for Installing MalwareRead the Press Release
A federal indictment was unsealed today charging Arturas Samoilovas, age 35, of Stow, Ohio, with one count of transmitting and attempting to transmit computer codes, programs or commands, intending to cause damage to a protected computer, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office.
“This defendant sought to disrupt a company’s operations through its computer system,” Dettelbach said. “Cyber security is a priority for our office, to protect both our national security and the companies and employers in our district.”
“Mr. Samoilovas, a former contractor at Eaton with considerable knowledge of the company's computer networks, must be held responsible for his criminal actions,” Anthony said. “If activated, his placement of malicious software, also known as ‘malware’, would have caused significant damage to Eaton Corporation's internal computer network.”
Samoilovas was employed at Eaton Corporation as a contract employee between November 2013 and May 21, 2014, where he worked as a financial analyst. Samoilovas applied for several other positions at Eaton prior to the expiration of his temporary employment contract, but was not selected, according to the indictment.
On or about May 21, 2014, Samoilovas accessed the Eaton Corporation computer system and inserted certain malicious computer codes, programs or instructions which would delete files or data from the Eaton Corporation computer system. The malicious code was discovered after Samoilovas contacted a former co-worker on May 23, 2014, and disclosed the existence of the malicious code, according to the indictment.
The case is being prosecuted by Assistant United States Attorney Robert W. Kern following an investigation by the Cleveland office of the Federal Bureau of Investigation.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Benjamin Suarez Sentenced to more than a Year in PrisonRead the Press Release
Benjamin Suarez was sentenced to 15 months in prison for obstruction of justice, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.
Suarez, 73, of Canton, was convicted in June of one count of obstruction of justice following a jury trial. Suarez was acquitted on seven counts related to campaign finance laws.
"The judge was correct that this defendant's criminal conduct struck at critical part of our democracy, our justice system," Dettelbach said "This sentence sends a simple message: no one is above the law."
"Benjamin Suarez has been held accountable for impeding the pursuit of justice," Anthony said. "It is imperative that law enforcement be able to fulfill their sworn duties when investigating any possible violation of the law."
Judge Patricia A. Gaughan also sentenced Suarez to two years of supervised release and fined him $15,000.
This case is the result of an investigation by the FBI-Canton Resident Agency. It is being prosecuted by Assistant United States Attorneys Carole S. Rendon, Rebecca Lutzko and Matthew Cronin.
Akron Doctor Charged for Illegally Distributing Prescription PainkillersRead the Press Release
A criminal information was filed charging an Akron physician with illegally distributing tens of thousands of doses of prescription painkillers, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Brian Heim, age 56, was charged with one count of conspiracy to distribute controlled substances and 20 counts of distribution of controlled substances.
“Our region is awash in opioids that have brought heartbreak and suffering to countless families,” Dettelbach said. “We will continue to work with the DEA to identify and prosecute physicians who illegally divert pills.”
Heim is registered with the State of Ohio Medical Board as a medical doctor specializing in family medicine, obstetrics and gynecology. From August 2011 through October 2012, Heim and others agreed to illegally distribute thousands of doses of prescription painkillers to customers from Heim’s office at 3562 Ridge Park Drive, Suite A, in Akron, according to the information.
Heim distributed and dispensed more than 30,000 tablets of Oxycodone, Oxycontin and Opana to various individuals for which there was not a legitimate medical purpose. He did this by one or more of the following manners: without adequate verification of the patient’s identity or medical complaint; without adequate and reliable patient medical history; without performance of a complete or adequate examination; without establishment of a true diagnosis; without the use of appropriate diagnostic or laboratory testing, and others, according to the information.
Heim and others did this by using pre-signed blank prescription forms upon which Heim’s staff would fill in the controlled substance and dosage to be prescribed, according to the information.
The case was prosecuted by Assistant U.S. Attorney Vasilie C. Katsaros following an investigation by the Drug Enforcement Administration.
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.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.Eastlake Man Faces Child Pornography ChargesRead the Press Release
David M. Moyer, 69, of Eastlake, was charged with receiving and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
From on or about July 30, 1998, through on or about May 21, 2012, Moyer knowingly received by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On October 30, 2013, images of child pornography were also found on his DVD/CD’s, flash memory devices, computers, and external hard drives, 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.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the United States Postal Inspection Service in Cleveland
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.
Cleveland Man Faces Heroin and Firearms ChargesRead the Press Release
A Cleveland man was indicted on federal drug and firearms charges, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Lionel D. Cannon, 50, was indicted on one count each of possession with intent to distribute heroin, being a felon in possession of a firearm and interstate travel for the purpose of facilitating an unlawful activity.
Cannon possessed more than 136 grams of heroin on Aug. 19. He also possessed a .380-caliber revolver and a .44-caliber revolver, despite previous cocaine convictions in state and federal court, according to the indictment.
Cannon also travelled between Ohio and California in August to engage in distribution of cocaine, 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, 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.
This case is being prosecuted by Assistant U.S. Attorney Joseph M. Pinjuh and Special Assistant U.S. Attorney Margaret Tomaro of the Ohio Attorney General's Office.
The case was investigated by the Northern Ohio Law Enforcement Task Force. The NOLETF is a long standing multi-agency task force comprised of investigators from the Federal Bureau of Investigation, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, Ohio Bureau of Criminal Investigation, U.S. Coast Guard Investigative Service, Cleveland Division of Police, Cleveland Heights Police Department, Cuyahoga County Sheriff’s Office, Euclid Police Department, Regional Transit Authority Police Department, Westlake Police Department, and Shaker Heights Police Department. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area (HIDTA) initiatives. HIDTA supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.
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.
Cleveland Man Faces Heroin and Firearms ChargesRead the Press Release
A two-count indictment was filed charging a Cleveland man with possesion of heroin with intent to distibute and being a felon in possession of a firearm, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Dwight Bullard, 40, had more than 140 grams of heroin on Oct. 28, 2014. He also had a Glock 23 .40-caliber pistol and ammunition despite previous felony convictions in Cuyahoga County Common Pleas Court, according to the indictment.
Prosecutors are seeking to forfeit $24,329 in cash that was seized, 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, 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.
This case is being prosecuted by Assistant United States Attorney Henry F. DeBaggis. The case was investigated by the Northern Ohio Law Enforcement Task Force. The NOLETF is a long standing multi-agency task force comprised of investigators from the Federal Bureau of Investigation, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, Ohio Bureau of Criminal Investigation, U.S. Coast Guard Investigative Service, Cleveland Division of Police, Cleveland Heights Police Department, Cuyahoga County Sheriff’s Office, Euclid Police Department, Regional Transit Authority Police Department, Westlake Police Department, and Shaker Heights Police Department. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area (HIDTA) initiatives. HIDTA supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.
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.
Bedford Man Charged for Armed Robbery of Garfield Heights BankRead the Press Release
A grand jury returned a two-count indictment charging Landon Darnell McFarland, Jr., 32, of Bedford, with one count of attempted bank robbery and one count of brandishing a firearm during and in relation to a crime of violence, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that McFarland robbed the Ohio Savings Bank, 6016 Turney Road, Garfield Heights, Ohio, a federally insured financial institution, on August 30, 2014.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to his 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 Matthew B. Kall, and was investigated by the Lorain County Sheriff’s Office and the Cleveland Resident Agency 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.
Sylvania Man Indicted on Child Pornography ChargesRead the Press Release
A two-count indictment was unsealed charging Thomas W. Michaelis, age 69, of Sylvania, Ohio, with receipt/distribution of child pornography and possession/access intent to view child pornography, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Michaelis received and distributed the images between April and May. He possessed and accessed with intent to view one or more web sites which contained depictions of minors engaged in sexually explicit conduct between January and May, 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 agencies in this case are the United States Secret Service and the Sylvania Police Department. The case is being handled by Assistant United States Attorney Alissa M. Sterling
An indictment is only a charge and is not evidence of guilt. The Defendant is entitled to a fair trial in which it will be the government’s burden to prove his guilt beyond a reasonable doubt.
Brunswick Man Sentenced to Nine Years in Prison for Credit Union FraudRead the Press Release
A Brunswick man was sentenced to more than nine years in prison for illegally receiving more than $3 million from the St. Paul Croatian Federal Credit Union in exchange for cash payments to the credit union’s chief operating officer, law enforcement officials said.
Svetislav Vujovic, 42, was convicted by a jury earlier this year on all 14 counts – 10 counts of making false statements to a federal credit union, two counts of money laundering and one count each of financial institution fraud and giving gifts for procuring loans.
U.S. District Judge Christopher Boyko sentenced Vujovic to 109 months in prison and ordered him to pay restitution of $2.95 million.
St. Paul Croatian Federal Credit Union was closed and then liquidated in 2010 after sustaining losses of approximately $170 million, making it one of the largest credit union failures in American history. Nearly 20 people have been convicted of crimes related to fraudulent lending that resulted in the credit union’s failure.
“The failure of the credit union was a loss that cannot be measured in dollars alone,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “This defendant went back and took from the credit union time after time.”
Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Field Office, said: “The St. Paul Federal Credit Union collapse resulted in one of the largest credit union failures ever investigated in U.S. history. This complex, large-scale investigation transcended international borders and will continue until all those involved are brought to justice.”
“Honest and law-abiding citizens are fed up with the likes of those who use deceit and fraud to line their pockets with other people’s money,” said Special Agent in Charge Kathy Enstrom, IRS Criminal Investigation, Cincinnati Field Office. “Let this sentence stand as a warning to those who victimize the public that whether you are the main perpetrator of a fraud, or assist in its facilitation, the law will hold all guilty parties accountable.”
Vujovic, aided and abetted by Anthony Raguz, the former Chief Operating Officer of Eastlake-based St. Paul Croatian Federal Credit Union, received numerous fraudulently obtained loans totaling approximately $3 million from the credit union between 2004 and 2008, according to court documents and trial testimony.
Vujovic obtained these loans by making false representations and promises, and he received many of those loans after having already defaulted on previous loans issued to him by the credit union. These loans were obtained in the names Cleveland Comfort Corp; SND, Inc.; Balkan Contracting; GBRS Properties, LLC; and Balkan Enterprise, Inc. The credit union lost approximately $3 million as a result of Vujovic’s fraudulent conduct.
Vujovic corruptly gave Raguz cash payments totaling approximately $20,000 to induce and reward Raguz for approving and facilitating the approval of the fraudulent loans to Vujovic, , according to court documents and trial testimony.
Raguz is currently serving a 14-year federal prison sentence.
This case is being prosecuted by Assistant U.S. Attorney Bridget M. Brennan and United States Attorney Steven M. Dettelbach following an investigation by the Cleveland Offices of the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division.
Dettelbach Attends White House Event to Mark the Fifth Anniversary of Landmark Shepard-Byrd Hate Crimes Prevention ActRead the Press Release
U.S. Attorney Steven M. Dettelbach was invited to the White House yesterday to speak at an event marking the fifth anniversary of the Shepard-Byrd Hate Crimes Prevention Act.
Dettelbach, who co-Chairs the Civil Rights Subcommittee of Attorney General Eric Holder’s Advisory Committee of U.S. Attorneys, moderated a panel discussion about enforcement of the Shepard-Byrd law. He was also present at the White House when President Obama signed the landmark act into law in 2009.
Providing keynote remarks at the event were Matthew Shepard’s parents, Judy and Dennis Shepard, and James Byrd Jr.’s sister, Louvon Harris, as well as Rana Singh Sodhi, the brother of Balbir Singh Sodhi, a member of the Sikh faith, believed to be the first murder victim of post-9/11 backlash.
“This anniversary was both happy and sad,” Dettelbach said. “Happy because of the positive impact this law has had in our communities, sad because of the tragedies that caused it to be enacted and which continue to require our constant efforts to enforce it. The grace and courage of the families of the victims in these terrible cases is simply inspirational. Talking with and listening to these incredible people reminded me again of the great privilege and responsibility we all have to protect the rights of every person in this nation.”
Speakers at the White House event, which was attended by invited leadership of the civil rights and law enforcement communities, also included Secretary of Labor Thomas Perez, FBI Director James Comey, Senior Advisor to President Obama, Valerie Jarrett, and Acting Assistant Attorney General of the Civil Rights Divison, Vanita Gupta.
The landmark civil rights legislation was named after Matthew Shepard, a 21-year-old student at the University of Wyoming who was gay, and James Byrd Jr., a 49-year-old African-American man living in Jasper, Texas. Both were brutally murdered in acts of unspeakable intolerance and hate.
The Shepard-Byrd Act, named in their honor, expanded federal hate crimes protections to include sexual orientation, gender, gender identity, and disability. The act also removed unnecessary hurdles to prosecuting hate crimes committed because of race, color, or national origin. It also gave the Justice Department new tools for prosecuting criminals and directed new resources to law enforcement agencies so they could better serve their communities. And it has made it possible for more Americans to live freely and openly, reinforcing our nation’s sacred commitment to equality for all.
Thursday’s event was an opportunity to recognize how the Shepard-Byrd Act has improved our ability to address hate crimes, and the tremendous amount of work that remains.
The Department of Justice also announced several actions to strengthen and improve the federal government’s ability to prevent and respond to hate crimes, including a new series of trainings on the Shepard-Byrd Act around the country for state, local, and tribal law enforcement agencies and community leaders.
In the past five fiscal years (2009-2013), the Department of Justice has charged 201 defendants on federal hate crimes or hate crimes-related charges, including the Shepard-Byrd Act and other federal hate crimes provisions -- an increase of almost 50 percent from the prior five fiscal years (2004-2008). The Department also convicted almost 50 percent more defendants on federal hate crimes or hate crimes-related charges, compared to the prior five fiscal years. The announcements will help federal and state law enforcement to continue to aggressively investigate and prosecute hate crimes nationwide.
Toledo-area Men Sentenced to Prison for $24 Million Fraud Involving Iraqi CurrencyRead the Press Release
Two men from the Toledo area were sentenced to prison for their roles in the operation of a $24 million fraud scheme involving the sale of Iraqi dinar currency and non-existent hedge funds, and falsely representing that a member of their organization was a decorated Marine who was wounded in combat, announced Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge of IRS Criminal Investigation, Cincinnati Field Office.
Bradford L. Huebner, 67, of Ottawa Hills, Ohio, was sentenced to 87 months in prison while Charles N. Emmenecker, 67, of Sylvania, Ohio, was sentenced to 33 months in prison.
The men were convicted of conspiracy to commit wire fraud and wire fraud following a two-week trial in May in U.S. District Court in Toledo. Huebner was also convicted on 40 additional counts of money laundering and structuring.
Rudolph M. Coenen, 47, of Jacksonville, Florida, previously pleaded guilty to crimes related to his role in the conspiracy. He was sentenced last month to more than five years in prison.
Michael L. Teadt, 68, of Maumee, Ohio, was convicted on one count of mail fraud. He was sentenced to two years of probation and ordered to pay $5,767 in restitution.
Investors lost approximately $23.8 million from dinar sales and more than $700,000 from the sale of non-existent hedge fund “seats” and “placements” as a result of the defendants’ conduct, according to court documents and trial testimony.
“The trial evidence showed that these defendants swindled many people out of their hard-earned money with grandiose fraud claims and offensive lies,” said U.S. Attorney Dettelbach. “From misrepresenting U.S. and global fiscal realities to lying about a defendant's military record, these defendants' conduct not only broke the law, but offended basic concepts of decency.”
“When you knowingly mix deceit and trickery into the financial well-being of individuals, you create a recipe for devastation that could last a lifetime,” said Special Agent in Charge Enstrom. “Today’s verdict reinforces our commitment to every taxpayer that we will identify and prosecute those who promote illegal financial transactions.”
Beginning about August 2010, Huebner, Coenen, and Emmenecker conspired to operate the “BH Group” in Toledo and “Bayshore Capital Investments” in Jacksonville in order to defraud investors through investments in the Iraqi dinar currency and two non-existent hedge funds.
The conspirators promoted the dinar and non-existent hedge funds through the dissemination of a series of material falsehoods conveyed primarily through weekly interstate conference calls and through the conspirators’ web site, according to court documents and trial testimony.
False claims included statements about the U.S. Treasury Department’s holdings of dinar and involvement in the Iraqi dinar investment market, according to court documents.
Additional material false statements made by the defendants include, but are not limited to, the portrayal of Coenen as a former vice president at JP Morgan Chase and a former Marine who was awarded the Purple Heart after being wounded in Iraq during Operation Desert Storm.
Coenen worked for JP Morgan Chase for one day as an account executive/loan officer. He never served in the first Gulf War, was never wounded in combat and never received a Purple Heart, according to court documents.
This case was prosecuted by Assistant U.S. Attorneys Gene Crawford and Matthew W. Shepherd following an investigation by the Internal Revenue Service – Criminal Investigation.
Pepper Pike Man Charged with Making False Statements Related to $1 Million in LoansRead the Press Release
A criminal information was filed charging Allen D. Youngman with making false statements to a federally-insured financial institution, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Youngman, age 59, of Pepper Pike, owned Lakeside Scrap Metals, Inc., and related scrap metal companies. On behalf of Lakeside, Youngman obtained an asset-based loan that permitted borrowing against Lakeside’s accounts receivable and inventory from from First Merit Bank, a federally-insured financial institution.
Between approximately March 26, 2012, and August 14, 2012, Youngman prepared and submitted fraudulent receivables invoices, that permitted drawing up to 85 percent of the invoice totals. Youngman provided First Merit with eight fraudulent invoices that allowed him to draw approximately $1,007,347 on the loan, according to the information.
This case is being prosecuted by Assistant U.S. Attorney James V. Moroney following an investigation by the Federal Bureau of Investigation.
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.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Assistant U.S. Attorneys to be on Duty Election Day for Voting Rights or Election Fraud AbusesRead the Press Release
United States Attorney Steven M. Dettelbach announced today that Assistant United States Attorneys Ann C. Rowland and Ava R. Dustin will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections.
In order to respond to complaints of voting rights or election fraud abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, Rowland and Dustin will be on duty in this District while the polls are open. Rowland can be reached by the public at 216-622-3847 while Dustin can be reached at 419-259-0767. The local FBI field office can be reached by the public at 216-522-1400.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
Ashtabula Man Faces Federal Charges Related to Firearms and HeroinRead the Press Release
A federal grand jury returned a four-count indictment charging Michael G. Relliford, 31, of Ashtabula, with distribution of heroin, possessing with the intent to distribute heroin, being a felon in possession of a firearm and ammunition, and possession of a firearm in furtherance of a drug trafficking crime, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Count 1 of the indictment alleges that on or about July 16, 2014, Relliford distributed less than 100 grams of heroin.
Count 2 of the indictment alleges that on or about July 17, 2014, Relliford possessed with the intent to distribute more than 100 grams of heroin.
Count 3 of the indictment alleges that on or about July 17, 2014, Relliford possessed a Ruger, model P90DC, .45 caliber pistol, and ammunition, after having been previously convicted of Illegal Manufacture of Drugs, in the Ashtabula County Court of Common Pleas, Ohio.
Count 4 of the indictment alleges that on or about July 17, 2014, Relliford possessed the above mentioned Ruger firearm in furtherance of a drug trafficking crime.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal 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 Ashtabula Police Department. The matter is being prosecuted by Assistant United States Attorney Jason M. Katz.
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.
Columbus Man Ordered to Pay Nearly $450,000 for Tax ViolationsRead the Press Release
A Columbus man was ordered to pay nearly $450,000 in restitution and fines related to a tax conviction, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
David S. Owens aka D. Scott Owens, age 62, was ordered to pay $394,542 in restitution and fined $50,000. He was sentenced to six months of home confinement and three years of supervised released.
Owens previously pleaded guilty to one count of failure to account for an pay over employment tax.
"Business owners have a significant responsibility to collect and turn over all IRS withholding taxes,” Enstrom said. “Those who fail to do so to gain a competitive advantage that will not be tolerated and will be prosecuted to the fullest extent of the law.”
Between 2008 and 2009, Owens, through his Canfield, Ohio-based company, Advetech, Inc., made payroll tax withholdings from his employees’ paychecks, but failed to pay over those withholdings to the IRS in the approximate amount of $570,000, according to court documents.
Rather, during this period, Owens transferred hundreds of thousands of Advetech, Inc. dollars to at least two other Canfield companies owned and operated by Owens, including Brixton Development Corporation and Preferred Communities, Inc., from where he took hundreds of thousands of dollars in income for himself, according to the information.
The information was filed by Assistant U.S. Attorney Christos N. Georgalis after an investigation by agents of the the Internal Revenue Service and the U.S. Department of Labor, Employee Benefits Security Administration.