Northern District of Ohio

A former Toledo medical doctor was sentenced to five years in prison after previously pleading guilty to crimes related to the dispensation of 1,300 pills of Oxycodone and fraudulently billing Medicaid for more than $78,000, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Darrell A. Hall, age 54, previously pleaded guilty to conspiracy to distribute a controlled substance, health care fraud and a tax count.

“This sentence should send a message to any doctor who would use their prescription pad as a means to run a pill mill,” Dettelbach said.

“This case is a clear example of a doctor putting greed above quality care for his patients," said Ohio Attorney General Mike DeWine. "This joint state and federal investigation found that this doctor improperly prescribed the drug Oxycodone, and he also defrauded the Medicaid program by claiming he provided more services than he actually did."

Hall was licensed to practice medicine and operated a practice under the name “EDM Health Services, LLC.” He was also a registered provider to Ohio Medicaid, which provides free health benefits to qualified low-income Ohio residents, according to court records.

Hall conspired with others between August 2008 through May 2009 to distribute 1,300 pills of 80 milligrams of Oxycodone for no legitimate medical purpose, according to court records.

He also fraudulently billed Ohio Medicaid in the amount of $78,113.73 between January 2007 and December 2009, according to court records.

He also failed to pay $97,384.88 in taxes that he owed to the Internal Revenue Service owed on behalf of EDM Health Services, LLC, between 2007 and 2010, according to court records.

The health care fraud charge was investigated by Ohio Attorney General Mike DeWine’s Health Care Fraud Unit, while the other charges were investigated by the Drug Enforcement Administration, Detroit, Michigan, and the Internal Revenue Service, Toledo, Ohio. The case is being handled by Assistant United States Attorneys Joseph R. Wilson and Thomas P. Weldon.

A criminal information was filed charging Jermain R. Stevenson, age 22, of Toledo, Ohio, with wire fraud and aggravated identity theft, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Stevenson is accused of fraudulently obtaining the personal identification information of credit-card holders and using that information to have purchase goods and services that he then had delivered to various locations in Toledo, according to the information.

Stevenson did this between October 2010 and January 2012, fraudulently purchasing at least $62,000 worth of goods and services, according to the information.

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

The investigating agency in this case is the Federal Bureau of Investigation, Cleveland.  The case is being handled by Assistant United States Attorney Joseph R. Wilson.

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.

An Eastlake man was sentenced to more than two years in prison and ordered to pay $1 million for his role in a fraud against St. Paul Croatian Federal Credit Union, said Steven M. Dettelbach.

Marko Nikoli, age 35, pleaded guilty last year to two counts of bank fraud and one count of money laundering.

U.S. District Judge Christopher A. Boyko sentenced Nikoli to 27 months in prison.

SPCFCU, located in Eastlake, was placed into conservatorship by the National Credit Union Administration on April 23, 2010. One week later, the NCUA liquidated SPFCFU and discontinued its operations after determining the credit union was insolvent. At that time, SPCFCU served about 5,400 members and was believed to have assets of approximated $239 million.

This case is being prosecuted by Assistant U.S. Attorneys Bridget M. Brennan and Justin Herdman following an investigation by the Cleveland office of the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division.

A one-count criminal information was filed today charging Willoughby Hills woman with embezzling more than $650,000 in federal funds, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Theresa E. Medsker, age 51, is accused of embezzling approximately $654,192 in federal funds while working as the bookkeeper for the Schnurmann House in Mayfield Heights, Ohio. Schnurmann House is a non-profit, inter-denominational housing community consisting of 198 apartments for individuals age 62 and over that receives a substantial portion of its funding from the United States Department of Housing and Urban Development.

“This defendant was in a position of trust, and the charge lays out behavior that is a clear violation of that trust,” Dettelbach said. “This office will continue to hold accountable those that would betray the public’s confidence, in whatever form.”

The information charges that from on or about December 28, 2005 through on or about January 10, 2012, Medsker controlled Schnurmann House's bank accounts, and issued fraudulent checks from these accounts to herself. Because all of the Schnurmann House checks required two signatures, one from the executive director and one from the administrative assistant, Medsker forged the signature of the executive director on the checks and presented them to the administrative assistant, who signed them believing that the executive director had already approved the checks, according to the information.

Then, Medsker cashed and deposited the Schnurmann House checks into her personal bank accounts. In order to conceal her theft of funds from the Schnurmann House, Medsker altered and falsified the Schnurmann House’s monthly bank statements by physically cutting and pasting vendor checks on top of the checks she wrote to herself, and making counterfeit copies of the bank statements, according to the information.

Medsker then submitted the altered bank statements to the executive director and the board as Schnurmann House’s official financial records, according to the information.

Over the course of the fraud, Medsker deposited approximately 300 Schnurmann House checks made payable to her into her personal accounts totaling approximately $654,192, according to the information.
If convicted, Medsker’s sentence will be determined by the court after review of factors unique to this case, including defendant’s prior criminal record, if any, defendant’s role in the offense, and the characteristics of the violation. The sentence will not exceed the statutory maximum and will likely be less than the maximum statutory period of incarceration.

This case is being prosecuted by Assistant United States Attorney Mark S. Bennett, following an investigation by the Cleveland Office of the United States Department of Housing and Urban Development, Office of Inspector General, and the City of Mayfield Heights Police Department.

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

A Bay Village man was charged via criminal information with mail fraud and tax evasion, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Frederick C. Bryant, age 45, is accused of embezzling $505,832 from a victim that he guaranteed a 5 percent rate of return.

Bryant converted the money for his own personal use. Bryant also failed to report the funds to the IRS, according to the information.

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, his role in the offense, and the characteristics of the violation. In all cases the sentences 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 Vasile C. Katsaros, following an investigation by the Federal Bureau of Investigation and the Internal Revenue Service.

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

The Justice Department announced today that it has opened a pattern or practice investigation into use of force by the Cleveland Division of Police (“CPD”).  The investigation will focus on allegations that CPD officers use excessive force, including unreasonable deadly force, and on the adequacy of CPD’s training, supervision, and accountability mechanisms that are essential to effective, constitutional policing.

The Justice Department’s investigation will determine whether CPD officers engage in a pattern or practice of using excessive force in violation of the Constitution and federal law.  This investigation will include a comprehensive review of CPD’s policies, procedures, training, accountability systems, and community engagement.  As part of this investigation, the Justice Department will reach out to community members and groups for help in identifying potential problems within the police department.

Department officials have met with Cleveland Mayor Frank Jackson, CPD Chief Michael McGrath, and Director of Public Safety Martin Flask and will continue to work closely with both the City and CPD as the investigation progresses.  

“Police officers across the country are called upon to protect and safeguard members of their communities and are afforded the authority they need to do so, including the authority to use deadly force,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “It is absolutely imperative that officers use that authority responsibly and within the boundaries of the law.  We are eager to work together with the City of Cleveland and its police department to help ensure that its officers are best serving the individuals they are sworn to protect.”

“As we begin this process, our commitment to this community and this city is to conduct a thorough and fair investigation,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio. “Our joint goal cannot be to invent tough issues, nor can we hide from them if they exist.  The Mayor, among others, requested this investigation, and we hope that with the continued cooperation of the city and the community we can ensure Cleveland’s residents receive top notch police protection.”

The Violent Crime Control and Law Enforcement Act of 1994 prohibits state and local governments from engaging in a pattern or practice of misconduct by law enforcement officers that deprives individuals of federally-protected rights.  The Act also allows the Justice Department to remedy such misconduct through civil litigation.  The Justice Department has conducted similar investigations and has obtained important reforms in police departments and law enforcement agencies across the country.  

The Special Litigation Section of the Justice Department’s Civil Rights Division, in Washington, D.C., and the U.S. Attorney’s Office for the Northern District of Ohio, in Cleveland, are jointly conducting this investigation.   Individuals with relevant information are encouraged to contact the Justice Department via email at community.clevelandpd@usdoj.gov or by phone at (202) 307-6479.

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.  Additional information about the U.S. Attorney’s Office for the Northern District of Ohio is available on its website at http://www.justice.gov/usao/ohn/.

The Justice Department announced today that, as part of its Barrier-Free Health Care Initiative, it has reached a settlement with Glenbeigh Hospital of Rock Creek, Ohio, under the Americans with Disabilities Act (ADA).  The settlement resolves allegations that Glenbeigh violated the ADA by denying admission to someone because of HIV.  This is the fourth settlement that the Justice Department has reached in six weeks addressing HIV discrimination by a medical provider.

The Justice Department found that Glenbeigh unlawfully refused to admit someone with HIV into its alcohol treatment program because of the side effects of his HIV medication.  Glenbeigh’s alcohol treatment program consists of helping patients through the physical aspects of recovery, as well as providing counseling and incorporating spiritual healing.  The department determined that Glenbeigh cannot show that treating the complainant would have posed a direct threat to the health or safety of others.

“Ensuring access to medical care for people with HIV requires that those in the medical field make medical decisions that are not based on fears or stereotypes,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “The ADA does not tolerate HIV discrimination and neither will the Justice Department.”

“Our office is committed to vigorously enforcing the ADA, including for those with HIV,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio. “This settlement should send a clear message that those with HIV are entitled to the same services, including medical treatment, as everyone else.”

Under the settlement, Glenbeigh must pay $32,500 to the complainant and $5,000 in civil penalties.  In addition, Glenbeigh must train its staff on the ADA and develop and implement an anti-discrimination policy. 

In the past five weeks, the department announced similar agreements with Woodlawn Family Dentistry, the Castlewood Treatment Center, and the Fayetteville Pain Center to address HIV discrimination.  All four settlements are part of the Department of Justice’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation, to target enforcement efforts on a critical area for individuals with disabilities.   The initiative, launched on the 22nd anniversary of the ADA in July 2012, includes the participation of 40 U.S. Attorney’s offices.  The division expects the initiative to address access to health care for people with HIV and those with hearing disabilities, as well as physical access to medical facilities.  In 2012, the division and U.S. Attorneys offices reached two settlement agreements regarding access to medical care for people with HIV and four settlements regarding access to medical care for people with hearing disabilities.  For more information on the Barrier Free Health Care Initiative visit www.ada.gov/usao-agreements.htm.

For more information on the ADA and HIV, visit www.ada.gov/aids.   Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov.  ADA complaints may be filed by email to ada.complaint@usdoj.gov.

Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announced today that Michael S. Dockery, a 30 year-old from Lima, Ohio, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.

The indictment charges that from on or about February 10, 2012, through on or about June 1, 2012, Dockery knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct.

On June 5, 2012, images of child pornography were found on his HP Compaq desktop computer, Dell laptop computer, and six computer thumb drives. On February 4, 2013, images of child pornography were found on his HP Probook 4530s laptop. On February 22, 2013, images of child pornography were found on an additional computer thumb 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 Lima Office of the Federal Bureau of Investigation.

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

Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a federal grand jury has returned an indictment charging Shakeel Jeffcoat, age 28, of Wilmington, Delaware, with one count of passing counterfeit currency and one count of possessing counterfeit currency.

The indictment charges that on February 5, 2013, Shakeel Jeffcoat passed counterfeit $100 United States federal reserve notes and possessed counterfeit $100 United States federal reserve notes.

If convicted, the defendant’s sentence will be determined by the Court after 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.

The case is being presented by Assistant United States Attorney Gregory C. Sassé after an investigation by the United States Secret Service.

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

A tax preparer from Waterville, Ohio, was indicted on four tax counts related to efforts to evade his personal income tax obligation on more than $1.3 million in income, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

According to the indictment, Ronald D. Durbin, age 72, was the principal officer and operator of Citizens Tax Service. He is alleged to have failed to have filed income tax returns for the following years in which he had income on which taxes were due:

2006: $286,604

2007: $306,620

2008: $363,031

2009: $348,881

The indictment alleges that he sought to evade payment of his income taxes for these years by using a nominee owner of his tax preparation business and using nominee bank accounts to conceal the income.
This case is being prosecuted by Assistant United States Attorney Justin J. Roberts following an investigation by the Internal Revenue Service – Criminal Investigations. 

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

Six men from northwest Ohio were indicted on a variety of charges related to their roles in a conspiracy to transport semi-trucks, trailers and cargo stolen in Ohio, Michigan and Indiana, said law enforcement officials said.

The 17-count indictment names Michael Wymer, age 54, of Toledo; Robert W. Debolt, Jr., age 47, of Toledo; Michael A. Deutsch, age 38, of Toledo; Shawn M. Wymer, age 27, of Holland; Gary J. Wymer, age 55, of Rossford,  and Terrance L. Wymer, age 28, of Toledo, Ohio.

“This was a highly organized group that stole from people throughout the Midwest,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.  “The FBI, Ohio State Patrol and all the law enforcement partners involved in this investigation did a tremendous job shutting down this ring.”

“These defendants operated a truck and cargo-theft ring, stealing from Ohio, Michigan and Indiana, which resulted in a multi-million dollar losses,” said Stephen D. Anthony, Special Agent in Chargeof the FBI’s Northern District of Ohio. “This case was a true collaborative effort by all participating agencies, and we are committed to holding accountable those individuals who engage in this organized criminal activity.”

Colonel John Born, Superintendent of the Ohio State Highway Patrol, said: “Criminals are using Ohio’s vast interstate system to engage in vehicle theft and fraud. These crimes degrade the quality of life in Ohio, and we will continue working together to ensure the safety and security of all Ohioans.”

The charges relate conduct that took place from August 2012 through February 2013, according to the indictment.

The men operated a chop shop located at 642 Sterling Street in Toledo, while Gary Wymer and others operated another chop shop at 2322 Consual Street in Toledo, according to the indictment.

The men would dismantle stolen semi-trucks, trailers and cargo, transport the pieces and parts of said stolen items between the two chop shops and the ultimately destroy or scrap the stolen goods, according to the indictment.

They also received stolen motor vehicles and parts with the intent to sell or dispose of them, according to the indictment.

If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles 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, Cleveland, Ohio in conjunction with the Ohio State Highway Patrol and the Ohio Bureau of Motor Vehicles.  The case is being handled by Assistant United States Attorneys Alissa M. Sterling and Thomas A. Karol.

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

A Cleveland man was charged with traveling to abroad and illegally engaging in illicit sexual conduct with children, said Mythili Raman, Acting Assistant Attorney General, Criminal Division, United States Department of Justice, and Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Malek M. Al Maliki, Jr., 55, was arrested March 6.

“Protecting children from predators is a priority of my office and the Department of Justice,” Dettelbach said. “We will vigorously go after those who would abuse children, whether they lurk online, travel abroad or engage in human trafficking in our backyard.”

The indictment charges that between on or about August 15, 2010 and November 8, 2010, Al Maliki, a United States citizen, traveled in foreign commerce from the United States to Syria, and engaged and attempt to engage in illicit sexual conduct with John Doe #1, a person under 18 years of age. 

The indictment also charges that between on or about August 15, 2010 and November 8, 2010, Al Maliki, traveled in foreign commerce from the United States to Syria, and attempted to engage in illicit sexual conduct with John Doe #2, a person under 18 years of age.      

If convicted, the defendant’s 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 and Trial Attorney Bonnie Kane of the Criminal Division’s Child Exploitation and Obscenity Section.  The case was investigated by the Department of Homeland Security, Homeland Security Investigations.

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

A criminal information was filed charging an Avon Lake man with one count of making a false statement to law enforcement, law enforcement officials said.

Kenneth J. Grabowski, 67, was a retired employee of a company identified only as Business 13. He retired in 2003.

As part of the wide-ranging investigation into public corruption in Cuyahoga County, FBI agents tried to determine employees at Business 13 engaged in fraud and commercial bribery with targets of the investigation, including Michael Forlani, the owner of Doan Pyramid Electric, according to the information.

Agents interviewed Grabowski on Nov. 10, 2011, during which time he knowingly and willfully made a material false statement to FBI agents. Grabowski said he was not aware of Forlani or any other Doan Pyramid employee giving case to any Business 13 employee, including Grabowski himself, well knowing at the time that his statement was false, according to the information.

This case is being prosecuted by Assistant United States Attorneys Antoinette T. Bacon, Ann C. Rowland and Nancy Kelley following an investigation by the Federal Bureau Investigation and Internal Revenue Service – Criminal Investigations.

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.

A 97-count indictment was filed charging 28 people with violations including conspiracy, wire fraud and money laundering for their roles in a scheme that skimmed more than $1.7 million from trucking companies, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and William Hayes, acting special agent in charge U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Detroit.

“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.”

“This organization is alleged to have significantly defrauded American trucking companies engaged in legitimate commerce,” Hayers said. “This type of illegal activity can result in higher costs passed on to the consumer.”   

Those indicted are: Dilshod Sidikov, aka “Dema”, 24, of Brooklyn, NY; Michael McPherson, 24, of Bronx, NY; Jamarl Gibbs, 29, of Albany, NY; Vernon Parker, 38, of Brooklyn, NY; Ahygia McDowell, 29, of Bronx, NY; Rashaad Forest, 32, of Bronx, NY; William Kelly, 30, of Bronx, NY; Jonas Belizaire, 32, of Bronx, NY; Liza Ortiz, 39, New York, NY; Victoria Alford, aka Victoria Kayeoni Alford, 43, Auburn, NY; Juan Pablo Estevez, 23, Stanton Island, NY; Gilbert Ortega, 38, of Brooklyn, NY; Sharone Lewis, 32, of Brooklyn, NY; Gerald Gomez, 24, of New York, NY; William Whitehead, 28, of Bronx, NY; Mario Flores, 56, of Bronx, NY; Ilya Trakhtenberg, 36, of Brooklyn, NY; Ashle Gardner, 25, of Brooklyn, NY; Paul Garrett, 46, of Bronx, NY; Chad Cook, 35, of Syracuse, NY; Ernest Gonzalez, 45, of Bronx, NY; Anthony Latief King, 42, of Bowie, MD; Johnathan Harris, 23, of Toledo, Ohio; Reginald Nottage, 48, of Brookyln, NY; Paul Grimes, 25, of Bronx, NY; Daniel Nieves, 25, of Bronx, NY; Igor Bekkerman, 41, of Denver, and Erna Kobrinsky, 42, of Hallandale Beach, FL.

Count 1 of the indictment charges the following defendants with conspiracy to commit wire fraud: Dilshod Sidikov, aka “Dema”; Michael McPherson; Jamarl Gibbs; Vernon Parker; Ahygia McDowell; Rashaad Forest; William Kelly; Jonas Belizaire; Liza Ortiz; Victoria Alford, aka Victoria Kayeoni Alford; Juan Pablo Estevez; Gilbert Ortega; Sharone Lewis; Gerald Gomez; William Whitehead; Mario Flores; Ilya Trakhtenberg; Ashle Gardner; Paul Garrett; Chad Cook; Ernest Gonzalez; Anthony Latief King; Johnathan Harris, Reginald Nottage, Paul Grimes, and Daniel Nieves.

Counts 2 through 96 of the indictment charges the following defendants with wire fraud: Vernon Parker; Ahygia McDowell; Rashaad Forest; Jonas Belizaire; Liza Ortiz; Victoria Alford, aka Victoria Kayeoni Alford; Juan Pablo Estevez; Gilbert Ortega; Sharone Lewis; Gerald Gomez;  William Whitehead; Mario Flores; Ilya Trakhtenberg;  Chad Cook; Ernest Gonzalez; and Johnathan Harris.

The indictment charges that the defendants fraudulently obtained account numbers and codes used by independent trucking companies to wire money to the companies’ drivers from February 2011 through 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. Most of the transactions took place at truck stops in Ohio, according to the indictment.

Count 97 of the indictment charges the following defendants with money laundering: Dilshod Sidikov, aka “Dema”; Ilya Trakhtenberg; Ahygia McDowell; Daniel Neives; Igor Bekkerman; and Erna Kobrinsky. 
From about February 2011, and continuing to on or about November 2012, the defendants conspired to launder money by transferring the proceeds of this scheme from bank accounts New York to Russia and Uzbekistan and then back again to bank accounts in New York, according to the indictment. 

If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including each of 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 sentences 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 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.

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

A federal grand jury has returned an indictment charging Wilbert T. Hughes, Jr., age 39, of Youngstown, Ohio, with one count of possession with the intent to distribute 28 grams or more of a mixture or substance containing a detectable amount of cocaine base (crack) and one count of felon in possession of ammunition, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The charges stem from activity that toook place on July 23, 2012 in Youngstown, Ohio, according to the indictment.

The case is being prosecuted by Assistant United States Attorney Linda H. Barr after an investigation by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

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

Three people were indicted on charges related to a conspiracy to distribute two kilograms of cocaine, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Count 1 charges Christopher Isaac, age 43, of Los Angeles; Sharon Stanley, aka Sharun Stanley, age 40, of Las Vegas; and Charlotte Brookins, age 34, of Las Vegas, with conspiracy to possess with the intent to distribute approximately two kilograms of cocaine; and charging in Count 2, with possession with the intent to distribute approximately two kilograms of cocaine.

This indictment is the result of an investigation by the Federal Bureau of Investigation, Ohio HIDTA, and the Cuyahoga County Sheriff’s Department into drug trafficking activities occurring in the greater Cleveland area and elsewhere. This case is being prosecuted by Assistant United States Attorneys Teresa Dirksen and Matthew Shephard.

If convicted, the defendants' sentences will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal records, if any, their 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.

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

A two-count indictment was filed charging a Cleveland woman with crimes related to the misuse of more than $6,000 in federal financial aid, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Tanya Oliver, 28, is charged with one count each of mail fraud and student aid fraud.

Oliver enrolled at Lakeland Community College in Kirtland, Ohio. During the 2007-2008 school year, Oliver fraudulently caused more than $6,000 in federal financial aid to be provided to Lakeland for the purposes of funding her education. Those monies were the basis for providing refunds to Oliver in the amount of $5,174.95, according to the indictment.

Oliver obtained the funds for the purpose of using the monies for her own personal use, according to the indictment.

This case is being prosecuted by Assistant U.S. Attorney Christos M. Georgalis following an investigation by the U.S. Department of Education, Office of Inspector General.

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

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

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

A former City of Cleveland employee was indicted on charges of Hobbs Act extortion for attempting to extort bribes from three companies in connection with his employment as a contract compliance officer, 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.

Lejon C. Woods, age 29, of Cleveland, is charged with three counts of extortion under color of official right.

“The businesses solicited by Woods were not involved in any type of illegal conduct,” Dettelbach said. “To the contrary, these companies should be commended because they came forward and contacted law enforcement when Woods made his bribe solicitations.”

The indictment charges that Woods, while acting in his capacity as a contract compliance officer with the City of Cleveland, solicited bribes from representatives of three local businesses, one of which was a nonprofit business, in connection with fines which were going to be imposed for non-compliance of contract requirements. 

The conduct took place from May 18, 2010, through August 5, 2010, according to the indictment.

When City of Cleveland funds are used to pay for any part of a construction or rehabilitation project, the company involved in the project is subject to City of Cleveland, Office of Contract Compliance regulations relating to the hiring of certain percentages of minority business enterprises, disadvantaged business enterprises and city resident workers, according to the indictment. 

The indictment alleges that at various times, Woods told representatives of the three companies that in exchange for a cash payment, Woods would alter records with the City of Cleveland to reflect compliance.
Woods obtained or attempted to obtain cash payments of $2,800, $3,000 and $1,200 from the respective companies, according to the indictment.      

The indictment is a result of an investigation conducted by the Federal Bureau of Investigation with assistance from the Cleveland Division of Police, Intelligence Unit. This case is being prosecuted by Assistant United States Attorney Henry F. DeBaggis.

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

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

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

A grand jury returned a two-count indictment charging Divna Maslenjak, 50, with naturalization fraud and misuse of evidence of naturalization, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment alleges that Maslenjak, while a citizen of Bosnia Herzegovina, made material false statements in her application and interview for naturalization by failing to acknowledge she had lied to government officials when applying for her refugee status.

The indictment further alleges that Maslenjak used her unlawfully obtained naturalization as a basis for assisting her husband in securing his lawful permanent resident status based upon their marriage.

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

The case is being prosecuted by Assistant U.S. Attorneys Phillip J. Tripi and Margaret Sweeney, following investigation by agents of the U.S. Immigration and Customs Enforcement.

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

A federal grand jury returned a three-count indictment charging Mesawn Smith, aka "Butter", age 31, of Kent, Ohio, with distribution of crack cocaine and possession with intent to distribute crack cocaine, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment charges that on or about May 15 and May 25, 2012, Smith distributed less than 28 grams of crack cocaine. The indictment further charges that on or about November 2, 2012, Smith possessed with the intent to distribute more than 28 grams of crack cocaine.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentences 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 - Youngstown Field Office and the Akron Police Department. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.

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

A Canton man was sentenced to more than 14 years in prison after previously pleading guilty to eight bank robberies in Pennsylvania and Ohio, 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.

Benjamin G. Gates, age 34, was sentenced to 151 months in prison by U.S. District Judge James Gwin.

“This sentence should send a clear message to those who would think about robbing a bank,” Dettelbach said. Our law enforcement partners are to be commended for bringing an end to this wave of bank robberies.”

“This case reflects the valued partnership between the FBI’s Safe Streets Task Force and the citizens of Northern Ohio,” Anthony said. “Subsequent to the media’s rapid release of key information, the public provided invaluable leads resulting in the arrest of Benjamin Gates.”

The 2012 robberies Gates pleaded guilty to are as follows:

June 13: Citizens Bank, Pittsburgh.

June 25: Citizens Bank, Erie, Penn.

July 2: U.S. Bank, Canton, Ohio.

July 20: U.S. Bank, Cuyahoga Falls, Ohio.

July 27: Huntington Bank, Liberty, Ohio.

Aug. 3: Huntington Bank, North Canton, Ohio

Aug. 16: U.S. Bank, Cuyahoga Falls, Ohio

The investigation preceding the indictment was conducted by the following agencies: Federal Bureau of Investigation, Mahoning County Sheriff’s Office, Stark County Sheriff’s Office, Canton Police Department, North Canton Police Department, Jackson Township Police Department, Liberty Township Police Department and the Cuyahoga Falls Police Department.

The matter was prosecuted by Assistant United States Attorney Linda H. Barr.

A grand jury returned a one-count indictment charging Gayle P. Braxton, 66, with theft of government property, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment alleges that Braxton stole and converted to her own use $121,734 in Social Security payments made to a deceased payee which were deposited into a joint bank account of the deceased payee and Braxton.

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 Phillip J. Tripi, following investigation by agents of the Social Security Administration Office of Inspector General.

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

A grand jury returned a seven-count indictment charging India N. Parker, 36, with several crimes related to the theft of more than $40,000 in government benefits.

Parker was indicted on two counts of theft of government property and five counts of making false statements. The indictment alleges that Parker stole and converted to her own use, $40,236 in Social Security payments made to a deceased payee and $1,393 in food stamp benefits.

The indictment further alleges that Parker made false statements to agency representatives by stating that her daughter had been living with her when, in fact, Parker knew that her daughter was deceased during the relevant time frames.

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 Phillip J. Tripi, following investigation by agents of the Social Security Administration Office of Inspector General.

A federal grand jury returned an indictment charging two Ohio men and a Youngstown-based company each with one count of violating the Clean Water Act, said Steven M. Dettelbach, the United States Attorney for the Northern District of Ohio.

Benedict W. Lupo, 62, of Poland, Ohio, Michael L. Guesman, 34, of Cortland, Ohio, and Hardrock Excavating LLC are each accused of illegally discharging brine and oil-based drilling mud into a stormwater drain on numerous occasions. The drain flowed into an unnamed tributary of the Mahoning River and ultimately into the Mahoning River, according to the indictment.

The conduct took place between Nov. 1, 2012 and Jan. 31, 2013, according to the indictment.
“Clean, fresh water is our greatest resource in Northern Ohio,” Dettelbach said said “We will aggressively investigate and prosecute cases in which people pollute Ohio’s streams, rivers and lakes.”

“We will continue to assist in the federal prosecution of this case but we will also pursue with the Ohio Department of Natural Resources any other violations of Ohio’s environmental protection laws,” said Ohio Attorney General Mike DeWine. “This case is a reminder that we should look at making state law equal to federal law when it comes to protecting the waters of Ohio.”

ODNR Director Jim Zehringer said: “As an agency that focuses strongly on protecting Ohio’s natural resources, ODNR takes illegal dumping of oilfield waste into Ohio waters very seriously, and this type of action will not be tolerated. We will continue to work with our local, state and federal partners to take swift and severe action when someone willingly–and with malice–decides that their private interests outweigh the rules and laws that serve the public and keep our environment safe.”

“This incident is very disappointing and one of a small percentage of egregious environmental violations we see at Ohio EPA that must be prosecuted criminally,” Ohio EPA Director Scott Nally said. “In this particular case, the evidence suggests multiple instances of deceptive and illegal conduct, without regard to human health and the environment. This general disregard for the law will not be tolerated in Ohio and we will work with our partners at the local, state and federal agencies to make sure the responsible parties are held accountable. ” 

“As the nation increases its use of natural gas, exploration companies must ensure that the waste water resulting from the drilling process is treated and disposed of safely and legally,” said Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “These defendants are alleged to have knowingly and repeatedly discharged stored brine and oil-based drilling mud into a stormwater drain which ultimately flowed into the Mahoning River. This case demonstrates that if companies and their senior managers try to save money by circumventing environmental laws, they will be vigorously prosecuted.”

According to the indictment and related court documents:

Hardrock Excavating LLC is owned by Lupo and located at 2761 Salt Springs Road in Youngstown. The company provides services to the oil and gas industry in Ohio and Pennsylvania, including the storage of brine and oil-based drilling mud. There are approximately 58 mobile storage tanks at the facility and each holds approximately 20,000 gallons.

Lupo, who owns Hardrock, directed employee Guesman to empty some of the waste liquid stored at the facility into a nearby wastewater drain on or about Nov. 1, 2012, according to the indictment.

Lupo directed Guesman to conduct this activity only after no one else was at the facility and only after dark, according to the indictment.

Guesman, at the direction of Lupo, emptied some of the waste liquid at the facility into the nearby stormwater drain using a hose on numerous occasions over the next several months, according to the indictment.

The last time Guesman emptied some of the waste liquid into the drain was on or about Jan. 31, 2013. The waste liquid that night included a mixture of brine and oil-based drilling mud. A sample of the discharge taken that night was black in color and a subsequent analysis showed the presence of several hazardous pollutants, including benzene and toluene, according to the indictment.

This case is being prosecuted by Special Assistant U.S. Attorney Brad Beeson following an investigation by the Ohio EPA, Ohio Department of Natural Resources, U.S. EPA, the Ohio Bureau of Criminal Investigation, the Youngstown Department of Public Works and the Youngstown Fire Department.

The statutory maximum for violating the Clean Water Act is 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 statutory maximum 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 only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Three Cleveland residents are accused of taking part in a conspiracy to defrauded Giant Eagle's payroll account out of approximately $80,000, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Paris Dixon age 28, was indicted on one count of conspiracy to commit wire fraud, seven counts of wire fraud, one count of credit card fraud, and one count of aggravated identity theft.

Sierra Hodges, age 27, was indicted one count of conspiracy to commit wire fraud, six counts of wire fraud, two counts of credit card fraud and one count of aggravated identity theft.

Linda Howard, age 25, was indicted on one count of conspiracy to commit Wire Fraud, three counts of Wire Fraud, and one count of Credit Card Fraud.

The indictment charges that from as early as November 8, 2008, until on or about August 11, 2010, Paris Dixon, Sierra Hodges, and Linda Howard devised a scheme to defraud Giant Eagle by accessing Giant Eagle Corporation’s employee payroll account without authority.

The indictment charges that the defendants made wire transfer charges on this account to pay for various goods and services for themselves or for family members or friends totaling approximately $80,000.

The indictment charges that from January 13, 2009, and on or about February 12, 2010, Paris Dixon with the intent to defraud, used one or more unauthorized access devices during a one year period, and by such conduct obtained anything of value aggregating $1,000 or more during that period.

The indictment charges that from December 9, 2008, until on or about December 14, 2009, Paris Dixon, during and in relation to the illegal use of access devices, knowingly used, without lawful authority, a means of identification of one or more other persons, knowing that said means of identification belonged to another person.

The indictment charges that from November, 2008, until December, 2009, Linda Howard, with the intent to defraud, used one or more unauthorized access devices during a one year period, and by such conduct obtained anything of value aggregating $1,000 or more during that period.

The indictment charges that from January 13, 2009, and on or about August 11, 2010, Sierra Hodges with the intent to defraud, used one or more unauthorized access devices during a one year period, and by such conduct obtained anything of value aggregating $1,000 or more during that period.

The indictment charges that from January 13, 2009, and on or about August 11, 2010, Sierra Hodges, during and in relation to illegal use of access devices, knowingly used, without lawful authority, a means of identification of one or more other persons, knowing that said means of identification belonged to another person.

If convicted, the defendants’ sentences will be determined by the court after review of factors unique to the case, including the defendants’ prior criminal records, if any, the defendants’ role(s) 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 presented by Assistant United States Attorney Gregory C. Sassé after an investigation by the United States Postal Inspection Service.

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

A federal grand jury has returned an indictment charging William Smith, age 20, of Erie, Pennsylvania, with one count of passing counterfeit currency, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment charges that on July 14, 2012, William D. Smith passed counterfeit currency at a Burger King restaurant in Middleburg Heights, Ohio.

If convicted, the defendant’s sentence will be determined by the Court after 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.

The case is being prosecuted by Assistant United States Attorney Gregory C. Sassé after an investigation by the United States Secret Service.

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

A federal grand jury sitting returned a one-count indictment charging Reginald G. Davis, age 61, of Detroit, Michigan, with possession with the intent to distribute heroin, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment charges that on or about February 6, 2013, Reginald G. Davis possessed with the intent to distribute more than 100 grams of heroin.

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 sentences 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 - Youngstown Resident Office. 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.

Five Cleveland men were indicted on charges of being felons in possession of a firearm or ammunition, said U.S. Attorney Steven M. Dettelbach.

The cases are unrelated. Those indicted are: Kevin M. Bembry, age 28; Alfred Jones, Jr., age 31; Vincent Pickett, age 26; Allen L. Tyes, age 33, and Richard Warren, age 47.

“This office places a high priority on keeping firearms out of the hands of those who are forbidden by law from obtaining them,” Dettelbach said. “Whether it is a person who uses a gun to commit a violent crime, a felon illegally obtaining a firearm or a straw purchaser trying to circumvent the law, we will aggressively pursue those who would violate our nation’s firearms laws.”

Bembry possessed a .357-caliber revolver on Jan. 24 despite a previous conviction for attempted felonious assault, according to the indictment.

Jones possessed a .380-caliber pistol and nine rounds of ammunition on Jan. 15, despite previous convictions for drug trafficking and involuntary manslaughter, according to the indictment.

Pickett possessed a 12-gauge shotgun shell on Feb. 13, despite previous convictions for aggravated robbery with a firearms specification and aggravated burglary with a firearms specification, according to the indictment.

Tyes possessed a .45-caliber pistol and ammunition on Feb. 11, despite previous convictions for attempted felonious assault and being a felon in possession of a firearm, according to the indictment.
Warren possessed a .45-caliber revolver and ammunition on Jan. 8, despite previous convictions for aggravated robbery, felonious assault and aggravated burglary, according to the indictment.

These cases are being prosecuted by Assistant United States Attorney Kelly L. Galvin following investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cleveland Division of Police, East Cleveland Police, the Cuyahoga Metropolitan Housing Authority Police and the Ohio Adult Parole Authority.

A Canton man was indicted on three counts related to the distribution of Oxycodone, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Christos Karasarides, age 47, was charged with possession with the intent to distribute approximately 40 grams (141 pills) of Oxycodone; possession of Oxycodone and using and maintaining a residence in Canton, Ohio, for the purposes of distributing and using Oxycodone.

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

The investigation preceding the indictment was conducted by the United States Secret Service. The case is being prosecuted by Assistant United States Attorney Samuel A. Yannucci.

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

A grand jury returned a one-count indictment charging Victor A. Fields, 57, with theft of government property, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment alleges that Fields, of Cleveland, stole and converted to his own use $25,958 in Social Security payments made to a deceased payee.

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 Phillip J. Tripi, following investigation by agents of the Social Security Administration Office of Inspector General.

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

A criminal information was filed against Pedro Barrios-Hernandez, aka Faraon Castillo-Hernandez, age 38, of Mexico, charging him with unlawful reentry into the United States on February 10, 2013, 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 Border Patrol, Port Clinton, Ohio.  The case is being handled by Assistant United States Attorney Alissa M. Sterling.

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.

A grand jury returned a one-count indictment charging Luis Manuel Diaz-Quintero, 24, with illegally reentering the United States following his deportation, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment alleges that Diaz-Quintero is an alien who was previously removed or deported from the United States on February 2, 2010, after having been previously convicted of one or more felonies.

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 Phillip J. Tripi, following investigation by agents of the U.S. Immigration and Customs Enforcement.

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

A Toledo woman was sentenced to two years in prison and ordered to pay $505,777 in restitution after previously admitting to stealing from Gesu Parish in Toledo, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Patricia Stanz, 61, was also sentenced to two years of supervised release by U.S. District Judge James Carr.

“This person abused the trust of her employer and the entire congregation,” Dettelbach said. “This sentence should send a message to those who would abuse the trust of friends, relatives or coworkers to enrich themselves.”

Stanz pleaded guilty last year to one count each of counterfeit securities and fraudulent use of a an access device (credit card).

From August 2007 to August 2011, Stanz was the business manager for the Gesu Parish, Toledo, Ohio, according to court documents.

She created and signed – without authorization – nearly 100 checks totaling approximately $295,000 from the Gesu Parish checking account with the intent to deceive the Fifth Third Bank. She also fraudulently used a credit card issued to Gesu Parish obtaining approximately $230,000 in cash advances and purchases, according to court documents.

This case was investigated by the Federal Bureau of Investigation and handled by Assistant United States Attorney Thomas A. Karol.

Nicholas J. Henry, age 29, of Sheffield, Ohio, was sentenced today to 18 months in prison and ordered to pay restitution in the amount of $220,532.64 as a result of his recent conviction for wire fraud, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Henry was also ordered to serve a three year period of supervised release following his release from prison and was ordered to pay a $100 special assessment to the Crime Victims’ Fund.

On May 22, 2012, a federal grand jury in Cleveland, Ohio, returned an indictment which charged that from on or about January 1, 2005, through on or about October 15, 2009, Henry knowingly devised a scheme and artifice to defraud, and to obtain money and property by means of false and fraudulent pretenses, representations and promises, and that in executing said scheme and artifice, knowingly caused funds to be transmitted from the victims to Henry by means of interstate wire communications. Henry entered a guilty plea to wire fraud on October 23, 2012.

Henry advertised the sale of certain All Terrain Vehicles (“ATVs”) and scooters via an Internet website, and used the business names “China Vehicle Company LTD” and “Scooter Direct.” China Vehicle Company LTD., and Scooter Direct were not incorporated entities with the Ohio Secretary of State’s Office and were not registered as limited liability companies in Ohio. Henry targeted his solicitations primarily towards automobile dealerships throughout the United States, offering to sell vehicles such as ATVs and scooters manufactured in China at a “discounted” price, for resale to the public, according to court documents.

Henry directed the customers to make full or partial payments for the ATVs and scooters by sending wire transfers of funds to his personal bank accounts. Henry would immediately take his full commission upon receiving payment from the automobile dealerships, and prior to receiving the shipment of ATVs and scooters from China, according to court documents.

Despite receiving payment and taking his commission for the transactions, Henry failed to provide ATVs and scooters to the automobile dealerships as agreed. Instead, Henry made repeated excuses to some dealerships for his failure to deliver the merchandise as agreed, and eventually failed to respond to inquiries and complaints from the customers. Despite his inability to deliver ATVs and scooters to the dealerships as promised, Henry nonetheless continued advertising, soliciting additional sales, and entering into sales contracts with additional dealerships throughout the period covered in the indictment.

Between January 1, 2005, and October 15, 2009, Henry received at least 36 wire transfers of funds from the dealerships as payment for ATVs and scooters which HENRY negotiated on behalf of the “China Vehicle Company LTD.,” totaling over $266,000. Henry failed to refund or return payments received for merchandise not delivered to the victim dealerships, but rather took a 20-25 percent commission immediately upon receipt of the payments. Henry later withdrew, spent and converted to his own use, the funds from the wire transfers initiated by the dealerships totaling over $143,000, according to court documents.

Between September 25, 2008, and October 15, 2009, Henry received wire transfers for “new” orders from victim dealerships totaling approximately $79,644. During this time, Henry made no attempt to secure scooters from China and made no payments to the manufacturer. Instead, Henry used the funds received from the victims to pay personal bills and expenses including rent, car payments, utilities and other personal expenses, according to court documents.

This case was prosecuted by Assistant United States Attorneys Carol M. Skutnik and Robert W. Kern. The case was investigated by the Elyria Office of the Federal Bureau of Investigation.

John W. Hufgard was sentenced to 18 months of incarceration and ordered to pay restitution of $397,659, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Hufgard, age 59, of Bath Township, was also sentenced to two years of supervised release by U.S. District Judge Patricia A. Gaughan.

Hufgard pleaded guiltt to three counts of income tax evasion (for the 2007, 2008 and 2009 income tax years) on November 26, 2012.

Hufgard was the sole proprietor of Universal Service and Repair, Limited. Hufgard sold manufacturing racks to metal scrap dealers, and failed to report the proceeds on his federal income tax returns. Hufgard concealed his scheme by selling racks for cash, by depositing business income into his personal account, business income diverted into his personal account, and falsely recording business income as short term loans from himself, according to court documents.

He also tried to conceal his scheme by moving large amounts of scrapped metal racks, long distances, to scrap dealers who were willing to pay him in cash rather than using unknown dealers who might pay by check, according to court documents.

Through this scheme, Hufgard evaded approximately $397,659 in federal taxes.

This case is being prosecuted by Special Assistant United States Attorney Perry D. Mastrocola, following an investigation by the Internal Revenue Service Criminal Investigation Division.

A criminal information was filed in United States District Court charging Amber Mohan and Michelle Snyder with interfering with and intimidating an individual’s right to enjoy housing because of that individual’s race, religion, and national origin, 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.

Mohan, 27, resides in Cleveland, while Snyder, 33, resides in Cuyahoga Falls, Ohio, according to public records. They are accused of violating Title 42, United States Code, Section 3631.

“In this country, people are free to live where they want, free from harassment and threats,” Dettelbach said. “Those who have not gotten the message and break the law will be prosecuted.”

“As evidenced by this investigation, the FBI aggressively and thoroughly pursues all allegations of civil rights violations. The actions outlined in the charges are simply unacceptable and no one should be subjected to these types of threats and intimidation.”

The information, along with evidence available to the United States Attorney’s Office, reflects that on or about December 1, 2009, Mohan, Snyder and one other individual already charged, planned and carried out the hanging of a toy camel from a noose, and affixed that to the door of an individual, identified in the Information as A.F.A., who is of Arabic descent and a Muslim.

The crime occurred at A.F.A.’s apartment at the Stonebridge Apartments, located at 1500 Detroit Ave. in Cleveland. A.F.A. was selected as a target of Mohan and Snyder’s conduct because of A.F.A.’s race, religion, and national origin, according to the information.

The charge against Mohan and Snyder carries maximum penalties of up to one year in prison, a fine of $100,000, and up to one year of supervised release. If convicted, the defendant’s sentence will be determined by the court after review of factors unique to each 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 James V. Moroney, following an investigation by the Civil Rights Unit 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.

Two people pleaded guilty to malicious destruction of federally-licensed communications lines related to the theft of copper from four local radio towers, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

“These defendants admitted to breaking into and seriously damaging radio towers,” Dettelbach said. “We will continue to protect the infrastructure in our region.”

Thomas M. Carbone, 28, of North Royalton, and Katie M. Stanton, 23, of Cleveland, are scheduled to be sentenced on April 30.

On or about August 17 to 18, 2012, Carbone and Stanton unlawfully entered the property of Radio One on Ridge Road in North Royalton, Ohio, and willfully and maliciously destroyed and removed copper material from four radio-station towers situated on the property, according to court documents.

This unlawful removal of copper depleted the signal strength of the supported radio station, thereby impeding the station’s ability to broadcast emergency messages, according to court documents.

Emergency repairs cost nearly $11,000 while permanent repairs will cost an estimated $125,000, although specific figures are still being calculated, according to court documents.

This case is being prosecuted by Assistant United States Attorneys Thomas E. Getz and M. Kendra Klump. The case was investigated by the Federal Bureau of Investigation and the North Royalton Police Department.

A federal grand jury returned a one-count indictment charging Alexander D. Love, age 21, of Massillon, Ohio, with bank robbery, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment charges that on January 10, 2013, Love robbed the Charter One Bank located at 54 Federal Avenue, NE, Massillon, 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. The sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The matter was investigated by the Massillon Police Department and the Federal Bureau of Investigation’s Canton Office. The case is being prosecuted by Trial Attorney Kevin Culum.

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

A federal grand jury has returned an indictment charging Natividad Mundo, age 51, formerly of Elyria, Ohio, with illegally reentering the United States following her deportation, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment alleges that on April 17, 2012, Natividad Mundo was removed and deported from the United States following convictions for aggravated trafficking in cocaine and conspiracy to commit aggravated trafficking in cocaine. The indictment alleges Mundo subsequently illegally re-entered the United States and was found in Lorain County.

If convicted, the defendant’s sentence will be determined by the Court after 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.

The case is being presented by Assistant United States Attorney Gregory C. Sassé after an investigation by the United States Border Patrol.

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

A federal grand jury sitting returned a two-count indictment charging Joshua Papai, age 44, of Cuyahoga Falls, Ohio, with one count of theft of public money, and one count of identity theft, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment charges that between December 31, 2008, and April 30, 2010, Papai received approximately $61,129.40 in disability benefits from the Department of Veteran’s Affairs, to which he was not entitled. During this period, the indictment alleges that Papai worked at various times as a snow plower, roofer, home health care aid, and state-tested nursing assistant throughout that time period.

The indictment also charges that on August 4, 2008, Papai used another person’s Social Security account number to open a bank account in a fictitious name. Joshua Papai used this account to hide employment earnings to which he was not entitled because he was receiving disability.

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

This case is being prosecuted by Trial Attorney Ian D. Hoffman following an investigation by the Department of Veteran’s Affairs, Office of the Inspector General.

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

A Poland, Ohio, man was charged in federal court with one count of violating the Clean Water Act, said Steven M. Dettelbach, the United States Attorney for the Northern District of Ohio.

Ben Lupo, 62, is accused of directing an employee to illegally discharge brine and oil-based drilling mud into a stormwater drain which flowed into an unnamed tributary of the Mahoning River and ultimately into the Mahoning River near Youngstown.

The conduct took place on Jan. 31, 2013, according to an affidavit filed in U.S. District Court.

“Those of us from Northeast Ohio know the legacy of dumping industrial waste into our waterways,” Dettelbach said. “Whether our water flows south to the Ohio River or north to the Great Lakes, protecting and preserving clean and safe water remains a major priority of the my office and the Department of Justice.”

ODNR Director Jim Zehringer said: “This charge should serve as a warning to anyone that places their personal interests ahead of the public’s safety. ODNR will continue to aggressively pursue and seek prosecution of any business or individual that blatantly disregards the laws we have in place to protect Ohio’s communities and natural resources.”

“Knowingly polluting the waters of our state is a violation of the Clean Water Act and we will pursue criminal prosecution of these illegal actions to make sure we are able to protect the health and safety of the public,” Ohio EPA Director Scott Nally said. “Ohio EPA and our state partners will not tolerate the flagrant violation of Ohio’s environmental laws and companies who violate these lawsare jeopardizing their ability to conduct business in the state and will be held accountable.”

Ohio Attorney General Mike DeWine said: “Ohio’s waters must be protected, for the health and safety of its citizens and the state’s wildlife. We will not only assist with the federal water pollution prosecution in this case, we will also be working closely with the Ohio Department of Natural Resources to fully address all of the other violations through civil or criminal enforcement.”

“As the nation increases its use of natural gas, exploration companies must ensure that the waste water resulting from the drilling process is treated and disposed of safely and legally,” said Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “The defendant is alleged to have knowingly and repeatedly directed the discharge of stored brine and oil-based drilling mud into a stormwater drain which ultimately flowed into the Mahoning River. This case demonstrates that if companies and their senior managers try to save money by circumventing environmental laws, they will be vigorously prosecuted.”

According to an affidavit filed in federal court:

Hardrock Excavating LLC is owned by Lupo and located at 2761 Salt Springs Road in Youngstown. The company provides services to the oil and gas industry in Ohio and Pennsylvania, including the storage of brine and oil-based drilling mud. There are approximately 58 mobile storage tanks at the facility and each holds approximately 20,000 gallons.

The Ohio Department of Natural Resources received a call from an anonymous person who stated that on the night of Jan. 31, 2013, someone would be illegally discharging wastewater from the Hardrock facility.

Ohio DNR inspectors arrived and found a hose, connected to a storage tank, discharging wastewater into a stormwater drain at the facility. Inspectors took a sample of the wastewater, which was black in color.

Ohio EPA personnel arrived at the facility on Feb. 1 and found that the unnamed tributary had puddles of oil throughout its length, from where the stormwater drained to the Mahoning River, approximately one mile away. Oil and an oily sheen were also visible in the Mahoning River.

That day, an EPA representative spoke with Lupo about the discharge into the storm drain. Lupo admitted he directed a Hardrock employee to discharge the contents of the storage drain into the stormwater drain, and further admitted that he directed discharge from a storage tank a total of six times, according to the affidavit.

Lupo later told EPA and DNR personnel that he directed a Hardrock employee to drain storage tanks at Hardrock into the nearby stormwater drain six times over the previous six months, and that Lupo was the one who “gave the word” for the storage tanks to be discharged, according to the affidavit.

On Feb. 12, a Hardrock employee stated that the discharges began in November 2012 at the direction of Lupo and that the employee was aware of at least 20 discharges into the stormwater drain. The employee further stated that Lupo directed the employee , if questioned by authorities, to state that the discharges were limited to a total of four to six times , according to the affidavit.

This case is being prosecuted by Special Assistant U.S. Attorney Brad Beeson following an investigation by the Ohio EPA, Ohio Department of Natural Resources, U.S. EPA, the Ohio Bureau of Criminal Investigation, the Youngstown Department of Public Works and the Youngstown Fire Department.

The statutory maximum for violating the Clean Water Act is three years in prison, a $250,000 fine and one year of supervised release.

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.

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

A federal grand jury returned a 31-count indictment charging a Brian D. Krantz with crimes related to filing income tax refunds totaling more than $8.8 million, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Darryl Williams, IRS-Criminal Investigation Special Agent in Charge.

Krantz is 45 and resides in Twinsburg, Ohio, according to court records. He was indicted on one count of conspiring to make false claims against the United States and 30 counts of making false claims for income tax refunds totaling approximately $8,825,147, according to the indictment.

The U.S. Treasury issued 17 refund checks totaling approximately $3,615,586 payable to Krantz and various corporations controlled by Krantz as a result of the alleged scheme, according to the indictment.

“This defendant is accused of violating tax laws to enrich himself,” Dettelbach said. “Those individuals who engage in this type of financial fraud should know they will not go undetected and will be brought to justice.”

Williams added: “Today’s indictment proves that stealing from the government is a serious crime. It sends an important message to America’s taxpayers who play by the rules that we have no tolerance for those who make up their own rules.”

The indictment names Bryan D. McCallum as Krantz’s co-conspirator. McCallum previously pleaded guilty to a two-count information charging him with the false claims conspiracy and with making the same 30 false claims.

During the years charged in the indictment, Krantz owned and controlled two corporations engaged in financial services and/or real estate investment business activities, in which he employed McCallum as an accountant / bookkeeper.

The indictment charges that from approximately April 2009 through June 8, 2010, Krantz and McCallum conspired to make false claims for tax refunds using income tax returns filed with the IRS in the names of Krantz, companies formed by Krantz and McCallum, and several “shelf” companies purchased by Krantz. A “shelf” company is a corporate or other formal non-operating business entity established for the purpose of being held for sale to another person.

The scheme involved the use of fake IRS Forms 2439, titled “Notice to Shareholder of Undistributed Long-Term Capital,” which is a form to be issued by a regulated investment company (RIC) or real estate investment trust (REIT) to report undistributed capital gains and taxes withheld from those gains on behalf of the shareholders. Under federal tax law, RICs and REITs are entities that are not taxed on their earnings but instead pass those earnings to their shareholders who, in turn, have the obligation to report those earnings and any resulting tax liabilities on the shareholders’ income tax returns. The returns filed pursuant to the conspiracy claimed substantial amounts of Form 2439 withholding credits, when, in fact, none of the companies listed on the forms were actually RICs or REITs or had any undistributed capital gains or withheld taxes.

According to the indictment, Krantz used more than $1 million of the refund proceeds to finance a real estate venture he established with other partners, known as Phoenix Ventures Partners LLC. Krantz and McCallum misled Krantz’s real estate partners to believe that a group of Colorada-based hard money lenders had provided the funds.

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 government’s case is being prosecuted by Assistant United States Attorneys John M. Siegel and Justin J. Roberts, following an investigation by the Internal Revenue Service, Criminal Investigation.

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

A superseding indictment was filed adding an additional charge of being a felon in possession against Raymone “Ramone” Clements, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Clements, 42, of Cleveland, was indicted last month on a charge of being a felon in possession of ammunition. Clements was found to have one round of .357-caliber ammunition and two rounds of .22-caliber ammunition on Dec. 20, 2012, despite previous convictions in the Cuyahoga County Court of Common Pleas for rape (2006), drug trafficking (2003) and aggravated robbery (1991), according to the indictment.

A second count has been added, charging that on or about Jan. 17, 2013, Clements had possession of a Rossi, Model Garrucha, .22-caliber Derringer, serial number 307228, despite the aforementioned convictions.

“This office places a high priority on keeping firearms and ammunition out of the hands of those who are forbidden by law from obtaining them,” Dettelbach said. “Whether is a person using a gun to commit a violent crime, a felon illegally obtaining ammunition or a straw purchaser trying to circumvent the law, we will aggressively pursue those who would violate our nation’s firearms laws.

"We will continue to work side by side with our federal, state, county and local law enforcement partners to make sure those individuals who illegally possess firearms and/or ammunition are held accountable for their actions,” said ATF Special Agent in Charge Robin Shoemaker, Columbus Field Division. 

The Unites States Attorney’s Office for the Northern District of Ohio filed 176 indictments for violations of federal firearms laws last year, with the average sentence being more than six years in prison.

This case is being prosecuted by Assistant U.S. Attorney Kelly L. Galvin following an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives and Cleveland Heights Police Department.

The charge carries a maximum penalty of 10 years in prison. If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal records, the defendant’s role in the offenses 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.

Sixteen people were sentenced to prison today for hate crimes arising out of a series of religiously-motivated assaults on practitioners of the Amish religion, announced Thomas E. Perez, the Assistant Attorney General for the Civil Rights Division; Steven M. Dettelbach, the U.S. Attorney for the Northern District of Ohio; and Stephen Anthony, Special Agent in Charge of the FBI – Cleveland Field Office.
           
The defendants all reside in Bergholz, Ohio, unless otherwise noted. Samuel Mullet, 67, received a 15 year sentence. Johnny S. Mullet, 39; Lester Mullet, 28, of Hammondsville, Ohio; Levi F. Miller, 54; and Eli M. Miller, 33, received seven year sentences. Daniel S. Mullet, 38; Lester Miller, 38; and Emanuel Schrock, 44, received five year sentences. Raymond Miller, 28, of Irondale, Ohio; and Linda Shrock, 45, both received two year sentences. Freeman Burkholder, 32, of Irondale; Anna Miller, 33; Elizabeth A. Miller, 38, of Irondale; Emma J. Miller, 38; Kathryn Miller, 23, of Irondale; and Lovina Miller, 33, all received a sentence of one year and one day.

A jury found the defendants guilty last September following a lengthy trial. The convictions stem from five separate assaults that occurred in four Ohio counties between September and November 2011.  In each assault, defendants forcibly removed beard and head hair from practitioners of the Amish faith with whom they had ongoing religious disputes. 

The manner in which Amish men wear their beards and Amish women wear their hair are symbols of their faith, according to trial testimony.      

Samuel Mullet Sr., Johnny S. Mullet, Daniel S. Mullet, Lester S. Mullet, Levi F. Miller, Eli M. Miller, Emanuel Shrock, Lester Miller, Raymond Miller, Freeman Burkholder, Anna Miller and Linda Shrock were convicted of conspiracy to violate Title 18, U.S. Code, Section 249, also known as the Matthew Shepard-James Byrd Hate Crimes Prevention Act, which prohibits any person from willfully causing bodily injury to any person, or attempting to do so by  use of a dangerous weapon, because of the actual or perceived religion of that person, and Title 18, United States Code, Section 1512, which prohibits obstruction of justice, including witness tampering and the destruction or concealment of evidence. 

The jury also convicted various groups of defendants with separate assaults, and Samuel Mullet Sr. and Lester Mullet with concealing or attempting to conceal various items of tangible evidence, including a camera and photographs of the attacks. 

Samuel Mullet Sr. is the Bishop of the Amish community in Bergholz, while the remaining defendants are all members of that community.  Mullet Sr. exerted control over the Bergholz community by taking the wives of other men into his home, and by overseeing various means of disciplining community members, including corporal punishment, according to trial testimony. 

            As a result of religious disputes with other members of the Ohio Amish community, the defendants planned and carried out a series of assaults on their perceived religious enemies.  The assaults involved the use of hired drivers, either by the defendants or the alleged victims, because practitioners of the Amish religion do not operate motor vehicles.  The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims, according to trial testimony.

            During each assault, the defendants restrained and held down the victims.  During some of the assaults, the defendants injured individuals who attempted to intervene to protect or rescue the victims.  Following the attacks, some of the defendants participated in discussions about concealing photographs and other evidence of the assaults, according to evidence presented at trial.

“From the time of its founding as a nation, the United States of America has always been a beacon for those who seek religious freedom,” said Assistant Attorney General Perez. “The Department of Justice and the Civil Rights Division will vigorously defend every American’s right to worship in the manner of their choosing, including the members of the defendants’ community. However, violent assaults are not a form of religious expression. The actions of the defendants were designed to terrorize the victims, desecrate sacred symbols of their faith, and interfere with their right to worship. These prosecutions reflect the fact that the Department of Justice will not tolerate religiously motivated violence.”

            “From day one, this case has been about the rule of law and defending the right of people to worship in peace. This was never about ‘haircuts.’ These were violent, religiously motivated home invasions that left the victims bloody, bruised and beaten,” said U.S. Attorney Dettlebach. “Our nation was founded on the bedrock principle that everyone is free to worship how they see fit. Violent attempts to attack this most basic freedom have no place in our country.”

            “This case is an excellent example of cooperation between the many law enforcement agencies that investigated these crimes, along with the prosecution team from the United States Attorney’s Office and the Department of Justice,” said FBI Special Agent in Charge Anthony. “The FBI is committed to investigating hate crimes, including those perpetrated against people motivated by bias toward religion as in this case, or other areas protected by our civil rights statutes.”

            This case was investigated by the Cleveland Division of the FBI and was prosecuted by Assistant U.S. Attorneys Thomas Getz and Bridget M. Brennan of the U.S. Attorney’s Office for the Northern District of Ohio and Deputy Chief Kristy Parker of the Civil Rights Division’s Criminal Section. The prosecutor’s and sheriff’s offices from Holmes, Carroll, Jefferson and Trumbull counties also provided significant assistance in the investigation and prosecution of this case.

Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that an indictment was filed against Matthew A. Butler, age 29, of Toledo, Ohio. The charges relate to receipt, distribution, and possession of child pornography between November 18, 2011 and June 27, 2012.

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 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.

Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that criminal charges were filed against two men accused in separate incidents of illegally re-entering the United States following deportation or removal.

An indictment alleges that on Jan. 5, 2013, Hector Sanchez-Soto, 47, formerly of Cleveland, was illegally present in the United States after previously being deported subsequent to a conviction for the commission of illegal re-entry following deportation or removal.

Another indictment alleges that on Jan. 7, 2013, Concepcion Quevedo-Rodriguez, age 44, of Guatemala, was illegally present in the United States after previously being deported subsequent to a conviction for the commission of illegal re-entry following deportation or removal.

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

The Sanchez-Soto case is being handled by Assistant United States Attorney Lauren Bell after investigation by United States Immigration and Customs Enforcement.

The Queved0-Rodriguez case is being handled by Assistant United States Attorney Alissa M. Sterling following an investigation by United States Border Patrol, Sandusky, Ohio.

If convicted, the defendant’s sentence will be determined by the Court after 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.

Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that an information was filed against Deldre L. Jordan, age 40, of Toledo, Ohio. The charge relates to theft of mail by a postal employee beginning on or about January 2012 and continuing to March 23, 2012.

If convicted, defendant’s sentence will be determined by the Court after review of factors unique to each 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 Office of Inspector General, United States Postal Service. The case is being handled by Assistant United States Attorney Angelita Cruz Bridges.

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

A Holland, Ohio, man was indicted on four tax counts related to his failure to claim more than $460,000 in taxable income, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Mohamed Tawfik, 41, was the president of several companies that operated gas stations and convenience stores in the Toledo area. Those companies included Moe’s of Ohio, Inc., MKSA South Inc., M. Khalid, Inc., M. Adla Sylvania, Inc. and Rocket Fuel of Toledo, Inc., according to the indictment.

Tawfik is charged is one count of failure to file a corporate tax return and three counts of tax evasion.

He failed to file a tax return for one of his businesses in 2006, according to the indictment.

For tax years 2007, 2008 and 2009, Tawfik underreported his income by approximately $460,000, resulting in unpaid taxes of approximately $150,000, according to the indictment.

This case is being prosecuted by Assistant United States Attorney Justin J. Roberts following an investigation by the Internal Revenue Service – Criminal Investigations. 

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

A Ravenna man was sentenced to 20 years in federal prison for being a felon in possession of firearms and ammunition and possessing with intent to distribute crack cocaine, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Darnell C. Butcher, 50, was previously found guilty of those crimes following a jury trail before U.S. District Judge Christopher Boyko.

"This defendant was a longtime scourge to the residents of Ravenna," Dettelbach said. "This sentence will make it easier for them to live, work and play in peace."

Butcher possessed a Tanfoglio Giuseppe, model GT32, .32 caliber pistol; a Ruger, model Mark II, .22 caliber pistol; an RG Industries, model RGI, .22 caliber pistol; and ammunition, on or about April 8, 2011, despite previous convictions for possession of cocaine and trafficking in cocaine, in the Court of Common Pleas of Portage County, Ohio.

On the same day, Butcher possessed with the intent to distribute approximately 12.1 grams of crack cocaine, according to court documents and testimony.

The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives - Youngstown Field Office, the Ravenna Police Department and the Metro SWAT Team. The matter was prosecuted by Assistant United States Attorneys Kelly Galvin and Chelsea Rice.

A federal grand jury returned an indictment charging Ernest Gaines, of Akron, with four counts related to the distribution of heroin and illegally having a firearm, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Gaines, 45, was charged with with one count of possession with intent to distribute 100 grams or more of heroin, one count of using and maintaining a premises for the purpose of manufacturing and distributing heroin, one count of being a felon in possession of firearms and ammunition, and one count of conspiracy to distribute and to possess with the intent to distribute heroin.

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 investigation was conducted under the U.S. Attorney’s Organized Crime Drug Enforcement Task Force, which is part of a national program that seeks to identify, investigate and prosecute significant drug trafficking enterprises by utilizing multiple investigative and prosecuted resources.

The investigation preceding the indictment was conducted by the Drug Enforcement Administration, the Akron Police Department Street Narcotics Uniformed Detail, and the Summit County High Intensity Drug Trafficking Area initiative. The case is being prosecuted by Assistant United States Attorney Samuel A. Yannucci.

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.