Southern District of Ohio

COLUMBUS, Ohio – The woman accused of shooting a Columbus police officer during a search warrant on Chelford Drive yesterday morning allegedly told her incarcerated son in a jail call that she would shoot anyone who entered her home, whether law enforcement or civilian.

 

According to an affidavit sworn-out this morning in support of the federal criminal complaint, Rita Gray, 68, told son Eric Gray in May 2019, “If you break any door in I’ma be standing in that hallway…I don’t care nothing about you hollerin’ police because a robber could be police.”

 

“I’ll be standing right there in that hallway ready to blast. I’ll stand right around my corner there and blast however many shots I got,” Rita Gray added.

 

The affidavit alleges that on May 28, 2020, Gray shot and seriously wounded 53-year-old Columbus Police Officer Russ Weiner while Weiner participated in executing a narcotics-related search warrant at Gray’s residence.

 

According to the court document, agents and officers knocked on the door of the residence and announced their presence. After the knock and announce went unanswered, agents and officers made entry into the residence. 

 

Upon entering the residence, law enforcement executing the warrant took on gunfire from Gray, who was present in the vicinity of an interior hallway. Gray was apprehended shortly thereafter, with two semiautomatic Glock manufactured pistols in close proximity.        

 

In January 2020, state and federal law enforcement began an investigation into suspected drug trafficking, including irregular financial activity that is suspected of being related to money laundering and narcotics trafficking, involving Eric Gray, among others. That investigation remains ongoing.

 

Rita Gray is charged with conspiring to possess with intent to distribute methamphetamine and oxycodone, possession with intent to distribute oxycodone, and discharging a firearm in furtherance of a drug trafficking crime. If convicted on all counts, she faces at least 20 years and up to life in prison. Gray will appear via videoconferencing today at 1:30pm for an initial appearance before U.S. Magistrate Judge Chelsey Vascura.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Columbus Police Chief Thomas Quinlan; Jonathan McPherson, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); Bryant Jackson, Special Agent in Charge, Internal Revenue Service – Criminal Investigation (IRS-CI); Ohio Attorney General Dave Yost’s Bureau of Criminal Investigation (BCI) and Franklin County Prosecutor Ron O’Brien announced the charges. Assistant United States Attorneys S. Courter Shimeall and Salvador Dominguez are representing the United States in this case.

 

A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.

 

# # #

COLUMBUS, Ohio – Altimate Care LLC has agreed to pay $175,000 to resolve claims that the company improperly billed government health insurance programs including Medicare and Ohio Medicaid for services the company provided between January 1, 2011 and December 31, 2018.

 

The settlement agreement between Altimate and the United States Department of Justice acting on behalf of the U.S. Department of Health and Human Services resolves allegations made in a complaint filed by a former company employee. The complaint alleged that Altimate violated the False Claims Act by billing federal healthcare programs for medically unnecessary nursing visits, billing for patients that were not homebound and manipulating patient records and records of nursing visits to justify false and fraudulent claims. The complaint alleges that the company’s former owners knew of and approved the activities.

 

Altimate agreed to pay the United States $175,000 of which $87,500 is restitution. The company also agreed to resolve a retaliation claim filed by the former employee.

 

“The company was sold in 2018 and the new owners worked quickly to resolve the complaint,” U.S. Attorney David M. DeVillers said. “We will continue to work with the HHS Inspector General as they investigate reports of fraud and abuse of federal health care programs.”

 

DeVillers urged anyone who suspects fraud against federal healthcare programs to call 1-800-447-8477 (1-800-HHS-TIPS).

 

Assistant U.S. Attorney Andrew Malek is representing the United States in the case.

 

# # #

DAYTON – Another member of the Atlanta-to-Dayton drug trafficking organization known as
“Diamond Cut” that is responsible for distributing large quantities of fentanyl and heroin in the Dayton area was sentenced in U.S. District Court today for selling opioids.

 

Levy Smith IV, 36, of Dayton, was sentenced to 72 months in prison. He is currently in custody and was sentenced via video conference from prison.

 

According to his plea agreement, on May 28, 2019, Smith sold 83 grams of fentanyl for $6,000 in cash.

 

In February 2019, investigators received information about the Diamond Cut drug organization distributing drugs from the Saint Clair Lofts located on South Saint Clair Street in Dayton. The co-conspirators were allegedly keeping large amounts of fentanyl, heroin and several firearms in an abandoned green Ford sedan in the parking lot behind the Lofts.

 

The co-conspirators allegedly moved their drug operations from the Saint Clair Lofts to North Upland Avenue in March 2019.

 

Drug stash houses were also maintained on Homesite Drive in Harrison Township and Kipling Drive and Belmont Park North in Dayton.

 

Others charged in this case include: James Easterling and Benjamin G. Vaughn. Easterling, who admitted to selling 112 grams of fentanyl and heroin in Montgomery County in exchange for several thousand dollars in cash, was sentenced last month to 60 months in prison.

 

Vaughn was sentenced in March 2020 to 60 months in prison.

 

Vaughn was a defendant in a 2008 drug trafficking case prosecuted by this office and involving several other individuals. In that case, Vaughn was sentenced to 151 months in federal prison.

 

In 2018, three other Diamond Cut associates were sentenced in federal court in Dayton for drug and gun crimes. Clarence Winn, Jr. – a Dayton rap artist known as “Chaos” – was sentenced to 108 months in prison. His relative, Larry Winn, was sentenced to 60 months in prison. Darrius J. Reynolds was sentenced to 18 months in prison.

 

Another five alleged Diamond Cut members were prosecuted federally after a 2012 arrest. They included: Brandon Lee “Ace” Smith, Quinton “Big Mike” Clemons, Leo “Butter” Boykins, Quinten “Q” Robinson and Marcus “Roscoe” Ross.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio, Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Vance Callender, Special Agent in Charge, Homeland Security Investigations (HSI); Montgomery County Sheriff Rob Streck and officials with the FBI’s Southern Ohio Safe Streets Task Force and Montgomery County Sheriff’s Office RANGE Task Force announced the sentence imposed by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorneys Brent G. Tabacchi and Elizabeth Rabe are representing the United States in this case.

 

# # #

COLUMBUS, Ohio – A Santa Maria, Calif. man was sentenced in federal court in Columbus today to spend the rest of his life in prison without the possibility of release.

 

Jose Bonilla-Mejia (a/k/a Espia), 31, participated in the 2015 murders of two men who were stabbed and beat to death and buried in shallow graves at Innis Park. Bonilla-Mejia also played a role in planning a 2016 murder at an apartment complex at Melroy Avenue and Kelburn Road in Columbus.

 

Namely, Bonilla-Mejia took part in the murders of Carlos Serrano-Ramos, Wilson Villeda and Salvador Martinez-Diaz.

 

Bonilla-Mejia pleaded guilty in August 2019 to participating in a racketeering conspiracy and two counts of murder in aid of racketeering.

 

The defendant is one of 23 individuals charged in a February 2018 second superseding indictment who are alleged to be members and associates of MS-13 in Columbus.

“This is a violent transnational criminal organization that victimizes the citizens of the United States and Central America,” U.S. Attorney David M. DeVillers said. “Mr. Bonilla-Mejia personally participated in the murders and mutilations of victims with the purpose of sending a message from MS-13. With this sentence, we are sending a message back.  Mr. Bonilla-Mejia and many of his coconspirators will die in prison.”

 

The defendants are charged in a racketeering conspiracy, which includes five murders as well as attempted murder, extortion, money laundering, drug trafficking, assault, obstruction of justice, witness intimidation, weapons offenses and immigration-related violations.

The second superseding indictment alleges that the defendants committed a host of overt acts in furtherance of the conspiracy, including: 1) the December 2006 murder of Jose Mendez, a suspected confidential informant, in Perry County; 2) the November 2008 murder of Ramon Ramos on Lockbourne Road in Columbus; 3) the mid-2015 murder of Carlos Serrano-Ramos, a suspected rival gang member, near Innis Road in Columbus; 4) the November 2015 murder of Wilson Villeda near Innis Road in Columbus; and 5) the December 2016 murder of Salvador Martinez-Diaz, a suspected rival gang member, on Melroy Avenue in Columbus.

The murders often involved defendants using weapons like machetes, knives and hammers to attack and beat their victims to death.

 

In March 2016, law enforcement officers arrested Bonilla-Mejia in Akron, Ohio in connection with an outstanding warrant issued in California. Shortly thereafter, he was transported to California and detained in the Santa Barbara County Jail before returning to Ohio to face his federal charges.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Rebecca Adducci, Detroit Field Office Director, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations; Franklin County Sheriff Dallas Baldwin; and Columbus Police Chief Thomas Quinlan announced the sentence imposed today by U.S. District Judge Edmund A. Sargus, Jr. U.S. Attorney DeVillers commended the assistance of Santa Barbara County District Attorney Joyce E. Dudley’s office.

 

Deputy Criminal Chief Brian J. Martinez and Assistant United States Attorney Noah R. Litton are representing the United States in this case.

 

 

# # #

 

COLUMBUS, Ohio – A Delaware Corporation headquartered in Irving, Texas has agreed to pay the United States nearly $1.4 million to settle a False Claims Act lawsuit filed in Cincinnati district court.

 

According to the settlement, Darling Ingredients Inc. underpaid rebates to the Army and Air Force Exchange Service (AAFES) for more than a decade. Darling denied any wrongdoing.

 

Darling is a global developer and producer of sustainable natural ingredients from edible and inedible bio-nutrients. Darling collects, and rebates its customers for, used cooking oil from its customers’ restaurants, food establishments and grocery stores, including food service establishments on United States Air Force and Army bases owned or operated by AAFES.

 

Darling (and its wholly owned subsidiary Griffin Industries, Inc.) had contracts with AAFES to collect used cooking oil from food establishments on military bases and provide AAFES with a rebate for the used cooking oil received from AAFES.

 

The complaint was filed on behalf of the United States, under the qui tam provisions of the False Claims Act, by a former employee of Darling. The complaint alleged that from at least 2008 until November 2019, Darling submitted inaccurate reports to AAFES in order to underpay per the terms they promised in their contract.

 

The complaint included conduct alleged at numerous government installations, facilities and military bases across the country, including Wright-Patterson Air Force Base and the VA Hospital in Cincinnati.

 

Darling has agreed to pay the United States $1.375 million, including $687,500 in restitution to AAFES.

 

“Parties that contract with the government are held to the letter of the contract,” U.S. Attorney David M. DeVillers said. “U.S. Supreme Court Justice Oliver Wendell Holmes, Jr. wrote in 1920 that ‘Men must turn square corners when they deal with the Government.’ That still rings true 100 years later. If you cut corners on your contractual obligations, you will pay.”

 

“The settlement announced today is the result of a joint effort by the U.S. Attorney’s Office, Southern District of Ohio, the Defense Criminal Investigative Service (DCIS), Air Force OSI and Army CID,” stated Special Agent-in-Charge Leigh-Alistair Barzey, DCIS Northeast Field Office.  “DCIS is committed to protecting the integrity of the defense procurement system by working with its law enforcement partners to identify and investigate companies that fail to meet their contractual obligations with the U.S. Department of Defense.”

 

“The collaboration between the Department of the Air Force, Office of Special Investigations, its investigative partners, and the U.S. Attorney's Office, Southern District of Ohio, to combat fraud and safeguard the integrity of the Department of Defense's acquisition process, was significant in this outcome,” said Special Agent-in-Charge Blair Holmstrand, Office of Investigations, Procurement Fraud Detachment 3, San Antonio. “As the executive investigative agency for AAFES, the Office of Special Investigations is dedicated to the identification and neutralization of fraud affecting AAFES and the impact such fraud has on AAFES's funding of quality-of-life improvement programs for the military service members and their families.”

 

Assistant United States Attorney Andrew M. Malek is representing the United States in this case.

 

# # #

CINCINNATI – A Cincinnati company has agreed to pay the United States $50,000 for illegally importing a listed chemical from China.

 

According to the settlement that was executed today, Frutarom is a manufacturer and developer of flavorings and ingredients that did business on Commerce Park Drive in Cincinnati. Frutarom is a wholly owned subsidiary of International Flavors & Fragrances, Inc.

 

As part of the Controlled Substances Act, the DEA regulates listed chemicals, including benzaldehyde, a chemical often used as almond flavoring and scent.

 

Frutarom imported more than 800 kilograms of the chemical from China without notifying the United States government, as required by the Controlled Substances Act.

 

The Cincinnati company has agreed to pay the government $50,000 to resolve the government’s potential claims for civil penalties.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio, and Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA) announced today’s settlement. Deputy Civil Chief Matthew Horwitz and Assistant United States Attorney Brandi Stewart are representing the United States in this case.

 

# # #

 

COLUMBUS, Ohio – A New Concord, Ohio man who traded child pornography and paid for underwear worn by minors was sentenced in U.S. District Court today to 120 months in prison and 10 years of supervised release.

 

John D. Lagle, 32, pleaded guilty in October 2019 to distributing and receiving child pornography.

 

According to court documents, in January 2019, Lagle began communicating via Kik with an undercover officer posing as the mother of minor daughters.

 

Lagle and the undercover officer talked for several months on Kik and Wicker. Throughout that communication, Lagle offered to pay the undercover officer for panties worn by the two fictitious daughters and for sexual activity with the two daughters.

 

On numerous occasions, Lagle sent the undercover officer child pornography he obtained online and pictures he took of minors’ pubic areas.

 

Investigators executed a search warrant at Lagle’s residence in August 2019, and discovered 50 to 100 images of child pornography on Lagle’s phone and approximately 60 to 70 pairs of children’s panties, including two pairs that the defendant purchased from the undercover officer.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Westerville Police Chief Charles Chandler and other members of the FBI’s Child Exploitation Task Force announced the sentence imposed today by Chief U.S. District Court Judge Algenon L. Marbley. Assistant United States Attorney Heather A. Hill is representing the United States in this case.

 

# # #

DAYTON – A Dayton man pleaded guilty via video conference in federal court today to shooting a United States Postal Service mail carrier.

 

Christopher O. Gibson, 47, admitted to using a firearm during a crime of violence, a crime punishable by a minimum of 10 years and up to life in prison.

 

Gibson shot the postal worker as the worker delivered mail near Gibson’s home on Arlene Avenue in Dayton.

 

According to court documents, on Jan. 3, Gibson fired at the letter carrier three times, striking him once in the leg.

 

The Dayton Police Department recovered video of the incident from a Ring doorbell camera located near the area of the shooting.

 

Gibson was charged by federal criminal complaint on Jan. 8 and indicted by a federal grand jury on Jan. 14. He remains in custody.

 

Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Tommy D. Coke, Inspector in Charge, United States Postal Inspection Service; and Dayton Police Chief Richard S. Biehl announced the charges. Assistant United States Attorney Brent G. Tabacchi is representing the United States in this case.

 

# # #

DAYTON – Kenneth J. Musgrave, 55, of Greenville, Ohio, was sentenced in U.S. District Court to 120 months in prison and 20 years of supervised release for possessing child pornography on his phone.

 

According to court documents, Musgrave is a registered sex offender and was convicted in 2000 on state charges of one count of rape of a minor under the age 13 and one count of gross sexual imposition of a minor under the age 13. He was sentenced to 15 years in state prison.

 

In October 2018, while on parole for those offenses, Musgrave’s parole officer conducted a lawful parole search of his smartphone. Musgrave possessed more than 200 files of child pornography on his Samsung phone.

 

Musgrave pleaded guilty to possession of child pornography in January 2020.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Vance Callender, Special Agent in Charge over Michigan and Ohio, Homeland Security Investigations (HSI); the Ohio Department of Rehabilitation and Corrections, Adult Parole Authority and Greenville Police Chief Steve Strick announced the sentence imposed Friday by Senior U.S. District Court Judge Thomas M. Rose. Assistant Deputy Criminal Chief Laura I. Clemmens is representing the United States in this case.

 

# # #

COLUMBUS, Ohio – One of six defendants in a Columbus-to-West Virginia methamphetamine ring pleaded guilty in U.S. District Court via video conference to a drug conspiracy crime punishable by 10 years up to life in prison.

 

Charlee Ann Blankenship, 32, of Columbus, pleaded guilty to conspiring to distribute more than 500 grams of methamphetamine.

 

According to court documents, in spring 2019, Columbus Division of Police officers received information from law enforcement in West Virginia that large amounts of methamphetamine were being transported from Columbus to be distributed in West Virginia.

 

Further investigation revealed Blankenship and five others were distributing large quantities of the drug and using various residences in Central Ohio to store and distribute the methamphetamine. Drug premises included residences on Rumsey Road, Lock Avenue and Esther Drive, among others.

 

Co-conspirators charged in this case include: Joseph Brian Howard, Timothy D. Copley, Samantha Howard, Darin T. Copeland and Marvin C. Bozeman, II.

 

Blankenship’s plea agreement details that she was responsible for Howard’s drug transactions while he was incarcerated for a post release control violation. While incarcerated, Howard regularly kept track of both quantities of drugs and cash as they were distributed and discussed them with Blankenship in jail calls. Howard also explained in jail calls who had past drug debts for Blankenship to collect.

 

In a June 14, 2019 jail call, Howard told Blankenship that Blankenship “did almost 10 yesterday” meaning $10,000 in drug sales.

 

Blankenship also began coordinating the transportation of 9 to 10-pound packages of methamphetamine from Las Vegas to Columbus for the group to distribute. When three such packages went missing in July 2019 within the postal system, Howard told Blankenship in a jail call he got the feeling that “I just lost $42,000.”

 

In October 2019, law enforcement executed a search warrant at Blankenship’s residence and discovered quantities of suspected heroin, crack and fentanyl, as well as a pink 9mm handgun.

 

Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Columbus Police Chief Thomas Quinlan announced the plea entered into yesterday before U.S. District Judge Edmund A. Sargus, Jr. Assistant United States Attorneys Kevin W. Kelley and Elizabeth Geraghty are representing the United States in this case.

 

# # #

CINCINNATI – An Anaheim, Calif. technology company was sentenced in U.S. District Court today and was ordered to pay nearly $1.7 million in restitution to federal and Ohio state programs it defrauded.

 

According to court documents, KPMD, Inc., through its contract with the Southwest Regional Medical Center in Georgetown, Ohio, defrauded a Medicaid program that was established as part of the 2009 American Recovery and Reinvestment Act.

 

As part of the Recovery Act, the Health Information Technology for Economic and Clinical Health Act (HITECH Act) established incentive payments to eligible hospitals for using certified electronic health records technology. Ohio also implemented a state incentive for hospitals, consistent with the federal HITECH Act.

 

In September 2011, KPMD entered into a contract with Southwest Regional Medical Center and agreed to implement the KPMD software program for electronic health records. KPMD agreed to implement the software program for electronic health records. In exchange, the hospital assigned its government incentive payments to KPMD. KPMD’s CEO later purchased the hospital.  

 

Thereafter, KPMD falsely attested to the federal and state medical incentive programs that Southwest Regional Medical Center emergency room had met the criteria for incentive payments, even as the hospital was in the process of closing down. As a result, payments totaling nearly $1.7 million was wired to KPMD.

 

As part of its plea, KPMD agreed to pay restitution in full, including nearly $1.3 million to Medicare and approximately $380,000 to Medicaid, prior to today’s sentencing. The restitution payments by KPMD have already been deposited with the Court.

 

The company was charged and pleaded guilty in December 2018 to two counts of filing a false claim.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; and Lamont Pugh III, Special Agent in Charge, United States Health and Human Services Office of Inspector General, announced the sentence imposed by U.S. District Court Judge Michael R. Barrett. Assistant Deputy Criminal Chief Timothy S. Mangan is representing the United States in this case.

 

 

# # #

COLUMBUS, Ohio – U.S. Attorney David M. DeVillers joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week.  This year’s observance takes place April 19-25 and features the theme, “Seek Justice | Ensure Victims' Rights | Inspire Hope.”

 

“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr.  “To these victims, we affirm our unwavering commitment to supporting them in their hour of need.  We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”

 

“I don’t think anyone can truly comprehend the feeling of helplessness that can accompany being a victim or the loved one of a victim of violent crime,” U.S. Attorney DeVillers said. “Over my years as a prosecutor, I came to realize that one of my most important jobs was to do my best to help give power back to those victims who felt they had none. The only way to do that is to give victims and their families a voice in the criminal justice system. This Victims’ Rights Week does just that.”

 

Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.

 

Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.

 

During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.

 

This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others. The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.

 

This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person.  During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims. The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services. Visit www.ovc.gov/gallery to learn more about past recipients.

 

For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.

 

# # #

“Kevin A. Kovacs, a former longtime Beavercreek police officer, was arrested this morning on federal charges of producing, distributing, receiving, transporting and possessing child pornography,” said U.S. Attorney David M. DeVillers. “Additionally, Kovacs is charged with tampering with a witness or informant.

 

Kovacs appeared in federal court at 1:30pm today and is scheduled to appear again at 1:30pm tomorrow for a detention hearing. This investigation remains ongoing. If you have any information related to this case, please contact the FBI at 513-421-4310 or the Fairborn Police Department at 937-343-8854.”

 

# # #

DAYTON – A Dayton man was sentenced in U.S. District Court today for selling opioids as part of an Atlanta-to-Dayton drug trafficking organization known as
“Diamond Cut” that is responsible for distributing large quantities of fentanyl and heroin in the Dayton area.

 

James Easterling, 36, was sentenced to 60 months in prison. He is currently in custody and was sentenced via video conference from prison.

 

According to his plea agreement, on June 13, 2019, Easterling sold approximately 112 grams of fentanyl and heroin in Montgomery County in exchange for several thousand dollars in cash.

 

In February 2019, investigators received information about the Diamond Cut drug organization distributing drugs from the Saint Clair Lofts located on South Saint Clair Street in Dayton. The co-conspirators were allegedly keeping large amounts of fentanyl, heroin and several firearms in an abandoned green Ford sedan in the parking lot behind the Lofts.

 

The co-conspirators allegedly moved their drug operations from the Saint Clair Lofts to North Upland Avenue in March 2019.

 

Drug stash houses were also maintained on Homesite Drive in Harrison Township and Kipling Drive and Belmont Park North in Dayton.

 

Others charged in this case include: Levy K. Smith IV and Benjamin G. Vaughn. Vaughn was sentenced in March 2020 to 60 months in prison. Smith has pleaded guilty and is scheduled to be sentenced on May 12.

 

Vaughn was a defendant in a 2008 drug trafficking case prosecuted by this office and involving several other individuals. In that case, Vaughn was sentenced to 151 months in federal prison.

 

In 2018, three other Diamond Cut associates were sentenced in federal court in Dayton for drug and gun crimes. Clarence Winn, Jr. – a Dayton rap artist known as “Chaos” – was sentenced to 108 months in prison. His relative, Larry Winn, was sentenced to 60 months in prison. Darrius J. Reynolds was sentenced to 18 months in prison.

 

Another five alleged Diamond Cut members were prosecuted federally after a 2012 arrest. They included: Brandon Lee “Ace” Smith, Quinton “Big Mike” Clemons, Leo “Butter” Boykins, Quinten “Q” Robinson and Marcus “Roscoe” Ross.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio, Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Vance Callender, Special Agent in Charge, Homeland Security Investigations (HSI); Montgomery County Sheriff Rob Streck and officials with the FBI’s Southern Ohio Safe Streets Task Force and Montgomery County Sheriff’s Office RANGE Task Force announced the sentence imposed by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorneys Brent G. Tabacchi and Elizabeth Rabe are representing the United States in this case.

# # #

South Korea-based company Jier Shin Korea Co. Ltd., and its president, Sang Joo Lee, have agreed to pay $2 million to the United States for civil antitrust and False Claims Act violations for their involvement in a bid-rigging conspiracy that targeted contracts to supply fuel to U.S. military bases in South Korea, the Department of Justice announced today. 

The United States previously reached civil settlements totaling over $205 million relating to the conspiracy with GS Caltex Corporation, Hanjin Transportation Co. Ltd., Hyundai Oilbank Co. Ltd., SK Energy Co. Ltd., and S-Oil Corporation.  As with the prior civil settlements, this settlement reflects the important role of both Section 4A of the Clayton Act and the False Claims Act to ensure that the United States is compensated when it is the victim of anticompetitive conduct. 

“Today’s settlement represents the final chapter of our efforts to use Section 4A of the Clayton Act to ensure that the companies involved in this conspiracy compensate American taxpayers for their anticompetitive activity,” said Assistant Attorney General Makan Delrahim of the Antitrust Division.  “Together, these are the largest Section 4A settlements in American history, and we will continue to use this important enforcement tool when taxpayers are harmed by cartels.”

“This is the sixth False Claims Act settlement arising from the bid rigging of contracts to supply fuel to U.S. military bases in South Korea,” said Assistant Attorney General Jody Hunt of the Civil Division.  “We will pursue and hold accountable those who seek to defraud the American taxpayers, including those who conspire with others to do so.”

“You will pay the price if you rig bids and especially if you target our military bases while doing so,” said U.S. Attorney David M. DeVillers for the Southern District of Ohio.  “Today’s settlement shows that we will not stop until we hold accountable all responsible parties.”

The Department’s Antitrust Division today filed a civil antitrust complaint in the U.S. District Court for the Southern District of Ohio and, at the same time, filed a proposed settlement that, if approved by the court, would resolve the lawsuit against Jier Shin Korea and Mr. Lee for their anticompetitive conduct targeting the U.S. military in South Korea.  The proposed settlement requires that Jier Shin Korea and Mr. Lee pay $2 million to the United States to resolve the civil antitrust violations.  In addition, Jier Shin Korea and Mr. Lee have agreed to continue to cooperate with the United States’ civil investigations and to abide by an antitrust compliance program.  The amount to be paid by Jier Shin Korea and Mr. Lee reflects the value of their cooperation, limitations on their ability to pay, and cost savings realized by avoiding extended litigation.  The settlement further provides that the United States, if it discovers any material misrepresentations in the financial statements provided by Jier Shin Korea and Mr. Lee regarding their ability to pay, may recover the full amount by which Jier Shin Korea or Mr. Lee understated that ability.

The payment will also resolve civil claims that the United States has under the False Claims Act against Jier Shin Korea and Mr. Lee for making false statements to the government in connection with their agreement not to compete.  The Civil Division has entered into a separate settlement agreement with Jier Shin Korea and Mr. Lee to resolve these claims.

The civil settlement was handled by the Antitrust Division’s Transportation, Energy, and Agriculture Section, by the Civil Division, and by the Civil Fraud Section of the United States Attorney’s Office in the Southern District of Ohio.

The United States’ civil investigation resulted from a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act.  Those provisions allow for private parties to sue on behalf of the United States and to share in any recovery.

The proposed civil antitrust settlement, along with the Antitrust Division’s competitive impact statement, will be published in the Federal Register, as required by the Antitrust Procedures and Penalties Act.  Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Robert Lepore, Chief, Transportation, Energy, and Agriculture Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8000, Washington, D.C. 20530.  At the conclusion of the 60-day comment period, the court may enter the civil antitrust settlement upon a finding that it serves the public interest.

Dear Hospital Executives:

            As the United States Attorney for the Southern District of Ohio, I am the chief federal law enforcement officer in approximately half of Ohio’s counties. My office’s primary responsibility is to enforce the laws of the United States on behalf of the citizens we serve.  In light of the COVID-19 pandemic, our office is prioritizing the deterrence, investigation, and prosecution of wrongdoing related to the coronavirus – including those engaged in hoarding and/or price-gouging with regard to critical medical supplies. These practices are not only morally repugnant in light of the pandemic we are facing, but also, if left unchecked, can inhibit hospitals, physicians and other health care professionals, governmental agencies, and the public from fully implementing measures designed to save lives and mitigate the spread of the novel coronavirus.

By Executive Order dated March 23, 2020, President Trump delegated to the Secretary of Health and Human Services (HHS) the authority to designate materials critical to our the fight against COVID-19 as “scarce” pursuant to the Defense Production Act of 1950. On March 25, 2020, the HHS Secretary designated 15 categories of health and medical supplies as “scarce,” thus triggering both criminal prohibitions and civil enforcement remedies that my office will aggressively enforce. These categories currently include:

• N-95 Filtering Facepiece Respirators;
• Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100);
• Elastomeric, air-purifying respirators and appropriate particulate filters/cartridges;
• Powered Air Purifying Respirator (PAPR);
• Portable Ventilators;
• Chloroquine phosphate or hydroxychloroquine HCl;
• Sterilization services for certain medical devices and certain sterilizers;
• Disinfecting devices and other sanitizing and disinfecting products suitable for use in a clinical setting;
• Medical gowns or apparel, e.g., surgical gowns or isolation gowns;
• Personal protective equipment (PPE) coveralls, e.g., Tyvek Suits;
• PPE face masks;
• PPE surgical masks;
• PPE face shields;
• PPE gloves or surgical gloves;
• Ventilators, anesthesia gas machines modified for use as ventilators, and positive pressure breathing devices modified for use as ventilators, ventilator tubing connectors, and ventilator accessories.
   

In this time of critical shortage, we are asking for your assistance in identifying individuals and companies that may have acquired vital medical supplies in excess of what they would reasonably use, or for the purpose of charging exorbitant prices. My office is committed to investigating and prosecuting any such incidents as well as any other fraudulent conduct designed to benefit from this pandemic (e.g., false treatments, tests, and/or vaccinations for COVID-19).  In furtherance of this goal, I have created a federal COVID-19 Task Force, led by Assistant United States Attorneys (AUSA) Peter Glenn-Applegate and Brenda Shoemaker, to investigate and prosecute these crimes.  If you have any information related to price-gouging and/or hoarding, I ask that you please contact AUSA Shoemaker at 614-255-1588. If you have information related to coronavirus fraud, I ask that you please contact AUSA Glenn-Applegate at 614-255-1604.

With help from institutions like yours, the Department of Justice is using every available measure to ensure that these scarce materials are available to treat those affected by the coronavirus. I am very thankful for the vital work that you do on a daily basis and for your institution’s commitment to the people of Ohio. I look forward to collaborating with you to protect the citizens of our community and enforce the laws of the United States during this time of national emergency.

With gratitute,

David M. DeVillers

United States Attorney

COLUMBUS, Ohio – The United States Attorney’s Office and the Internal Revenue Service - Criminal Investigation (IRS-CI) warned Ohio taxpayers today to be alert about possible scams relating to COVID-19 Economic Impact Payments.

 

U.S. Attorney David M. DeVillers and Bryant Jackson, Special Agent in Charge of the IRS-CI Cincinnati Field Office, made the announcement today in an effort to prevent taxpayers in need from being victimized by criminals using the recently approved federal payments as an opportunity to commit a crime.

 

“As your stimulus checks come in, so will the scams,” U.S. Attorney DeVillers said. “Beware of anyone seeking personal information in exchange for promises about your check.”

 

“Ruthless criminals will take this opportunity to prey upon our fears in order to try and line their own pockets by stealing your money or your personal information,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.”

 

COVID-19 economic impact payments will be issued in the coming weeks. For most Americans, the checks will be a direct deposit into a bank account. For the unbanked, elderly or other groups who have traditionally received tax refunds via paper check, they will receive their economic impact payment by paper check as well.

 

Scammers may try to get taxpayers to sign over their checks or “verify” filing information.

 

U.S. Attorney DeVillers and Special Agent in Charge Jackson offer the following information and tips to spot a scam and understand how the COVID-19 related economic impact payments will be issued:

 

• The IRS will deposit your check into the direct deposit account you previously provided on your tax return (or, in the alternative, send you a paper check).

 

• The IRS will not call and ask you to verify your payment details. Do not give out your bank account, debit account, or PayPal account information – even if someone claims it's necessary to get your check. It's a scam.

 

• If you receive a call, don't engage with scammers or thieves, even if you want to tell them that you know it's a scam, or you think that you can beat them. Just hang up.

 

• If you receive texts or emails claiming that you can get your money faster by sending personal information or clicking on links, delete them. Do not click on the links.

 

• Bogus checks may also exist. If you receive a “check” in the mail now, it is not legitimate. Treasury checks have not yet been mailed. If you receive a “check” for an odd amount (especially one with cents), or a “check” requiring you to verify the “check” online or by calling a phone number, it is a fraud.

 

• The IRS will not ask you to send money before it will issue your economic impact payment. If someone asks you to send money to get your payment, do not send money.

 

For more information, visit the IRS website at www.irs.gov/coronavirus.

 

To report fraud related to the coronavirus, email disaster@leo.gov or call 1-866-720-5721.

# # #

COLUMBUS, Ohio – A federal grand jury has charged two former Columbus vice officers with conspiring to violate others’ civil rights and conspiring to commit wire fraud.

 

Steven G. Rosser, 43, of Delaware, and Whitney R. Lancaster, 57, of Columbus, were each arrested without incident this morning and appeared in federal court this afternoon. The indictment was returned on March 26 and unsealed at a 12:15pm initial appearance today. 

 

Rosser was employed with the Columbus Division of Police for 19 years and assigned as a detective in CPD’s vice unit from April 2013 until October 2018.

 

Lancaster was employed with the Columbus Division of Police for 31 years.  He was assigned as a detective in the vice unit from February 2016 until November 2018.

 

“The indictment alleges that these two former law enforcement officers abused their badges and deprived individuals of their Constitutional rights,” said U.S. Attorney David M. DeVillers. “We will root out any alleged bad actors acting under color of law and are grateful to the vast majority of officers who do the honorable work of protecting us and the Constitution.”

 

Nick’s Cabaret

According to the indictment, in March 2015, Rosser was involved in a physical fight with an individual at Nick’s Cabaret, a gentleman’s club on East Dublin Granville Road. Rosser allegedly represented that he was acting in the course and scope of his employment as a police officer during the fight and in the days that followed.

 

The indictment alleges that Rosser conspired with others to deprive the other participant in that fight of his civil rights by having him seized and searched without probable cause, in violation of the Fourth Amendment to the U.S. Constitution. 

 

Based, in part, on a report that Rosser wrote regarding the fight, officers arrested that individual in April 2015, and he was detained at the Franklin County jail for approximately five days before the charges against him were ultimately dismissed.

 

The Dollhouse

The indictment also alleges that in April 2018, Rosser, Lancaster, and others conspired to deprive one of the owners of the Dollhouse, a gentleman’s club on Karl Court, of his civil rights by seizing and searching him and his vehicle without probable cause, again in violation of the Fourth Amendment.

 

Fort Rapids Indoor Waterpark Resort

Finally, the indictment alleges that both defendants conspired to commit wire fraud by routinely reporting false and fraudulent special duty hours.

 

Specifically, in January 2018, the Fort Rapids hotel, restaurant and indoor water-park complex on Corporate Drive in Columbus, suffered a fire-sprinkler break that led to extensive flooding. As a result, the Columbus Division of Fire ordered a 24-hour per day “fire watch” by qualified personnel to monitor the site for further damage and safety issues.

 

It is alleged that Rosser and Lancaster routinely reported to the Fort Rapids ownership group that they were working special duty during dates and times that they also reported they were on duty working their regular shifts as CPD officers. The two officers allegedly double-billed Fort Rapids and the Columbus Division of Police on 29 days between January and May 2018.

 

“The FBI and the Southern Ohio Public Corruption Task Force are committed to rooting out public corruption and working to ensure that those who abuse their law enforcement privileges are held accountable,” stated FBI Cincinnati Special Agent in Charge Chris Hoffman. “We will continue to work with our partners to protect the citizens of this community and uphold their Constitutional rights.”

 

“The Columbus Division of Police continues to advocate for police accountability and strongly supports today's arrests on corruption charges against these former officers by the FBI and the Public Corruption Task Force,” said Columbus Police Chief Thomas Quinlan. “I commend the dedication and effectiveness of the partnerships leading to today's arrests.”

 

“A cop’s authority is derived from citizens who trust them to keep the peace,” Ohio Attorney General Dave Yost said. “When one betrays that trust, we need to hold them accountable to defend the integrity of the good men and women who keep us safe.”

 

“Ohio's law enforcement units are the finest in the nation and any actions that diminish their standing in our communities must be pursued and prosecuted,” Auditor of State Keith Faber said. “I want to commend the work of all involved in this investigation and pledge our continued support as this case moves forward.”

 

Conspiracy to violate a person’s civil rights is punishable by up to 10 years in prison. Conspiracy to commit wire fraud carries a potential maximum sentence of 20 years in prison.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Columbus Police Chief Thomas Quinlan; Franklin County Prosecutor Ron O’Brien; Ohio Attorney General Dave Yost; Ohio Bureau of Criminal Investigation (BCI) Superintendent Joseph Morbitzer; and Ohio Auditor of State Keith Faber announced the charges.

 

Assistant United States Attorneys Kevin W. Kelley, Noah R. Litton and Jessica H. Kim are representing the United States in this case. This case is being investigated by the FBI’s Southern Ohio Public Corruption Task Force, which includes special agents and officers from the FBI, Ohio Attorney General’s BCI, the Ohio Auditor of State’s Office and the Columbus Division of Police.

 

An indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.

 

# # #

COLUMBUS, Ohio – U.S. Attorney David M. DeVillers advises the public to be cautious about emails purporting to offer safety information about the coronavirus and containing a hyperlink. Many such emails contain malicious programming that can harm computers, access user’s personal information, and cause financial harm.

 

For example, emails might promise to:

• Tell you how to protect your friends from COVID-19 if you click a hyperlink
• Directly connect with you a clinical contact if you reply and pay within a certain timeframe
• Provide updated information from a health expert via a hyperlink

 

U.S. Attorney DeVillers reminds you to stay vigilant, think twice before clicking on links and only respond to emails in which you know the source.

 

# # #

COLUMBUS, Ohio – The United States Attorneys for the Southern and Northern Districts of Ohio, the Ohio Attorney General and the Ohio Board of Pharmacy Executive Director issued a joint statement today regarding the State of Ohio Board of Pharmacy rule prohibiting pharmacists from dispensing chloroquine or hydroxychloroquine for COVID-19 unless a person has tested positive for the virus or is otherwise approved by the pharmacy board’s executive director.

 

U.S. Attorney David DeVillers, U.S. Attorney Justin Herdman, Ohio Attorney General Dave Yost and Ohio Board of Pharmacy Executive Director Steven Schierholt confirmed awareness of the allegations leading to the state pharmacy order and stated:

 

“These are extraordinary times for the world, our nation, and the great state of Ohio. While we are seeing the absolute best of our healthcare professionals as they help to address the COVID-19 crisis, we will remain vigilant to address any self-serving behavior by any member of the medical community. Be assured that we will do our due diligence in holding accountable anyone who may be prescribing outside a legitimate medical purpose. Where we find doctors or others who are abusing their professional licenses to help themselves or associates, we will move swiftly to identify and prosecute any wrongdoing that is a violation of federal or state law. We are committed to pursuing all remedies to address misconduct associated with the allegations leading to the Board of Pharmacy action, including seeking criminal penalties where appropriate.”

 

 

 

On March 22, 2020, Governor Mike DeWine authorized the State of Ohio Board of Pharmacy to file emergency rule 4729-5-30.2 of the Administrative Code, which reads:

 

(A) Unless otherwise approved by the board’s executive director, no prescription for chloroquine or hydroxychloroquine may be dispensed by a pharmacist or sold at retail by a licensed terminal distributor of dangerous drugs unless all the following apply:

 

(1) The prescription bears a written diagnosis code from the prescriber; and

 

(2) If written for a COVID-19 diagnosis, the diagnosis has been confirmed by a positive test result, which is documented on the prescription and both of the following apply:

 

(a) The prescription is limited to no more than a fourteen-day supply; and

 

(b) No refills may be permitted unless a new prescription is furnished.

 

Prescriptions for either presumptive positive patients or prophylactic use of chloroquine or hydroxychloroquine related to COVID-19 is strictly prohibited unless otherwise approved by the board’s executive director in consultation with the board president, at which time a resolution shall issue.

 

# # #

COLUMBUS, Ohio – A Columbus man allegedly pretended to be selling a car and pretended to be an online escort in order to rob victims at gunpoint. Further, the man allegedly brandished a firearm during the robberies and shot and struck two victims.

 

Keith Jorel Hudson, 34, was charged federally today and is scheduled to appear in federal court tomorrow afternoon.

 

According to an affidavit filed in support of the criminal complaint, on March 5, Hudson met up with a victim who had communicated with Hudson on Facebook Messenger regarding a post stating Hudson was selling a black Honda Accord.

 

It is alleged that when the victim arrived at a meetup location on Spencer Court in Columbus, Hudson brandished a firearm and demanded the victim drop his wallet and keys.

 

The affidavit details that the victim complied. As Hudson reached to pick up the wallet, the victim grabbed his own keys and attempted to flee in his car. Hudson allegedly blocked the victim from entering his car, pistol whipped the victim, and shot him in the back of the neck. The round entered and exited the victim’s neck, leaving a flesh wound and shattering the victim’s car window.

 

The victim was able to flag down a Columbus police officer a short distance away and was transported to Grant Hospital.

 

On March 20, according to the affidavit, a second victim responded to an online advertisement. This post was a dating advertisement on a personals webpage.

 

The second victim arrived at the Hickory Creek Apartments complex to meet a female and pay her for sexual activity. Instead, Hudson allegedly approached him and pointed a handgun at him, demanding cash from him.

 

The victim gave Hudson the $30 he had in his possession and began to leave. The victim attempted to take a picture of Hudson’s license plate when Hudson began shooting at the victim. The victim attempted to flee and Hudson pursued the victim in his vehicle. Hudson fired his gun again near the intersection of Schrock Road and Ambleside Drive and struck the victim in his hand. The gunfire also disabled the victim’s car.

 

Shortly thereafter, Hudson was located by Columbus Police officers and arrested. 

 

Hudson is charged with two counts of robbery and two counts of discharging a firearm during a crime of violence. Congress sets the maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Jonathan McPherson, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Columbus Police Chief Thomas Quinlan announced the charges. Assistant United States Attorney Timothy Prichard is representing the United States in this case.

 

A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.

 

If you believe you are also a victim or have any information related to this alleged conduct, please contact Columbus Police Detectives Brian Boesch at 614-230-3173 or John Herman at 614-645-4665.

 

# # #

COLUMBUS, Ohio – United States Attorney David M. DeVillers today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address disaster@leo.gov.

 

In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.

 

“This U.S. Attorney’s Office is open for business and we still have plenty of room in jail for those who try to line their own pockets through fraud during this pandemic,” U.S. Attorney DeVillers said. “I’ve instructed my district to ignore dollar amount or victim number thresholds usually needed for federal prosecutions. Those reprehensible enough to take advantage of our worried citizens will pay the price.”

 

Some examples of these schemes include:

 

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.  

    

In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. DeVillers named Assistant United States Attorney Peter Glenn-Applegate as the Southern District of Ohio’s Coronavirus Fraud Coordinator.

 

The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

 

To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.

 

# # #

CINCINNATI – A federal jury, spread across the courtroom to practice social distancing, returned a guilty verdict Wednesday evening on all counts charged, finding a Cincinnati businessman guilty of six charges related to tax fraud.

 

Gregory VanDemark, 64, was convicted of four counts of aiding and assisting in the preparation and filing of false income tax returns with the Internal Revenue Service (IRS), one count of structuring transactions to evade the reporting requirements, and one count of making a false statement.

 

The verdict was announced following a trial that began on March 11 before U.S. District Judge Michael R. Barrett.

 

According to court documents and trial testimony, VanDemark’s IRS returns claimed he owed no taxes for 2013 and 2014, even though he earned $1 million per year from his used car business, Used Car Supermarket, Inc. 

 

At the same time, VanDemark owned homes in Cincinnati and Florida and a summer home on the Ohio River designed as a paddleboat replica (that he falsely deducted on his taxes as a bed and breakfast).

 

Also in 2013 and 2014, VanDemark structured more than $157,000 in cash payments made on a home mortgage at a bank in Bethel, Ohio for the purpose of evading the currency transaction reporting requirements.

 

VanDemark skimmed 25 percent of his business earnings in order to alter his taxes owed. He also claimed numerous improper deductions.

 

When he was interviewed by IRS special agents in 2016, VanDemark made a false statement by stating all of the money he made from his business was deposited in the bank and he never skimmed cash from his businesses.

 

“I want to commend the government’s prosecution team on presenting a flawless case to the jury,” said Bryant Jackson, Special Agent in Charge, IRS, Criminal Investigation.  “The jury has sent a very strong message to business owners and taxpayers that if you skirt your income tax liabilities, try to avoid the currency reporting requirement and then lie about it, you will be judged guilty for such conduct by a jury of your peers.”

 

Aiding and assisting in the preparation and filing of false income tax returns with the IRS carries a maximum penalty of three years in prison and a fine of up to $250,000. Structuring financial transactions and making false statements carries a maximum penalty of five years in prison and a fine of up to $250,000. Congress sets the maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; and Bryant Jackson, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office announced the verdict. Assistant United States Attorney Megan Gaffney Painter and Special Assistant United States Attorney Kelly K. Rossi are representing the United States in this case.

 

# # #

COLUMBUS, Ohio – A Guatemalan man was transported from Colombia to Columbus yesterday and appeared in federal court this afternoon on charges related to a Colombia-to-America cocaine conspiracy.

 

Jose Luis DeLeon-Baltazar, 38, is the second defendant in this alleged conspiracy to be extradited to the Southern District of Ohio. In October 2019, Francisco Golon-Valenzuela was extradited to Columbus from Panama.

 

According to the indictment, DeLeon-Baltazar and Golon-Valenzuela conspired with others to ship thousands of kilograms of cocaine from Colombia, via sea and land, through Central America and Mexico to the United States.

 

The indictment details that as part of the conspiracy individuals would use “load” coordinators to assist with logistics of cocaine shipments, locate drivers and boat operators for narcotic-laden vehicles and vessels, and secure shared investments from multiple co-conspirators in specific cocaine shipments.

 

Fishermen and other commercial maritime laborers were allegedly recruited by conspirators to transport cocaine and refueling vessels.

 

Conspirators allegedly paid a “tax” or “fee” to send cocaine through areas controlled by a different drug trafficking organization or cartel.

 

Members of the conspiracy allegedly shared information on the activities and locations of law enforcement and military personnel assigned to interdict narcotics shipments. It is alleged co-conspirators also sheltered individuals who were at risk of extradition to other countries.

 

Low-level co-conspirators would allegedly take responsibility for an entire load of seized cocaine in order to free higher-level members.

 

Cocaine shipments seized in this case thus far include:

• 880 kilograms of cocaine seized by the United States Coast Guard near the Guatemalan/Mexico border on May 19, 2016;
• 720 kilograms of cocaine seized by the United States Coast Guard northwest of the Galapagos Islands on Aug. 18, 2017; and
• 34 kilograms of cocaine seized by the Guatemalan Policia National Civil in San Marcos, Guatemala on or about Nov. 26, 2017.

 

Four defendants were transported to Ohio for prosecution in September 2017, following the 720 kilogram seizure near the Galapagos Islands. That seizure alone included more than 1,584 pounds of cocaine, equaling an approximate street value of $25 million.

 

“When we say we are going after the cartels, we mean it,” U.S. Attorney David M. DeVillers said. “This investigation remains ongoing.”

 

The narcotics conspiracy in this case is punishable by 10 years up to life in prison. Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); and Ohio State Highway Patrol Superintendent Col. Richard S. Fambro announced the charges. Assistant United States Attorneys Jonathan J.C. Grey and Elizabeth Rabe are representing the United States in this case.

 

An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.

 

# # #

DAYTON – Bruce Long, 49, of Dayton, was sentenced in federal court this afternoon to 78 months in prison for possessing a firearm after having been previously convicted of felony offenses.

 

According to court documents, on Sept. 27, 2018, Dayton Police dispatchers received multiple complaints that evening about gunfire in the area of Anna and Second streets. Eyewitnesses observed Long firing a rifle towards an individual near Anna Street. Dayton Police officers also discovered shell casings at the shooting location.

 

Shortly thereafter, officers encountered Long at his nearby residence and ultimately arrested him. While executing a search warrant at his home, police discovered 12 firearms possessed by Long, including a stolen firearm and a rifle with a large-capacity magazine. Long has six prior felony convictions involving drugs, guns, or violence.

 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Justice Department reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Jonathan McPherson, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Dayton Police Chief Richard S. Biehl announced the sentence imposed this afternoon by U.S. District Court Judge Walter H. Rice. Assistant United States Attorney Andrew J. Hunt is representing the United States in this case.

 

 

# # #

COLUMBUS, Ohio – A defendant known as “Shadow” was sentenced in U.S. District Court today to 30 years in prison for participating in a racketeering conspiracy and murder through the use of a firearm during a crime of violence.

 

Jose Mendez-Peraza, 38, of Columbus, pleaded guilty in October 2019 and accepted responsibility for his involvement as a shooter in the December 2016 murder of Salvador Martinez-Diaz, a suspected 18th Street gang member.

 

On Dec. 3, 2016, co-conspirators waited in the parking lot of the Resolute Athletic Complex in Columbus where the victim was playing soccer. Others, including Mendez-Peraza, wore dark ski masks and waited for Martinez-Diaz near his apartment building at Melroy Ave. and Kelburn Road in Columbus.

 

When the victim arrived near his home, Mendez-Peraza and another MS-13 member opened fire on Martinez-Diaz with pistols, shooting him multiple times and killing him.

 

Mendez-Peraza also threatened a witness/victim in this case while at the Joseph P. Kinneary United States Courthouse in Columbus. Mendez-Peraza told the witness/victim that MS-13 members would kill the individual and his/her family if the individual cooperated with law enforcement.

 

Mendez-Peraza is one of 23 individuals charged in a second superseding indictment in February 2018 who are alleged to be members and associates of MS-13 in Columbus.

 

The defendants are charged in a racketeering conspiracy, which includes five murders as well as attempted murder, extortion, money laundering, drug trafficking, assault, obstruction of justice, witness intimidation, weapons offenses and immigration-related violations.

 

The second superseding indictment alleges that the defendants committed a host of overt acts in furtherance of the conspiracy, including: 1) the December 2006 murder of Jose Mendez, a confidential informant, in Perry County; 2) the November 2008 murder of Ramon Ramos on Lockbourne Road in Columbus; 3) the mid-2015 murder of Carlos Serrano-Ramos, a suspected rival gang member, near Innis Road in Columbus; 4) the November 2015 murder of Wilson Villeda near Innis Road in Columbus; and 5) the December 2016 murder of Salvador Martinez-Diaz, a suspected rival gang member, on Melroy Avenue in Columbus.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Rebecca Adducci, Detroit Field Office Director, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations; Franklin County Sheriff Dallas Baldwin; and Columbus Police Chief Thomas Quinlan announced the sentence imposed today by U.S. District Judge Edmund A. Sargus, Jr.

 

Deputy Criminal Chief Brian J. Martinez and Assistant United States Attorney Noah R. Litton are representing the United States in this case.

 

# # #

CINCINNATI – A federal grand jury in Cincinnati has returned an indictment charging the former Cincinnati City Council president pro tem with honest services wire fraud, bribery and attempted extortion.

 

Tamaya Dennard, 40, was arrested and charged by criminal complaint on Feb. 25.

 

Dennard was elected to Cincinnati City Council in November 2017 and resigned on March 2, 2020.

 

According to court documents, between August and December 2019, Dennard engaged in acts and attempted acts of bribery and extortion, attempting to exchange her votes for money.

 

Dennard allegedly requested between $10,000 and $15,000 from an individual to pay for her personal expenses.

 

At the direction of and in coordination with the FBI, the individual and Dennard exchanged a total of $15,000, in increments of $10,000 and $5,000, for upcoming votes on a matter scheduled to be heard by Council. 

 

Dennard is charged by indictment with three counts of honest services wire fraud (up to 20 years in prison), two counts of bribery concerning programs receiving federal funds (up to 10 years in prison) and two counts of attempted extortion under color of right (up to 20 years in prison).

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; announced the indictment. Deputy Criminal Chief Emily N. Glatfelter and Assistant United States Attorney Matthew Singer are representing the United States in this case.

 

An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.

 

# # #

DAYTON – A Dayton man was sentenced in U.S. District Court today to 318 months in federal prison for committing armed robberies in and around Dayton.

 

Jermaine Green, 37, pleaded guilty in January 2019 to two counts of robbery and two counts of brandishing a firearm in furtherance of a crime of violence.

 

According to court documents, in an attempt to pay off a drug debt, Green committed a string of robberies throughout the greater Dayton area between December 2017 and January 2018 in which he wore a disguise using a dreadlocks wig.

 

On Dec. 17, 2017, Green brandished a firearm and robbed the Walgreen’s Pharmacy on Hoover Ave. in Dayton. Later that same day, Green again brandished a firearm and robbed a Sunoco gas station on Wayne Ave. in Dayton.

 

Two days later, Green robbed Falb’s Restaurant on Kiser Street in Dayton. After ordering a hamburger, Green pointed his handgun at the owner and demanded the owner enter the safe. When another customer entered the restaurant, distracting Green, the owner pulled out his gun and fired two shots at Green. Green attempted to shoot the owner but the safety was on his firearm. As Green fled the restaurant, the owner’s brother arrived and also fired at Green. Green was hit by one of the bullets as he was fleeing. Green later staged a robbery so that he would appear to be a victim before seeking medical attention.

 

Green robbed four Dollar General stores in late December 2017 and early January 2018, including the stores on Valley Street in Riverside, North Gettysburg Ave. in Dayton, North Main Street in Clayton and South Gettysburg Ave. in Dayton.

 

Green had also committed a robbery at Loan Max on Dec. 17, 2017, which was the basis for his 2018 conviction in Montgomery County Common Pleas Court. In his state case, he was ordered to serve 21 years in prison.

 

“Green’s actions were drastic and reckless, and but for his arrest, Green confessed that he likely would have engaged in murder to save himself and his family from the drug dealer he owed money,” U.S. Attorney David M. DeVillers said. “Green brandished a loaded firearm over and over at various locations for small amounts of money. This office will not tolerate gun violence and will prosecute it accordingly.”

 

DeVillers is joined by Jonathan McPherson, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Dayton Police Chief Richard S. Biehl; Montgomery County Sheriff Rob Streck; Clayton Police Chief Matt Hamlin; and Riverside Police Chief Frank Robinson in announcing the sentence imposed by U.S. District Judge Walter H. Rice. Assistant United States Attorney Amy M. Smith is representing the United States in this case.

 

# # #

CINCINNATI – A Cincinnati man was sentenced in U.S. District Court today to 420 months in prison for distributing heroin and cocaine from a house in northeast Cincinnati, and for possessing firearms in furtherance of drug crimes.

 

Qian “Will” Williams, 39, was convicted by a jury following a weeklong trial in September 2019.

 

Testimony by witnesses and evidence presented during the trial showed that for approximately 15 months Williams distributed heroin and cocaine he obtained from sources in Indiana and elsewhere.

 

Task force officers executed search warrants at Williams’ property on Randomhill Drive in August 2017. They seized more than a kilogram of heroin, more than 100 grams of cocaine, drug paraphernalia including a kilogram press, six firearms including two handguns, large-capacity magazines, and ammunition. Agents also seized more than $80,000 in cash and jewelry while executing the search warrants. 

 

A federal grand jury indicted and agents arrested Williams in October 2017. He has been in custody since his arrest.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Cincinnati Police Chief Eliot K. Isaac; and Boone County Sheriff Michael A. Helmig announced the sentence imposed by U.S. District Court Judge Michael R. Barrett. Criminal Chief Karl P. Kadon and Assistant United States Attorney Ebunoluwa Taiwo represented the United States in this case.

 

# # #

COLUMBUS, Ohio – A federal jury has convicted a Southeast Ohio doctor of illegally prescribing controlled substances and defrauding health care programs.

 

The verdict was announced yesterday evening following a trial that began on Feb. 24 before Chief U.S. District Judge Algenon L. Marbley.

 

Specifically, a federal jury found Roger D. Anderson, 65, of Marietta, guilty of one count of conspiring to distribute controlled substances, eight counts of illegal dispensing of controlled substances and one count of committing health care fraud.

 

Anderson owned and operated Marietta Medical, which was located on Putnam Street in Marietta.

 

According to court documents and trial testimony, between January 2012 and March 2016, Anderson conspired with others to distribute opioids like oxycodone and hydrocodone outside the scope of medical practice and without a legitimate medical purpose.

 

Anderson pre-signed prescriptions for staff to complete and distribute to patients in his absence. Prescriptions were given to patients on days that Anderson did not examine them and by staff who were not legally qualified to give prescriptions. Further, the drugs would be distributed at a kiosk after hours inside the office complex Putnam Commons.

 

Anderson prescribed dangerous combinations of controlled substances, including those known as “Holy Trinity” (an opioid, a benzodiazepine and a muscle relaxant) and “Speedballs” (a stimulant and an opioid).

 

One patient received four prescriptions issued in the same day for 10 Fentanyl patches, 120 Xanax pills, 180 Oxycodone pills and 180 pills of the acetaminophen-hydrocodone mix Norco. On that same date, the patient already had two other overlapping prescriptions for Fentanyl issued by Anderson.

 

Additionally, Anderson conspired to and committed health care fraud, defrauding the Ohio Medicaid and Medicare programs. Anderson caused the submission of claims for controlled substance that were prescribed in violation of Federal law.

 

“Anderson ignored blatant red flags that his patients were abusing and diverting the opioids he prescribed,” U.S. Attorney David M. DeVillers said. “He prescribed opioids and benzodiazepines to a pregnant patient and was banned by pharmacies. This trial is another example that if you act like a drug dealer, we will prosecute you like one.”

 

“Dr. Anderson betrayed his profession and every standard of decency by cashing in on the deadly opioid epidemic that is plaguing nearly every corner of our country,” said Drug Enforcement Administration Special Agent in Charge Keith Martin, Detroit field division.

 

“The defendant warped his prescription pad from healing to harm, writing out warrants for addiction,” Ohio Attorney General Dave Yost said. “I am proud of our team and United States Attorney DeVillers for holding him accountable for his crimes.”

 

“This case is a great example of cooperation between Federal, State and Local law enforcement agencies,” said Washington County Sheriff Larry Mincks. “We started this case five or six years ago and it became so cumbersome and complex that without the help of the Federal government the case would not have survived.” 

 

Conspiring to distribute and distributing controlled substances are federal crimes punishable by up to 20 years in prison. Committing health care fraud carry potential maximum sentences of 10 years in prison. Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Lamont Pugh III, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Ohio Attorney General Dave Yost; Anthony Groeber, Executive Director, State Medical Board of Ohio; Steven Schierholt, Executive Director, State of Ohio Board of Pharmacy; Stephanie McCloud, Administrator, Ohio Bureau of Workers Compensation; and Washington County Sheriff Larry Mincks announced the verdict. Assistant United States Attorney Kenneth F. Affeldt and Senior Litigation Counsel Douglas W. Squires are representing the United States in this case.

 

# # #

COLUMBUS, Ohio – A man who was in frequent communication with imprisoned members of the Columbus clique of MS-13 was sentenced in U.S. District Court today for reentering the United States illegally for the third time.

 

Fabian Posadas-Mejia, 44, was sentenced to 10 months in prison and one year of supervised release, and is subject to deportation following his prison sentence.

 

Posadas-Mejia was convicted by a jury following a one-day trial in October 2019.

 

According to court documents, Posadas-Mejia is a citizen of El Salvador with no legal status in the United States. Immigration officials initially encountered him nearly 25 years ago. Posadas-Mejia was first ordered to be removed from the United States in 1995.  He was deported twice in 2014 and once in 2017.

 

Most recently, law enforcement officials encountered Posadas-Mejia as part of  the prosecution of numerous members and associates of MS-13 in Columbus.

 

In the days and weeks following an August 2017 takedown of the transnational gang, investigators monitoring phone calls that MS-13 members were making from jail learned that multiple inmates were in frequent communication with Posadas-Mejia.

 

The defendant was depositing money in the gang members’ jail accounts, helping them retrieve and dispose of personal property and checking on inmates’ families.

 

In addition to being removed from the United States three times and being linked to the government’s ongoing prosecution of MS-13, Posadas-Mejia has a previous domestic violence conviction, among other state convictions.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio, and Rebecca Adducci, Detroit Field Office Director, U.S. Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations, announced the sentence imposed by U.S. District Court Judge Edmund A. Sargus, Jr.  Deputy Criminal Chief Brian J. Martinez is representing the United States in this case.

 

# # #

DAYTON – Aaron Johnson, 32, and Timothy Banks, 22, caught the attention of law enforcement when they fell asleep in a U-Haul van with the engine running at a gas pump in Miami County.

 

Johnson was sentenced in U.S. District Court to 21 months in prison for counterfeiting credit cards, and the court entered its judgment today.

 

According to court documents, Johnson conspired with Banks to make money through counterfeiting by re-encoding gift cards with stolen credit card account numbers.

 

In August 2018, Johnson rented a U-Haul van in Rochester, Mich. for what was supposed to be a one-day rental.

 

Instead, Johnson kept the U-Haul for nearly a month and drove it more than 8,000 miles, including to Miami County, Ohio. On Sept. 1, law enforcement officers observed Johnson and Banks asleep in the van connected to a gas station pump with the engine running.

 

Officers approached the van at the Speedway gas station in Miami County, fearing the men had overdosed in the vehicle. Instead, officers discovered Banks asleep at the wheel, and Johnson asleep on an inflatable mattress in the rear compartment of the van.  Officers also found a credit card reader/encoder, 12 counterfeit credit cards, 41 re-encoded gift cards, and a total of 54 credit card account numbers. Officers also discovered $100 in Target gift cards and $365 in iTunes gift cards.

 

Johnson and Banks pleaded guilty in February 2019 to conspiring to use counterfeit access devices.  Banks was sentenced earlier this year to probation with home confinement.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio, Yvonne DiCristoforo, Special Agent in Charge, United States Secret Service and Miami County Sheriff Dave Duchak announced the sentence imposed by U.S. District Judge Walther H. Rice. First Assistant United States Attorney Vipal J. Patel is representing the United States in this case.

 

# # #

DAYTON – Marek K. Grigsby, 35, was sentenced this morning in U.S. District Court to 330 months in prison and a lifetime of supervised release for producing child pornography and producing obscene images of the sexual abuse of children.

 

According to court documents, Grigsby sexually abused one victim, who was five and six years of age during the abuse, and created child pornography depicting the abuse. Between November 2015 and January 2017, Grigsby produced at least 33 videos and 23 images showing his sexual abuse of the victim.

 

Grigsby also created obscene images of a second five-year-old victim. Between January 2015 and April 2016, Grigsby produced at least 21 videos and 111 images of the second victim, including three images depicting the victim in an obscene way. For example, one of the images depicts the victim engaging in simulated oral intercourse with a penis that is superimposed in the photograph.

 

Grigsby pleaded guilty in April 2019.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Yvonne DiCristiforo, Special Agent in Charge, United States Secret Service (USSS); Montgomery County Sheriff Rob Streck; and Keith Faber, Ohio Auditor of State, announced the sentence imposed by U.S. District Judge Walter H. Rice. Deputy Criminal Chief Dominick S. Gerace is representing the United States in this case.

 

# # #

DAYTON – Gene Talley, 48, of Dayton, pleaded guilty in U.S. District Court to conspiring to distribute more than 100 grams of heroin.

 

According to court documents, beginning in 2007, Talley would meet with an individual in Austin, Texas to obtain controlled substances, including heroin, to distribute in the Southern District of Ohio.

 

Talley also arranged for other individuals to collect the drugs and bring them to Ohio for distribution. In addition, he directed individuals to transport money back to the individual in Texas.

 

On three occasions, money intended for delivery in Texas was seized by law enforcement, including approximately: $99,000 seized by police in Austin, Texas in December 2012; $230,000 seized by police in Chicago in June 2015; and $240,000 seized by police in Winfield, Texas.

 

Talley pleaded guilty on Feb. 26 to conspiring to distribute more than 100 grams of heroin. A sentence of between 60 to 150 months in prison has been recommended for the Court’s consideration.

 

Four co-defendants have also pleaded guilty in connection to this case.

 

Brianna Reid pleaded guilty in federal court in Dayton today.

 

Adriauna Smith, Syreeta Scruggs and Kenneth Patterson each pleaded guilty in January or February and are scheduled to be sentenced during the week of May 18.

 

Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Bryant Jackson, Special Agent in Charge, Internal Revenue Service – Criminal Investigation (IRS-CI); Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA) and the DEA’s Drug Task Force announced the pleas entered into before U.S. District Judge Walter H. Rice. Assistant United States Attorneys Amy M. Smith and Andrew J. Hunt are representing the United States in this case.

 

# # #

DAYTON – A former military subcontractor was sentenced in U.S. District Court today to 33 months in prison and three years of supervised release for illegally possessing a firearm silencer and equipment that was property of the United States.

 

Joel Montgomery, 50, pleaded guilty to two counts in December 2019: possessing a silencer not registered to him and retaining United States property with a value of more than $1,000.

 

According to court documents, in June 2015, Montgomery possessed at his home a firearm silencer that was not registered to him in the National Firearms Registration and Transfer Record.

 

While executing another search warrant at his home in October 2015, agents discovered an AN/AAR-47 Missile Warning System and a Control Countermeasures Set Display Unit that were property of the United States.

 

Montgomery had previously been employed as a subcontractor on a local military base, and during that time, had gained access to the property of the United States. Upon the end of his employment contract, Montgomery did not return equipment valued at more than $1,000 and instead kept the equipment for his personal use.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced the sentence imposed by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorneys Brent G. Tabacchi and Dwight Keller are representing the United States in this case.

# # #

CINCINNATI – The Cincinnati City Council President Pro Tem has been arrested and charged federally with honest services wire fraud, bribery and attempted extortion.

 

Tamaya Dennard, 40, appeared in federal court this afternoon. The charges pending against her were unsealed at that time.

 

Dennard was elected to Cincinnati City Council in November 2017.

 

According to the affidavit filed in support of the criminal complaint, between August and December 2019, Dennard engaged in acts and attempted acts of bribery and extortion, attempting to exchange her votes for money.

 

“As the affidavit details, a concerned citizen contacted law enforcement following an interaction with Dennard, feeling an ethical and moral obligation to report any criminal wrongdoing,” U.S. Attorney David M. DeVillers said. “The individual then worked at the direction of law enforcement throughout this investigation. It takes courage for citizens to come forward and assist law enforcement as this individual did.”

 

Dennard allegedly requested between $10,000 and $15,000 from the individual to pay for her personal expenses.

 

At the direction of and in coordination with FBI, the individual and Dennard exchanged a total of $15,000, in increments of $10,000 and $5,000, for upcoming votes on a matter scheduled to be heard by Council. 

 

Dennard deposited $10,000 in a personal bank account the same day she received it.

 

After receiving the initial $10,000, Dennard requested the additional $5,000 in advance. Records indicate the same day she received the $5,000 in cash, Dennard booked two seats on a Sept. 22, 2019 flight from Cincinnati to Destin-Fort Walton Beach Airport. On Sept. 27, 2019, she booked two return tickets. Financial records indicate Dennard spent more than $4,000 total on the Florida trip to include accommodations at the Opal Sands Resort in Clearwater, Fla. and the airfare.

 

 

Dennard allegedly continued to reach out to the individual asking for money on various occasions in October and November 2019. Text messages from Dennard to the individual during that time include “Happy to help you. But need yours too”; and “As I said, I’m sure there will be ways to help you as well and I will.”

 

Dennard is charged with one count each of honest services wire fraud (up to 20 years in prison), bribery concerning programs receiving federal funds (up to 10 years in prison) and attempted extortion under color of right (up to 20 years in prison).

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; announced the charges. Deputy Criminal Chief Emily N. Glatfelter and Assistant United States Attorney Matthew Singer are representing the United States in this case.

 

A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.

 

# # #

DAYTON – A Dayton registered sex offender was sentenced in U.S. District Court today to 720 months in prison and a lifetime of supervised release for producing child pornography through the sexual abuse of two toddlers.

 

Tyler Ulm, 25, created child pornography by sexually abusing a 2-year-old boy and a 3-year-old boy over the course of a year. He abused the two-year-old on at least five occasions at various locations in the Dayton area and the three-year-old at least twice at Ulm’s Dayton residence.

 

Ulm produced at least seven videos and 58 pictures of the sexual abuse.

 

“Ulm raped a 2 year old on five occasions and a 3 year old on two occasions,” said U.S. Attorney David M. DeVillers. “Even worse, he recorded the assaults with his phone and then freely distributed videos and images of the acts of torture. Every day he spends in prison is a safer day for our children.”

 

The defendant pleaded guilty on Oct. 28, 2019.

 

The plea was a global resolution that also involved state charges arising out of Montgomery County Common Pleas Court.

 

Federally, Ulm pleaded guilty to two counts of producing and one count of distributing child pornography, as well as committing a felony offense involving a minor while being required to register as a sex offender. He also accepted responsibility for his state charges, including two counts of rape of a person under 10 years of age, two counts of rape of a person under 10 years of age by force and two counts of gross sexual imposition of a person under 13 years of age.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Dayton Police Chief Richard S. Biehl; and Montgomery County Prosecutor Mathias H. Heck, Jr. announced the sentence imposed today by U.S. District Judge Walter H. Rice.

 

Assistant Deputy Criminal Chief Laura I. Clemmens is representing the United States in the federal case and Montgomery County Assistant Prosecuting Attorneys Kelly D. Madzey and Jonathan W. Sauline are handling the state charges.

 

# # #

An Ohio physician who owned a Dayton-area medical practice pleaded guilty today for illegally distributing opioids.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney David DeVillers of the Southern District of Ohio, Special Agent in Charge Keith Martin of the Drug Enforcement Administration’s (DEA) Detroit Division, Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office and Special Agent in Charge William C. Hoffman of the FBI’s Cincinnati Field Office made the announcement.

Morris Brown, M.D. 75, of Dayton, pleaded guilty to one count of unlawful distribution of controlled substances before U.S. District Judge Walter Rice of the Southern District of Ohio. Brown is scheduled to be sentenced by Judge Rice on May 8.  

As part of his guilty plea, Brown admitted that he prescribed controlled substances to patients in amounts and for lengths of time that were outside the scope of legitimate medical practice.  Brown also admitted that he routinely prescribed controlled substances to patients even though various “red flags” suggested that he should stop writing those prescriptions, change the prescriptions and/or counsel patients accordingly.  Further, Brown admitted that he prescribed dangerous combinations of drugs known to heighten the risk of overdose and death.

Brown owned the building in which his practice operated, and leased space in the building to a pharmacy named Dayton Pharmacy through which the vast majority of his prescriptions were filled.  Brown admitted to distributing approximately 73.5 kilograms of opioids by converted drug weight.

Brown no longer maintains a DEA registration.

Brown was charged along with Ismail Abuhanieh, 50, of Phoenix, Arizona; Mahmoud Elmiari, 44, of Bellbrook, Ohio; Yohannes Tinsae, 48, of Beavercreek, Ohio; and Mahmoud Rifai, 50, of Detroit, Michigan in April 2019.  All four of Brown’s co-defendants were charged for their roles in agreeing to obtain controlled substances for Dayton Pharmacy by fraud or misrepresentation.  Elmiari and Tinsae have entered guilty pleas and are scheduled for sentencing on May 13, 2020.  Abuhanieh is scheduled for a change of plea on March 10, 2020.  Rifai is the subject of an active arrest warrant.

All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The DEA, FBI, HHS-OIG, Ohio Attorney General’s Office, Ohio Bureau of Worker’s Compensation and Ohio Board of Pharmacy investigated the case.  Trial Attorneys Chris Jason, Tom Tynan and Leslie Garthwaive of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force.  Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills.  The Health Care Fraud Unit, in general, maintains 15 strike forces operating in 24 districts, and has charged nearly 4,200  defendants who have collectively billed the Medicare program for more than $15 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.  

COLUMBUS, Ohio – A federal grand jury has charged Hassan and Abdurahim Nuriso, owners of the Somali specialty market Towfiq Market on Sullivant Avenue, with conspiring to commit food stamp and WIC fraud. The brothers redeemed more than $10 million in SNAP and WIC benefits at their store between 2010 and 2019.

 

As part of the alleged conspiracy, brothers Hassan and Abdurahim Nuriso converted illegally obtained food stamp benefits, WIC coupons and WIC electronic benefits into money, in order to use the money for other purposes.

 

The five-count indictment filed today also alleges the defendants allowed SNAP and WIC beneficiaries to purchase items that were not redeemable through the food stamp or WIC programs.

 

In total, Hassan and Abdurahim Nuriso are alleged to have redeemed in excess of $8 million of SNAP benefits and nearly $2.1 million in WIC benefits at Towfiq Market between 2010 and November 2019. The government alleges a majority of those redemptions were fraudulent.

 

The government is seeking to forfeit more than $200,000 in this case. Approximately $18,650 in cash was seized during a federal search and seizure warrant at one of the Nuriso brother’s homes in Grove City in November 2018.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Anthony V. Mohatt, Special Agent in Charge, U.S. Department of Agriculture, Office of Inspector General, announced the charges. Assistant United States Attorney David J. Bosley is representing the United States in this case.

 

An indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.

 

# # #

DAYTON – Ethan Kollie, 24, of Kettering, a friend of the Dayton mass shooter Connor Betts, was sentenced in U.S. District Court today to 32 months in prison for illegally possessing firearms and lying on federal firearms form 4473.

 

Kollie pleaded guilty to the crimes in November 2019.

 

Federal agents interviewed Kollie on Aug. 4, 2019, in connection to the mass shooting earlier that day in Dayton.

 

During searches of Kollie and his residence, law enforcement officers recovered a micro Draco pistol, which was loaded with 30 rounds of ammunition, marijuana, psychedelic mushrooms, additional weapons, ammunition, drug paraphernalia and psychedelic mushroom grow equipment.

 

When purchasing the micro Draco pistol in May 2019, Kollie lied on an ATF form asking if he was an unlawful user of or addict to marijuana or any other controlled substance. Kollie answered no, when in fact he knew he was an unlawful user of marijuana and psychedelic mushrooms.

 

Kollie illegally possessed at various times four firearms in total, namely, the micro Draco pistol, a 9mm handgun, a 38 Special revolver, and an AM-15 semi-automatic rifle. The micro Draco pistol and the AM-15 are both semi-automatic weapons and could accept more than 15 rounds of ammunition.

 

Kollie helped Betts assemble the AM-15 used in the mass shooting and the two practiced firing the gun at a local shooting range. The assembly and practice shooting constitute two separate illegal possessions by Kollie of the gun.

 

“Kollie will forever be connected to the tragic events of August 4, 2019, in Dayton, Ohio,” said U.S. Attorney David M. DeVillers. “He bought the upper receiver to the AM-15, a 100-round double drum magazine and body armor for Betts. We will chase down the origins of all weapons used in violence and hold all accountable for their crimes.”

 

 

DeVillers is joined by Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Jonathan McPherson, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Dayton Police Chief Richard S. Biehl in announcing the sentence imposed today by Senior U.S. District Judge Thomas M. Rose. First Assistant United States Attorney Vipal J. Patel and Deputy Criminal Chief Dominick S. Gerace are representing the United States in this case.

 

# # #

CINCINNATI – Raul Trejo, 54, of Middletown, was sentenced to 168 months in prison for laundering money as part of a Middletown drug conspiracy tied to the Sinaloa Drug Cartel in Mexico.

Trejo was one of 12 individuals charged by a federal grand jury in Cincinnati in a narcotics and money laundering conspiracy. Members of the group distributed fentanyl from Mexico in Middletown and sent proceeds back to Mexico. Trejo’s role was to collect and package cash he received from ringleader Donte Holdbrook, who was in charge of selling the fentanyl, and see that it was taken back to Mexico to buy more fentanyl. Investigators documented multiple transactions including one involving three shoeboxes containing nearly $200,000 in cash during a transaction in November 2016.

Holdbrook, the Middletown ringleader, pleaded guilty in October 2018 and is awaiting sentencing. He faces at least 10 years and up to life in prison.

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Office, Police Chief Eliot K. Isaac, Middletown Police Chief Rodney Muterspaw, Preble County Prosecuting Attorney Martin P. Votel and Ohio State Highway Patrol Superintendent Col. Paul A. Pride announced the sentence handed down by U.S. District Judge Timothy S. Black. District Criminal Chief Karl Kadon and Assistant U.S. Attorney Kenneth L. Parker are representing the United States in this case.

# # #

COLUMBUS, Ohio – A Columbus man offered his guilty plea in U.S. District Court today to four crimes related to the sexual exploitation of minors. The man chatted with minor females located throughout the country on Instagram, Snapchat and other social media sites and requested that the girls send him videos of themselves engaged in sexual acts.

 

Specifically, Michael T. Sutherin, 21, agreed to plead guilty to two counts of coercing a minor and two counts of receiving child pornography.

 

Sutherin met minor females through Instagram, Snapchat, Kik and Telegram and coerced at least four 12 to 15 year olds to engage in sexual activities on video.

 

Forensic examination of Sutherin’s phone and laptop confirmed that Sutherin had used social media to solicit minor girls for sexually explicit videos and images of themselves. Sutherin also used social media to request and trade child pornography.

 

Review of Sutherin’s conversations with the girls show that he instructed the minors to call him “daddy.”

 

The parties involved in this case have recommended a prison sentence of 12 years.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio, and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea offered today before U.S. Magistrate Judge Norah McCann King. Assistant United States Attorneys Heather A. Hill and S. Courter Shimeall are representing the United States in this case.

 

# # #

COLUMBUS, Ohio – A Columbus man was sentenced in federal court today to 11 years in prison for distributing child pornography.

 

Michael D. Moore, 29, posed as a minor female on Facebook and sent child pornography files to a 14-year-old female.

 

Moore was a registered sex offender in Franklin County, as the result of a 2012 conviction for pandering sexually oriented matter involving a minor and importuning. In that case, Moore posed as a minor male on Facebook. After initially receiving a state community control sentence, Moore violated probation and was sentenced to nearly five years in prison.

 

Moore engaged in the federal offense conduct in this case seven months after being released from state custody, while he was still on state parole.

 

According to court documents, in September 2018, the Ohio Internet Crimes Against Children (ICAC) Task Force forwarded two CyberTipline reports it had received from the National Center for Missing and Exploited Children (NCMEC) to the Franklin County ICAC Task Force.

 

Facebook and Google had each submitted tips to NCMEC regarding the uploading of child pornography images from Moore’s accounts.

 

Search warrants revealed explicit conversation between Moore (who was posing as a 12-year-old girl) and a 14-year-old on Facebook. Moore claimed to be the child in the pornography he shared with the victim.

 

During a search of Moore’s residence, investigators discovered four cell phones. One cell phone contained child pornography images. Three of the phones had password protection that initially prevented forensic examination and Moore refused to provide password information for the phones. Later access to two of those phones revealed additional child pornography files and a different online conversation with a victim who was 15 years old.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Vance Callender, Special Agent in Charge, Homeland Security Investigations (HSI); Ohio Attorney General Dave Yost; and Franklin County Sheriff Dallas Baldwin announced the sentence imposed by U.S. District Court Judge Sarah D. Morrison. Assistant United States Attorney Heather A. Hill is representing the United States in this case.

 

 

# # #

 

CINCINNATI – A Cincinnati police officer was arrested today and charged with making a false statement to federal agents and filing false tax returns.

Quianna Campbell, 39, of Cincinnati, appeared in federal court on the charges at 3pm today, at which point the charges against her were unsealed.

According to court documents, the Cincinnati Police Department and IRS Criminal Investigation began investigating Campbell for various criminal offenses related to financial benefits she received as a result of her employment with the department.

Campbell has been employed with the Cincinnati Police Department for 11 years.

As part of an ongoing investigation into alleged money laundering and other crimes associated with area nightclubs, investigators discovered text message conversation between Campbell and a nightclub owner.

Campbell allegedly responded to a text from the nightclub owner asking if an individual was an undercover officer. According to the affidavit filed in support of the criminal complaint, Campbell confirmed via text message that the person was an undercover officer and discussed with the club owner the possible reasons that the police department might investigate the nightclub.

When federal agents questioned Campbell about the text conversation, she allegedly lied to the agents. Campbell told the agents she would never confirm if an individual was a police officer because if they were working in an undercover capacity it would put them in danger.

Campbell also allegedly failed to report on her federal tax returns cash income that she earned working off-duty details.

According to police records, Campbell earned more than $81,000 total working off-duty details in 2015, 2016 and 2017. She did not report an accurate income when filing her taxes.

Making a false statement to a federal agent in punishable by up to five years in prison. Willfully filing a false tax return carries a potential maximum penalty of up to three years in prison. Congress sets the maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

David M. DeVillers, United States Attorney for the Southern District of Ohio; Bryant Jackson, Special Agent in Charge, Internal Revenue Service-Criminal Investigation; and Cincinnati Police Chief Eliot K. Isaac announced the charges. Assistant United States Attorney Kenneth L. Parker is representing the United States in this case.

A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.

# # #

COLUMBUS, Ohio – Three Columbus men pleaded guilty today as part of a gang-related racketeering conspiracy. Each of the men accepted responsibility for their roles in three separate murders.

 

Two other defendants have also agreed to plead guilty in this case and will appear before the Court next month.

 

The five men are part of 19 defendants charged as members and associates of the Trevitt and Atcheson Crips gang known as T&A.

 

The gang derived its name from Trevitt and Atcheson streets in the King-Lincoln District of Columbus, where its members predominantly reside.

 

Beginning in June 2010, T&A members and associates conspired in a racketeering enterprise and engaged in murders, attempted murders, drug trafficking, firearms trafficking, witness tampering, robbery, assault and other crimes.

The gang controlled the neighborhood through intimidation, fear and violence. Gang members were expected to retaliate with acts of violence when their members and associates were disrespected, threatened, intimidated or subjected to acts of violence.

 

Specifically, co-conspirators are charged with five murders:

the murder of Franky Tention on July 1, 2012, in the area of 431 Ellison Street;

the murder of William Moore on March 15, 2013;

the murder of Marvin Ector on December 23, 2013, on East 5th Avenue;

the murder of Quincy Story on January 24, 2015; and

the murder of Deaonte Fisher on March 4, 2016.

 

Terrell Hansard, 22, also known as “T Body,” pleaded guilty in U.S. District Court today to participating in a racketeering conspiracy, conspiring to traffic drugs and murder in aid of racketeering. Hansard accepted responsibility for his role in the March 2016 murder of 7-year-old Deaonte Fisher. The boy was a bystander in a shooting between rival gang members.

 

Hansard also distributed and possessed with the intent to distribute between 280 and 840 grams of crack cocaine as part of T&A’s West Virginia drug operation.

 

Brandon Martin, 27, also known as “Gunner,” pleaded guilty to participating in the racketeering conspiracy and murder in the aid of racketeering. According to his court documents, Martin shot and killed rival gang member William Moore in March 2013 on Mount Vernon Avenue. Martin was involved in another gunfight the next day, shooting at a number of other rival gang members and striking one of them.

 

Charles Carson, 24, also pleaded guilty today in federal court in Columbus. Carson pleaded guilty to participating in the racketeering conspiracy and took responsibility for the January 2015 murder of Quincy Story. Carson shot and killed Story on S. James Road in Columbus. Story was perceived as disrespecting a fallen associate of a T&A subgroup called Waun Gang.

 

Plea agreement documents have been filed on behalf of two other T&A defendants: Deswan “Dezzy” Robinson and Michael Watson.

 

Robinson has offered to accept responsibility for his role in the murder of William Moore in March 2013. The Court will consider his plea at a hearing on March 11.

 

Watson has agreed to plead guilty to participating in a racketeering conspiracy and conspiring to distribute controlled substances, including responsibility for his role in the December 2013 murder of Marvin Ector. He is scheduled to appear before the Court on March 18.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Columbus Police Chief Tom Quinlan; United States Marshal Pete Tobin and Franklin County Prosecutor Ron O’Brien announced the pleas. Assistant United States Attorneys Kevin W. Kelley and Noah R. Litton are representing the United States in this case.

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CINCINNATI – The founder, owner, CEO and president of a Cincinnati nonprofit appeared in federal court this week on allegations he used thousands of dollars for personal expenses instead of paying over payroll taxes to the IRS.

 

Hope 4 Change, an agency that provided housing and care for adults with developmental disabilities, drug addiction problems and mental disorders, employed between 120 and 180 individuals in 2013 and 2014.

 

Barry Rene Isaacs, the founder, owner, CEO and president of the non-profit, allegedly caused Hope 4 Change to spend thousands of dollars for clothing, massages, beauty care, travel and personal vehicles for Isaacs and his family.

 

According to the indictment, Hope 4 Change withheld FICA taxes from its employees’ paychecks but did not pay over the employment taxes to the IRS for five quarters in late 2013 and 2014. 

It is also alleged Isaacs, 34, of Cincinnati, fraudulently applied for an auto loan and credit card using someone else’s social security account number.

 

Specifically, Isaacs is charged with five counts of willfully failing to pay over employment taxes, one count of obstructing justice, two counts of falsely representing a social security number and one count of aggravated identity theft.

 

After fleeing the jurisdiction, Isaacs was apprehended by the United States Marshals Service in Texas on Jan. 30, 2020. Isaacs appeared for arraignment in federal court in Cincinnati on Feb. 10. He remains in custody.

 

Teela Gilbert, 34, of Cincinnati, Hope 4 Change’s vice president, “student affairs” director and office manager has also been charged. Gilbert is charged with obstructing justice in connection to the investigation of the tax fraud.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Bryant Jackson, Special Agent in Charge, Internal Revenue Service-Criminal Investigation, Cincinnati Field Office; and Tracey Thanos, Special Agent in Charge, Social Security Administration Office of Inspector General, announced the charges. Assistant United States Attorney Ebunoluwa A. Taiwo is representing the United States in this case.

 

An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

 

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DAYTON – The former director of Dayton’s Minority Business Assistance Center pleaded guilty today to accepting a thing of value in connection with a local government.

 

According to court documents, RoShawn Winburn, 46, disclosed internal information regarding minority-owned, woman-owned and small disadvantaged business contracts to a local business owner who hoped to obtain contracts with the City of Dayton.

 

Between July 2015 and July 2016, Winburn accepted cash payments totaling more than $6,500 from the individual in exchange for internal City of Dayton documents with restricted public access.

 

Winburn met the individual at a downtown Dayton bar to provide information regarding contracts and receive cash.

 

Clayton Luckie, Brian Higgins, Steve Rauch, Joyce Cameron and James Cameron have also been charged in connection to this case. Luckie was sentenced in November 2019 to four months in prison for mail fraud. Williams was sentenced in January 2020 to 12 months in prison.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Ohio Attorney General Dave Yost and Ohio Auditor of State Keith Faber announced the plea entered into today before Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorneys Brent G. Tabacchi and Dominick S. Gerace are representing the United States in this case.

 

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CINCINNATI – The owner of a Cincinnati-based construction company pleaded guilty to fraudulently obtaining employee safety training certificates and embezzling from the company’s pension benefit program. Ron Craig Estes, owner of R&R Steel, LLC, pleaded guilty before U.S. District Judge Timothy S. Black to one count of mail fraud and one count of theft from an employee benefit plan.

 

According to the plea agreement, Estes devised a scheme in 2015 to skirt Occupational Safety and Health Administration (OSHA) requirements by buying fake employee training certifications in order to compete for a contract to provide steel installation and other work for the 8th and Sycamore project in Cincinnati. Estes paid $800 for 10 fake training certificates to avoid the costs and time associated with ensuring that all of the company’s employees had completed appropriate safety training. R&R received the $450,000 contract to do the work.

 

Court documents also say Estes embezzled between $15,000 and $40,000 from the company’s 401(k) retirement benefit plan established for the workers. Estes completed distribution forms for workers who had left the company and forged the participant’s signature on the distribution checks in order to cash the checks for his own benefit and use.

 

In addition to entering his guilty pleas before Judge Black on January 28, Estes agreed to a money judgement of $25,000, and to pay restitution to any victims as determined by the court at sentencing. Mail fraud is punishable by up to 20 years in prison and embezzlement has a statutory maximum sentence of five years. The court will determine a sentence based on federal sentencing guidelines which take into account the amount of loss, the number of victims and the victims’ vulnerability.

 

Sentencing has been set for May 13th.  Victims are encouraged to contact Victim Witness Specialist Krista Zeller, at Toll Free: 888-283-5715 or Krista.Zeller@usdoj.gov, by March 3 for more information about submitting claims for restitution.

 

U.S. Attorney DeVillers and the U.S. Department of Labor Office of Inspector General and Employee Benefits Security Administration announced the plea. Assistant United States Attorney Ebunoluwa Taiwo is representing the United States in this case.

 

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CINCINNATI – A federal grand jury has charged a 78-year-old Cincinnati man with sexually exploiting a toddler.

 

Thomas Winkelbach was charged with two counts of sexually exploiting children and one count of possessing child pornography.

 

According to the indictment, in or about 2014 to 2015, Winkelbach coerced a victim who was 1 to 2 years old at the time to engage in sexually explicit conduct and created pictures of the abuse. Winkelbach allegedly created five pornographic photographs of the child.

 

When investigators searched Winkelbach’s computer, they also allegedly found other images of child pornography including images of children younger than 12.

 

Sexually exploiting a child is a federal crime punishable by 15 to 30 years in prison. Possessing child pornography carries a potential maximum sentence of 20 years in prison Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

Winkelbach remains in custody pending trial.

 

The Hamilton County Sheriff’s Office and Cincinnati Police Department’s Regional Electronics Computer Investigations (RECI) Task Force investigated this case.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Hamilton County Sheriff Jim Neil; and Cincinnati Police Chief Eliot K. Isaac announced the charges returned yesterday. Assistant United States Attorney Kyle J. Healey is representing the United States in this case.

 

An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.

 

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DAYTON – A former Dayton City Commissioner was sentenced in U.S. District Court today to 12 months in prison for accepting a thing of value in connection with a local government.

 

Joey D. Williams pleaded guilty to the crime in September 2019. As part of his sentence, Williams was also ordered to pay $28,000 in restitution.

 

Williams served as an elected commissioner of the City of Dayton from 2001 until 2018. In 2015, Williams accepted a construction project at his personal home by an individual for a greatly reduced price in exchange for influencing the awarding of city contracts to that same individual.

 

The individual’s business was subsequently awarded at least $150,000 in contracts with both the City of Dayton and CityWide Development Corporation, a non-profit organization that functioned as a development and financing arm of the City of Dayton. CityWide routinely awarded thousands of dollars in contracts to private companies for the demolition of homes in Dayton.

 

Williams accepted more than $35,000 in free benefits from the individual, including cash payments and the construction of a patio at his home.

 

In an attempt to conceal the fraud, Williams demanded the individual create a fake invoice, falsely reflecting that Williams had personally paid the individual for the home improvement project.

 

Others charged include RoShawn Winburn, Clayton Luckie, Brian Higgins, Steve Rauch, Joyce Cameron and James Cameron. Luckie was sentenced in November 2019 to four months in prison for mail fraud.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Ohio Attorney General Dave Yost and Ohio Auditor of State Keith Faber announced the sentence imposed by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorneys Brent G. Tabacchi and Dominick S. Gerace are representing the United States in this case.

 

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