FEDERAL DISTRICT ARCHIVE
Northern District of Ohio
Press releases recorded for this federal judicial district.
Youngstown Man Indicted for Having Firearm Despite Felony ConvictionsRead the Press Release
A federal grand jury returned a one-count indictment charging Marvin T. Howard, age 28, of Youngstown, Ohio, with being a felon in possession of a firearm, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on or about May 17, 2014, Howard possessed a Glock, model 19, 9mm pistol, after having been convicted of robbery, in the Circuit Court of Lee County, Alabama, and of being a felon in possession of a firearm, in the U.S. District Court, Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Youngstown Police Department. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
South Euclid Woman Sentenced to 14 Years in Prison for Identitiy Theft and FraudRead the Press Release
A South Euclid woman was sentenced to 14 years in prison for her role in a variety of schemes that resulted in a loss of more than $73,000, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Angelique Bankston, 42, was also ordered to pay $73,554 in restitution. She was convicted last year on 23 counts, including conspiracy to commit bank fraud and money laundering, conspiracy to commit mail fraud and money laundering, aggravated identity theft and related charges.
Jocelyn Hale, 32, of Cleveland, previously pleaded guilty to her role in the conspiracies and is currently serving a 45-month prison sentence.
Bankston and Hale, using identities of several individuals without their authority, defrauded Citizens Bank, Lending Club Corporation, and Wells Fargo Bank.
Bankston and Hale funded a Wells Fargo Bank account with counterfeit funds totaling $13,027.22. They also funded a second Wells Fargo Bank account with illegally obtained funds, according to court documents.
Bankston also defrauded the Ohio Department of Job and Family Services (ODJFS) and Dollar Bank. She funded a Dollar Bank account with illegally obtained funds totaling $27,460. Bankston defrauded ODJFS by causing the United States Postal Service to hold mail for several individuals, without their authority. Bankston then stole U.S. Bank ReliaCards issued by ODFJS in the amount of $2,800 in the names of those individuals, according to court documents.
“This defendant stole from banks, private citizens and the government,” Dettelbach said.
“Investigating identity theft and money laundering is a priority for Criminal Investigation,” said Kathy Enstrom, Special Agent in Charge of the Internal Revenue Service’s Cincinnati Field Office. “Stealing identities is a serious crime that hurts innocent taxpayers. Be assured that IRS Criminal Investigation, together with our partners and the U.S. Attorney's Office, will hold those who engage in similar behavior fully accountable."
Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office, said: “This individual lined her greedy pockets by taking advantage of others via numerous schemes and is being held accountable for her illegal actions.”
This case is being prosecuted by Assistant United States Attorney Mark S. Bennett, following an investigation by the Internal Revenue Service, Criminal Investigation, Federal Bureau of Investigation, and United States Postal Service, Cleveland.
Mentor Business Owner Indicted for Defrauding Investors Out of More Than $1 MillionRead the Press Release
A 17-count indictment was filed charging a Mentor man who owned and operated several granite businesses with defrauding investors out of more than $1 million, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge of the Internal Revenue Service’s Cincinnati Field Office.
Carmen Occhipinti, 66, was arrested today. He was indicted on four counts of wire fraud, seven counts of bank fraud, one count of witness tampering, three counts of tax evasion and two counts of money laundering.
“This defendant purported to sell granite, but he really built a financial house of cards by stealing more than $1 million from others,” Dettelbach said. "His victims were real people, some of whom were forced into bankruptcy. We're committed to pursuing justice on their behalf."
“The IRS enforces the nation’s tax laws, but also takes particular interest in cases where someone, for their own personal benefit, has taken what belonged to others,” Enstrom said. “Individuals who create elaborate schemes that have no purpose other than to deceive friends, church parishioners, business associates and defraud the IRS run the very high risk of prosecution.”
Occhipinti maintained offices in Mentor and Woodmere. He operated several companies, including Marble Tiles of Italy, Marble and Tile Company of Italy, Brunello Marble & Granite, Carrara Bricks & Blocks Company, Granite and Tile Imports, Bella Cucina Granite and Portofino Marble Tile, according to the indictment.
From 2006 through April 2014, Occhipinti defrauded investors by inducing them to invest in his granite businesses through false and fraudulent misrepresentations and omissions of material facts about the nature and dispositions of the investments. Occhipinti misled investors to believe that their funds would be used to purchase materials for jobs, when, in fact, he used the investments to enrich himself, to pay off certain earlier investors at his discretion and to pay his personal expenses such as those incurred and Peak and Peak Resort, Mountaineer Casino and Lee Jewelers, according to the indictment.
During the course of the scheme, Occhipinti misused investor money, while continuing to solicit new investors and to lead the investors to believe a return on their investments was forthcoming. Although some investors received a fractional return of their investments, the defrauded investors incurred a combined out-of-pocket loss of more than $1 million, according to the indictment.
Because of Occhipinti’s fraudulent scheme, several investors were required to declare bankruptcy, according to the indictment.
Occhipinti used religious organizations, business relationships, social organizations and other means to establish trust and find prospective investors. He claimed his companies imported materials from Italy, Brazil and Canada when in truth his companies did not import materials, according to the indictment.
The indictment was presented by AUSA Christos N. Georgalis after an investigation by agents of the Internal Revenue Service – Criminal Investigations and inspectors with the United States Postal Service.
If convicted, the defendant’s sentence will be determined by the Court after a review of 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. 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.
South Euclid Woman Indicted for Fraud, Identity TheftRead the Press Release
A 33-count indictment was filed today charging a South Euclid woman with aggravated identity theft, wire fraud and bank fraud related to a $70,000 scheme, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge, Internal Revenue Service, Cincinnati Field Office.
Keauna Smith, 28, is accused of stealing the identities of 16 people between 2012 and 2104. She used these stolen identities to file 18 false tax claims of approximately $44,306. She had the money loaded onto prepaid debit cards and then withdrew the money at various ATMs, according to the indictment.
Smith also illegally obtained approximately $26,300 this year by taking checks from her employer, made them payable to herself and then forged the owner’s signature on the checks, according to the indictment.
“This defendant is accused of stealing from private citizens, the federal government and her employer,” Dettelbach said. “Her free ride of theft ends now.”“Investigating refund fraud and identity theft is a priority for Criminal Investigation,” Enstrom said. “Stealing identities and filing false returns is a serious crime that hurts innocent taxpayers. IRS Criminal Investigation is serious about investigating these crimes and holding accountable those who would defraud the government.”
Smith faces 16 counts of wire fraud, 16 counts of aggravated identity theft and one count of bank fraud.
This case is being prosecuted by Assistant U.S. Attorney James V. Moroney following an investigation by the 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.
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.
Niles Man Sentenced to 10 Years in Prison for Having Firearms, Ammunition and Body Armor Despite FelonyRead the Press Release
A Niles man was sentenced to 10 years in prison for being a felon in possession of firearms, ammuntion and body armor, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Michael L. Green, Jr., age 34, pleaded guilty to a two-count indictment earlier this year.
On October 28, 2013, Green possessed a MAADI, model RML, 7.62” x 39” rifle; a Ruger, model SR40, .40 caliber pistol; 97 rounds of 7.62” x 39” ammunition; and 16 rounds of .40 caliber ammunition, after he had previously been convicted of failure to comply with order or signal of a police officer, burglary and assault on a peace officer, in the Trumbull County, Ohio, Court of Common Pleas.
Additionally, Green was in possession of body armor on October 28, 2013, despite having previously been convicted of a violent felony.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Warren Police Department. The case was prosecuted by Assistant United States Attorney David M. Toepfer.
Cleveland Man Indicted for Robbing Streetsboro BankRead the Press Release
A grand jury returned an indictment charging Ronnell A. Allen, of Cleveland, age 32, with one count of bank robbery, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that Allen, along with his accomplice, Eddie Fletcher, robbed the First Merit Bank of Streetsboro, Ohio, on January 10, 2013. It further alleges that the two men used force, violence, and intimidation to steal approximately $2,083.
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. Attorney M. Kendra Klump following an investigation by the Federal Bureau of Investigation and the Streetsboro 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.
U.S. Bank to Pay $200 Million to Resolve Alleged FHA Mortgage Lending ViolationsRead the Press Release
U.S. Bank has agreed to pay the United States $200 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the Federal Housing Administration (FHA) that did not meet applicable requirements, the Justice Department announced today.
“By misusing government programs designed to maintain and expand homeownership, U.S. Bank not only wasted taxpayer funds, but inflicted harm on homeowners and the housing market that lasts to this day,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “As this settlement shows, we will continue to hold accountable financial institutions that violate the law by pursuing their own financial interests at the expense of hardworking Americans.”
“U.S. Bank ignored certain lending requirements causing substantial losses to taxpayers,” said United States Attorney for the Northern District of Ohio Steven M. Dettelbach. “This settlement demonstrates that the Department of Justice will not permit lenders to play fast and loose with the rules and stick the American people with their significant tab.”
“U.S. Bank’s lax mortgage underwriting practices contributed to home foreclosures across the country,” said United States Attorney for the Eastern District of Michigan Barbara L. McQuade. “This settlement recovers funds for taxpayers and demonstrates that lenders will be held accountable for engaging in irresponsible lending practices.”
During the time period covered by the settlement, U.S. Bank participated as a direct endorsement lender (DEL) in the FHA insurance program. A DEL has the authority to originate, underwrite, and certify mortgages for FHA insurance. If a loan certified for FHA insurance later defaults, the holder of the loan may submit an insurance claim to the U.S. Department of Housing and Urban Development (HUD), FHA’s parent agency, for the losses resulting from the defaulted loan. Because FHA does not review a loan before it is endorsed for FHA insurance, FHA requires a DEL to follow program rules designed to ensure that the DEL is properly underwriting and submitting mortgages for FHA insurance.
As part of the settlement, U.S. Bank admitted that, from 2006 through 2011, it repeatedly certified for FHA insurance mortgage loans that did not meet HUD underwriting requirements. U.S. Bank also admitted that its quality control program did not meet FHA requirements, and as a result, it failed to identify deficiencies in many of the loans it had certified for FHA insurance, failed to self-report many deficient loans to HUD, and failed to take the corrective action required under the program. U.S. Bank further acknowledged that its conduct caused FHA to insure thousands of loans that were not eligible for insurance and that the FHA suffered substantial losses when it later paid insurance claims on those loans.
“This substantial recovery on behalf of the Federal Housing Administration should serve as a vivid reminder of the potential consequences of not following HUD program rules, and the diligence with which we will pursue those that violate them, particularly where lenders such as U.S. Bank take actions to compromise the insurance fund,” said David A. Montoya, Inspector General of the Department of Housing and Urban Development.
“We are gratified that U.S. Bank has agreed to put this matter behind it, and we want to thank the Department of Justice and HUD’s Office of Inspector General for all of their efforts in helping us make this settlement a reality,” said Damon Smith, Acting General Counsel for the U.S. Department of Housing and Urban Development. “This settlement underscores our consistent message that following Federal Housing Administration rules for underwriting FHA-insured loans is a requirement, not an option.”
The agreement resolves potential violations of federal law based on U.S. Bank’s deficient origination of FHA insured mortgages. The agreement does not prevent state and federal authorities from pursuing enforcement actions for other origination conduct by U.S. Bank, or for any servicing or foreclosure conduct, including civil enforcement actions against U.S. Bank for violations of the CFPB’s new mortgage servicing rules that took effect on Jan. 10, 2014.
U.S. Bank is a banking services company headquartered in Cincinnati, Ohio, and a wholly owned subsidiary of U.S. Bancorp, a bank holding company headquartered in Minneapolis, Minnesota.The settlement was the result of a joint investigation conducted by HUD, its Office of Inspector General, the Civil Division of the Department of Justice, and the United States Attorney’s Offices for the Northern District of Ohio and the Eastern District of Michigan.
The settlement is part of enforcement efforts by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes. For more information about the task force, visit: www.stopfraud.gov.
Calcutta Man Indicted for Robbing East Liverpool BankRead the Press Release
A federal grand jury returned a one-count indictment charging Brian Keith Johnston, age 41, of Calcutta, Ohio, with bank robbery, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that on or about May 29, 2014, Johnston robbed the Home Savings and Loan Company in East Liverpool, Ohio, of approximately $1,756.
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 Federal Bureau of Investigation, the East Liverpool Police Department, and the St. Clair Township 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.
Thirty-One People Indicted for Role in Conspiracy That Brought Heroin to Northeast OhioRead the Press Release
Thirty-one people were indicted in federal court for their roles in a conspiracy that brought heroin, cocaine and crack cocaine to Northeast Ohio from Chicago and south Texas and then distributed the drugs from homes on the east side of Cleveland, law enforcement officials announced.
Filing of the 107-count indictment was announced by U.S. Attorney for the Northern District of Ohio Steven M. Dettelbach, Federal Bureau of Investigation Special Agent in Charge Stephen D. Anthony, Cleveland Police Chief Calvin Williams, Cuyahoga County Sheriff Frank Bova, Kathy Enstrom, Special Agent in Charge of IRS Criminal Investigation, Cincinnati Field Office, and Ohio Attorney General Mike DeWine.
According to the indictment:
The ring operated from at least 2010 through this month. The group obtained multiple-kilogram shipments of drugs from suppliers in Chicago and McAllen, Texas, as well as Cleveland and Toledo.
The ring utilized several homes and locations in Cleveland to store and distribute the heroin, cocaine and crack cocaine, including 3991 Superior Ave., 1481 East 71st Street, 1162 East 58th Street and 7610 Linwood Ave.
Leaders of the conspiracy, including Mark Makupson, Harry R. Hubbard and Harvest White, then used the proceeds of their drug dealing to purchase buildings or residences in Cleveland, including 1687 East 70th Street, 1075 East 74th Street and 3800 Lakeside Ave., Suite 201.
Investigators seized more than seven kilograms of heroin, one kilogram of cocaine and 10 firearms.
“Northeast Ohio, like many parts of the country, has been hit hard by the heroin epidemic,” U.S. Attorney Dettelbach said. “We continue to work together on a comprehensive solution that includes prevention, treatment and enforcement. Today’s indictment demonstrates that law enforcement in this region continues to stand united in going after the organizations that profit from this poison that ruins lives and destroys families.”
Special Agent in Charge Anthony said: “Enforcement is a key strategy in reducing both the supply and demand of heroin in Northeast Ohio. The law enforcement community is committed to working together to prosecute those responsible for fueling Ohio’s heroin epidemic.”
“The Cleveland Division of Police, along with its local and federal law enforcement partners, pledges to continue its ongoing battle against the heroin epidemic and drug trafficking in this area,” Chief Williams said.
“All our law enforcement partners will continue to bring the fight to the heroin epidemic from all angles,” Sheriff Bova said.
“The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs,” said Special Agent in Charge Enstrom. “IRS Criminal Investigation is committed with taking the profit away from drug traffickers and together with our law enforcement partners and the U.S. Attorney’s Office, we will hold those who engage in drug trafficking accountable.”
“Drug dealers peddle death and addiction, and we can’t afford their destruction in Northeast Ohio or anywhere else in our state,” said Ohio Attorney General Mike DeWine. “The heroin epidemic is complex and will take continued law enforcement coordination at every level, as well as community education and treatment efforts.”
Makupson, Hubbard, White, and Reuben Bell pooled their money travelled to Chicago to obtain large amounts of heroin from Gardner Witt. Other times they obtained heroin from Dammarkro Nolan, who got it from Witt. Then Makupson, Hubbard, White and Bell distributed the heroin to nearly 20 other dealers in Cleveland, according to the indictment
Prosecutors are also seeking to forfeit nearly $750,000 in cash and three automobiles seized in this investigation, including a 2003 Hummer H2, a 2007 Mercedes Benz G500 and a 1967 Pontiac Bonneville customized convertible.
The indictment lists scores of narcotics transactions that took place.
Indicted in Count 1, conspiracy to possess with intent to distribute heroin and cocaine, are: Mark A. Makupson, 33, of Cleveland; Darvinna Shaver, 35, of Cleveland; Harry R. Hubbard, 29, of Cleveland; Harvest White, 29, of Euclid; James Terrell McClain, 32, of Cleveland; Jermaine Moorer, 36, of Cleveland; Michael Shephard, 35, of Cleveland; Brian Singleton, 34, of Cleveland; Dammarkro Sherron Nolan, Sr., 39, of Cleveland; Melissa White, 26, of Cleveland Heights; Monique Tisdel, 35, of South Euclid; Anthony Hodges, 31, of Cleveland; Rueben Tyrone Bell, 27, of Cleveland; Tatiana Squair, 25, of Tinley Park, IL; Dionna Smith, 31, of Maple Grove, MN; Lonnie Gwin, 37, of Defiance; Donique Williams, 23, of Cleveland; Gardner Witt, 43, of Chicago, IL; Angel Manuel Fuentes Delgado, 32, of Cleveland; Rudius A. Brown, 30, of Euclid; Gerardo Rodriguez, 27, of Cleveland; Ishmael Wahid, 41, of Akron; James M. Griffin, 34, of Chicago, IL; Ricole Braxton, 32, of Cleveland; Carmelita Seay, 31, of Cleveland; Michelle Williams, 53, of Cleveland; Tony Goodwin, 26, of East Cleveland; Ariyen Flakes, 28, of Cleveland, and Milton Bridges, 26, of Cleveland.
Nicole Lewis, 37, of Cleveland, and Latoya Johnson, 30, of Cleveland, are indicted for conspiracy to launder money, as are Makupson, Shaver, White, Bell, Squair, and Witt. These defendants hid the profits from the drug conspiracy through a series of financial transactions, such as using cash from drug deals to purchase real estate and automobiles, according to the indictment.
This case is being prosecuted by Assistant U.S. Attorney’s Vasile Katsaros and Christian M. Stickan and Margaret Tomaro, a Special Assistant U.S. Attorney who works for the Ohio Attorney General’s Office.The case was investigated by the Northern Ohio Law Enforcement Task Force. The task force is a longstanding multi-agency group comprised of investigators from the Federal Bureau of Investigation, Cleveland Division of Police, Cuyahoga County Sheriff’s Department, Cuyahoga Metropolitan Housing Authority Police, Cleveland Heights Police, Drug Enforcement Administration, Euclid Police, Homeland Security Investigations, Internal Revenue Service, Ohio Bureau of Criminal Investigation, Regional Transit Authority Police, Shaker Heights Police and Westlake Police. The Cuyahoga County Prosecutor’s Office also assisted with the case.
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.
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.
Justice Department Settles with Omnicare, Inc. for $124 Million to Resolve False Claims AllegationsRead the Press Release
Omnicare, Inc., the nation’s largest provider of pharmaceuticals and pharmacy services to nursing homes, has agreed to pay $124.24 million for allegedly offering improper financial incentives to skilled nursing facilities in return for their continued selection of Omnicare to supply drugs to elderly Medicare and Medicaid beneficiaries, the Justice Department announced today. Omnicare is headquartered in Cincinnati, Ohio.
“We will not tolerate health care providers who use illegal discounts to get business from nursing homes,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “Schemes such as this one undermine the health care system and take advantage of elderly nursing home residents.”
“Omnicare provided improper discounts in return for the opportunity to provide medication to Medicare and Medicaid beneficiaries,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “Nursing homes should select their pharmacy provider based on the best quality, service and cost to the residents, not based on improper discounts to the nursing facility.”
The settlement resolves allegations that Omnicare submitted false claims by entering into below-cost contracts to supply prescription medication and other pharmaceutical drugs to skilled nursing facilities and their resident patients to induce the facilities to select Omnicare as their pharmacy provider. The facilities were participating providers under agreements with Medicare and Medicaid. In addition to the facilities’ own claims for reimbursement from Medicare for short-term rehabilitation treatment rendered to patients, Omnicare submitted additional claims for reimbursement to Medicare and Medicaid for drugs Omnicare supplied. Of the $124.24 million to be paid by Omnicare, $8.24 million will go to various states which jointly funded the Medicaid programs impacted by Omnicare’s conduct.
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded programs. The Anti-Kickback Statute is intended to ensure that the selection of health care providers and suppliers is not compromised by improper financial incentives and is instead based on the best interests of the patient.
The settlement resolves allegations brought in two lawsuits filed by whistleblowers under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The first whistleblower, Donald Gale, a former Omnicare employee, will receive $17.24 million.
The settlement with Omnicare was the result of a coordinated effort by the U.S. Attorney’s Office for the Northern District of Ohio, the Commercial Litigation Branch of the Justice Department’s Civil Division, the Department of Health and Human Services Office of Inspector General, and the National Association of Medicaid Fraud Control Units.
The government’s settlement of these allegations illustrates its emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $19.9 billion through False Claims Act cases, with more than $13.9 billion of that amount recovered in cases involving fraud against federal health care programs.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Youngstown Men Face Federal Firearms ChargeRead the Press Release
A federal grand jury returned a one-count indictment charging Clifford Cross, age 23, and Khaleb Bonner, age 24, both of Youngstown, Ohio, with being felons in possession of a firearm and ammunition, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that on or about May 4, 2014, Cross and Bonner were in possession of a Sig Sauer, model P228, 9mm pistol and ammunition. Cross had been previously convicted of possession of cocaine in the Mahoning County, Ohio, Court of Common Pleas. Bonner had been previously convicted of trafficking cocaine in the Trumbull County, Ohio, Court of Common Pleas.
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 Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Youngstown Police Department. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
South Euclid Attorney Ordered to Pay $523,000 in Restitution, Placed on Home ConfinementRead the Press Release
A South Euclid attorney was ordered to pay $523,253 in restitution and was sentenced to six months of home confinement for failing to report and pay employment taxes, said United States Attorney Steven M. Dettelbach and Kathy Enstrom, Special Agent in Charge of the IRS' Cincinnati Field Office.
Ronald L. Rosenfield, 70, pleaded guity to a criminal information earlier this year.
“The IRS Criminal Investigation Division takes these violations of law very seriously,” Enstrom said. "Employment tax fraud can also impact employees, who may see future benefits such as social security, Medicare and Unemployment Compensation reduced or eliminated because of their employers not complying with the law.”
The unpaid taxes consisted of income taxes and FICA taxes withheld from the wages paid by his law firm, Ronald Rosenfield Co., L.P.A., including his own wages, for the eighteen consecutive calendar quarters from December 2006 through March 2011, according to the information. The information also alleged that Rosenfield failed to report and pay an unspecified amount of additional employment taxes for all of the prior quarters dating back to June 2001.
At all relevant times, Rosenfield retained a national payroll firm, which prepared the law firm’s required employment tax returns for him to file with the Internal Revenue Service. Rosenfield, however, did not file any of those returns and made no payments of the taxes reported on those returns, according to the information. Moreover, the information alleged that Rosenfield claimed credits on his personal income tax returns for his unpaid income tax withholdings.
The case was prosecuted by Assistant United States Attorney Justin J. Roberts, following an investigation by the Internal Revenue Service – Criminal Investigation, Independence, Ohio.
Fairview Park Man and Cleveland Company Indicted for Making Illegal Discharges into Sewer SystemRead the Press Release
An indictment was filed in federal court charging Thomas E. White, 49, of Fairview Park, and Kelly Plating Company with making illegal discharges with high concentrations of metals such as chrome and zinc into the sewer system, which in turn, after treatment, discharges to Lake Erie, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The Kelly Plating Company is a metal plating operation located in Cleveland. White was an employee at Kelly Plating and responsible for operating the equipment which reduced the amount of pollutants discharged into the sewer system to an acceptable level, according to the indictment.
Starting around January 28, 2012, White changed the way wastewater at the Kelly Plating facility was processed. During the weekdays, White ensured that the pollution control equipment was operated properly, according to the indictment.
However, on the weekends White bypassed the pollution control equipment and discharged partially treated wastewater and sludge directly into the sewer system. These discharges contained high concentrations of chrome and zinc. This practice ended on May 19, 2012, according to the indictment.
“Our greatest resource in Ohio is our clean water,” Dettelbach said. “We will aggressively investigate and prosecute cases in which people pollute Ohio’s streams, rivers and lakes.”
“Ohio EPA will not tolerate those who blatantly disregard the law, and don’t show consideration for the health of others or the environment,” Ohio EPA Director Craig W. Butler said. “We will continue to work with our partners at the local, state and federal level to be sure responsible parties are held accountable for their actions. Ohio EPA’s Office of Special Investigations worked hard to put an end to these illegal sewer system discharges, and I commend their efforts.”
“Our nation’s environmental laws are designed to protect human health and safety from those trying to cut costs illegally,” said Randall K. Ashe, Special Agent in Charge of U.S. EPA’s criminal enforcement program in Ohio. "The metals used in this case were especially harmful, requiring proper handling and disposal. Today’s indictment by a federal grand jury demonstrates how serious these offenses are and shows that EPA will take action to protect communities from pollution.”
“Whether it’s into sewers or directly into waterways, illegal dumping is always a threat to Ohioans,” said Ohio Attorney General Mike DeWine. “My office is committed to investigating and prosecuting the intentional dumping of chemicals and the attempts to cover up those actions.”
“It was through the continuous water quality monitoring of the Northeast Ohio Regional Sewer District that it identified rising levels of pollution at its Westerly Wastewater Treatment Plant. The Sewer District then took action and identified the source,” said Julius Ciaccia, NEORSD Executive Director. “The Sewer District worked with the US EPA, the Ohio EPA and the Ohio BCI to determine the extent of the wrongdoing by Kelly Plating. The Sewer District has made significant investments to improve water quality in our region, and will not tolerate actions that jeopardize that investment.”
This case is being prosecuted by Special Assistant U.S. Attorney Brad Beeson following an investigation by the Ohio EPA, U.S. EPA, the Ohio Bureau of Criminal Investigation, and Northeast Ohio Regional Sewer District.
The statutory maximum for violating the Clean Water Act for individuals is three years in prison, one year of supervised release and a fine of $50,000 per day of violation or $250,000, whichever is larger. For corporations the maximum penalty for violating the Clean Water Act is five years of probation and a fine of $50,000 per day of violation or $500,000, whichever is larger.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record (if any), the defendant’s role in the offenses and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and in most cases they will be less than the maximum.
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.
Antun Lewis Sentenced to 35 Years in Prison for Setting Cleveland's Deadliest House FireRead the Press Release
A Cleveland man was sentenced to 35 years in prison for setting the May 2005 fire that killed nine people, said United States Attorney Steven M. Dettelbach.
Antun Lewis, 30, of Cleveland, was convicted by a jury in December on one count of arson in U.S. District Court in Cleveland.
“This defendant is responsible for taking nine innocent lives. A coward in the night, he also stole the hopes and dreams of these families, who will never get to experience high school graduations, weddings, or the other things they had a right to enjoy. Nothing can ever erase the pain this defendant caused, and our hearts go to them all. Their grace and dignity in the face of this tragedy is humbling.”
“This sentence brings some closure to a horrific and senseless crime,” said Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Michael Boxler. “It is my hope that this sentencing will bring some comfort to the families of the victims. I also want to compliment the United States Attorney’s Office for their leadership in the prosecution of this difficult case, and I want to thank the Cleveland Fire Department, the Cleveland Division of Police, the Ohio State Fire Marshal’s Office, and the ATF personnel who worked jointly to perfect this investigation.”
The arson at 1220 East 87th Street on May 21, 2005, killed eight children and one adult, making it the deadliest intentionally set fire in Cleveland’s history. It occurred during a children’s sleepover birthday party, according to trial testimony.
Killed were: Fakih Jones, age 7; Malee’ya Williams, age 12; Shauntavia Mitchell, age 12; Earnest Tate, Jr., age 13; Miles Golden Cockfield, age 13; Antwon Jackson, Jr., age 14; Moses Williams Jr., age 14; Devonte Carter, age 15, and Medeia Carter, 33.
This case was prosecuted by Assistant U.S. Attorneys David A. Sierleja, Robert F. Corts and Michael L. Collyer following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Cleveland Police Department and Cleveland Fire Department.
U.S. Attorney Steven M. Dettelbach Addressed the Akron Roundtable About Heroin and OpioidsRead the Press Release
Remarks as prepared by U.S. Attorney Steven M. Dettelbach to the Akron Roundtable about our community's response to Ohio's heroin and opioid epidemic:
It happens every day in the United States, and every day right here in Akron.
You go in for a minor operation, or medical procedure, or to have a tooth pulled, and everything goes smoothly.
When you’re about to leave, the doctor pulls out his or her prescription pad to give you something for the pain.
Maybe you’re in a lot of pain. Maybe you’re in a little discomfort. Maybe you feel pretty close to fine, but the doctor gives you a script just in case.
Maybe it’s for 20 pills of Percocet. Maybe it’s 40. Maybe it’s 60.
When you get home, you take two pills on the first day. And the next day, you’re feeling better but still have some pain, and you take two more. And the next day, you take one pill, and then it’s time to go back to work and you are pretty much back to normal.
But you still have 55 Percocet sitting in your medicine cabinet. There they sit for a week, a month, a year, without you giving them much thought at all.
Even though you’re not thinking about them, they are sitting in your medicine cabinet like ticking time bombs. Because on July 4th, or at Thanksgiving, or on New Year’s Day, your nephew, or your kid or your kid’s friend is over visiting or home from college, and he goes into your medicine cabinet, grabs the bottle and puts it in his pocket.
Now that nephew or niece, son or daughter is on their way to opioid addiction. An addiction that, more and more frequently, morphs from pills to heroin. And with startling frequency, that battle with addiction ends on a slab at the coroner’s office, a life taken, another family destroyed.
I’m here today to talk about the heroin and opioid problem we all face here in Northern Ohio, and to provide some stark and startling facts about what we’re seeing in the law enforcement community, and to let you know about some of the efforts going on around the state, and in Akron, that provide us with the slightest glimmer of hope.
Some of those efforts involve law enforcement, but many of them involve a broad cross section of the community, including doctors and hospitals, treatment professionals, police officers, parents and PTAs.
The message for you: we can’t do this alone. We need your help, which is why I am happy that so many of you are here today. Thank you to the Akron Roundtable and your president, Jacqueline Silas-Butler, for focusing your attention on heroin and our community’s response.
When I joined the Justice Department in the early ‘90s, the vast majority of our federal drug trafficking cases dealt with cocaine – either powder or crack cocaine. Remember “Miami Vice” and “Scarface” with the piles of cocaine? Those were the cases we did.
But about five years ago, the drug trafficking cases in our office shifted from cocaine to heroin.
What had happened? Well, the drug traffickers saw a shift in demand and adjusted their product to fill that demand.
And why was there a shift in demand? There was an explosion in painkillers being prescribed.
In 1997, there were 7 pain pills prescribed for every man, woman and child in Ohio. Fast forward to 2010 and that figure jumped.
For every man, woman and child in Ohio, there were 67 pills per person. That’s an increase of more than 900 percent! And I don’t think the level of pain in Ohio increased 900 percent during that time.
Ohio has been flooded with pills. Some of these pills were coming from what we call “pill mills,” which hand out pills for anyone with a pulse, in exchange for a fee, of course.
But far more common are the good doctors who prescribe pills for a variety of reasons. Those reasons include patient satisfaction scores or large pharmaceutical companies that incentivize doctors to write with what I call a heavy pen.
Some people become hooked on the pills following surgery or an injury. Others take painkillers recreationally. Others divert the pills to third parties. Either way, the pills are expensive and eventually, people either run out of pills or run out of money.
So what do they do? They turn to heroin, which is also an opioid, which they can get for a fraction of the cost of Percocet or Vicodin.
And we’ve seen that here in Akron.
Chris Jacquemain was a star quarterback at Mentor High School, near Cleveland who came to the University of Akron on a football scholarship. The head of the criminal division in our office was one of his coaches in pee-wee football. Like all the kids who get a Division I football scholarship, Chris was stronger and faster than everyone. But the one opponent he couldn’t beat was heroin.
Chris got hooked on painkillers after a shoulder injury. The need to feed his addiction led to stealing from teammates and eventually Chris was kicked off that Akron football team. He turned to heroin and, after stints in and out of court, in and out of rehab, he on died on Thanksgiving weekend in 2011.
I’d like to tell you that story outlier, but it is not.
In Cuyahoga County, heroin deaths have increased 400 percent over the past five years. Last year alone, nearly 200 people died from heroin overdose in Cuyahoga County.
Summit County has its own problems. In the past two years, there have been 86 heroin deaths here. That’s 86 people, 86 families, 86 mothers and fathers, countless brothers and sisters.
Just this week, five people have died from heroin in Akron, Ohio.
These fatalities cut across all demographics. Black and white. Young and old. City, suburb and rural. Rich and poor, you name it.
Fatal overdoses are just one way to measure the crushing impact of the epidemic. A staggering amount of crime is related to heroin, whether it’s people actually dealing drugs, or stealing copper to get their fix, or worse. We saw that a couple weeks ago, when your county prosecutor Sherry Bevan Walsh procured a conviction in the quadruple murder that was related to heroin.
The problem is real. And it is – and has been – at crisis levels.
But it’s not just one kind of problem. We have a law enforcement problem, a health care problem and a treatment problem.
And we have to focus more effort on stopping this problem before it starts. Because when it comes to heroin, a gram of prevention is worth 10 kilos of cure, because the grip of this drug is so strong once it takes hold, it rarely lets go, even if people do get help and go into recovery.
I hear about it all the time.
This spring we were at a law enforcement office talking about an opioid arrest and afterward, the secretary there pulled aside someone from our office, and with tears in her eyes and a little bit of shame, she thanked them for our efforts to curb the problem.
This police department secretary explained how her own daughter – who was herself a mother – got hooked on painkillers, which led to heroin. The secretary confided that she didn’t know how it was going to end for her daughter, who had been through rehab. She worried that her daughter was just one mistake, one bad day, away from the morgue. The pain and the anguish that this mother felt were evident.
Because we can cite numbers all we want when you know somebody who deals with this issue, one is one too many.
So we have a multifaceted problem, a problem that affects real people. I submit to you that what we need is a multifaceted solution. And that’s something that we’ve been working on.
First, we turned to traditional partners, like the DEA, FBI and Ohio Attorney General, to try to come up with a plan.
Next, we turned to non-traditional partners, like the Cleveland Clinic, University Hospitals, MetroHealth and the County Medical Examiner, to try to expand the plan.
And now, we’re gathering people who run recovery centers, outreach workers who handle needle exchanges, people in recovery and who lost children to heroin.
Our goal has been to invite as many committed people as we could to try to create an overall plan that would tie together the many efforts already underway to combat the problem and look to fill in any gaps.
We started by meeting in our office but we soon realized that if we wanted to make any progress on this issue, we needed to get out of the courthouse and into the community.
That’s why we put together a daylong summit at the Cleveland Clinic which attracted nearly 700 people, 700 experts, to share ideas.
Let me tell you, when you get 700 people to come to something in the middle of the week, you know you’re touching a chord in the community.
We talked about enforcement. We talked about treatment. We talked about education and we talked about policy.
The result of that summit was what we call the Heroin and Opioid Community Action Plan. You can find a copy on our web site and I have some copies here today.
That day wasn’t the end of our efforts. The group that put together the summit stayed together as the U.S. Attorney’s Task Force on Heroin and Opioids. Both the Task Force and the Action Plan are broken into four sections: (1) Education and Prevention; (2) Law Enforcement; (3) Treatment and (4) Healthcare Policy.
Each group developed a set of goals, both long- and short-term, to help move us forward on fighting heroin. Then have tried to make those goals happen.
So, for example, on prevention we continued and expanded a program started by a Cuyahoga County Judge who had been going out and giving talks at schools and community meetings. These talks were drawing hundreds of concerned parents and students but even a judge can’t do everything alone.
The group also worked to expand the number of prescription drop boxes where people could talk those old pills. Now there is one in nearly every community in Cuyahoga County.
Healthcare Policy was driven by the doctors in the group. They successfully pushed for was the passage of House Bill 170, which allowed first responders and family members to have access to Naloxone, which is basically an antidote for someone who is overdosing on heroin. It literally saves lives.
Lorain was a pilot site for giving Naloxone to first responders. Last November, when a deadly batch of fentanyl-laced heroin hit the streets of Lorain, two people died, but more than a dozen were saved by police officers using Naloxone. Compare that with Pittsburgh, where more than 20 people tragically died from fentanyl-laced heroin in a two weeks.
In Law Enforcement, we’ve also made strides. The first one relates to how police respond to a fatal overdose.
All too often, the old practice was that if there’s a call for a dead body and the police get there and see a needle sticking in the dead person’s arm, they often would just get back in the car and move on to the next call. After all, it wasn’t a murder, right?
Now, working with Cleveland Police, the County Sheriff and County Prosecutor, we have developed written investigative protocols for how to handle and investigate fatal overdoses. And they start the moment the police arrive.
Detectives now treat those sites as crime scenes, looking to gather DNA, check cell phones and texts, talk to people on the scene and try to determine who supplied the fatal dose of heroin. And a prosecutor responds to every heroin death in Cuyahoga County. That’s because, when it’s appropriate, we bring either manslaughter charges in the state system or federal charges with what we call a “death resulting enhancement” which carries a 20-year mandatory minimum sentence.
We have brought a few of those cases already, including one here, in which an Akron man sold heroin that resulted in the death of a man on Christmas Day in a motel in Green. That case is pending.
We could not have done that case without the fine work of the Akron Police Department and the Summit County Prosecutor’s Office.
In fact, your chief -- Chief Nice -- created a dedicated heroin unit looking to track the source of the drugs and bring manslaughter charges when the facts allow it.
I’m proud to say that some of the costs of the project are being paid for by a Justice Department grant.
I hope you’re also seeing the billboards and hearing the public service announcements in Summit County. They are also conducting a public awareness campaign as part of the effort.
Akron is doing something they are not yet doing in Cleveland. Akron Police have partnered with the Summit County Alcohol, Mental Health and Drug Board, and the ADMs Board will now send intervention specialists to emergency rooms when there is a non-fatal overdose.
Such a simple idea, but so powerful. The research shows – and it makes sense – that when somebody overdoses and survives, there is a window then the addict will consider going into treatment. This immediate response simply seeks to capitalize on that window.
The goal will be to engage the user – and the user’s family – and get them to agree to go directly to rehab. It’s a great idea that came from here and I plan to tell everyone I can about it in the hope that they’ll copy it.
We will continue to enforce the law. My branch chief Bob Bulford and Assistant U.S. Attorney Sam Yanucci are here today, taking a quick break from the dozens of large-scale drug trafficking investigations they handle on a daily basis.
The efforts of these career Assistant U.S. Attorneys and the agents they work with has resulted in indicting nearly 200 people on heroin charges since just last year.
But as all of us will tell you, we cannot simply arrest our way out of this problem.
The solution cannot be justto arrest drug dealers – although that is part of the solution.
The solution cannot be justto make more treatment beds available – although that is part of the solution.
The solution cannot be just to require doctors to check to see if a patient has been doctor shopping – although that is part of the solution.
The solution cannot be justto get in front of every parent and teacher and child and warn them that making the mistake of trying heroin just might be the last mistake they ever make – although that is part of the solution.
We need is what I call an “all of the above” approach.
We need vigorous law enforcement.
We need more treatment options.
We need to get control of the stream of prescription pills being diverted to addicts.
And we need to come together as a community to stop people from experimenting with these drugs in the first place.
It is shocking to me to understand how heroin of all drugs could become the “popular” drug.
We all remember heroin was a dead-end drug for the hopeless. It was the last stop on a trail of misery. And it still is.
But as we have begun our work on this epidemic, I am struck but how often good people come up to me or someone in the U.S. Attorney’s office with a tragic story of their own.
We had a news conference last month and one of the TV cameramen approached afterward and confided that he was in recovery from heroin.
A nursing student who graduated from the same suburban school my children attend who fatally overdosed. People from all backgrounds, all races, all socioeconomic classes, will tell us about a niece, a son, a daughter.
These are our kids. They are our neighbors who are dying. And they are dying in record numbers. This is truly everyone’s problem.
The Action Plan we’ve come up with is just a model, a good start.
Words like “crisis” and “epidemic” get thrown around a lot. But in my five years as U.S. Attorney, I can’t think of a problem we’ve encountered that comes close to the death and destruction that has been visited upon us like heroin.
Highland Heights Man Indicted for Sending Letter to IRS Containing White PowderRead the Press Release
A Highland Heights man was indicted after sending a letter containing white powder to the Internal Revenue Service, 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.
John T. Buchak, 27, was charged with one count of threatening use of a weapon of mass destruction. Buchak sent a letter via the U.S. Mail to the Internal Revenue Service on March 31, 2014, that contained white powder, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Chelsea Rice following an investigation by the Federal Bureau of Investigation.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Canton Man Faces Child Pornography ChargesRead the Press Release
Richard B. Elbert, 50, of Canton, Ohio, was charged 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 April 24, 2014, through on or about May 21, 2014, Elbert knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On May 22, 2014, images of child pornography were also found on his HP Compaq Presario laptop computer.
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 Federal Bureau of Investigation, Canton Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Elyria Man Sentenced to Life in Prison for Human TraffickingRead the Press Release
An Elyria man was sentenced to life in prison after forcing four females, including a 16-year-old girl, to have sex for money, law enforcement officials said.
Jeremy Mack, 38, of Elyria, was found guilty by a jury in February on nine counts, including human trafficking, drug crimes and obstruction of justice following a trial before U.S. District Court Judge Sara Lioi.
“Jeremy Mack preyed upon vulnerable women and held them in conditions akin to modern-day slavery,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “His conduct was offensive to everything this community and this country stand for, but his victims persevered, survived and exposed his twisted world of forced sex, violence and drug trafficking. Jeremy Mack earned every day of this sentence.”
“Preying on, coercing and forcing children into a world of drugs and sex is simply despicable and will not be tolerated,” said Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office. “This sentence clearly demonstrates that law enforcement and the courts will work together to ensure those responsible for such horrific crimes pay for their actions.
“This is an example of local police and federal law enforcement working together to make our community safer,” Elyria Police Chief Duane Whitely said.
Ashley Onysko, 24, of Avon Lake, previously pleaded guilty to charges related to her role in the conspiracy. She was sentenced to 30 months in prison earlier this week.
Between December 2012 and April 9, 2013, Mack and Onysko conspired together to provide heroin or cocaine to four females and then, after the victims incurred drug debts, used force, threats of force, fraud and coercion to compel them to engage in commercial sex acts.
They did this, in part, by posting photographs of the females on backpage.com on a user account that Mack and Onysko created, according to the indictment.
In March 2013, Victim 2, a 16-year-old minor, went to Mack’s residence in Elyria after school, at which time Mack gave her cocaine. Mack later told and caused others to tell Victim 2 that she needed to engage in commercial sex acts. She did, after which she turned over all proceeds to Mack, according to the indictment.
From March through April 9, 2013, Mack brandished a firearm in front of three of the females. He choked and threatened to kill one of the female victims, according to the indictment.
Count 1 charged Mack with conspiring with Onysko to force the four victims to engage in commercial sex acts by using force, threats of force, fraud and coercion
Counts 2 through 5 charged Mack with forcing each of the four victims to engage in commercial sex acts by using force, threats of force, fraud and coercion.
Count 6 and 7 charged Mack with distribution of heroin and cocaine, respectively.
Count 8 and 9 charged Mack with obstruction of justice. Count 8 charged Mack with advising his son, identified only as T.L., to “stick with the script” when testifying before the Federal Grand Jury. Count 9 charged Mack with providing money to Onysko in May 2013 to purchase personal items for Victim 4 and to advise the victim not to “flip”. He also told the victim not to speak with FBI agents attempting to contact her and advising her not to make incriminating statements against Mack, according to the indictment.
This case is being prosecuted by Assistant United States Attorneys Bridget M. Brennan and Carole Skutnik following an investigation by the FBI and Elyria Police Department.
Canton Man Charged with Tax ViolationsRead the Press Release
A five-count criminal information was filed charging a Canton man with attempting to evade nearly $200,000 in taxes by making false statements to the Internal Revenue Service and paying creditors other than IRS, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge of the IRS' Cincinnati Field Office.
Frederick C. Berndt, 39, attempted to evade the payment of a large part of income tax due for calendar years 2003, 2004 and 2006, in the amount of approximately $193,359, according to the information.
“The privilege of living well in the United States carries certain responsibilities, one of which is the voluntary payment of taxes,” Enstrom said. “IRS Criminal Investigation will vigorously investigate those individuals who knowingly and willfully evade their tax obligation.”
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 case is being prosecuted by Assistant U.S. Attorney Justin J. Roberts following an investigation by the Internal Revenue Service.
An information is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Youngstown Man Sentenced to 90 Years in Prison for Exploiting ChildrenRead the Press Release
A Youngstown man was sentenced to 90 years in prison for exploiting children and distributing visual depictions of minors in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Christopher Cavna, 27, had children engage in sexually explicit conduct in 2013 and then distributed images of that conduct.
The case was prosecuted by Assistant U.S. Attorney Michael A. Sullivan following an investigation by the Federal Bureau of Investigation, the Mahoning Valley Violent Crimes Task Force and the Ohio Adult Parole Authority.
Five Men Indicted for Roles in Investment Fraud SchemeRead the Press Release
A federal grand jury returned a 52-count superseding indictment against Mark O. Wittenmyer, age 54, of Holland, Ohio; Robert Milam, age 64, of League City, Texas; Lonny Remmers, age 56, of Corona, California; Mark Aller, age 50, of Birmingham, Michigan; and Douglas Boyce, age 56, of Maumee, Ohio. The indictment includes multiple charges including conspiracy, wire fraud, money laundering, securities fraud, and access device fraud.
The indictment was announced by Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge, FBI Cleveland Division, and Kathy Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
The indictment charges that from in or around January 2003, and continuing through May 2014, Wittenmyer, Milam, Remmers, Aller, Boyce, and others, conspired to solicit and collect investments, expenses, consulting fees, salaries and other payments in connection with investment and financing transactions induced by false and fraudulent pretenses, representations, and promises. The conspirators used several business entities to promote and induce investments, including Spring Valley Marketing Group, Community ISP, Momentum Management, OnLetterhead, bSecured Solutions, New Dimension Fund, and RM Capital.
False statements were made to investors, lenders, and other participants regarding past successes in arranging investments transactions for the purpose of inducing investments. Wittenmyer used the participation, and purported participation, of attorneys and other professionals to confer an aura of legitimacy to potential investors. Wittenmyer often fraudulently requested that investors and lenders advance funds for travel, legal fees, and other various expenses, which the conspirators then used for personal living expenses, according to the indictment.
In addition to each defendant being charged with one count of conspiracy to commit wire fraud, Wittenmyer is charged with eight counts of wire fraud, 32 counts of money laundering, six counts of securities fraud and two counts of access device fraud.
Milam is also charged with two counts of wire fraud and one count of money laundering.
Remmers is also charged with two counts of wire fraud.
Aller is also charged with three counts of wire fraud and one count of money laundering, and Boyce is charged with one count of money laundering.
If convicted, each defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including any prior criminal record, respective roles 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 investing public needs to watch for fraudsters and scam artists who promise the moon and sun, but deliver only pain and deceit. Remember, if it sounds too good to be true, it probably is,” Dettelbach said.
“These individuals enriched themselves with hundreds of thousands of ill-gotten dollars by creating and carrying out various fraudulent schemes. The FBI will continue to work with our law enforcement partners to bring to justice those that steal the hard earned money of others,” Anthony said.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, both of Toledo, Ohio. The case is being prosecuted by Assistant United States Attorneys Gene Crawford and James V. Moroney.
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 Faces Drug and Firearms ChargesRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced an indictment was filed against Michael J. McDuffey, age 31, of Toledo, Ohio.
The indictment charges McDuffey with possession of a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm on April 4, 2014. The indictment also charges McDuffey with three counts of possession with intent to distribute a controlled substance on April 1, 2014 and April 4, 2014.
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, and 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 Federal Bureau of Investigation, Toledo, Ohio, and the Toledo Metro Drug Task Force. The case is being handled by Assistant United States Attorney Noah P. Hood.
An indictment is only a charge and is not evidence of guilt. 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 Faces Child Pornography ChargesRead the Press Release
An indictment was filed charging Jason H. Quinney age 39, of Toledo, Ohio, with receipt and distribution of child pornography and possession of child pornography, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Secret Service, Toledo, Ohio. The case is being handled by Assistant United States Attorney Michael J. Freeman.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Strongsville Pharmacist Charged with Illegally Selling OpioidsRead the Press Release
A federal grand jury returned a 53-count criminal indictment yesterday charging pharmacist Osama Salouha, age 41, his wife Samah Salouha, age 36, both of Strongsville, Ohio, and pharmacist Sbeih Sbeih, age 45, of North Olmsted, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Osama Salouha was charged with using his pharmacies, Southside Pharmacy in Lorain and Medicine Center Pharmacy in Elyria, to sell opioids and opiates illicitly.
Osama Salouha, a pharmacist, was charged with 16 counts related to the dispensation of controlled substances, as well as two money laundering counts, six tax counts, 12 structuring counts and two counts of making false statements to law enforcement.
Samah Salouha was charged with one count each of structuring and false statements.
Sbeih Sbeih, a pharmacist, was charged with one money laundering count and four tax counts.
“The opioid and heroin epidemic in this state is fueled by drug dealers out to make money,” Dettelbach said. “Whether the evidence leads to a cartel, a stash house or behind a pharmacy counter, we will follow it, and we will hold these profiteers accountable.”
“Hiding income, structuring financial transactions to avoid currency requirements and filing false returns is not tax planning; it’s tax fraud. It’s a felony offense that carries severe consequences,” said Kathy Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “The IRS stands ready to partner with all law enforcement agencies to pursue individuals who commit these types of crimes that damage our community and the integrity of our tax system.”
The indictment alleges that Osama Salouha used his pharmacist’s license to illegally distribute Schedule II controlled substances like oxycodone and oxymorphone to customers at Southside Pharmacy in Lorain, Ohio, and Medicine Center Pharmacy in Elyria, Ohio. Mr. Salouha also made false statements to law enforcement about his prescription drug distribution.
“Pharmacists are licensed to dispense controlled substances to real patients with legitimate prescriptions," said Denise Foster, Group Supervisor DEA Cleveland Resident Office Tactical Diversion Squad. "It is alleged that these individuals abused their positions of trust and endangered the lives of countless people by illegally distributing opiate painkillers throughout Northeastern Ohio. Despite their professional status, these individuals elected to use their pharmaceutical training to feed the habits of drug abusers and acted just like the street corner drug dealers."
Osama Salouha and his co-owner of Southside Pharmacy, Sbeih Sbeih, also engaged in a conspiracy to launder money to conceal the proceeds to avoid transaction reporting requirements. And Osama Salouha committed international money laundering through wire transfers to bank accounts overseas.
Osama Salouha and Sbeih conspired to defraud the IRS by concealing their income on their corporate and individual income tax returns, which understated the amount of income that Southside Pharmacy was earning. Mr. Salouha made false statements to law enforcement about his income tax.
Osama and Samah Salouha engaged in structuring cash deposits to bank accounts to avoid the generation of currency transaction reports, and Mrs. Salouha made false statements to law enforcement about her efforts to structure the deposit of cash.
If convicted, a defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case was investigated by the Drug Enforcement Administration, the Internal Revenue Service, the Federal Bureau of Investigation, Ohio Board of Pharmacy, Ohio Bureau of Criminal Investigations, the Akron Police Department, Cuyahoga County Sheriff’s Office, Lake County Drug Task Force, Summit County Sheriff’s Office, Lorain County Drug Task Force, Strongsville Police Department, MEDWAY Drug Enforcement Agency, and the Cleveland Heights Police Department.
The case is being handled by Assistant United States Attorneys Michael Collyer and Linda 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.
Solon Couple Sentenced to Prison for Medicaid FraudRead the Press Release
A Solon couple that owned an ambulette company was sentenced to prison and ordered to pay restitutuion for defrauding Ohio Medicaid, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Ohio Attorney General Mike DeWine.
Temeca Hamilton was sentenced to 33 months in prison after pleading guilty to nine counts of health care fraud and one count of witness tampering. Antwain Hamilton was sentenced to 30 months in prison after pleading guilty to nine counts of health care fraud.
The court ordered both defendants to pay $823,283 in restitution.
The Hamiltons, both 37, operated their business Star Medical out of Maple Heights, Ohio.
“The punishment in this case reflects the brazen fraud in which these defendants engaged. Even after they knew they were under investigation, they kept defrauding the Medicaid program. Now, it is the defendants who must pay for their corrupt actions,” Dettelbach said.
“In some cases, our investigation found that this couple billed for ambulette runs that they claimed they made at the same time that they were vacationing out of state,” said Attorney General DeWine. “These individuals took lavish trips with the money that they weren’t entitled to and didn’t work for, and now they must pay the price by repaying those funds and serving jail time.”
Ambulette services contract with the Ohio Medicaid program to transport patients in vehicles known as ambulettes. An ambulette is a specially equipped van designed for wheelchair passengers. Medicaid pays ambulette operators for driving Medicaid patients to and from Medicaid-covered appointments, so long as: (1) the patient rides in a wheelchair; (2) a medical doctor certifies the need for the wheelchair and ambulette; and (3) the ambulette itself otherwise meets safety specifications.
The defendants were convicted of illegally charging Medicaid for rides of patients who did not use or need wheelchairs and for billing Medicaid for ambulette attendants, when no such attendants were used by Star Transport. The defendants also billed Medicaid for transports that never occurred, including instances when the defendants were taking Caribbean cruises and vacationing in Hawaii, Cancun, Mexico, and Las Vegas. Both defendants also continued to submit fraudulent billing after Medicaid suspended payments and after the U.S. Attorney’s Office sent them a letter informing them that they were targets of a federal criminal investigation. Temeca Hamilton tampered with a witness, a Medicaid recipient, by asking the witness to tell law enforcement that she been receiving transportation services from Star Transport for the last five years, which was false.
The case was prosecuted by Assistant U.S. Attorney Michael L. Collyer and Special Assistant U.S. Attorney Constance Nearhood, an Assistant Attorney General for the State of Ohio, after an investigation by Ohio Attorney General Mike DeWine’s Medicaid Fraud Control Unit and the Office of the Inspector General, United States Department of Health and Human Services.
Anyone suspecting health care fraud, waste or abuse can report it by calling the U.S. Department of Health and Human Services, Office of Inspector General at 800-447-8477. To learn more about health care fraud prevention and enforcement go to www.medicare.gov
Mexican Nationals Charged with Illegal ReentryRead the Press Release
Two Mexican nationals were indicted on charges of unlawful reentry to the United States, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Juan Ramon Valadez-Lara, age 26, is accused of unlawfully reentering the United States on May 12, 2014.
Joel Noe Fabian-Vazquez, age 27, of Mexico, , is accused of unlawfully reentering the United States on May 21, 2014.
The cases are not related.
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, and the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in these cases is the Department of Homeland Security, Customs and Border Protection, Port Clinton, Ohio. They are being handled by Assistant United States Attorney Noah P. Hood.
Boardman Corrections Worker Charged with AbuseRead the Press Release
A federal grand jury returned a one-count indictment charging Nicole White, age 34, of Boardman, Ohio, with sexual abuse of a ward, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that on or about October 2013, White, who was a correctional counselor at the Northeast Ohio Correctional Center, engaged and attempted to engage in sexual acts with a federal inmate at the facility.
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 U.S. Department of Justice Office of the Inspector General and the Bureau of Prisons. The case 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.
Akron Man Convicted of Possessing Ricin for Use as A WeaponRead the Press Release
Jeff Boyd Levenderis, age 58, of Akron, was convicted after a four-day jury trial in United States District Court in Cleveland, Ohio, of possessing the biological toxin ricin for use as a weapon, 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.
Levenderis was also convicted of one count of possessing ricin and two counts of making false statements to FBI agents.
The evidence and testimony introduced at trial showed that Levenderis produced ricin, a deadly biological toxin, at his home in Akron, sometime after 2000 and kept it in his freezer until it was recovered by FBI agents in January 2011.
The evidence showed that Levenderis intended to make a “weaponized” form of ricin. The evidence also showed that Levenderis planned to use the ricin against his stepfather and against first responders who might respond to a fire Levenderis planned to set at his house as part of an elaborate suicide plan.
Testimony at trial confirmed that the substance Levenderis manufactured contained active ricin and that it contained hundreds of lethal doses if inhaled or injected. Based on all of the evidence presented at trial, the jury found that Levenderis possessed the ricin for use as a weapon.
Additionally, the jury convicted Levenderis of possessing ricin of an unauthorized type or quantity without justification and with lying to FBI agents on two occasions when Levenderis denied making ricin, claiming it was only ant poison.
“The jury’s verdict confirms the danger posed by Jeff Levenderis in our community," Dettelbach said. "Levenderis produced a dangerous biological weapon that could have been used in multiple ways to harm or kill innocent people. Ricin is a significant threat and the evidence showed the defendant meant to use it. As a result of this conviction, our community is safer.”
“Levenderis brought extreme danger to our community by producing and weaponizing this deadly substance. The jury did an outstanding job handing down these much deserved guilty verdicts,” said Anthony.
Levenderis will be sentenced on a date yet to be scheduled.
The was prosecuted by Assistant United States Attorneys Matthew W. Shepherd and Om Kakani and Erin Creegan, Trial Attorney with the National Security Division of the United States Department of Justice. The conviction resulted from an investigation conducted by the FBI.
Michigan Woman Charged with Wire FraudRead the Press Release
A criminal information was filed charging Kimberly Meridieth, 45, of Temperance, Michigan, with wire fraud, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Meridieth fraudulently obtained a mortgage loan in the amount of $239,112 in 2009, according to the information.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Department of Housing and Urban Development. The case is being handled by Assistant United States Attorney Ava Dustin.
An information is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Holland, Ohio, Man Charged with Transporting Minor Across State Lines to Engage in Illegal Sexual ActivityRead the Press Release
An indictment was filed charging Robert Pollard, 23, of Holland, Ohio, with transportation of a minor across a state line with intent to engage in prostitution or illegal sexual activity on April 16, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Federal Bureau of Investigation. 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. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Four from Northeast Ohio Indicted for $2 Million Tax FraudRead the Press Release
Four people from Northeast Ohio were indicted for a conspiracy to use 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.
Named in the 11-count indictment are: Kenneth A. White, 47, Gwendolyn N. White, 31, Lacardaire M. Thedford, 47, all of Cleveland, and Lavelle G. Green, age unavailable, of Bedford Heights, Ohio.
“These defendants are charged with attempting to defraud the U.S. Treasury,” Dettelbach said. “They tried to take advantage of others to enrich themselves.”
“These individuals thought they had figured out a clever scheme to thwart the IRS and steal from the American taxpayers,” Enstrom said. “IRS will continue to vigorously pursue those who unjustly enrich themselves by preparing false claims for refunds. Protecting taxpayer money is a matter we take very seriously.”
Kenneth White recruited people to use as claimants on some false tax returns, often with the promise of substantial refunds. White and Green 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 the indictment.
Gwendolyn N. 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.
Greene and Thedford knew false returns were filed on their behalf, 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.
If convicted, the defendant’s 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 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.
Parma Couple Indicted for Distributing Heroin and Operating A Drug HouseRead the Press Release
A five-count indictment was filed today charging a Parma couple with running a heroin distribution operation from an apartment on West 50th Street, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Michael A. Austin, 34, and Chavone Burnett, 32, both of Parma, were charged with conspiracy, multiple counts of possession with the intent to distribute heroin, and maintaining one or more properties for the purpose of unlawfully manufacturing, storing, distributing and using heroin.
Austin, with the assistance of Burnett, obtained Apartment 3305 at 5556 Broadview Road (Midtown Tower Apartments) in Parma, to list as his residence with Austin’s U.S. Probation Officer. With Burnett’s assistance, he also obtained another residence at 5223 West 50th Street, Parma, for the purpose of storing and distributing heroin, as well as paraphernalia such as scales and baggies, according to the indictment.
Austin and Burnett obtained heroin from various distributors throughout Cleveland with intent to distribute the heroin at various dates in April 2014, according to the indictment.
Prosecutors are seeking to forfeit $11,243 in cash seized from the two Parma addresses.
The indictment results from an investigation conducted by the Parma Police Department and the Federal Bureau of Investigation.
The case was presented for indictment by Assistant United States Attorneys Christian Stickan and Special Assistant United States Attorney Margaret Tomaro, of the Ohio Attorney General’s Office.
If convicted, the defendants’ 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.
New York Man Sentenced to Three Years in Prison, Ordered to Repay $1.5 Million After Skimming from Trucking CompaniesRead the Press Release
A New York man was sentenced to three years in prison and ordered to pay more than $1.5 million in restitution for his role in a conspiracy that skimmed more than $1.7 million from trucking companies, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Special Agent in Charge Marlon Miller, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Detroit, which covers Michigan and Ohio.
Dilshod Sidikov, aka “Dema”, 26, of Brooklyn, N.Y., was sentenced to 37 months in prison after previously pleading guilty to conspiracy to commit wire fraud and money laundering.
“Criminal enterprises are constantly coming up with new ways to rip off companies, consumers and customers,” Dettelbach said. “This group tried to turn truck stops into their own personal ATMs. We will continue to work with our partners in law enforcement to stamp out these schemes.”
“Criminal groups are under the false impression that money-transfer scams crimes are low risk and high reward,” said Miller. “Today’s significant sentencing and subsequent fines underscore the very real consequences that await those who participate in these types of schemes.”
Twenty-six people have been found guilty of crimes related to the conspiracy.
Sidikov and other conspirators obtained account numbers and codes used by independent trucking companies to wire money to the companies’ drivers from February 2011through November 2012. They accomplished the objectives of the conspiracy and wire fraud as set forth below:
Electronic fund processing companies (EFP) such as Fleet One, Comdata, and TCH are used by trucking companies to electronically transfer funds to truck drivers at truck stops and other locations throughout the country. Drivers typically obtain the money by providing information to a customer service representative at a participating truck stop. That information is then relayed via wire to an EFP processing center. Once the EFP has authorized the request for money, the truck stop will issue a check to the driver who then cashes it.
From the above period of time, known and unknown individuals obtained account numbers and codes used by trucking companies to issue checks through EFPs. These account numbers and codes were obtained without the knowledge or consent of the trucking companies. The known and unknown individuals then provided the stolen account numbers and codes via telephone calls or text messages to the defendants, according to the indictment.
The defendants traveled to truck stops in the Northern District of Ohio and elsewhere. Once at the truck stops, they posed as truck drivers, approached customer service counters, presented the stolen account numbers and codes, and requested checks from EFPs such as Comdata, Fleet One and TCH, according to the indictment.
Customer service representatives at the truck stops then processed the requests by sending the account numbers and codes via wire to EFP processing centers located outside the Northern District of Ohio. The EFPs then authorized the requests and authorized the truck stop customer service representatives, via wire, to print checks for the defendants. They then endorsed the checks and cashed them at the truck stops, according to the indictment.
In total, the defendants fraudulently obtained a gross amount of more than $1.7 million, according to court documents.
From about February 2011, and continuing to on or about November 2012, Sidikov and other defendants conspired to launder money by transferring the proceeds of this scheme overseas and then back to the United States, according to the indictment.
The investigation preceding the indictment was conducted by the Department of Homeland Security Investigations (HSI). The matter was presented to the grand jury and is being prosecuted by Assistant United States Attorney David M. Toepfer.
Lakewood Man Sentenced to Seven Years in Prison, Ordered to Pay $7 Million for Defrauding Euclid Credit UnionRead the Press Release
A Lakewood man was sentenced to more than seven years in prison and ordered to pay nearly $7 million in restitution for embezzling from a Euclid credit union and using the money to pay his personal credit card accounts, 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.
William J. Memmer, 63, pleaded guilty earlier this year to one count of embezzlement and one count of making false entries in credit union records and reports.
“This defendant betrayed the trust of the credit union’s members and his employer,” Dettelbach said. “He simply took other people’s money to pay his debts. Now he’ll pay his debt to society.”
“This lengthy sentence is reflective of the magnitude of Mr. Memmer’s embezzlement and fraud he orchestrated for numerous years,” Anthony said. “Citizens should have a sense of trust that their investments are safe and the FBI will continue efforts to root out greedy fraudsters like Mr. Memmer.”
Memmer was employed as Assistant Manager/Treasurer of the GIC Federal Credit Union (GIC), which maintained an office at 26255 Euclid Avenue, in Euclid, Ohio.
From as early as 2006, Memmer maintained approximately 15 credit card accounts. He took blank GIC checks and drafted them payable to the credit card companies in payment of his personal obligation, then concealed the taking of the checks and embezzlement of the GIC funds. These actions caused a loss to the credit union of at least $1,843,007, according to the information.
As early as 2003, Memmer falsified quarterly financial reports to hide operating losses. He is also alleged to have falsified confirmations of GIC assets by as much as $5.7 million, according to the information.
Upon discovery of the fraud, the National Credit Union Administration closed GIC, and began the liquidation process.
The case is being prosecuted by Assistant U.S. Attorney James V. Moroney, following investigation by agents of the Federal Bureau of Investigation’s Cleveland Office.
Child Pornography Charges Filed Against Perrysburg ManRead the Press Release
A Perrysburg man was indicted on four counts related to child pornography, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Andrew B. Palm, age 34, engaged in the conduct between October 2012 and April 2013, according to the indictment. The charges relate to production, advertising, receipt and possession of child pornography.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Department of Homeland Security Investigations, Cleveland, Ohio. 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. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two Men Convicted in Fraudulent $24 Million Scheme Involving Sale of Iraqi CurrencyRead the Press Release
Two men from the Toledo area were convicted 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, 66, of Ottawa Hills, Ohio and Charles N. Emmenecker, 67, of Sylvania, Ohio, were convicted of conspiracy to commit wire fraud and wire fraud following a two-week trial in U.S. District Court in Toledo. Huebner was also convicted on 40 additional counts of money laundering and structuring.
A third defendant, Michael L. Teadt, 67, of Maumee, Ohio, was convicted on one count of mail fraud.
The men are expected to be sentenced in October.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.”
Rudolph M. Coenen, 47, of Jacksonville, Florida, previously pleaded guilty to crimes related to his role in the conspiracy.
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.
Strasburg Man Faces Child Pornography ChargesRead the Press Release
Ricky Merritt, 46, of Strasburg, Ohio, was charged 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 August 19, 2013, through on or about February 3, 2014, Merritt knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On April 17, 2014, images of child pornography were also found on his HP Compaq desktop computer.
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 Federal Bureau of Investigation, Canton Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Sheffield Lake Woman Faces Child Pornography ChargesRead the Press Release
Megan A. Boyer, 22, of Sheffield Lake, Ohio, was charged with producing 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 in or about February 27, 2013, through on or about February 13, 2014, Boyer did use, persuade, induce, entice and coerce a two minors to engage in sexually explicit conduct, for the purpose of producing a visual depiction of such conduct and such visual depiction was produced or transmitted using materials that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
Boyer is further charged with possessing a Verizon HTC cell phone, a removable secure digital card (SD card), and several Polaroid photographs that contained child pornography on February 13, 2014, 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 Federal Bureau of Investigation, Elyria Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Salem Man Charged with Passing Counterfeit $100 BillsRead the Press Release
A federal grand jury returned a five-count indictment charging Chad M. Collins, age 28, of Salem, Ohio, with counterfeiting, forging and passing U.S. obligations and securities, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that beginning on or about January 26, 2014, Collins passed several counterfeit securities in the Columbiana and Mahoning County areas. Specifically, he passed at least $1,800 in counterfeit $100 bills, 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, the Perry Township Police Department in Salem, Ohio and the Boardman Police Department. The matter is being prosecuted by Assistant United States Attorney Teresa L. Dirksen.
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 with Fraudulent Use of Credit Cards and DocumentsRead the Press Release
A federal Grand Jury returned a two-count indictment charging Sergei Davidoff, aka Sergiu Davidov, aka Sammy Davidoff, aka Sergio Da Vido, 53, with fraudulent use of credit cards and identification documents, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that Davidoff fraudulently used credit cards to purchase merchandise and services valued over $1,000. It further alleges that the defendant acquired and produced counterfeit identification cards as part of his scheme.
Assistant United States Attorney Matthew J. Cronin is prosecuting the case following an investigation by the United States Secret Service and the Medina Police Department.
If convicted, the Court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. In most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Justice Department Settles Lawsuit Against State of Ohio to End Unlawful Seclusion of Youth in Juvenile Correctional FacilitiesRead the Press Release
The United States and private plaintiffs announced today that it has reached an agreement with the state of Ohio, under which the State Department of Youth Services (DYS) will dramatically reduce, and eventually eliminate, its use of seclusion on young people in its custody. DYS will also ensure that young people in its juvenile facilities receive individualized mental health treatment to prevent and address the conditions and behaviors that led to seclusion. The order resolves allegations that the state subjects young people with mental health needs in its custody to harmful seclusion and withholds treatment and programming, in violation of their constitutional rights.
“Overreliance on solitary confinement for young people, particularly those with disabilities, is unsafe and counterproductive,” said Attorney General Eric Holder. “This agreement will help ensure that incarceration in Ohio's state facilities is humane and that appropriate treatment is provided for young people with mental illness. The Justice Department will continue to evaluate the use of solitary confinement so that it does not become a new normal for incarcerated juveniles.”
The department first investigated conditions at Ohio juvenile correctional facilities in 2007 and found constitutional deficiencies in the state’s use of physical force, mental health care, grievance investigation and processing and use of seclusion. The department entered into a consent decree with the state in June 2008 to remedy these violations at the Scioto Juvenile Correctional Facility and the since-closed Marion Juvenile Correctional Facility. Simultaneously, private plaintiffs in the case S.H. v. Reed entered into a consent decree with the state regarding similar deficiencies at all of the state’s juvenile correctional facilities. However, between November 2013 and January 2014, data from the monitoring of both consent decrees revealed that Ohio had continued to use unlawful seclusion on youth at Scioto and in the other facilities.On March 12, 2014, the department moved to supplement its original complaint by including the state’s use of unlawful seclusion at all of its juvenile correctional facilities. The court granted the motion on March 28, 2014, and the department filed the supplemental complaint on March 31, 2014. The department also sought a temporary restraining order requiring immediate measures to curb the state’s excessive seclusion of youth with mental health disorders. The agreed order resolves the United States’ claims in its motion for a temporary restraining order, as well as a motion for specific performance filed by the S.H. plaintiffs.
As an interim measure prior to the elimination of disciplinary seclusion for youth, the state will dramatically reduce the conditions under which seclusion is allowed and the duration of seclusion. The state will also reduce the potential harms caused by seclusion by increasing access to therapeutic, educational and recreational services while a young person is in seclusion.
The order requires the state to implement quality assurance measures to verify mental health treatment integrity, develop comprehensive assessments of youth, eliminate the use of disciplinary seclusion on youth with mental health needs, except for the most serious offenses, limit the amount and duration of disciplinary seclusion in the limited circumstances when it is permissible, conduct regular checks on youth who are secluded for safety concerns in order to release youth as soon as possible and perform individualized treatment plan reviews and modifications to address violent behaviors. The order includes performance standards to measure compliance with these requirements, which will be jointly overseen by the monitors in the existing United States and S.H. consent decrees.
Because the order also reflects the state’s commitment to eliminate all disciplinary seclusion, the department agreed to withdraw its remaining claims regarding the state’s seclusion of youth who do not have an identified mental health disorder. The department can renew those claims later if the state makes insufficient progress in eliminating all forms of disciplinary seclusion.
“The state of Ohio, the administrators of the Department of Youth Services and their counsel are to be commended for their commitment to reforming Ohio’s juvenile correctional facilities,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “Ohio’s commitments in this agreement will go a long way toward reducing the harm young people are experiencing in the state’s juvenile correctional facilities, especially young people with mental health needs.”
“This agreement will provide significant relief to youth in DYS custody by ensuring they receive appropriate mental health treatment and are not subject to excessive seclusion,” said U.S. Attorney Carter Stewart for the Southern District of Ohio. “Today, the state has taken an important step in rectifying the unconstitutional conditions in its juvenile correctional facilities.”
“We applaud the state for its commitment to rectifying the overuse of seclusion on youth in its custody,” stated U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio. “The agreement we are announcing today – which is the result of the collective efforts of the Justice Department, the private plaintiffs and the state of Ohio – will put in place reforms that will drastically improve outcomes for these youth.”
The Violent Crime Control and Law Enforcement Act of 1994 authorizes the department to seek a remedy for a pattern or practice of conduct that violates the constitutional or federal statutory rights of youth in juvenile justice institutions. Please visit the division website to learn more about this act and other laws enforced by the Civil Rights Division.
This agreement is due to the efforts of the Special Litigation Section of the Civil Rights Division, the U.S. Attorney’s Office for the Southern District of Ohio, and the U.S. Attorney’s Office for the Northern District of Ohio. This agreement is also due to the work of plaintiffs’ counsel in S.H., Alphonse Gerhardstein of Gerhardstein & Branch Co. LPA, and Kim Tandy of the Children’s Law Center Inc., and to the leadership of the Ohio DYS.
U.S. Attorney Steven Dettelbach Honored for Efforts to Combat HeroinRead the Press Release
“The compassionate work of the individuals and programs we honor are truly inspiring,” remarked Harvey A. Snider, Esq., Board Chair, as nearly 350 guests witnessed the Alcohol, Drug Addiction and Mental Health Services (ADAMHS) Board of Cuyahoga County present awards during its Annual Meeting on Monday, May 19, 2014. “Their extraordinary contributions are helping children and adults with mental illness and addictions on their path to recovery.”
William M. Denihan, Chief Executive Officer, noted that “The actions of each of our recipients are helping to alleviate the stigma that is still too often associated with mental illness and addictions. Their achievements embody what community treatment and support is all about.”
The award recipients are:
Addiction Treatment Professional of the Year – Dennis Madden, Chief Executive Officer of Stella Maris for melding his human services, advocacy and leadership experience to help people living with heroin and other substance abuse issues, playing a significant role in the discussion to bring more sober beds to Cuyahoga County and for helping Stella Maris achieve yet another level of excellence.
Mental Health Professional of the Year - Barb Obiaya, Director of Family Support Services at the Achievement Centers for Children to honor her 38 years of experience assisting children and families cope and recover from mental illness, recognizing the importance of intervening as early as possible to take advantage of the critical developmental stages of children and educating others on the importance of this vulnerable age group.
Community Partner Collaboration Awards – Steven Dettelbach, US Attorney General for the Northern District of Ohio for his remarkable leadership and partnership with public systems to serve the community to end the heroin epidemic in Northeast Ohio by ensuring that there is a balance between the judicial system and the treatment system so that people abusing heroin will get the help they need, and that people selling this deadly drug will be taken off of the streets and for protecting children from the effects of violence through the Defending Childhood project.
Wally Clevenger for the tremendous amount of volunteer work he has exhibited in bringing young people who are in recovery from heroin addiction together to support one another and to share their stories with thousands of high school students about the consequences of heroin.
Rev. Dr. Howard Pippin, Jr., the pastor of Aldersgate United Methodist Church for making it clear that activities supportive of mental health and substance abuse recovery are welcome, striving to erase the stigma of mental health and addiction issues in the community and for promoting the relationship between spirituality and the recovery process.
Consumer/Client Involvement Award - Urban Goodness – a collaborative program of Connections; Health, Wellness, Advocacy that is a therapeutic community farming project operated by 20 people living with mental illness and/or substance abuse issues.
Family Involvement Award - Rob Brandt of Robby’s Voice for developing a prevention program to honor his son who died by heroin overdose and sharing their personal family story with the world in order to help others to not experience the same tragedy.
Legislator of the Year: Local Level – Cleveland City Councilman Joe Cimperman for his willingness to publically share his family’s story of dealing with his mother’s bi-polar disorder and how it affected his family to help others understand the importance of treatment and support services.
Legislator of the Year Award: State Level – State Representative Nickie Antonio for her concern with the quality of life for all people, working for human rights and equality and advocating for mental health and addiction issues in the State Budget Mid-biennium Review.
Contract Agency Collaboration - Seasons of Hope operated by Hitchcock Center for Woman for its uniqueness in offering a place where women with alcohol or drug-addiction who are in distress can go for help without feeling ashamed or alienated, and receive information about treatment when they are ready and serving over 400 individual women through 640 visits.
Media Award - Rita Andolsen, Director of Advocacy & Community Initiatives, WKYC TV3 for taking on the Heroin epidemic as one of the stations advocacy efforts and for organizing the “Heroin Epidemic, The Next Step” meeting consisting of representatives from the provider community, justice system and elected officials to discuss a strategy to combat heroin and for sitting on the Juvenile Safe Surrender planning committee.
Toledo Man Sentenced to 15 Years in Prison for Human TraffickingRead the Press Release
A Toledo man was was sentenced to 15 years in prison for sex trafficking involving children, 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.
Brady Jackson, 28, was convicted last year on two counts of sex trafficking of children following a jury trial.
“Human trafficking is a despicable crime,” Dettelbach said. “This defendant targeted vulnerable people for the sole purpose of profiting off them in the commercial sex industry.”
Anthony said: “The sexual human trafficking of minors for profit is an injustice that will not be tolerated. The FBI continues to aggressively pursue and bring to justice those who violate the rights of our most vulnerable of the community.”
Jackson advertised on backpage.com in in Septmber 2011 that the two girls, ages 16 and 15, were available for prostitution. Jackson told the girls that he would take all the money they would make from prostitution but that he would take them shopping and get their hair and nails done, according to court records.
This case is being prosecuted by Assistant United States Attorneys Carol M. Skutnik and Ava Dustin following an investigation by the Northwest Ohio Violent Crimes Against Children Task Force (NWOVCACTF).
The NWOVCACTF, directed by the FBI Resident Agency in Toledo, Ohio, includes special agents of the FBI, and agents and officers from the Ohio Bureau of Criminal Identification and Investigation, Ohio Highway Patrol, Toledo Police Department, Lima Police Department, Perrysburg Township Police Department, Fulton County Sheriff's Office and the Ottawa County Sheriff's Office. Toledo Office of the Federal Bureau of Investigation.
Brunswick Man Convicted of Illegally Receiving $3 Million in Credit Union CollapseRead the Press Release
A Brunswick man was convicted of 14 counts related to 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, 41, is scheduled to be sentenced on August 19.
Following a weeklong trial in U.S. District Court in Cleveland, a jury convicted Vujovic 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.
The 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 tragedy for this community,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “We will make sure all those responsible for its failure will be held accountable.”
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 conviction 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.
Akron Men Indicted for Counterfeiting ConspiracyRead the Press Release
A three-count indictment was unsealed charging Jerry Reynolds, 44, and Marvin Reynolds, 34, both of Akron, Ohio, with one count of conspiracy to possess and utter counterfeit checks, Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced.
The grand jury also charged both with two counts of possessing and uttering counterfeit checks, or causing another to possess and utter a counterfeit check, on July 13, 2013.
According to the indictment, Jerry Reynolds and Marvin Reynolds knowingly and intentionally recruited individuals to possess and utter counterfeited and forged checks of an organization, which activities affected interstate or foreign commerce.
If convicted, the sentences of the defendants will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, his role in the offenses and the unique 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 is being conducted by the United States Secret Service with assistance from the Norton Police Department. The case is being prosecuted by Kevin Culum, Special Assistant United States Attorney.
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.
Michigan Man Indicted for Three Bank RobberiesRead the Press Release
An indictment was filed chagring Jason Radigan, age 39, of Northville, Michigan, with robbing three banks, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges Radigan with robbery of Charter One Bank, located at 5150 North Summit Street, Toledo, Ohio, on January 30, 2014; Huntington Bank, located at 5201 North Summit Street, Toledo, Ohio, on March 4, 2014; and State Bank & Trust, located at 610 East South Boundary, Perrysburg, Ohio on April 9, 2014.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Federal Bureau of Investigation’s Northwest Ohio Violent Crimes Task Force, the Toledo Police Department, and the City of Perrysburg, Ohio Police Department. The case is being handled by Assistant United States Attorney Ava Dustin.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Mexican Man Charged with Illegal ReentryRead the Press Release
An indictment was filed charging Salvador Soto-Gomez, age 63, of Mexico, with with unlawful reentry into the United States on April 2, 2014, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Department of Homeland Security, Cleveland, Ohio. The case is being handled by Assistant United States Attorney Michael J. Freeman.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cuyahoga Falls Man Faces Child Pornography ChargeRead the Press Release
Kenneth L. Durbin, a 73 year-old male from Cuyahoga Falls, Ohio, was charged with distributing a visual depiction of a minor engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The information charges that from on or about September 1, 2011, through on or about November 1, 2011, Durbin knowingly distributed in interstate and foreign commerce, by computer, a computer file which contained a visual depiction of a minor engaged in sexually explicit conduct.
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 Canton office of the Federal Bureau of Investigation.
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.
Youngstown Man Indicted on Heroin and Firearms ChargesRead the Press Release
A six-count indictment was filed charging a Youngtown man with distributing heroin and being a felon in possession of a firearm and ammunition, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio
Dorian Christian, age 38, distributed heroin on or about March 19; March 20; March 26; April 3; and April 11, 2014, according to the indictment.
The indictment also charges that on or about April 14, 2014, Christian possessed a Smith & Wesson, model SW40VE, .40 caliber pistol, and ammunition, despite having been previously convicted of conspiracy to possess with intent to distribute and distribution of crack cocaine in the United States District Court for the Northern District of Ohio.
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 Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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.
Youngstown Man Faces Child Pornography ChargesRead the Press Release
Nickie Thomas Gray, Jr., 43, of Youngstown, Ohio, was charged 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 February 14, 2013, through on or about April 1, 2014, Gray knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On April 17, 2014, images of child pornography were also found on his Gateway computer and Western Digital hard drive, 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 Federal Bureau of Investigation, Youngstown Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.