Southern District of Ohio

As I typed this out, I received an email from the Franklin County Coroner, Dr. Anahi Ortiz. She let me know that there were seven overdose deaths in Franklin County this weekend. Unfortunately, this is not the worst email I have received from Dr. Ortiz. In September, there were ten overdose deaths in one day.

 

Statistically, it is highly likely that this weekend’s deaths were the result of one drug: Fentanyl.

 

Fentanyl is an extremely powerful synthetic opioid. It was originally manufactured to manage the most severe pain. Licit Fentanyl is made by pharmaceutical companies and is legally used in hospitals and hospice care. According to the DEA, pharmaceutical Fentanyl is well guarded and rarely makes it into the black market to be abused. 

 

However, illicit Fentanyl and its analogues are made in labs in China and Mexico and smuggled into the United States. This illicit Fentanyl and its analogues are driving today’s illegal drug trade and they, along with other opioids, are by far the most deadly illicit drugs in American history. In 2017, almost 50,000 Americans died from opioid overdoses. 

 

Fentanyl is 50 times more powerful than pure heroin. A few grains the size of salt can kill the average person. People have died by simply touching it. Traditionally, it is mixed or “cut” with heroin, and most heroin addicts know, and even desire, this. A drug dealer can take 100 grams of heroin, 18 grams of fentanyl, and 882 grams of caffeine and create a kilogram (1000 grams) of what amounts to be pure heroin. This increases the drug dealer’s profit by nearly 900%. If this seems exacting – it is! If a drug dealer does a poor job and adds even a few additional grams of Fentanyl, even long-time heroin addicts can – and do – die. 

 

I would like to say the opioid crisis is getting better. However, in Franklin County and in much of Ohio, it is getting worse – and more deadly, due to Fentanyl-related drugs. In the first nine months of 2019, there were 421 overdose deaths in Franklin County. This is 15% higher than in the previous year. Fentanyl-related drugs were responsible for 83.6% of these deaths. 

 

The most disturbing trend is that over a third of these overdose deaths were due to cocaine laced with Fentanyl-related drugs. This was almost unheard of a few years ago. Cocaine is a stimulant, while heroin and Fentanyl are depressants. However, they all create a sense of euphoria. Unlike heroin consumers, it is likely that most people consuming cocaine laced with Fentanyl don’t know it is laced with Fentanyl. Worse still, those people have not built up a tolerance for Fentanyl and are more likely to overdose. Like heroin, drug dealers make far more of a profit by cutting cocaine with Fentanyl. When they cut it poorly, people die. 

 

Fentanyl analogues are created by drug cartels to circumvent U.S. drug laws. Labs in China and Mexico simply change a single molecule in the chemical structure of Fentanyl, creating an analogue that is just as powerful and sometimes more powerful than Fentanyl. But it is legally not Fentanyl. Many of the opioids found in the Southern District of Ohio are in fact Fentanyl analogues. 

 

For a time, while Fentanyl was illegal without prescription, its analogues were not. The class of Fentanyl analogues were not made illegal in the United States until 2018 when they were designated a Schedule I controlled substance. That designation, however, expires on February 6.  The Senate has recently passed legislation approving a 15-month extension on the designation.  The House has not yet approved the legislation and if they do not, all Fentanyl analogues will become legal on February 6. 

 

CALL TO ACTION: The House should act quickly to pass this extension and both Houses of Congress should work together to make all Fentanyl-related drugs a permanently designated Schedule I controlled substance. Or, and I’m sorry to put it so bluntly, we may need to build more morgues. 

 

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DAYTON – Today the Sixth Circuit Court of Appeals filed an opinion vacating a one-day sentence that the U.S. Attorney’s Office appealed as unreasonably low in a child exploitation case.

 

Andrew Demma, 41, of Dayton, pleaded guilty in June 2017 to possessing child pornography involving pre-pubescent minors.

 

According to the Court of Appeal’s opinion, the FBI obtained and executed a search warrant in August 2015 at Demma’s residence and seized several electronic devices from the residence, finding more than 3,600 images and 230 videos of child pornography in Demma’s possession. Many of the images depicted adult men raping and otherwise sexually abusing pre-pubescent girls.

 

Demma was sentenced in October 2018 to one day in prison (under Bureau of Prison rules, the day on which Demma was processed by the Marshals following his arrest would have constituted the “one day” in prison).

 

At sentencing, psychologists testifying on behalf of the defense stated Demma’s use of child pornography stemmed from results of combat trauma during deployments with the United States military in Iraq. The Court of Appeals in its ruling specifically noted, however, “that there is no evidence in the record to support the proposition that military veterans suffering from PTSD typically become addicted to child pornography.”

 

Following sentencing, the government appealed, arguing that the effectively non-custodial sentence was unreasonably low.

 

The Sixth Circuit Court of Appeals took note of the size and nature of Demma’s child pornography collection and the fact he accessed child pornography on a daily basis by the use of complex software. The Sixth Circuit opinion also emphasized the serious and continuing harm inflicted upon victims of child pornography, and the need for sentences in this area to deter similar offenses.

 

Today’s opinion vacates Demma’s sentence, and the case has been sent back to the district court for re-sentencing.  No re-sentencing date has been set as yet.

 

Appellate Chief Mary Beth Young argued the appeal on behalf of the United States. Demma’s criminal case was investigated by the FBI and prosecuted by Assistant Deputy Criminal Chief Laura I. Clemmens and Assistant United States Attorney Andrew J. Hunt.

 

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CINCINNATI – A Florida man is the first of 12 charged in Cincinnati in a moving company racketeering conspiracy to plead guilty in U.S. District Court. Members of the racketeering conspiracy defrauded, extorted, and stole from customers who hired companies controlled by the moving enterprise to move customers’ household goods.

 

Vladimir Pestereanu, 30, of Sunny Isles Beach, Fla., pleaded guilty this afternoon to participating in the racketeering conspiracy.

 

As part of his plea, Pestereanu, who is also known as “Vova,” admitted that beginning in May 2015, he participated in the racketeering activity as a foreman in a West Chester, Ohio warehouse kept on behalf of the criminal enterprise.

 

Pestereanu knew that it was the practice of the enterprise to charge customers for moving more cubic footage of household goods than were actually loaded by members of the enterprise. Pestereanu also knew members of the enterprise were refusing delivery of some customers’ household goods based on fraudulent charges that were added after customers’ goods were loaded by the enterprise.

 

The defendant participated directly in mail fraud and extortion. He demanded from customers additional payment based on fraudulently inflated cubic footage.

 

In total, the conspiracy is valued at between $1.5 million and $3.5 million.  

 

Participating in a racketeering conspiracy, as defined in this case, is punishable by up to 20 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; Andrea Kropf, Regional Special Agent-in-Charge, Midwestern Regional Investigations Office, Office of Inspector General, U.S. Department of Transportation (USDOT); and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea entered into today before U.S. District Judge Timothy S. Black. Assistant United States Attorneys Megan Gaffney Painter and Matthew Singer are representing the United States in this case.

 

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Comprehensive Pain Management Institute and its owner, Leon Margolin, M.D., have agreed to pay the United States $650,000 to resolve False Claims Act allegations that they knowingly billed Medicare for nerve conduction studies and alcohol/substance abuse assessments and interventions (SBIRT) that were medically unnecessary or not provided as billed, the Justice Department announced today.  Margolin is a pain management physician in Columbus, Ohio. 

“Billing Medicare for unnecessary services undermines the integrity of this important federal healthcare program and squanders taxpayer funds,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “The Department will continue to work with its law enforcement partners to protect Medicare and its beneficiaries.”

Nerve conduction studies are used to measure how fast an electrical impulse moves through a person’s nerve.  Electromyography is the study and recording of electrical activity in a person’s muscles.  This testing is invasive in that it requires needle electrode insertion and adjustment at multiple sites.  Performed together, the tests identify the presence and location of diseases that damage nerves and muscles.  When a nerve conduction study is performed alone, the results can often be misleading, and it is considered medically unnecessary, except in limited circumstances not present here.  SBIRT is an early intervention targeting those with substance abuse to provide effective strategies prior to the need for more extensive treatment.  The government alleged that Margolin and his clinic billed Medicare for nerve conduction studies for patients who did not need them and without performing electromyography and for alcohol and/or substance assessments that were not necessary because the patients had no history of drug or alcohol abuse or where the services were not provided as billed.   

“Attempting to make a profit by knowingly submitting false claims to Medicare will cost you in the end,” said U.S. Attorney David M. DeVillers of the Southern Disitrict of Ohio. “The U.S. Attorney’s Office remains committed to pursuing improper billing practices by doctors and other medical providers, and will hold them to their obligation to treat Medicare beneficiaries in an ethical manner, and request reimbursement from Medicare in accordance with all applicable rules and regulations.”

The allegations resolved by today’s settlement were identified by a government investigation that arose out of a critical analysis of Medicare claims data.  The government’s settlement in this matter illustrates its emphasis on combating health care fraud.  One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

The matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Southern District of Ohio, and the Department of Health and Human Services Office of Inspector General. 

The claims asserted against this defendant are allegations only, and there has been no determination of liability.

CINCINNATI – A local registered sex offender has been charged federally with sexually exploiting a minor and possessing child pornography.

 

Nicholas J. Veerkamp, 28, of Colerain Township, was arrested yesterday and appeared in federal court today for allegedly taking explicit photographs of a child while she slept.

 

According to the criminal complaint and supporting affidavit, Colerain Township police received information in November 2019 alleging Veerkamp possessed sexually explicit photos of a known female minor on his laptop.

 

Further investigation of his computer revealed photographs depicting Veerkamp exposing and photographing a 9-year-old child from Indiana while she slept. A forensic examination of the photographs completed by the Hamilton County Sheriff’s Office – Regional Electronic Crimes Investigation unit indicates the images were created in October 2017.

 

At the time, Veerkamp was on local probation. He was charged in 2015 with unlawful sexual conduct with a child. He pleaded guilty in that local case to sexual imposition and was required to register as a sex offender.According to the complaint, Veerkamp did not register the address at which he was residing in Colerain Township.

 

This case was investigated by the FBI’s Child Exploitation Task Force.

 

Sexually exploiting a minor is a federal crime punishable by 25 to 50 years in prison when a defendant has prior sexual crime convictions. Possessing child pornography carries a potential sentence of 10 to 20 years when a defendant has prior sexual crime convictions. 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, and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Colerain Township Police Chief Mark C. Denney; and Hamilton County Sheriff Jim Neil announced the charges. Assistant United States Attorney Kyle J. Healey 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.

 

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DAYTON – David M. DeVillers, U.S. Attorney for the Southern District of Ohio, honored the work of 11 district employees by presenting them with the 2019 U.S. Attorney’s Awards for Outstanding Performance.

 

“These individuals continually demonstrate the willingness to go above and beyond the call of duty in order to bring justice on behalf of the people of southern Ohio,” said U.S. Attorney DeVillers.

 

Those receiving recognition are:

 

• Brent G. Tabacchi for Outstanding Performance by an Assistant U.S. Attorney.

 

Mr. Tabacchi carried the largest caseload in the Dayton office in 2019, spanning almost every substantive area of federal criminal law. In 2019, he was responsible for federal charges against 60 defendants in 34 cases, including Dayton City Commissioner Joey Williams, who pleaded guilty to public corruption, and against 19 defendants in a large drug trafficking investigation. Tabacchi also helped bring federal charges that could carry the death penalty against three defendants in connection with the murder of DEA Task Force Officer Jorge Del Rio. Tabacchi’s 2019 contributions to the community in the enforcement of drug laws led to the seizure of more than 50 kilograms of fentanyl, heroin or mixtures thereof. In addition, he presented arguments before the U.S. Sixth Circuit Court of Appeals, and won a jury conviction of a defendant on weapons charges who claimed that the DEA authorized him to commit non-violent offenses. 

 

• Appellate Chief Mary Beth Young, Assistant U.S. Attorney Kimberly Robinson, and Paralegal Laura Griffin for Outstanding Performance by a Litigative Team.

 

This appellate team is recognized for its extraordinary handling of the complex appeals stemming from the Short North Posse criminal trials. The team briefed and argued two separate appeals, ultimately resulting in the affirmance of the vast majority of the convictions and life sentences in the case. The appeals were lengthy and contentious. The five defendants tried jointly filed a 200-page consolidated opening brief. Ms. Young led the District’s response, with Ms. Robinson serving as co-counsel and Ms. Griffin providing paralegal assistance, which included pouring over extensive trial evidence and listening to voluminous recording. Ms. Robinson handled the lead defendant’s separate appeal, stemming from his separate trial. The court held oral arguments in both appeals, including a lengthy oral argument on the consolidated appeal involving five separate defense counsel arguing against Ms. Young, before ruling in the government’s favor. 

 

• AUSAs Ken Affeldt, Maritsa Flaherty, and Tim Oakley, and Paralegal Kelly Terry for Outstanding Contribution to the Mission of the U.S. Attorney’s Office.

 

The four individuals are recognized for their extraordinary work in 2019 in combatting the opioid epidemic in Ohio. During this past year, members of this group brought to indictment the Miami-Luken case, a large and complex prosecution of a significant opioid pill distributor, the company’s executives and certain pharmacists. Ms. Flaherty and Mr. Affeldt successfully tried the Bernard Oppong case and handled sentencing in the related Bryant and Kusi cases, all the while ably assisted by Ms. Terry. They accomplished this, while simultaneously leading the health care fraud task force and handling health care fraud, other pill mill and related cases.

 

• Megan Black for Outstanding Performance in Administration. 

 

As part of a District evaluation, the District underwent a full Human Resources Audit.  Ms. Black led the District’s preparation for the audit, responding to the data and other requests of the auditors, and otherwise addressing the needs of audit. The auditors found no “red flags,” which is significant and reflective of her extraordinary work in the HR field, and the processes she and the Administration team have in place to ensure compliance with the numerous HR-related requirements. At the same time, she “on-boarded” an extraordinary number of new employees.

 

• Krista Zeller for Outstanding Performance in Legal Support.

 

In addition to fulfilling her victim-witness functions with skill and expertise, Ms. Zeller absorbed additional duties, including criminal paralegal functions and administrative tasks. Her willingness to go above and beyond to assist the Cincinnati office during a staffing shortage in 2019 did not go unnoticed and should be commended.

 

• Michelle Gable for Outstanding Performance by a Contract Employee.

 

The Southern District of Ohio typically has at least two asset forfeiture contract employees in the Columbus office. For much of 2019, Ms. Gable was the only asset forfeiture contractor there. She has become a “go-to” resource for the attorneys and other personnel in Columbus on forfeiture matters, assisting with meeting the asset forfeiture needs of the Columbus office with skill and enthusiasm.

 

The U.S. Attorney’s Office serves the approximately 5.5 million residents of 48 counties in Ohio and maintains offices in Columbus, Cincinnati and Dayton. The award ceremony occurred in Dayton.

 

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DAYTON – Julian Patino-Espinoza, 29, was sentenced in U.S. District Court to 36 months in prison for illegally reentering the United States and violating supervised release from his prior federal illegal reentry conviction.

 

This marks Patino-Espinoza’s third illegal reentry conviction. Two of those convictions have occurred in Dayton.

 

Most recently, according to court documents, Patino-Espinoza was deported in November 2018 from the Brownsville, Texas port of entry.

 

In June 2019, Patino-Espinoza was encountered by federal immigration agents at the Clinton County Jail in Wilmington, Ohio where he was being held after arrest for a misdemeanor offense.

 

Likewise, Patino-Espinoza had been encountered by federal immigration agents at the Montgomery County Jail in March 2018, when he was booked there after an arrest for unrelated offenses.

 

In August 2019, Patino-Espinoza pleaded guilty to one count of illegally reentering the United States after being convicted of a felony.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio, and Rebecca Adducci, Field Office Director, U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) announced the sentence imposed by U.S. District Court Judge Walter H. Rice. Assistant United States Attorney Andrew J. Hunt is representing the United States in this case.

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COLUMBUS, Ohio – A defendant in the MS-13 racketeering case was sentenced in U.S. District Court today to 420 months in prison for his involvement in multiple homicides, including the murder of a former confidential informant.

 

Juan Jose Jimenez-Montufar (also known as Chele Trece), 35, of Columbus, pleaded guilty in August 2019. He admitted to his involvement in multiple homicides, including the 2006 murder of a confidential informant who was working with law enforcement agencies in the Columbus area.

 

Jimenez-Montufar 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.

As part of his August guilty plea, Jimenez-Montufar admitted to shooting and killing Jose Mendez in 2006. At that time, Mendez was a confidential informant working with law enforcement agencies in the Columbus area. In December 2006, Jimenez-Montufar and other MS-13 members drove Mendez to a remote location east of Columbus to murder him. Jimenez-Montufar shot Mendez in the head and left his body in Perry County.

Jimenez-Montufar also participated in other homicides, assaulted victims, set fire to an extortion victim’s car, and took part in drug trafficking, extortion and money laundering.

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 Court 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.

 

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CINCINNATI – A federal grand jury has indicted five individuals alleged to be members of one of the most prolific online drug trafficking organizations in the United States. The indictment was returned and unsealed in Cincinnati.

 

According to the 21-count indictment, since 2013, co-conspirators used several Dark Web marketplace accounts and encrypted messaging apps in order to sell illegal drugs online.

 

The defendants allegedly specialized in the manufacturing and distribution of more than one million fentanyl-laced counterfeit pills and laundered approximately $2.8 million over the course of the conspiracy. The pressed fentanyl pills, along with heroin, methamphetamine and cocaine, were shipped to the Southern District of Ohio and throughout the country.

 

Named in the indictment are: Khlari Sirotkin, 36, of Colorado; Kelly Stephens, 32, of Colorado; Sean Deaver, 36, of Nevada; Abby Jones, 37, of Nevada; and Sasha Sirotkin, 32, of California. Each is charged in all 21 counts. Each of the five defendants was arrested in December and has appeared in federal court in Cincinnati.

 

The investigation was coordinated out of the Cincinnati Field Office of the FBI and is part of an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation conducted by the Southern Ohio Digitized Organized Crime Group. Essential support and coordination was provided by the Department of Justice’s multi-agency Special Operations Division (SOD), including assigned attorneys from the Narcotic and Dangerous Drug Section.

This operation was facilitated in conjunction with the Joint Criminal Opioid and Darknet Enforcement (JCODE) team. JCODE is a FBI-led initiative that brings together agents, analysts and professional staff to disrupt the sale of drugs, especially fentanyl and other opioids, on the internet and dismantle criminal enterprises that facilitate this trafficking. The JCODE team consists of the following entities: the Federal Bureau of Investigation, Drug Enforcement Administration, U.S. Postal Inspection Service, Department of Defense, Defense Intelligence Agency, U.S. Customs and Border Protection, US Department of Homeland Security, Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice and Financial Crimes Enforcement Network.

 

The narcotics conspiracy in this case is punishable by 10 years up to life in prison. The money laundering conspiracy is punishable by up to 20 years in prison. Individual counts of distributing and attempting to distribute fentanyl or heroin also carry potential maximum penalties of 20 years in prison. Selling counterfeit drugs is punishable by up to 10 years in prison. Congress sets minimum and maximum statutory sentences. Sentencing of defendants will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

“It doesn’t matter to us if you’re out on the streets or behind a computer screen in the comfort of your own home – if you deal fentanyl, as is alleged here, we will identify you and we will prosecute you to the fullest extent of the law,” said U.S. Attorney David M. DeVillers.

 

“This case demonstrates that as organized criminals leverage technologies such as the Dark Web, encrypted messaging applications, and cryptocurrencies to conceal their illegal activities, the FBI and our partners will employ sophisticated techniques, creative methods, and a joint effort to hold them accountable,” stated FBI Cincinnati Special Agent in Charge Chris Hoffman.

 

“Unscrupulous people who use the darknet as a marketplace for selling and distributing illegal and dangerous prescription drugs will be found,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We are fully committed to disrupting and dismantling illegal prescription drug distribution networks that misuse the internet at the expense of public health and safety.”

 

“Not even the shadowy corners of the Dark Web can provide a safe haven for drug dealers,” said Drug Enforcement Administration Special Agent in Charge Keith Martin. “Law enforcement is committed to tracking down drug traffickers’ distribution networks no matter where they operate.”

 

“Battling the distribution of synthetic drugs via the U.S. Mail is one of the Postal Inspection Service’s highest priorities,” said Inspector in Charge Tommy Coke. “This case proves Postal Inspectors and our law enforcement partners remain steadfast in dismantling organizations which are distributing these illicit and dangerous drugs across the U.S. This case involved hard work and dedication from multiple field divisions for both the USPIS and our partners. We will remain unwavering in our mission to identify and disrupt their illegal activity.”

 

"These individuals are alleged to have trafficked large quantities of highly addictive drugs through our local communities and into our surrounding states,” said Vance Callender HSI Special Agent in Charge for Michigan and Ohio. “This dismantlement of this organization demonstrates HSI’s ability to combat the ongoing epidemic affecting Ohio."

 

“These aren’t street corner drug pushers – this conspiracy allegedly infiltrated our communities and sold fentanyl in the dank depths of the internet and sent it to mailboxes and doorsteps,” Ohio Attorney General Dave Yost said. “Ohioans are safer, thanks to the work of our narcotics agents and federal partners who untangle webs of deception and death.”  

 

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; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Charles L. Grinstead, Special Agent in Charge, U.S. Food and Drug Administration – Office of Criminal Investigations (FDA-OCI), Kansas City Field Office; Tommy D. Coke, Inspector in Charge, United States Postal Inspection Service (USPIS); Vance Callander, Special Agent in Charge, Homeland Security Investigations (HSI); Ohio Attorney General Dave Yost; Cincinnati Police Chief Eliot K. Isaac; and the Ohio National Guard Counterdrug Task Force announced the charges. Criminal Chief Karl P. Kadon 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 – A Dayton man has been charged federally after allegedly shooting a United States Postal Service mail carrier.

 

A federal grand jury has charged Christopher O. Gibson, 47, with assaulting and injuring a United States employee with a deadly weapon and using a firearm during a crime of violence. Gibson allegedly 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.

 

It is alleged that Gibson had threatened the postal worker in the past, causing a prior suspension of mail delivery to Gibson’s home.

 

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 today. He remains in custody.

 

Forcibly assaulting an employee of the United States while engaged in official duties that inflicted bodily injury and committed with a deadly weapon is a federal crime punishable by up to 20 years in prison. Discharging a firearm during a crime of violence is punishable by at least 10 years and up to life 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; Tommy D. Coke, Inspector in Charge, United States Postal Inspection Service; and Dayton Police Chief Richard S. Biehl announced the indictment returned today. Assistant United States Attorney Brent G. Tabacchi 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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CINCINNATI – An Ohio man who pretended to be a missing Illinois boy pleaded guilty in U.S. District Court today to aggravated identity theft.

 

Michael Rini, 23, formerly of Medina, Ohio, was charged by criminal complaint on April 6, 2019 and indicted by a grand jury on April 18, 2019.

 

According to court documents, Newport, Ky. police officers responded to a call on April 3, 2019 in which the caller described Rini as wandering the street, looking confused and in need of assistance.

 

Rini told officers his name was a minor who had been abducted when he was six years old and he “just wanted to go home.”

 

Local authorities confirmed that the identity Rini provided was associated with a missing and possibly abducted child. Specifically, in 2011, the then six-year-old boy went missing from Aurora, Ill.

 

Posing as the missing child, Rini claimed he was 14 and had recently escaped from a hotel room in which two men had been holding him captive. He said he had been sexually and physically abused for years while in captivity and that he was having abdominal pain.

 

Rini was transferred to Cincinnati Children’s Hospital Emergency Room because of the complaint of abdominal pain, and there, FBI task force officers met with Rini to potentially investigate sex trafficking and crimes against children. FBI special agents and a detective from the Aurora, Ill. police department also spoke with Rini.

 

Rini continued to claim to be the missing boy throughout conversations in the hospital. He refused to provide his fingerprints to investigators at Children’s Hospital; however, eventually, he agreed to submit a buccal swab for DNA testing.

 

DNA test results confirmed Rini’s identity. As a prior felon, Rini’s DNA was known to the FBI. Ohio Department of Corrections records indicate Rini was released from an Ohio prison on March 7, 2019.

 

Once law enforcement officers confronted Rini about his true identity, Rini immediately stated he was not the missing child. He said he watched a story about the child on 20/20 and stated he wanted to get away from his own family.

 

Further investigation by the FBI found that Rini had allegedly portrayed himself as a juvenile sex trafficking victim on two prior occasions. In those instances, he was only identified once he was fingerprinted.

 

Aggravated identity theft is a federal crime punishable by a mandatory two-year term of imprisonment. 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; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Robert Brown, Special Agent in Charge, FBI, Louisville, Ky. Division; Cincinnati Police Chief Eliot K. Isaac; Newport Police Chief Thomas Collins; Vance Callender, Special Agent in Charge, Homeland Security Investigations (HSI); Hamilton County Coroner Dr. Lakshmi Sammarco; Hamilton County Sheriff Jim Neil and officials with the Aurora, Ill. Police Department announced the plea entered into today before U.S. District Judge Michael R. Barrett. Assistant United States Attorney Kyle J. Healey and Deputy Criminal Chief Christy L. Muncy are representing the United States in this case.

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COLUMBUS, Ohio – A registered sex offender pleaded guilty today in U.S. District Court to crimes related to sex trafficking a 14-year-old girl. He faces at least 27 years and up to 42 years in prison under terms of his plea agreement.

 

Nicholas Salvadore Cochran, 28, of Lima, Ohio, pleaded guilty to one count of sex trafficking a minor, and one count of committing a sex offense against a minor as a registered as a sex offender.

Cochran was arrested on Aug. 9 as part of Operation Independence Day – a nationwide FBI-led operation to identify and arrest sex traffickers and recover child victims. He has been in custody since his arrest. A federal grand jury indicted him on September 6, 2019.

 

According to court documents, police began searching for a 14-year-old girl reported missing from Celina, Ohio in July 2019. Family members believed her to be in the Dublin, Ohio area with a man named “Nick.” Local law enforcement and the FBI began investigating information known about her to help locate the missing girl. The investigation included examination of ads posted on websites used for advertising prostitution.

 

Investigation of the advertisements revealed that between July 9 and July 14, Cochran posted approximately 25 ads for the Lima-Findlay, Dayton and Columbus areas. He posted ads for sex with the child victim daily, and those ads contained nude photographs of the minor.

 

Allen County Sheriff’s deputies arrested Cochran on a traffic stop in Lima, Ohio on an outstanding failure to appear warrant and seized Cochran’s phone. The victim called her parents from a hotel in Lima and was recovered.

 

Cochran had been convicted of two counts of sexual battery and one count of attempted sexual battery in Henry County, Ohio in 2009.

 

The plea agreement requires Cochran to pay full restitution to the victim and others impacted by the crimes, remain under court supervision for the rest of his life, pay a fine determined by the court and pay special assessments of $10,200 if the court finds that he is not indigent. Judge Michael H. Watson will review the plea and set a date for sentencing.

 

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; Celina Police Chief Thomas Wale; Allen County Sheriff Matthew B. Treglia; Westerville Police Chief Charles Chandler and other members of the FBI’s Child Exploitation Task Force announced the plea entered before U.S. Magistrate Judge Norah McCann King. Assistant U.S. Attorney Heather A. Hill and Special Assistant U.S. Attorney Jennifer Rausch, Legal Director of Ohio Attorney General Dave Yost’s Human Trafficking Initiative represented the United States in this case.

# # #

CINCINNATI – The owner of Evans Landscaping, Inc. was sentenced in U.S. District Court today to 21 months in prison for defrauding the City of Cincinnati and other public entities through fraudulent small business contracts.

 

Doug Evans, 57, of Newtown, Ohio, and Jim Bailey, vice president of operations for Evans Landscaping, were convicted following a jury trial in December 2018. Evans Landscaping, Inc. was also convicted of the fraud scheme. 

 

Evans Landscaping is an Ohio company headquartered in Cincinnati that performs demolition, site-work, grading, hauling, recycling and landscaping services. Given the size and ownership of the company, Evans Landscaping does not qualify as a small business enterprise (SBE).

 

In order to qualify for the City of Cincinnati’s SBE program, a company must be independently controlled, operated and managed by a qualifying individual whose net worth does not exceed certain limits. The program also requires that the company be directly responsible for providing the supplies or services to the City without relying upon others who are not owners or employees of the company.

 

Similarly, the State of Ohio has established an Encouraging Diversity, Growth, and Equity program (EDGE) for economically disadvantaged businesses that are at least 51% owned and controlled by an economically disadvantaged person. The size of the business must not exceed the definition of a “small business.”

 

In 2008, the defendants (along with others) established, controlled and operated a demolition company, Ergon Site Construction, LLC, for the benefit of Evans Landscaping. Ergon’s president and owner, Korey Jordan, had no prior experience in the field but provided IT services for Evans Landscaping. Ergon (with the help of the coconspirators) fraudulently obtained a certification as an SBE contractor with the City of Cincinnati while concealing Evans Landscaping’s involvement in and control over Ergon.  Ergon also fraudulently obtained a State of Ohio EDGE contractor certification as a minority-owned business.

 

Evans and Evans Landscaping provided startup funds to Ergon. Jordan did not make any capital contributions to the establishment of the company.

 

Evans Landscaping personnel prepared and filed the legal documentation to register Ergon as an LLC, created the company’s name and logo, ordered Ergon apparel, and bought equipment labels with Ergon’s logo. 

  

Evans paid Jordan a monthly salary through the Ergon payroll and Evans Landscaping employees handled virtually all of the accounting and office management functions of Ergon. For example:

 

Evans Landscaping officers and employees directed virtually all field and construction operations of Ergon, including on-site supervision and the managing of Ergon field workers.

 

From 2011 through 2014, Ergon bid on and received more than 100 residential demolition contracts with the City of Cincinnati, totaling approximately $1.9 million, by leveraging Ergon’s fraudulent SBE status.

 

In a similar fashion, during the same timeframe, Evans Landscaping bid on State demolition and construction projects – particularly public school, university and municipal projects – by claiming Ergon would provide a percentage of the services and receive part of the funds to be paid.

 

On at least one occasion, Evans Landscaping listed a different subcontractor, won the contract, and performed the work without using, paying or even notifying the EDGE subcontractor named.

 

Specifically, Evans Landscaping, Doug Evans and Bailey were convicted of two counts of conspiracy to commit wire fraud and three counts of wire fraud. 

 

Korey Jordan (president of Ergon), Maurice Patterson (former CFO of Evans Landscaping), John Dietrich (former CFO of Evans Landscaping) and Michael Moeller (former manager at Evans Landscaping) have pleaded guilty in relation to this case. Patterson, Dietrich and Bailey are all scheduled for sentencing later this week.

 

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 Ohio Attorney General Dave Yost announced the sentence imposed today by U.S. District Court Judge Michael R. Barrett. Assistant Deputy Criminal Chief Timothy S. Mangan and Deputy Criminal Chief Emily N. Glatfelter are representing the United States in this case.

#  # #

COLUMBUS, Ohio – Jose Manuel Romero-Parada, 25, formerly of Indianapolis, was sentenced in U.S. District Court today to 480 months in prison.

 

Romero-Parada, also known as “Russo,” 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.

Romero-Parada pleaded guilty in August 2019.  He took responsibility for his role in the murders of Carlos Serrano-Ramos and Wilson Villeda, as well as his involvement in drug trafficking, extortion, money laundering and assault.

As part of his plea, Romero-Parada also accepted responsibility for his role in an additional, unindicted murder that took place in 2017 in Indianapolis.  Israel Anibal Mejia-Martinez was killed and dismembered with bladed weapons and buried in Grassy Creek Regional Park in Indianapolis.  Law enforcement officers from Columbus and Indianapolis found his remains in August 2018.

In 2019, six defendants in this case have been sentenced. A total of 14 defendants have pleaded guilty this year.

The lead defendant, Martin Neftali Aguilar-Rivera (also known as Momia), was sentenced in October to life in prison with no chance of release.  

“The purpose behind the brutality of the murders committed by MS-13 was to send a message to anyone who dare threaten their existence,” said U.S. Attorney David M. DeVillers. “Let this sentence be a message to MS-13 that we are threatening the existence of this transnational criminal organization.”

DeVillers is joined by Joseph M. Deters, Acting 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 Court 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.

 

# # #

COLUMBUS, Ohio – U.S. Attorney David M. DeVillers announced today that the Southern District of Ohio was involved in the collection of approximately $181.5 million over the past fiscal year.

 

The Southern District of Ohio collected more than $98 million in criminal and civil actions in fiscal year 2019. Of this amount, nearly $91.5 million was collected in criminal actions and approximately $6.7 million was collected in civil actions. 

 

Additionally, the Southern District of Ohio worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $79.5 million in cases pursued jointly by these offices.

 

“Our collection figures make clear that our work delivers a significant return on public investment,” said U.S. Attorney DeVillers.

             

The largest single recovery in a criminal case this year involved a fine ordered against GS Caltex Corporation for nearly $46.7 million, which was paid in full.

 

GS Caltex Corporation was one of five South Korean oil companies involved in rigging bids to defraud the U.S. Department of Defense.

 

Throughout the course of a conspiracy that lasted more than a decade, the five South Korean oil companies conspired to raise the price of key contracts that provided fuel on U.S. military bases in South Korea.

 

Assistant United States Attorneys in the Southern District of Ohio worked with the Antitrust and Civil Divisions of the Department of Justice to obtain guilty pleas and criminal fines, civil penalties and damages to the United States totaling more than $350 million.

 

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of numerous federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.

 

The U.S. Attorney’s office, working with partner agencies and divisions, collected approximately $4 milllion in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

 

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

 

###

COLUMBUS, Ohio – The Justice Department’s Office of Justice Programs today announced awards of more than $333 million to help communities affected by the opioid crisis. Nearly $6.1 million will help public safety and public health professionals in the Southern District of Ohio combat substance abuse and respond effectively to overdoses.

With more than 130 people dying from opioid-related overdoses every day, the Department of Justice has made fighting addiction to opioids—including heroin and fentanyl—a national priority. The Trump Administration is providing critical funding for a wide range of activities—from preventive services and comprehensive treatment to recovery assistance, forensic science services and research—to help save lives and break the cycle of addiction and crime.

“The opioid epidemic has ravaged countless communities and tragically shattered too many lives. While we have seen some progress, the Justice Department and U.S. Attorneys’ community remain fully committed to working with our state and local partners to combat this complex and evolving challenge,” said U.S. Attorney David M. DeVillers. “The awards announced today support an array of activities designed to reduce the harm inflicted by these dangerous drugs.”

 

DeVillers explained the grants will help law enforcement officers, emergency responders and treatment professionals coordinate their response to overdoses. Funds will also provide services for children and youth affected by the crisis and will support the nationwide network of drug and treatment courts. Other awards will address prescription drug abuse, expand the capacity of forensic labs and support opioid-related research.

 

The following awards were made to organizations in the Southern District of Ohio:

 

BJA’s Comprehensive Opioid Abuse Site-based Program, which provides financial and technical assistance to state, local and tribal jurisdictions to reduce opioid abuse and fatalities, and mitigate impacts on crime victims.

 

Authorized by the 2016 Comprehensive Addiction and Recovery Act, this program offers grant awards across three focus areas.

 

Category 1 is designed to encourage and support the development of comprehensive, locally driven responses to the opioid epidemic that expand access to supervision, treatment and recovery support services across the criminal justice system; support law enforcement and other first responder diversion programs for non-violent drug offenders; promote education and prevention activities; and address the needs of children impacted by the opioid epidemic. All projects are expected to involve multiple agencies and partners. These awards include:

 

Comprehensive Opioid Abuse Site-based Program: Category 1

Awardee

State:

Awardee:

Amount Awarded:

Ohio

County of Hocking

$600,000

Ohio

Adams County

$600,000

Ohio

Hancock Co Board of Alcohol, Drug Addiction Mental Health Services

$600,000

Ohio

City of Hamilton

$600,000

 

Category 3 awards may be used to establish or enhance a prescription drug monitoring system; facilitate the exchange of information and collection of data on prescriptions and other scheduled chemical products among states; develop a training program for system users; produce and disseminate educational materials; support collaborations between law enforcement, prosecutors, public health officials, treatment providers and drug courts; facilitate electronic information sharing among states in compliance with the Prescription Monitoring Information Exchange National Architecture; expand monitoring to Schedules II, III, IV and V; improve the quality and accuracy of Prescription Drug Monitoring Program data; develop or enhance the capacity to provide unsolicited reports of controlled substance prescribing to authorized individuals or entities; and assess the efficiency and effectiveness of the PDMP program or specific PDMP initiatives. These awards include:

 

Comprehensive Opioid Abuse Site-based Program: Category 3

Awardee State:

Awardee:

Amount Awarded:

Ohio

Ohio State Board of Pharmacy

$1,726,497

 

BJA’s Justice and Mental Health Collaboration Program, which provides financial and technical assistance to facilitate collaborations between criminal justice, mental health and substance abuse treatment systems to serve individuals with mental illness or co-occurring mental illness and substance abuse issues.

 

Justice and Mental Health Collaboration Program

Awardee State:

Awardee:

Amount Awarded:

Ohio

Mental Health Recovery Board of Union County

$595,318

 

Office for Victims of Crime’s Enhancing Community Responses to the Opioid Crisis: Serving Our Youngest Crime Victims. This program expands programs to provide services to children and youth who are victimized as a result of the opioid crisis.

 

Enhancing Community Responses to the Opioid Crisis: Serving Our Youngest Crime Victims

Awardee State:

Awardee:

Amount Awarded:

Ohio

Advocates for Basic Legal Equality, Inc.

$448,222

 

BJA’s Adult Drug Court and Veterans Treatment Court Discretionary Grant Program, which provides financial and technical assistance to states, state courts, local courts, units of local government and tribal governments to develop, implement and enhance drug courts and Veterans Treatment Courts.

 

Category 2 includes enhancement of fully operational drug courts that incorporate the evidence-based principles included in the National Association of Drug Court Professionals’ Adult Drug Courts Best Practice Standards.

 

Adult Drug Court and Veterans Treatment Court Discretionary Grant Program: Category 2

Awardee State:

Awardee:

Amount Awarded:

  Ohio

  Fairfield Co. Municipal Court

$500,000

 

OJJDP’s Juvenile Drug Treatment Court Program awarded grants to provide resources to state, local and tribal governments to create and enhance juvenile drug treatment court programs for youth in the justice system who have substance abuse issues, with a specific focus on opioid abuse.

 

Juvenile Drug Treatment Court Program

Awardee State:

Awardee:

Amount Awarded:

Ohio

Montgomery County Common Pleas Juvenile Division

$400,000

 

NIJ Strengthening the Medical Examiner-Coroner System Program, which addresses the extreme shortage of board-certified forensic pathologists in the United States and aims to improve medical examiner-coroner services by supporting efforts toward agency accreditation.

 

Awardee State:

Awardee:

Amount Awarded:

Ohio

  Butler County Coroner’s Office

$13,751

 

Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.

 

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

 

# # #

COLUMBUS, Ohio – A California man was sentenced here today for crimes involving more than $2 million in Department of Defense contracts.

 

Timothy M. Kelly, 56, of Palos Verdes Estates, Calif., was sentenced to 30 months in prison for conspiring to commit wire fraud and for money laundering. Kelly served as the office manager for Emerson Company, which was owned by Daniel Emerson Norton, 52, formerly of Arlington, Va.

 

Norton was sentenced on Nov. 18 to 96 months in prison.

 

Norton and Kelly fraudulently secured approximately $2.2 million in contracts to provide critical parts to the U.S. Department of Defense, which they then filled with defective parts made in China, in violation of the Buy American Act. In total, Norton and Kelly supplied parts that did not meet military requirements for at least 130 contracts.

 

“The defendants’ actions put our military at risk, which is unfathomable,” IRS Criminal Investigation SAC Bryant Jackson said. “IRS Criminal Investigation followed the flow of money in this case in order to uncover the fraud, and we are proud to work with our law enforcement and military partners to investigate financial transactions that impact our country and our military.”

 

According to court documents, the Department of Defense (DOD) barred Emerson Company from doing business with the U.S. Government in 2011.

 

Between 2011 and 2013, Norton continued to recruit people who either already had companies or were willing to start companies to do his bidding on solicitations and contract with the military to provide parts for the U.S. military. When one of the companies was awarded a purchase order, Norton directed the company to send the purchase order to Emerson Company, which would buy and ship the part directly to DoD. Kelly would instruct the company to invoice DoD for the part.

 

Norton bought the parts from manufacturers in China, even though the contracts required a large number of the parts to be made in the United States.

Until 2012, Kelly primarily conducted spot inspections of parts upon their arrival. In late 2012, Norton took over the responsibility of inspecting a sample part before accepting it from the manufacturer and shipping it to the DoD.

 

The parts Norton and Kelly provided had dimensional defects, material substitutions, incorrect or missing markings, incorrect finishes, improper shapes or styles, mislabeled packaging or poor workmanship and thus failed to conform to the contract requirements. In some cases, contracts called for precise OEM parts and instead the defendants made defective imitation parts overseas.

 

They involved a variety of parts used on military weapon systems including aircraft, vessels, vehicles and Nuclear Reactor programs. Many of the parts were considered Critical Application items, which are essential to weapon system performance or operation, or the preservation of life or safety of operating personnel, as determined by military services.

 

As part of each man’s sentence, Norton and Kelley were ordered to pay $2.38 million in restitution, and forfeit more than $333,000 in the bank account in the name of Emerson Manufacturing Inc. and a $725,000 residence held by Emerson Manufacturing Company in Kihei, Hawaii.

Four other defendants were sentenced this year in a separate scheme to defraud the Department of Defense.

Janay McDonald Ruiz founded JanTech Inc. in 2012 and SoCal Components Place in 2013 with little or no experience, training or education in aircraft, vessel, weapons systems or maintenance. Ruiz’s sister, Raven McDonald, and friends Candace Villar and Niena Johnson, helped operate the companies and their five affiliate companies.

The defendants created and operated four additional companies under different aliases using the names and identities of others after their original companies were debarred in 2013. In one instance, Ruiz used the name and identity of an elderly victim who suffers from dementia. Ruiz opened bank accounts, credit cards and a company to continue to defraud the government.

In sum, the conspiring females created six different companies and entered into more than 1,000 contracts with the government valued more than $2.4 million. The defendants delivered noncompliant, incorrect, used, surplus, refurbished, aftermarket and antiquated parts to the government that were often obtained from unauthorized vendors selling items on the grey and black market. Many of the parts were identified as "Critical Safety Items." Ruiz used her ill-gotten gains to pay for an elaborate wedding in Beverly Hills that included a multi-tiered cake suspended from the ceiling, concert tickets, a Mercedes Benz and designer clothes and shoes.

Each of the four defendants pleaded guilty and has been sentenced to serve time in prison (ranging from 18 to 46 months in prison) and ordered to jointly pay $1.16 million in restitution.

David M. DeVillers, United States Attorney for the Southern District of Ohio; Leigh-Alistair Barzey, Special Agent in Charge, U.S. Department of Defense, Defense Criminal Investigative Services (DCIS), Central Field Office; and Bryant Jackson, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation announced the sentence imposed today by U.S. District Judge Michael H. Watson. Assistant United States Attorneys Jessica W. Knight and J. Michael Marous represented the United States in this case.

 

#  # #

COLUMBUS, Ohio – The lead defendant in a network of men charged federally for crimes related to the sexual abuse of two 10-year-old children was sentenced in U.S. District Court today.

 

William G. Weekley, 35, of Newark, was sentenced to 480 months in prison for producing and distributing child pornography and attempting to coerce or entice a minor to engage in illegal sexual activity.

 

The investigation began when Ohio Bureau of Criminal Investigations Special Agent/FBI Task Force Officer Larry McCoy communicated undercover with Weekley online. From that initial investigation into Weekley, investigators were able to discover the additional defendants.

 

According to court documents, the defendants made online contact with each other and others who shared, or whom they believed to share, their sexual interest in minors, incest and child pornography.

 

After making initial contact through Craigslist, Weekley communicated with each of the other defendants on an ongoing basis through text and various other apps, including Wickr.

 

Weekley had access to a female child (Jane Doe), who was approximately 10 to 11 years old during the offenses detailed. Weekley sexually abused Jane Doe and created images and videos of the molestation, which he shared with others, including some of the co-defendants.

 

“The sentence Weekley received today is substantial and just,” U.S. Attorney David M. DeVillers said. “Weekley committed one of the worst crimes one human can inflict upon another, and this district is now a safer place with him in prison.”

 

Others charged in this and related cases include:

 

Name

Age

City of residence

Offense

Sentence imposed

Timothy F. Sullivan

51

Canal Winchester

coercion/enticement

138 months in prison, seven years supervised release

Franklin Eugene Perry

64

Columbus

coercion/enticement

288 months in prison, seven years supervised release

Brian S. Perkins

43

Mt. Vernon

activities related to child pornography material

138 months in prison, seven years supervised release

Grant D. Michalski

30

Columbus

activities related to child pornography material

100 months in prison, 10 years supervised release

Eric A. Zevely

35

Columbus

production of child pornography

250 months in prison, 15 years supervised release

Jordan I. Makowski

33

Greenville

activities related to child pornography material

132 months in prison, 15 years supervised release

 

Weekley and Perry discussed sexually abusing Jane Doe together, and made plans for Perry to join Weekley in the sexual abuse of Jane Doe. Perry encouraged Weekley to continue abusing the victim and did eventually sexually abuse the victim together with Weekley.

 

Investigators found that Weekley discussed various sexual topics with Zevely. Further investigation revealed that Zevely sexually abused a different 10-year-old victim, who was not Jane Doe, and then took and sent photographs of that abuse.

 

Weekley and Sullivan communicated when Weekley responded to Sullivan’s online classified ad titled, “I AM LOOKING TO PRIVATELY MEET AN INCEST FAMILY. Mom son brother sister.” Weekley detailed his abuse of Jane Doe to Sullivan, and Sullivan repeatedly requested to join in the abuse and received pictures of the abuse.

 

Weekley and Perkins communicated when Weekley responded to Perkin’s online classified ad titled, “Dirty emails.”  Weekley described to Perkins how he abused Jane Doe, and Perkins requested and received photographs from Weekley of that abuse.

 

Weekley also responded to a Craigslist ad posted by Makowski, which was titled “Perv guy.”  Further investigation was initiated based on Makowski’s statement to Weekley that his sexual interest was “Younger the better. 0-9.” That investigation revealed that Makowski sought out and traded child pornography involving infants.   

 

Weekly and Michalski also connected following a Craigslist ad that Michalski posted and thereafter communicated about interests in sexual topics like “family, forced” and “K9 and more.” Michalski possessed more than 1400 child pornography images, some involving children as young as two years.  He had also communicated with others online about sexually abusing children.

 

“The investigation and prosecution of these seven men show the tremendous work that can be accomplished through the collaboration of all of our law enforcement partners,” DeVillers added “For people who commit crimes like these, this case shows that we will do whatever it takes to find you, and, when you are found, we will punish you accordingly.”

“I couldn’t be prouder of BCI agents like Larry McCoy who wade through the muck every day to intercept these predators and prevent further exploitation of innocent children,” Ohio Attorney General Dave Yost said. “Monsters like these aren’t hiding in the bushes, they are infiltrating our homes through the internet - and all parents need to be vigilant against these online threats.” 

 

“While no amount of prison time can undo the serious harm inflicted by this defendant, today’s sentence should send a clear message to those who engage in such heinous acts that they will be punished to the fullest extent of the law,” said Vance Callender, HSI special agent in charge for Michigan and Ohio.

 

DeVillers was joined by Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI); Cincinnati Division; Ohio Attorney General Dave Yost; Vance Callender, Special Agent in Charge, Homeland Security Investigations (HSI); Franklin County Sheriff Dallas Baldwin; Westerville Police Chief Charles Chandler and other members of the FBI Crimes Against Children Task Force and the Franklin County Sheriff’s Office Internet Crimes Against Children Task Force in announcing the sentences imposed by U.S. District Judge Edmund A. Sargus, Jr. Assistant United States Attorneys Heather A. Hill and S. Courter Shimeall are representing the United States in these cases.

# # #

COLUMBUS, Ohio – David M. DeVillers, United States Attorney for the Southern District of Ohio, today announced the following appointments to his executive and supervisory staff.

 

Vipal J. Patel will continue as First Assistant U.S. Attorney. This position is the number two position in the U.S. Attorney's Office and is responsible for overseeing the day-to-day operations of the office. Patel has been an Assistant U.S. Attorney since 2000, first in the Central District of California in Los Angeles, and since 2005, in the Southern District of Ohio in Dayton. Patel served as the district Criminal Chief in 2010. Prior to that, he served as Deputy Criminal Chief in the Dayton office since 2006. He spent his 2011 on a one-year detail to Afghanistan, where he served as an advisor to the Afghan Ministry of Justice and other governmental and educational institutions, as part of the U.S. Department of Justice’s Rule of Law program. Patel received his law degree from George Washington University Law School in 1991. Prior to becoming a federal prosecutor, Patel was a litigation associate and then partner with the law firm of Hancock Rothert & Bunshoft LLP (currently, Duane Morris LLP), in Los Angeles. Patel also serves as an Adjunct Professor at the University of Dayton Law School, where he has taught International Law and teaches courses in Cybercrime and Criminal Procedure. He is a Board Member (Immediate Past President) of the Dayton Chapter of the Federal Bar Association and a former Board Member for the Boonshoft Museum of Discovery in Dayton.

 

Mark D'Alessandro will continue as Executive Assistant U.S. Attorney and District Civil Chief. The Executive Assistant is primarily responsible for personnel and facilities issues, Department of Justice reporting requirements, special projects, and other responsibilities. D’Alessandro served as the First Assistant U.S. Attorney from 2010 to January 2016. He has been Civil Chief since 2009 and was Deputy Civil Chief - Columbus from 2001-2009. Before that, he served as a criminal Assistant U.S. Attorney for Health Care Fraud from 1997 until 2001, and was the Affirmative Civil Enforcement (ACE) Assistant U.S. Attorney from 1995 until 1997. D'Alessandro is a 1975 graduate of Boston College and a 1979 graduate of the Capital University Law School. He also served as an Assistant Attorney General for the State of Ohio from 1979 until 1995.

 

D’Alessandro will be assisted in his Civil Chief duties by Matthew Horwitz, who will continue to serve as Deputy Civil Chief. Horwitz was first named to the post in 2014. He has been an Assistant U.S. Attorney in Cincinnati since 2012. Horwitz graduated from the Ohio State University and received his J.D., with honors, from the Ohio State University Moritz College of Law. He previously practiced at Frost Brown Todd in Cincinnati.  

 

Karl P. Kadon was named as the District’s Criminal Chief. Kadon most recently served as the District’s OCDETF Chief. Kadon joined the U.S. Attorney’s Office in 2006, after serving as a Special Assistant United States Attorney in Cincinnati from 2005 to 2006. Kadon was the Chief Assistant Hamilton County Prosecutor from 1999 to 2005. His prior experience also includes: Deputy Cincinnati City Solicitor, (1992-1999); Senior Assistant Cincinnati City Solicitor (1987-1992); Assistant Hamilton County Prosecutor (1984-1987) United States Army Reserve, Lieutenant Colonel, Director of Legal Services, 9th Legal Support Organization.

 

Kadon will be assisted in his Criminal Chief duties by four Deputy Criminal Chiefs and three Assistant Deputy Criminal Chiefs. They are:

 

• Christy L. Muncy, Deputy Criminal Chief (OCDETF). Muncy will oversee the Organized Crime and Drug Enforcement Task Force. She has served as an Assistant United States Attorney for the Southern District of Ohio since 2007. Muncy was the District’s Project Safe Childhood Coordinator from 2008 to 2009 and Violent Crimes Coordinator from 2015 until 2018. Her prior experience includes serving as the First Assistant Commonwealth’s Attorney from 2005 to 2007 and as an Assistant Commonwealth’s Attorney from 2002 to 2005 in Kenton County, Ky.

 

• Brian J. Martinez, Deputy Criminal Chief (Columbus). Martinez is the former Chief of Staff for the Associate Attorney General of the United States (2012-2014) and Chief of Staff of the Department of Justice’s Civil Division (2009-2012). He was also an Associate at Morrison & Foerster LLP from 2003 to 2009 and clerked for the United States District Court for the Northern District of California from 2002 until 2003. He joined the U.S. Attorney’s Office as a Special Assistant United States Attorney in 2014 and has served as an Assistant United States Attorney since 2015.

 

• Gary L. Spartis, Assistant Deputy Criminal Chief (Columbus). Spartis most recently served as a Deputy Criminal Chief in the Columbus office since 2001. Prior to that, he served as an Assistant U.S. Attorney beginning in 1987. Spartis graduated from Grove City College (PA) in 1976 and the Capital University Law School in 1979. He served as an Assistant Franklin County Prosecutor from 1981 until 1987.

 

• Emily N. Glatfelter, Deputy Criminal Chief (Cincinnati). Glatfelter has served as a Deputy Criminal Chief in the Cincinnati office since 2015. She joined the U.S. Attorney’s Office in Cincinnati in 2012, primarily handling financial crimes matters. She previously served in the criminal division of the U.S. Attorney’s Office District of Maryland, beginning in 2006. She earned her bachelor’s degree from Butler University in 1999 and her law degree from the University of Indiana in 2002 before working for Arnold & Porter LLP in Washington D.C. She also clerked for the Hon. David F. Hamilton while he served as U.S. District Judge for the Southern District of Indiana.

 

• Timothy S. Mangan, Assistant Deputy Criminal Chief (Cincinnati). Mangan has been as Assistant United States Attorney for the District since 2009. Prior to joining the U.S. Attorney’s Office, he was an Associate and Partner at Dinsmore & Shohl LLP (1997-2004, 2006-2009); Senior Counsel at Cinergy Corporation (2005-2006) and Associate at Bassford Lockhart Truesdell & Briggs (1995-1997).

 

• Dominick S. Gerace, Deputy Criminal Chief (Dayton). Gerace has been an Assistant United States Attorney for the Southern District of Ohio since 2016. Prior to joining the criminal division in Dayton, he was an AUSA in the Eastern District of Virginia from 2012 to 2016. He earned his bachelor’s degree from the United States Military Academy and his law degree from Georgetown University. Gerace’s other work experience includes: Associate, Taft, Stettinius and Hollister LLP (2008-2012); Clerk to the Hon. John M. Rogers, U.S. Court of Appeals for the Sixth Circuit (2007-2008); Armor Officer, United States Army (1999-2004).

 

• Laura I. Clemmens, Assistant Deputy Criminal Chief (Dayton). Clemmens most recently served as a Deputy Criminal Chief in the Dayton office since 2009. She began her service as an Assistant U.S. Attorney, Dayton criminal division, in 2002. She earned her Bachelor’s degree from The College of Wooster, and received a certificate in Environmental Management from the School of Public Administration at the University of Southern California. She earned her law degree from the University of Oregon. Prior to earning her law degree, Clemmens worked as a scientist at the Denver regional office of the U.S. Environmental Protection Agency.

 

Douglas W. Squires will continue as Senior Litigation Counsel. Doug Squires has served as the District’s Senior Litigation Counsel (“SLC”) since 2014. As the SLC, Squires is responsible for legal training and development. For nearly 20 years, Squires has been an Assistant U.S. Attorney in Columbus and has focused on the prosecution of complex cases involving white-collar crime, corruption, terrorism and espionage. Squires also serves as the office’s Professional Responsibility Officer and Criminal Discovery Coordinator. In 2016, Squires was honored with the Exceptional Service Award from the National Association of Former U.S. Attorneys. In 2009, he received the U.S. Department of Justice Distinguished Service Award.  In 2001, he was the recipient of the U.S. Department of Health and Human Services Inspector General’s Integrity Award. From 1994 to 2000, Squires was a state prosecutor in California prosecuting violent crimes and drug offenses, and served as Interim Supervising District Attorney. He is also an Adjunct Professor at the Ohio State University Moritz College of Law where he teaches white collar crime and criminal procedure. He has authored several published materials on fraud and corruption, including a chapter entitled "Forensic Accounting" in Scientific Evidence in Civil and Criminal Cases, 6th Ed., 2013, Foundation Press, a legal textbook on scientific and technical evidence. Squires received a B.A. from Miami University, Oxford, Ohio and his law degree from the University of San Francisco School of Law.

 

Mary Beth Young will continue as Appellate Chief, a position she has held since 2016, with supervisory responsibility for criminal and civil filings in the Court of Appeals and coordination of the District’s appellate practice with other divisions of the Department of Justice. Young became an Assistant United States Attorney in 2012 in Columbus after serving two years as a Special AUSA. Prior to joining the District, Young was in private practice in Columbus and served as a Visiting Assistant Professor at the Moritz College of Law, where she currently serves as an Adjunct Professor. Young received her B.S. from the University of Kentucky, her M.S. from Georgia Tech, and her J.D. from the University of Chicago. Following law school, Young served as law clerk to Judge David Sentelle of the United States Court of Appeals for the D.C. Circuit, then to Justice Antonin Scalia of the United States Supreme Court.

 

The U.S. Attorney’s Office, with a staff of 115, represents more than five million people in 48 of Ohio’s 88 counties. The Southern District of Ohio includes the metropolitan areas of Cincinnati, Columbus and Dayton.

 

DeVillers was nominated by the President in September 2019 to become the United States Attorney for the Southern District of Ohio, and after he was confirmed by the United States Senate in late October, DeVillers was sworn into office on Nov. 1, 2019.

 

#  # #

DAYTON – A Kettering man was sentenced in U.S. District Court to 270 months in prison and a lifetime of supervised release for sexually abusing two toddlers and creating hundreds of images of the abuse.

 

According to court documents, in 2003 and 2009, Matthew Jones, 44, sexually abused three-year-old victims. 

 

The defendant raped two toddler victims and created more than 100 images of each instance of abuse.

 

Jones was caught in the bedroom of one victim, causing the victim’s mother to contact law enforcement.

 

He also photographed two other minor females and at least six adult women while they were sleeping. Additionally, based on searches of Jones’ computers, the defendant engaged in peer-to-peer exchange of more than 100,000 images and videos of child pornography.

 

Jones pleaded guilty in December 2018 to producing child pornography.

 

Jones’ plea in federal court was the first part of a global resolution of charges involving the federal court, the Greene County Common Pleas Court and the Montgomery County Common Pleas Court.  The global plea means Jones also accepts responsibility for one count of rape of a person under age 10 in Greene County and the same charge in Montgomery County, as well as two counts of sexual battery and one count of gross sexual imposition in Montgomery County.

 

As part of this global resolution, the Greene County Prosecutor’s Office will recommend Jones receive 15 years up to life in prison for the Greene County offense. The Montgomery County Prosecutor’s Office will recommend Jones receive 20 years up to life in prison for the Montgomery County offenses. Also as part of the resolution, Jones will serve his sentences concurrently with each other.

 

“Jones is a serial sexual abuser who memorialized his abuse by taking pictures of his abhorrent conduct,” U.S. Attorney David M. DeVillers said. “He has been sexually assaulting toddlers and adult women and engaging in online sharing of child pornography for more than 15 years. He deserves his lengthy stay in prison.”

 

DeVillers is joined by Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Ohio Attorney General Dave Yost, Greene County Prosecutor Stephen K. Haller, Montgomery County Prosecutor Mathias H. Heck, Jr., Kettering Police Chief Christopher N. Protsman, Xenia Police Chief Donald R. Person and members of the FBI’s Child Exploitation Task Force in announcing the sentence imposed on  Nov. 27 by U.S. District Court Judge Walter H. Rice. Assistant United States Attorney Amy M. Smith and Deputy Criminal Chief Dominick S. Gerace are representing the United States in this case.

 

#  # #

COLUMBUS, Ohio – A Hilliard couple were sentenced in U.S. District Court for conspiring to commit and committing health care fraud. The husband and wife owned and managed a pharmacy and Suboxone clinic in Dublin.

 

Darrell L. Bryant, 44, was sentenced to 84 months in prison and Gifty Kusi, 35, was sentenced to 24 months incarceration, including six months at a post-release facility and six months home confinement.

 

A jury convicted Bryant and Kusi following a two-week trial in December 2018.

 

Bryant and Kusi owned and managed Health and Wellness Pharmacy on Blazer Parkway in Dublin. Bryant, Kusi, and Dr. Jornell Rivera also owned and operated Health and Wellness Medical Center, a suboxone clinic, also located in Dublin. Rivera served as the Medical Director for the medical center.

 

According to court documents and testimony, Bryant, Kusi and their co-conspirators marketed prescription creams in low-income neighborhoods and mailed those creams to Medicaid customers. They also billed for counseling services that weren’t provided, and billed for individual counseling sessions that actually occurred in a group setting.  

                  

As part of the conspiracy, Medicaid was billed for compound creams to treat pain, scarring and acne. Health and Wellness Pharmacy billed Medicaid $2 million for the creams.

 

The pharmacy marketed the compound creams at Clinic 5 (a Suboxone clinic), Sav-a-Lot and through a mobile van unit. Patients with CareSource were targeted and told they were receiving free samples of pain cream. Then they began to receive more cream in the mail without requesting more. These were also billed to CareSource. 

 

Customers at Sav-a-Lot and in low-income neighborhoods were asked to fill out a survey asking about any conditions that they suffered from. Then, they would receive the compound creams in the mail every month, even when customers directed the co-conspirators to stop sending them. Many of these customers never met with a doctor, nor did they know the prescribing physician.

 

“Exploiting the poor to cash in on the Medicaid program isn’t just immoral, it’s illegal,” Ohio Attorney General Dave Yost said. “I’m proud of my team and grateful to all our partners for bringing this pair to justice.”

 

Also as part of the health care fraud scheme, Health and Wellness Medical Center submitted fraudulent claims to Medicaid for psychotherapy services that were never rendered to patients.

 

Specifically, patients indicated they would sit in a room with a timer. When the timer went off, they were allowed to leave and receive their Suboxone prescription. No counseling services were provided during this time. Some patients reported coloring in coloring books during the time they were in the room.

 

Co-conspirators Rivera and Dr. Michael Alexander have pleaded guilty to making false statements related to health care matters. Alexander also pleaded guilty to conspiring to distribute controlled substances.

 

A jury convicted another co-conspirator, Dr. Bernard Oppong, 61, of Blacklick, Ohio, in May 2019. Oppong was convicted on five counts related to the health care fraud scheme.

 

“These defendants failed to provide quality care to their patients and used them to submit fraudulent claims to Medicaid in order steal taxpayer money” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General - Chicago Region. “The OIG will continue to work with our law enforcement partners to ensure that those who deceive patients and attack federally funded health care programs are held accountable.”

 

“Collaboration is essential for rooting out fraud and preserving the integrity of our health care system,” said State of Ohio Board of Pharmacy Executive Director Steven Schierholt. “I am grateful to our staff and our state and federal partners for bringing these individuals to justice.”

 

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; Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Ohio Attorney General Dave Yost; and Steven W. Schierholt, Executive Director, State of Ohio Board of Pharmacy announced the sentences handed down yesterday evening by Chief U.S. District Judge Algenon L. Marbley. Assistant United States Attorneys Kenneth F. Affeldt and Maritsa A. Flaherty are representing the United States in this case.

 

#  # #

CINCINNATI – A Batavia man was sentenced in U.S. District Court to 300 months in prison for using a gun to rob the Cheviot Savings Bank and robbing Cincinnatus Savings and Loan.

 

Bruce Lee Felix, 52, was convicted by a jury in July 2019 following a two-and-a-half-week trial.

 

Court documents and trial testimony said that Felix, wearing a mask and brandishing a gun, surprised a maintenance man at the Cheviot Savings Bank on Stone Drive in Harrison, Ohio, at approximately 8am on June 17, 2015 when the maintenance man was entering the back door of the bank.

 

Felix placed his gun to the maintenance man’s temple and demanded that he open the vault. Once he realized only bank tellers could open the vault, he ordered the victim down on the floor of the break room, zip-tied his hands behind his back and his feet together, removed the victim’s boots and waited for the tellers to arrive. When the tellers arrived, Felix ordered them to open the vault and remove the money. He then fled the bank.

 

The jury also convicted Felix of robbing the Cincinnatus Savings and Loan on Springdale Road on Feb. 4, 2015 when he jumped out of the bushes as two employees were getting ready to enter the bank around 8am. He forced them to open the vault and remove the money before ordering them to lie on the ground and tying their hands behind their back.

 

Felix was arrested on Feb. 4, 2017 in Batavia.

 

The jury found Felix guilty of one count of bank robbery, one count of armed bank robbery and one count of use of a firearm during and in relation to a crime of violence.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Colerain Township Police Chief Mark C. Denney; Cincinnati Police Chief Eliot K. Isaac; Harrison Police Chief Charles Lindsey; and Michael S. Masterson, Director of Enforcement, Ohio Casino Control Commission announced the sentence imposed yesterday afternoon by U.S. District Court Judge Timothy S. Black. Assistant United States Attorneys Anthony Springer and Ebunoluwa Taiwo are representing the United States in this case.

 

#  # #

DAYTON – Stephen Lavery, 35, of Kettering, was sentenced in U.S. District Court to 66 months in prison and five years of supervised release for possessing child pornography.

 

According to court documents, law enforcement received a tip from the National Center for Missing and Exploited Children (NCMEC) that suspected child pornography files had been uploaded to Lavery’s Dropbox account. Likewise, Microsoft Corporation reported to NCMEC that Lavery’s IP address had been used to upload suspected child pornography files to the Bing Images search engine. Additionally, the video-sharing website Rabb.it reported Lavery, using the profile name “Jerkin Hard,” shared suspected child pornography on the website.

 

In May 2018, law enforcement officers executed a search warrant at Lavery’s home in Kettering. Officers discovered more than 600 images and videos of minors engaged in sexually explicit conduct, including visual depictions of prepubescent children.

 

Lavery pleaded guilty to in Dec. 2018.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Kettering Police Chief Christopher N. Protsman announced the sentence imposed by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorney Andrew J. Hunt is representing the United States in this case.

 

#  # #

COLUMBUS, Ohio – A Maryland man offered a guilty plea today in U.S. District Court to cyberstalking victims in the Southern District of Ohio.

 

Vincent Brocoli, 32, of Essex, Md., was indicted by a federal grand jury in August.

 

According to court documents, from August 2016 until April 2019, Brocoli (also known as Matthew Dehart, BunchMedia and BunchMarketing), cyberstalked a female victim and her parents by creating social media accounts in their names, sending them threats, and using the Internet to cause substantial emotional distress to their family.

 

Brocoli created social media accounts like @xokirstylies1, @xokirstyslut1 and @killyourselfkirsty, among others.

 

The defendant used the Internet to post photos of the victim with a cross on her forehead and send messages like “I hope you get cancer and die UGLY SLLUT [sic],” and “Go away and die. Just put a gun in your mouth and get it over with.”

 

Court documents also details that, over the course of nearly three years, Brocoli used the Internet and multiple social media platforms to post threatening and sexually vulgar comments, calling the victim a “worthless lying slut” and a “whore.” Brocoli also used the Internet to post comments asserting that the victim and her husband had AIDS, like claiming that the victim “took [her husband]’s gay cum down her throat and now she has aids. Diseased whorebag.”

 

Brocoli posed as the victim’s father and mother online by creating multiple Instagram and Twitter handles using their names. He also used the Internet to post comments to the victim’s mother, calling her a “pedophile,” commenting that she needed “to be arrested for child abuse,” and telling her to “Shut up and die.” Brocoli further used the Internet to post to the victim’s father that he would “be the first to go to hell and answer to the real God when the time comes.”

 

Cyberstalking is a federal crime punishable by up to five 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, and Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea offered today before U.S. Magistrate Judge Kimberly A. Jolson. Assistant United States Attorney Jessica H. Kim and Special Assistant United States Attorney Christopher N. St. Pierre are representing the United States in this case.

 

#  # #

CINCINNATI – Brian D. Jones, 40, of Vevay, Ind., was sentenced in U.S. District Court today to 51 months in prison and ordered to pay nearly $750,000 in restitution to victims he defrauded.

 

According to court documents, Jones operated a business buying bull calves from dairy farms in Wisconsin and selling them to cattle ranches in Texas and Missouri. By the end of 2015, Jones had squandered funds from the cattle purchasers and was in debt with both his suppliers and purchasers. 

 

Jones began soliciting investors in 2015, promising sizable returns for the investments.  Rather than invest the funds, Jones used the money for his personal benefit, such as gambling at casinos. He used the investment funds to pay “returns” back to earlier investors as if the funds had actually generated income through investment in his business.

 

Jones fabricated bank documents to show that he had sizable business deposits that would soon be “released” by the bank. He also sent some checks to investors for investment returns only to have the checks bounce due to insufficient funds in his account.

 

Jones was indicted by a federal grand jury in July 2017 and pleaded guilty to wire fraud in June 2018.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio, and Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed by U.S. District Court Judge Timothy S. Black. Assistant Deputy Criminal Chief Timothy S. Mangan is representing the United States in this case.

 

 

#  # #

COLUMBUS, Ohio – A longtime corrections officer at the Belmont Correctional Institution was sentenced in U.S. District Court today to 30 months in prison for smuggling contraband into the prison.

 

Alfred M. Horvath, 59, of Shadyside, conspired with others to sneak illegal drugs and tobacco into the prison.

 

According to court documents, from 2015 through 2018, Horvath received cash from multiple inmates and their representatives in exchange for smuggling tobacco, oxycodone pills and Suboxone strips into the prison.

 

On several occasions, and for several years, Horvath was paid approximately $500 to $1,000 for each smuggling trip.

 

He would meet inmates’ representatives outside the prison in locations in the Southern District of Ohio and elsewhere. The individuals would provide him with the drugs and his cash profit. Horvath admitted to smuggling or agreeing to smuggle at least 300 30-milligram oxycodone pills and several thousand Suboxone strips.

 

Horvath pleaded guilty in January 2019 to conspiring to distribute and to possess with the intent to distribute controlled substances.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Annette Chambers-Smith, Director, Ohio Department of Rehabilitation & Correction; and officials with the Jefferson County Drug Task Force announced the sentence imposed by Chief U.S. District Court Judge Algenon L. Marbley. Assistant United States Attorney Peter K. Glenn-Applegate is representing the United States in this case.

 

 

#  # #

COLUMBUS, Ohio – A Pataskala couple have pleaded guilty to conspiring to defraud multiple federal programs by committing student-aid fraud, tax-return fraud, and Medicaid and SNAP fraud. One defendant also pleaded guilty to making a false statement to the U.S. Department of Housing and Urban Development and witness tampering, while the other pleaded guilty to committing bank fraud. They caused a total loss of more than half a million dollars.

 

Damien M. Johnson, 39, pleaded guilty in U.S. District Court this morning before U.S. District Judge Edmund A. Sargus, Jr. to one count of conspiracy to commit student loan fraud and one count of bank fraud. Kisha C. Hollins-Johnson, 41, pleaded guilty in August to one count of conspiring to commit student loan fraud and theft of government funds, committing student loan fraud, making a false statement to HUD, witness tampering and two counts of theft of government money.

 

According to their pleas, from at least 2011 through 2017, the defendants recruited more than five people to provide their personal information to apply for college admissions at Columbus State Community College.

 

All of the students fraudulently enrolled in online classes at the college by lying on their financial aid forms. Hollins-Johnson completed coursework for all of the students. The students were enrolled in the same courses and chose the same or similar topics for their papers.

 

When Johnson was not making satisfactory academic progress, Hollins-Johnson created fake documents, including medical records, for use in an academic appeals process in order for Johnson to remain eligible to receive financial aid. She fabricated a letter purporting to be from a doctor that claimed Johnson had sickle cell anemia. The doctor did not write the note, and in fact was a gynecologist.

 

In total, the U.S. Department of Education issued nearly $220,000 to Columbus State and as refunds to the defendants. Any amount of student loan above the cost of tuition and fees was given to the defendants.

 

Johnson also committed bank fraud by obtaining seven checks totaling at least $73,000 from an 87-year-old victim who had dementia. Johnson used the money on a variety of personal transactions, including $7,150 at a pawnshop, $1,798 at Gucci, $1,558 at Louis Vuitton, $1,182 in payments to vehicle dealers and $2,500 at a law firm.

 

Hollins-Johnson submitted false tax returns by claiming fake defendants and educational credits. Johnson contacted the IRS pretending to be at least one of the other taxpayers and delivered portions of the tax refunds to other individuals.

 

The couple also fraudulently obtained SNAP food stamp benefits by claiming they were each single when they were married. As part of the conspiracy, Hollins-Johnson submitted false letters verifying Johnson’s employment for food stamp eligibility.

 

In 2014, Hollins-Johnson submitted an application for a $200,000 home loan insured by the FHA. When she submitted the loan application, she used fabricated employment documents that stated she worked for the State of Ohio. Additionally, she fabricated a form the mortgage company sent to a person they believed was a Human Relations Manager to verify employment.

 

After investigators searched Hollins-Johnson’s residence, she engaged in witness tampering. She engaged in a scheme that involved creating a fake Facebook account and using an app that allows users to change their caller ID and apply a voice changer feature to call a witness in the case. The scheme led to an in-person meeting, where Hollins-Johnson instructed the witness not to talk with law enforcement.

 

As part of their pleas, the defendants agree to pay more than $450,000 in restitution.

 

Bank fraud is punishable by up to 30 years in prison. Witness tampering is punishable by up to 20 years in prison. Theft of government money is punishable by up to 10 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 Johnson, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation; Brad Geary, Special Agent in Charge, U.S. Department of Housing and Urban Development Office of Inspector General; John F. Woolly, Special Agent in Charge, U.S. Department of Education Office of Inspector General; and officials with the Fairfield County Job & Family Services Fraud and Benefit Recovery division announced the plea entered into today before U.S. District Judge U.S. District Judge Edmund A. Sargus, Jr. Assistant United States Attorney Peter K. Glenn-Applegate is representing the United States in this case.

 

#  # #

 

COLUMBUS, Ohio – One of 19 defendants charged in a gang-related racketeering conspiracy was sentenced in U.S. District Court today to 240 months in prison.

 

Steve Henderson, Jr., 25, of Columbus, shot and attempted to murder rival Milo Bloods gang members in June 2014. He also opened fire on an individual after a dispute involving stolen narcotics in April 2015.

 

Henderson and others were indicted in September 2018 and charged in a racketeering conspiracy that includes five murders, multiple attempted murders and other violent and drug-trafficking crimes.

 

According to court documents, the defendants are 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.

 

T&A engaged in a long-term operation of consistent transportation of heroin and crack from Columbus to Portsmouth, Ohio, for sale in various “trap houses.” In the summer of 2015, T&A, under the leadership of Eric Henderson, Sr., began to deliver large amounts of heroin, crack, and oxycodone from Columbus to Portsmouth on a weekly basis.  Female associates and drug-addicted “mules” transported the drugs at the direction of T&A members and associates. The drugs were then sold on a daily basis out of a number of “trap houses” controlled by T&A members.

 

“What made this violent gang particularly dangerous was their effectiveness at illegally acquiring massive amounts of firearms and bringing them to Columbus,” said U.S. Attorney David M. DeVillers. “T&A Crips not only sold narcotics, but also took advantage of the vulnerability of drug addicts, who often had no felony convictions, to both purchase and steal firearms.”

 

Co-defendant Eric Henderson, Jr. was sentenced last week to 78 months in prison. He sold gram quantities of crack cocaine in Columbus and Chillicothe on behalf of the racketeering conspiracy.

 

Terrance Pyfrom, 21, was also sentenced last week. Pyfrom was sentenced to 78 months in prison for conspiring to distribute crack cocaine and shooting at members of the Easthaven Bloods gang on Aug. 8, 2014, after a drive-by shooting.

 

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); Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Interim Columbus Police Chief Tom Quinlan; United States Marshal Pete Tobin and Franklin County Prosecutor Ron O’Brien announced the sentences imposed by U.S. District Judge Michael H. Watson. Assistant United States Attorneys Kevin W. Kelley and Noah R. Litton are representing the United States in this case.

#  # #

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

 

As part of his guilty plea, Kollie acknowledged lying on a United States Bureau of Alcohol, Tabacco, Firearms and Explosives (ATF) Form 4473 when purchasing a micro Draco pistol, specifically while answering question 11e that asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

 

Kollie checked the “no” box, when in fact he knew he was an unlawful user of marijuana and psychedelic mushrooms. Kollie answered falsely because he knew he would not be able to obtain the micro Draco pistol if he answered truthfully. 

 

During searches of Kollie and his residence following the Aug. 4 shooting, law enforcement officers recovered the micro Draco pistol, which was loaded with 30 rounds of ammunition, marijuana, psychedelic mushrooms, additional weapons, ammunition, drug paraphernalia and psychedelic mushroom grow equipment.

 

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

 

Possessing a firearm as an unlawful user of a controlled substance is a federal crime punishable by up to 10 years in prison. Making a false statement regarding firearms carries a potential maximum sentence of up to five years’ imprisonment. 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.

 

Sentencing is scheduled for Feb. 20.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Joseph M. Deters, Acting 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, announced the plea entered into today before 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.

 

# # #

A Columbus businessman pleaded guilty today to aiding and assisting in the preparation of a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney David M. DeVillers of the Southern District of Ohio.

According to information provided in court, Abdikarim Abdirahman, 57, was the general manager of Diversity Home Health Care (Diversity), a home health care agency operating in Columbus and Springfield, Ohio. After obtaining personal identifying information of several individuals, Abdirahman created and submitted to the Internal Revenue Service (IRS) documentation fraudulently indicating that Diversity had hired and paid those individuals. From 2009 through 2012, Abdirahman provided this false information to Diversity’s tax return preparer, representing that Diversity paid those individuals hundreds of thousands of dollars in compensation and that these payments were deductible to Diversity as business expenses.  In addition, Abdirahman caused these sham employees to falsely report on their individual tax returns that they had received income from Diversity, to claim credits, and to request refunds from the IRS. In total, Abdirahman’s conduct caused a tax loss of more than $540,000.

U.S. District Judge Edmund A. Sargus will set sentencing at a later date. Abdirahman faces up to three years in prison and one year of supervised release, as well as monetary penalties and restitution.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney DeVillers thanked special agents of IRS-Criminal Investigation, Housing and Urban Development – Office of Inspector General, and Health and Human Services – Office of Inspector General, who investigated the case, and Trial Attorneys Thomas Voracek and William Guappone of the Tax Division, who are prosecuting the case.

Additional information about the Tax Division’s enforcement efforts can be found on the Division’s website.

CINCINNATI – A federal grand jury has charged 37 individuals with crimes related to narcotics and money laundering conspiracies in an indictment that was unsealed here today.

 

Those charged include 22 local individuals. Law enforcement agents arrested all 37 defendants late last week and over the weekend.

 

According to the indictment, beginning in March 2016 and continuing through October 2019, the defendants conspired to possess with intent to distribute 400 grams or more of fentanyl, 500 grams or more of methamphetamine and five kilograms or more of cocaine.

 

The indictment alleges two Cincinnati businesses were used to launder proceeds from the narcotics conspiracy: Tri-State Jeweler on Race Street and Nationwide Automotive on Vine Street. It is alleged that cash was kept stored at both locations. The cash was then allegedly concealed and packaged to be transported to and from the Cincinnati region.

 

According to the 15-count indictment, between December 2018 and April 2019, defendants stored, at least temporarily, approximately $2.5 million at Tri-State Jeweler.

 

For example, Tri-State Jeweler accepted $1,400 in cash for the purchase of a diamond pendant necklace in May 2019, $15,000 for the purchase of a diamond ring in June 2019 and $4,000 for the purchase of a diamond ring in July 2019.

 

Also in July 2019, Nationwide Automotive accepted $38,800 in alleged narcotics proceeds for the purchase of a vehicle.

 

It is alleged at least $800,000 was laundered at Nationwide Automotive between November 2018 and April 2019.

 

Co-conspirators are also charged with maintaining drug premises on Prosser and Glenmore avenues in Cincinnati.

 

The government has seized more than half a million dollars in cash, 19 pounds of fentanyl, three pounds of heroin, 100 pounds of cocaine, 42 pounds of methamphetamine, 47 weapons, 12 vehicles, the jewelry store inventory, assorted jewelry belonging to defendants and residences valued at approximately $1.1 million total thus far in this case.

 

Those charged include:

Name

Age

City

Jose Daniel Zazueta-Hernandez, aka Jesus Bojorquez, aka Dany

40

Wisconsin

Derrick Bryant

39

Cincinnati

Daniel Simons

45

Hamilton

William F. Graham, III

52

Cincinnati

Carlos Flores-Inzunza

31

Sinaloa, Mexico

Jose Toquillas-Felix

32

Cincinnati

Lashone Isom

42

Cincinnati

Maurice Jackson

50

Hamilton

Daniel Montez Blaine

50

Cincinnati

Francisco Casique

24

California

Raymond James Edwards, Jr.

53

Cincinnati

Christopher Engle

48

Cincinnati

Radee Garrett

39

Cincinnati

Carl Rena Gilbert

60

Cincinnati

Cardale A. Goens

32

Cincinnati

Ayman Anis Al Hajjeh

27

Wisconsin

Xingui Lin

39

Chicago

Frances Alexia Mercado

24

Atlanta

Kymyatta Oatis

50

Cincinnati

Ernesto Rincon

24

Wisconsin

Andre Robinson

37

Cincinnati

Joel Salcedo

23

Las Vegas

Robert Smith

60

Cincinnati

Christopher William Talley

36

Cincinnati

Donald Thompson

41

Cincinnati

Vilma Vidal-Flores

47

Las Vegas

Harold Lamar Walker

41

Cincinnati

Stefan Walker

42

Cincinnati

Min Wang

32

Chicago

Nicholas White

41

Cincinnati

Brandon Terrell Willis

43

Cincinnati

Maurice Ringwood

45

Cincinnati

Ivan Courtney Johnson

39

Cincinnati

Vyacheslav Minyalo, aka Slavik

46

Cincinnati

Dewayne Lamont Walker

47

Cincinnati

Yosi Ilouz

42

Mason

Brady Cunningham

53

Cincinnati

 

The narcotics conspiracy in this case is punishable by a mandatory minimum 10 years up to life in prison. The money laundering conspiracy is punishable by up to 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.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); and Bryant Jackson, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigations, announced the charges. Criminal Chief Karl P. Kadon and OCDETF Chief Christy L. Muncy are representing the United States in this case.

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), United States Marshals Service, and Homeland Security Investigations (HSI) assisted in arrests.

 

Members of the DEA’s Task Force include: Cincinnati, Golf Manor, West Chester, Norwood, Montgomery, Colerain, Springfield Township, Delhi Township, Harrison, Kenton County, Covington, Florence and Cincinnati/Northern Kentucky International Airport police departments, Hamilton County and Boone County sheriff’s offices, the Ohio Attorney General’s Bureau of Criminal Investigation (BCI), Ohio National Guard, Butler County Undercover Regional Narcotics Task Force, Ohio State Highway Patrol and Kentucky State Police.

 

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

 

#  # #

COLUMBUS, Ohio – Daniel Emerson Norton, 52, formerly of Arlington, Va. and the owner of Torrance, Calif.-based Emerson Company, was sentenced in U.S. District Court today to 96 months in prison.  Norton fraudulently secured approximately $2.2 million in contracts to provide critical parts to the U.S. Department of Defense, which he then filled with defective parts made in China, in violation of the Buy American Act.

 

A trial against Norton began on April 8. He interrupted the trial after five days to enter pleas of guilty.

 

According to court documents and testimony at trial, the Department of Defense (DOD) barred Emerson Company from doing business with the U.S. Government in 2011. Between 2011 and 2013, Norton continued to recruit people who either already had companies or were willing to start companies to do his bidding on solicitations and contract with the military to provide parts for the U.S. military. When one of the companies was awarded a purchase order, Norton directed the company to send the purchase order to Emerson Company, which would buy and ship the part directly to DoD.

 

Norton bought the parts from manufacturers in China, even though the contracts required a large number of the parts to be made in the United States. The parts Norton provided had dimensional defects, material substitutions, incorrect or missing markings, incorrect finishes, improper shapes or styles, mislabeled packaging or poor workmanship and thus failed to conform to the contract requirements.

 

Additionally, when contracts called for an exact part from a specific domestic manufacturer, rather than obtaining these parts from the specified manufacturer (OEM), Norton supplied imitation parts obtained from China that were defective. They involved a variety of parts used on military aircraft, vessels, vehicles, weapons systems and nuclear reactor programs, including the F-16 Fighting Falcon, A-10 Thunderbolt, C-130 Hercules, B-52 Stratofortress, AH-64 Apache attack helicopter, the Paladin M109A6 155mm Artillery System, HMMWV “HUMVEE” vehicles and Nimitz Class CVN Aircraft Carriers.  Emerson’s defective parts were recalled from military depots worldwide.

 

Once Norton realized he was under investigation in 2013 by the Defense Logistics Agency (DLA), the Defense Criminal Investigative Service (DCIS) and the U.S. Attorney’s Office, he took several steps to mislead the government in its investigations.

 

For example, in an effort to avoid an extension of debarment for providing a non-conforming bolt used on a C-130 aircraft engine, Norton submitted false documents to the DoD deflecting blame from Emerson Company to one of the nine companies under his control. Norton knew, however, that he, personally, had ordered the bolts from a manufacturer in China and they were not supplied by the required OEM.

 

Norton also admitted to obstructing justice by falsely communicating information to his attorney, or allowing such information to be communicated, with the intent that it be communicated to the United States as it related to its grand jury investigation, thereby obstructing that investigation.

 

As part of his sentence, Norton was ordered to pay $2.38 million in restitution, and forfeit more than $333,000 in his bank account in the name of Emerson Manufacturing Inc. and a $725,000 residence held by Emerson Manufacturing Company in Kihei, Hawaii.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Leigh-Alistair Barzey, Special Agent in Charge, U.S. Department of Defense, Defense Criminal Investigative Services (DCIS), Central Field Office; and Bryant Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation announced the sentence imposed today by U.S. District Judge Michael H. Watson. Assistant United States Attorneys Jessica W. Knight and J. Michael Marous represented the United States in this case.

 

#  # #

CINCINNATI – Two local men were sentenced in U.S. District Court for their roles in a bank fraud conspiracy which involved stealing checks from the mail and reprinting the checks in the name of new payees for cashing at financial institutions.

Stephano Henderson, 32, of Cincinnati, was sentenced on Nov. 8 to 87 months in prison. Laneal Henderson, 33, of Cincinnati, was sentenced today to 51 months in prison.

According to court documents, the Hendersons and others stole checks from the mail at residences and businesses. They then re-printed checks by inserting the names of new payees and caused the fraudulent checks to be presented for cash at financial institutions. Co-conspirators recruited “cashers” to serve as the new payees on the re-printed checks in exchange for part of the profit.

Stephano Henderson was primarily involved in re-printing checks for new payees to cash. Laneal Henderson primarily recruited individuals to cash fraudulent checks and provided the fraudulent checks to the cashers. The plea agreement set forth a loss amount of between $150,001 and $250,000.

Stephano Henderson pleaded guilty in July 2019 to one count of conspiring to commit bank fraud and one count of aggravated identity theft. Laneal Henderson pleaded guilty in May 2019 to one count of conspiring to commit bank fraud.

Two others were charged and have pleaded guilty in this case: Eugene Clifford, 31, of Cincinnati, and Markalo Harris, 27, of Cincinnati. They have not yet been sentenced.

David M. DeVillers, United States Attorney for the Southern District of Ohio, Tommy D. Coke, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Pittsburgh Division, Yvonne DiCristoforo, Special Agent in Charge, U.S. Secret Service, Hamilton County Sheriff Jim Neal, West Chester Police Chief Joel Herzog, Green Township Police Chief James Vetter, Greensburg, Ind. Interim Police Chief Brendan Bridges, Norwood Police Chief William Kramer and Madeira Police Chief Dave Schaefer announced the sentence imposed today by U.S. District Judge Timothy S. Black. Assistant United States Attorney Matthew C. Singer is representing the United States in this case.

#  # #

DAYTON – Brendan J. Eardly, 48, of Troy, Ohio pleaded guilty to producing child pornography by enticing at least seven juvenile males in Ohio and elsewhere to engage in explicit sexual conduct for the purpose of producing pornographic videos.

Eardly also pleaded guilty to committing a felony as a registered sex offender. He faces at least 15 years in prison for producing the child pornography and at least an additional ten years for committing a felony as a registered sex offender.

According to court documents, Eardly set up accounts on multiple social media platforms and communicated with more than 60 juveniles around the world, offering to provide them with advice about sex. Eardly sent some of them sexually explicit videos of himself and pornographic videos of other men engaged in sexually explicit conduct.

Eardly pleaded guilty before U.S. District Judge Walter H. Rice on November 14. Eardly was ordered held in custody until sentencing, which is scheduled for March 16, 2020.

Terms of the plea agreement include a requirement that Eardly forfeit the computer, cell phones and computer storage media including 17 CD’s, an external hard drive and three thumb drives he used to commit the crimes.

At the time he committed the crimes, he was required to register as a sex offender due to a case in Miami County in 2004.

David M. DeVillers, United States Attorney for the Southern District of Ohio, Joseph Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Troy Police Chief Charles Phelps, and the Bureau of Criminal Investigation in Ohio Attorney General Dave Yost’s office announced the sentence. Assistant United States Attorney SaMee Harden is representing the United States in this case.

#  # #

DAYTON – Dayton businessman Clayton Luckie was sentenced in U.S. District Court today to four months imprisonment followed by four months of home detention for his role in defrauding the City of Dayton’s disadvantaged business program.

Luckie, who pleaded guilty on July 2 to one count of mail fraud, was also ordered to serve three years under court supervision following his prison term, and perform 100 hours of community service.

According to court documents, Luckie agreed in 2016 to help create a fake paper trail indicating to Dayton that a company had performed work under a disadvantaged business component. In return he understood that he would receive a small portion of any funds received from the contract with the city.

Luckie ordered large magnetic signs emblazoned with the name of the company and intended to put them on the trucks of another company to make it appear that the first company was doing the work. Luckie also created fake invoices intended for submission to Dayton. Luckie received $2,000 for his role in the scheme.

Luckie is one of seven people charged as part of an ongoing public corruption investigation.

David M. DeVillers, United States Attorney for the Southern District of Ohio, Joseph Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division announced the sentence imposed today by U.S. District Judge Thomas M. Rose. Assistant United States Attorneys Brent Tabacchi, SaMee Harden and Dominick S. Gerace are representing the United States in this case.

#  # #

DAYTON – Three local men previously charged by criminal complaint in connection to the shooting death of Dayton Police Detective and DEA Task Force Officer Jorge Del Rio have now been indicted by a federal grand jury.

 

Nathan S. Goddard, Jr., 39, is charged with nine counts, including deliberately killing Det. Del Rio, conspiring to possess with intent to distribute and distribute fentanyl, cocaine and marijuana, assault of a federal officer by inflicting bodily injury through the use of a deadly weapon, brandishing and discharging a firearm resulting in death by murder during and in relation to a drug trafficking crime, and possessing a firearm as a convicted felon.

 

Cahke Cortner, 39, and Lionel Combs III, 40, are each charged with five counts, including conspiring to possess with intent to distribute and distribute fentanyl, cocaine, and marijuana, andbrandishing and discharging a firearm resulting in death by murder during and in relation to a drug trafficking crime.

 

Combs is additionally charged with maintaining a drug premises at 1454 Ruskin Road in Dayton. Cortner is additionally charged with carrying a firearm during and in relation to a drug trafficking crime.

 

The charges are a result of a shooting that took place during the execution of a federal search warrant during the evening of Nov. 4.

 

Between mid-July and late-October 2019, the DEA’s Dayton resident office conducted an investigation into a Dayton-based fentanyl operation.

 

As a result of that investigation, Goddard was named as an alleged source of supply of narcotics and a federal search warrant was subsequently authorized for 1454 Ruskin Road.

 

At approximately 6:50pm on Nov. 4, DEA and Dayton Police executed the search warrant. After announcing themselves, officers entered the home and Det. Del Rio descended the stairway to the basement of the residence. The officer immediately came under gunfire from the basement and was struck by the gunfire.

 

In the residence, authorities discovered three firearms. Approximately ten kilograms of fentanyl and cocaine were located in a duffel bag. Containers containing 50 to 60 pounds of marijuana were discovered in the basement. Approximately $11,000 in cash was spread out on a coffee table, and more than $40,000 in cash was located in a duffel bag in a storage area under the stairs.  

 

Five counts pending against Goddard are potentially punishable by the death penalty.

 

“There are many crimes that, if committed, one forfeits his right to live in a free society. And then there are the rare, few crimes that are so abhorrent to a free society that one is subject to forfeiting his right to exist at all,” said U.S. Attorney David M. DeVillers. “Goddard has been accused by a grand jury of the latter.”

 

The drug conspiracy in this case is punishable by a mandatory minimum of 10 years to life in prison. The brandishing and discharge of a firearm resulting in death by murder during and in relation to a drug trafficking crime is punishable by an additional mandatory minimum of 10 years up to life in prison, and by death. Congress sets the minimum and maximum penalty ranges for all offenses charged.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio and Montgomery County Prosecutor Mathias H. Heck, Jr. have agreed to proceed federally at this time. Should it later be deemed appropriate, a state indictment could be sought. Mr. DeVillers and Mr. Heck agreed to commit both Assistant United States Attorneys and Assistant Montgomery County Prosecutors to the trial team regardless of jurisdiction. 

 

They are joined by Dayton Police Chief Richard S. Biehl; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Joseph M. Deters, Acting Special in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in announcing the charges. Assistant United States Attorneys Dominick S. Gerace and Brent G. Tabacchi, and First Assistant United States Attorney Vipal J. Patel, are currently 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.

 

#  # #

CINCINNATI – The owner and physician at Unique Pain Management in Wheelersburg, Ohio, was sentenced in U.S. District Court to serve 84 months in prison.

 

Margaret Temponeras, 55, of Portsmouth, Ohio, was sentenced for conspiring to distribute a controlled substance through the pain clinic and dispensary.

 

According to court documents, from June 2005 until May 2011, Temponeras and her father – John Temponeras, 84, who was also a doctor at the clinic – saw more than 20 patients per day, who paid cash payments starting at $200 for each medical examination. Many patients received monthly prescriptions for similar combinations of medications, namely, 120-150 pills of 15mg Oxycodone, 120-150 pills of 30mg Oxycodone and 90 pills of 2mg Xanax.

 

Patients were referred to Raymond Fankell, 64, of Wheelersburg, Ohio, who owned Prime Pharmacy, to fill their prescriptions.

 

Temponeras became aware that some pharmacies in the Scioto County area had declined to accept or fill her prescriptions from Unique Pain Management so she opened the dispensary Unique Relief LLC from the same location as her clinic in order to fill her own prescriptions.

 

John Temponeras and Fankell have also pleaded guilty. John Temponeras pleaded guilty to conspiring to distribute controlled substances and and Fankell to conspiring to distribute Oxycodone. They have yet to be sentenced.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Steven W. Schierholt, Executive Director, Ohio State Board of Pharmacy, announced the sentence imposed yesterday afternoon by U.S. District Judge Timothy S. Black. Assistant United States Attorneys Timothy D. Oakley and Timothy S. Mangan are representing the United States in this case.

 

#  # #

DAYTON – A Butler County man has been charged with lying on ATF forms to illegally purchase the firearm used in killing Dayton Police Detective and DEA Task Force Officer Jorge DelRio on Nov. 4 during the execution of a search warrant on Ruskin Road in Dayton.

 

Delano Wells, 50, of Trenton, was charged by criminal complaint on Nov. 5 with making false statements on a federal firearms form.

 

According to court documents, three firearms were recovered from the scene on Ruskin Road on Nov. 4: two pistols with extended magazines and an AR-style weapon.

 

ATF was called to assist with tracing the three firearms and an urgent trace was requested for all three firearms recovered in the shooting.

 

It is alleged Wells purchased all three firearms. ATF traced one alleged pistol purchase to Aug. 29, just 67 days prior to the shooting, and another alleged pistol purchase to Sept. 9, only 57 days prior.

 

Records indicate Wells purchased at least six other firearms in August and September.

 

According to the affidavit, Wells told ATF agents he purchased the weapons in Middletown for a friend. Wells allegedly received cash for the cost of the firearms with an additional profit of $25 to $30 per firearm.

 

Wells allegedly lied on ATF Form 4473 for each purchase he made, by indicating “yes” he was purchasing the firearm for himself and not for anyone else. In reality, it is alleged he purchased the firearms to sell to his friend.

 

“The message we want to make loud and clear is that if you provide firearms to drug dealers and convicted felons you will be held responsible for their actions,” said U.S. Attorney David M. DeVillers. “There are significant sentencing enhancements for firearms provided by straw purchasers used to commit crimes and we will seek those enhancements to the fullest.” 

 

Wells made his initial appearance on Nov, 6.  No additional court dates are currently set. This investigation remains ongoing.

 

DeVillers; Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Dayton Police Chief Richard S. Biehl; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Joseph M. Deters, Acting Special in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Montgomery County Prosecutor Mathias H. Heck, Jr. announced the charges. Assistant United States Attorneys Amy M. Smith and Andrew J. Hunt 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 – The man previously charged with assaulting a law enforcement officer engaged in a federal investigation on Nov. 4 has now been charged with intentionally killing a law enforcement officer aiding a federal criminal investigation and causing death through the use of a firearm during and in relation to a crime of violence or drug trafficking crime. The new charges are punishable by imprisonment up to life and by death.

 

The amended complaint against Nathan S. Goddard, Jr., 39, was filed in federal court this morning. Goddard is also charged with assaulting a federal law enforcement officer using a deadly or dangerous weapon, punishable by up to 20 years imprisonment, and conspiring to possess with intent to distribute 400 grams or more of fentanyl, 5 kilograms or more of cocaine, and marijuana.

 

Two others, Cahke Cortner, 39, and Lionel Combs III, 40, have also been charged in amended complaints. Both are charged with causing death through use of a firearm during and in relation to a drug trafficking crime or crime of violence, punishable by imprisonment up to life and by death, and with the drug conspiracy

 

The charges are a result of a shooting that took place during the execution of a federal search warrant during the evening of Nov. 4.

 

Between mid-July and late-October 2019, the DEA’s Dayton resident office conducted an investigation into a Dayton-based fentanyl operation.

 

As a result of that investigation, Goddard was named as an alleged source of supply of narcotics and a federal search warrant was subsequently authorized for 1454 Ruskin Road.

 

At approximately 6:50pm on Nov. 4, DEA and Dayton Police executed the search warrant. After announcing themselves, officers entered the home and a task force officer descended the stairway to the basement of the residence. The officer immediately came under gunfire from the basement and was struck by the gunfire.

 

In the residence, authorities discovered three firearms. Approximately nine kilograms of  fentanyl and cocaine were located in a duffel bag. Containers containing 50 to 60 pounds of marijuana were discovered in the basement. Approximately $11,000 in cash was spread out on a coffee table, and more than $40,000 in cash was located in a duffel bag in a storage area under the stairs.  

 

The drug conspiracy charged against each of the defendants is punishable by a mandatory minimum of 10 years and up to life in prison. Congress sets the minimum and maximum penalty ranges for all offenses charged.

 

The government is seeking that the defendants be detained pending trial. Each of the three defendants is scheduled for a detention hearing at 1:30 p.m. on Nov. 8 before U.S. Magistrate Judge Sharon L. Ovington.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Dayton Police Chief Richard S. Biehl; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Joseph M. Deters, Acting Special in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Montgomery County Prosecutor Mathias H. Heck, Jr. announced the charges. Assistant United States Attorney Dominick S. Gerace and First Assistant United States Attorney Vipal J. Patel are representing the United States in this case.

 

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

 

#  # #

COLUMBUS, Ohio – A former non-profit executive director and a former director of the Diocese of Columbus Office of Catholic Schools have pleaded guilty in federal court to charges related to the federal E-Rate Program.

 

Shawn Clemmons, 56, of Piketon, pleaded guilty today to submitting false claims to the federal government. Kenneth Collura, 65, of Pickerington, pleaded guilty on July 1, 2019, to making false statements.

 

The Schools and Libraries Program (commonly referred to as the “E-Rate Program”) is a government program established by Congress and implemented and overseen by the Federal Communications Commission (FCC) that provides funds to, among others, economically disadvantaged schools and libraries. 

Under the E-Rate Program, the government provides up to 90% funding to qualified schools to purchase eligible technology products and services for their students. Schools are required to pay the remaining amount. Federal law restricts how the funds must be used, and E-Rate funding can only be used for eligible equipment or services.

Clemmons was the executive director for the South Central Ohio Computer Association (SCOCA), an E-Rate Program service provider that provided internet and wireless access, and other services, to public and private schools. SCOCA was a council of governments under Ohio law, meaning it acted as an areawide agency for providing technology services to multiple Ohio public schools. At SCOCA, Clemmons was responsible for billing schools and the E-Rate Program and for performing SCOCA’s E-Rate Program certifications. Beginning in approximately 2004, SCOCA received funds from the E-Rate Program, some of which were pass-through reimbursements owed to its client schools. Federal law required SCOCA to provide these pass-through reimbursements to schools within 20 business days of receipt.

According to court documents, Clemmons unlawfully withheld reimbursements to schools. He would pay schools reimbursements one to two years later than was required, and would use the funds from one funding year to reimburse what was owed for previous funding years.

 

In one E-Rate Funding Year, Clemmons did not pay the reimbursements at all. He failed to reimburse public schools more than $2 million. To date, the schools have not received the E-Rate reimbursements. The schools were also obligated to pay additional fees to cover other outstanding debts of SCOCA, which totaled more than $1.2 million. The amount of lost reimbursements plus the amount the schools paid in additional fees totaled $3,230,974.40.

 

During this time, Clemmons made false claims on FCC forms, including false certifications that SCOCA was in compliance with the rules and orders governing the E-Rate Program.

 

In a related case, Collura pleaded guilty to making false statements in connection with the E-Rate Program. In 2014, the Diocese of Columbus Office of Catholic Schools entered a new five-year contract with its service provider, SCOCA, for internet access, which was an E-Rate-eligible service. The charges under the contract between the Diocese of Columbus Schools and SCOCA were inflated, in that they included undisclosed expenses that were not eligible for E-Rate funding.

 

Collura served as the Director of Communication and Instructional Technology for the Office of Catholic Schools, an arm of the Roman Catholic Diocese of Columbus’s Department for Education, from 1994 until July 2014.

 

Collura negotiated the SCOCA contract knowing the fees were inflated and included funding for expenses that were not eligible for E-Rate funding. In documents he transmitted to the government, though, Collura falsely certified that he and the Diocese of Columbus Office of Catholic Schools had disclosed all ineligible services that were covered by the contract and that the contract covered no ineligible services.  Over the course of the five-year contract, more than $700,000 was for undisclosed purposes. Most of these funds were not transferred from the service provider to the Diocese of Columbus Schools, however, because SCOCA became insolvent.

Submitting a false claim and making a false statement are each federal crimes punishable by up to five 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; Joseph M. Deters, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; David Hunt, FCC Inspector General; Ohio Auditor of State Keith Faber and Sandra Bruce, Deputy Inspector General Delegated the Duties of Inspector General, U.S. Department of Education Office of Inspector General, announced the plea entered into today before U.S. District Judge Michael H. Watson. Assistant United States Attorneys Peter K. Glenn-Applegate and Jessica W. Knight are representing the United States in this case.

 

#  # #

DAYTON – A local man has been charged federally with assaulting a law enforcement officer engaged in a federal investigation with a deadly weapon. The charge is a result of a shooting that took place during the execution of a federal search warrant during the evening of Nov. 4. Two others have also been charged in a drug conspiracy.

 

According to an affidavit filed in support of the criminal complaint, Nathan S. Goddard Jr., 39, assaulted a federal officer using a deadly weapon. Goddard is also charged with conspiracy to possess with intent to distribute more than 400 grams of fentanyl, 500 grams or more of cocaine and marijuana.

 

Two others are charged with also conspiring to distribute the drugs. They include Cahke Cortner, 39, and Lionel Combs III, 40.

 

Between mid-July and late-October 2019, the DEA’s Dayton resident office conducted an investigation into a Dayton-based fentanyl operation.

 

As a result of that investigation, Goddard was named as an alleged source of supply of narcotics and a federal search warrant was subsequently authorized for 1454 Ruskin Road.

 

At approximately 6:50pm on Nov. 4, DEA and Dayton Police executed the search warrant. Officers entered the home and a task force officer descended the stairway to the basement of the residence. The officer immediately came under gunfire from the basement and was struck by the gunfire.

 

In the residence, authorities discovered two pistols with extended magazines, loaded with armor piercing ammunition.

 

Nine kilograms of suspected fentanyl were located in a duffel bag. A bag containing 50 to 60 pounds of marijuana was discovered on the floor of the basement, and approximately $11,000 in cash was spread out on a coffee table and more than $40,000 was in a duffel bag in a storage area under the stairs.

 

Assaulting a federal officer is punishable by up to 20 years in prison; using a firearm in doing so includes a mandatory additional 10 year prison term. The narcotics conspiracy in this case is punishable by a mandatory minimum 20 years and up to life in prison. Congress sets the minimum and maximum penalty ranges. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

 

The government is seeking that the defendants be detained pending trial. Each of the three defendants is scheduled for a detention hearing at 1:30pm on Nov. 8 before U.S. Magistrate Judge Sharon L. Ovington.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio; Dayton Police Chief Richard S. Biehl; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Joseph M. Deters, Acting Special in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Montgomery County Prosecutor Mathias H. Heck, Jr. announced the charges. Assistant United States Attorney Dominick S. Gerace is representing the United States in this case.

 

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

 

#  # #

COLUMBUS – A Columbus man was sentenced today for robbing a bank in Whitehall, pistol-whipping two of the bank’s employees while demanding money, and conspiring with his girlfriend to hide the gun he used in the robbery.

 

Robert K. Mason, 43, was sentenced to 240 months in prison.

 

According to court documents, Mason robbed the Huntington Bank at 4550 East Broad Street on Sept. 26, 2018. Mason walked in the bank, lifted his shirt to show that he had a gun, pulled the handgun and ordered customers to the floor. Mason vaulted the counter and demanded money from the tellers, hitting two of them with the gun when he became frustrated at the speed of the employees.

 

Mason ran out the front door and escaped in a car driven by his girlfriend, Bretta L. Nallen. Whitehall police arrested Mason on Oct. 31, 2018. While he was in custody, he called Nallen and told her to get rid of the gun. Nallen was charged with being an accessory to the crime and evidence tampering. She pleaded guilty to the accessory charge in August 2019.

 

Mason pleaded guilty in April 2019 to one count of bank robbery, one count of using a firearm during a crime of violence and one count of conspiracy to tamper with evidence.

 

“Mason is a career criminal who has committed a number of violent offenses,” U.S. Attorney David M. DeVillers said. “That’s exactly the type of offender we prioritize prosecuting in this office. Mason earned his time in federal prison.”

 

DeVillers, Joseph Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Columbus Division of Police Acting Chief Thomas Quinlan and Whitehall Police Chief Mike Crispen announced the sentence imposed today by U.S. District Judge Edmund A. Sargus, Jr.

 

Assistant United States Attorney S. Courter Shimeall is representing the United States in this case.

 

# # #

 

DAYTON – A Dayton man who was scheduled to stand trial today pleaded guilty to distributing carfentanil, fentanyl and heroin that resulted in at least one overdose death.

 

Myron D. Baker, 35, pleaded guilty in U.S. District Court to two counts related to distributing opioids. Baker will face a mandatory minimum of 20 years up to life in prison for one count and a mandatory minimum of 10 years up to life in prison for one count. 

 

According to court documents, beginning in at least January 2017, Baker conspired with others to obtain and distribute opioids in Gallipolis and Dayton for personal profit.

 

Baker, also known as “Science,” “Capo” or “Sci,” maintained a residence on Lexington Avenue in Dayton to store, package and distribute the drugs. He also maintained a video surveillance system at the residence for the protection of his drugs and money.

 

Baker and others distributed drugs in the Dayton area that resulted in a number of overdoses, at least one of which was fatal.

 

Specifically, in March 2017, two individuals bought what they thought was heroin from Baker and others in Trotwood. The substance actually contained carfentanil. Upon purchasing the drugs, the individuals drove to the parking lot of a Dayton area restaurant to use them. One individual snorted the drugs and the other used a syringe to inject the drugs. Both overdosed, and the person who injected the drugs could not be resuscitated and was pronounced dead the following morning.

 

As part of his plea, Baker accepted responsibility for causing the death of one individual and serious bodily injury to at least two others who experienced nonfatal overdoses.

 

David M. DeVillers, United States Attorney for the Southern District of Ohio, Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and Dayton Police Chief Richard S. Biehl announced the plea entered into today before Senior U.S. District Judge Thomas M. Rose. Assistant United States Attorneys Sheila G. Lafferty and Amy M. Smith are representing the United States in this case.

 

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COLUMBUS, Ohio – David M. DeVillers was sworn in today as United States Attorney for the Southern District of Ohio. Chief U.S. District Judge Algenon L. Marbley administered the oath of office. President Trump nominated DeVillers for U.S. Attorney on Sept. 9, and the United States Senate approved his confirmation on Oct. 28.

 

DeVillers has been an Assistant United States Attorney for the Southern District of Ohio since July 2002.

 

Prior to that, he was an Assistant Franklin County Prosecutor for a decade, trying dozens of felony trials that resulted in more than 30 murder prosecutions. DeVillers also served as Director of the Organized Crime/Gang Unit for the Franklin County Prosecutor’s Office.

 

Since 2002, DeVillers’ work as a federal prosecutor has included leading numerous task forces involving the FBI, ATF, DEA, IRS and Columbus Division of Police in investigating and prosecuting organized crime.

 

In 2016, DeVillers helped lead the prosecution team that prosecuted the largest federal murder case in Ohio’s history, charging 20 members of the Short North Posse in a racketeering conspiracy involving 14 separate murders. After a two-and-half month trial, each defendant was convicted of all counts. An additional 18 gang members were convicted of drug and firearm crimes.

 

In 2004, DeVillers brought about a federal death sentence for Daryl Lawrence, for the murder of Officer Bryan Hurst of the Columbus Division of Police.

 

DeVillers served as a Prosecutor Advisor to the Iraqi High Tribunal during the trial of Saddam Hussein and other members of the former Iraqi Regime in 2006 and 2007. He had also worked on behalf of the Department of Justice in Iraq in 2004, when he investigated a foreign terrorist organization.

 

DeVillers continued his work overseas, most notably as the Department of Justice’s Resident Legal Advisor to the Republic of Georgia, living in the capital city of Tbilisi from 2010 to 2012 to combat transnational crime, corruption and international money laundering. DeVillers completed similar work for the Department in the Ukraine, Albania, Bangladesh, Kyrgyzstan, Azerbaijan and Romania.

 

Last year, DeVillers received the Mark Losey Distinguished Law Enforcement Service Award from then Ohio Attorney General Mike DeWine. DeVillers was awarded the J. Michael Bradford Memorial Award for the Nation’s Most Outstanding Assistant United States Attorney in 2008 and voted the Outstanding Assistant Prosecutor of the Year for 1999 by the Ohio Prosecuting Attorney’s Association.

 

DeVillers received his B.A. from the State University of New York, Oswego, and his J.D. from Capital University.

 

The U.S. Attorney’s Office, with a staff of 115, represents more than five million people in 48 of Ohio’s 88 counties. The Southern District of Ohio includes the metropolitan areas of Cincinnati, Columbus and Dayton.

 

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DAYTON – A Dayton registered sex offender has pleaded guilty to producing child pornography through the sexual abuse of two toddlers.

 

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Joseph M. Deters, Acting 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 plea entered into on Oct. 28 before U.S. District Judge Walter H. Rice.

 

According to court documents, Tyler Ulm, 24, created child pornography by sexually abusing a two-year-old boy and a three-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.

 

The plea agreement contemplates a sentence of 50 years to life in prison. The plea is a global resolution that also involves state charges arising out of the Montgomery County Court of Common Pleas.

 

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 of 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.

 

Ulm was indicted by a federal grand jury in March 2018.

 

U.S. Attorney Glassman commended the investigation of this case by the FBI and Dayton Police Department. Assistant United States Attorney SaMee Harden is prosecuting the federal case and Montgomery County Assistant Prosecuting Attorneys Kelly D. Madzey and Jonathan W. Sauline are handling the state charges.

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COLUMBUS, Ohio – An Ohio inmate offered a guilty plea in federal court today to writing at least 15 threatening letters containing powder. In some of the letters, he claimed the powder was anthrax or fentanyl or threatened the use of explosive devices.

 

Sean Heisa, 36, was indicted by a grand jury in May 2019. He pleaded guilty today to making false information or hoaxes and mailing threatening communications.

 

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea offered before U.S. Magistrate Judge Norah McCann King.

 

According to court documents, from July 2017 to July 2018, Heisa mailed threatening letters while incarcerated to various officials throughout the state of Ohio.

 

Heisa mailed a letter to the city manager of Painesville in August 2017 and claimed powder contained within the envelope was anthrax.

 

In the letter, Heisa described several things that were going to happen: “#1 – You are going to have trouble breathing; #2- You are going to die; #3 – You are going to become a martyr for a cause and an organization far bigger than yourself.”

 

Likewise, Heisa mailed a second letter that month to a magistrate judge in Whitehall, again claiming the powder contained within the letter was anthrax.

 

Heisa also threatened via letter officials within the Coshocton Municipal Courthouse, Franklin County Common Pleas Court and then-Ohio Attorney General Mike DeWine through threatened exposure to anthrax and the use of explosive devices.

 

Other letters threatened to injure recipients – including the former Ohio prisons director, the Columbus Dispatch, the Circleville Herald and The Ohio State University – by exposure to purported fentanyl.

 

For example, one letter to a Fairfield County Common Pleas Court judge who had presided over several hearings involving Heisa (involving robbery charges for which Heisa is now serving a combined 37-year sentence) stated: “This is enough Fentanyl to kill you and multiple coworker [sic]. You deserve a more painful death but this will do”

 

Heisa had access to what he believed to be fentanyl in prison and knew that if he could send enough fentanyl that it could kill someone, which is why he referenced it in many of his letters. Heisa chose to get high on the substance instead.

 

Heisa was charged by criminal complaint in December 2018 and arrested in January 2019.

 

Creating false information/hoaxes and mailing threatening communications are each federal crimes punishable by up to five years in prison

 

U.S. Attorney Glassman commended the investigation of this case by the FBI, and Assistant United States Attorney Jessica W. Knight, who is prosecuting the case.

 

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COLUMBUS, Ohio – Charles Michael Stratton, 62, of Fairborn, offered a guilty plea in U.S. District Court today to wire fraud and money laundering. Stratton defrauded his former employer, Honda, out of more than $750,000.

 

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea offered before U.S. Magistrate Judge Norah McCann King.

 

Stratton served as the Facilities Manager for Honda of America Manufacturing, Inc. in Marysville, from 2008 until March 2015. In his role, he oversaw various vendor contracts, including those for security services, janitorial services, food service and uniform/laundry on behalf of Honda.

 

Acrux Investigation Agency, located in Lakeview, provided physical and personal security services for Honda. Surmount, also located in Lakeview, was a subsidiary of Acrux and provided monitoring services to Honda.

 

Stratton executed a scheme to defraud Honda using Acrux and Surmount by creating multiple purchase orders for payments in amounts just under $100,000, a threshold in which additional oversight and approval is required.

 

Using these purchase orders, as well as the main labor contract, Stratton caused Acrux and Surmount to submit false invoices to Honda and instructed them to keep the money in a “future fund.” Money allocated to the future fund was then used, in part, to pay Stratton directly or through his organization, SAFE. Springfield Area Fastball Elites, Inc. (SAFE) was an Ohio non-profit created by Stratton to support local baseball teams; however, SAFE lost its classification as a 501(c)(3) in 2010.

 

Stratton also defrauded at least three other Honda vendors through the solicitation of donations for SAFE between 2012 and 2014, when it no longer held its tax-exempt status. Stratton received multiple donation checks, which he would either deposit in part to the SAFE bank account, while keeping a portion of the donation in cash for himself, or deposit the donation check entirely into his personal account. Only a fraction of the funds received through donations were actually spent in furtherance of SAFE’s mission.  

 

Stratton was indicted by a grand jury in May 2018. Wire fraud is punishable by up to 20 years in prison and money laundering carries a potential maximum sentence of 10 years in prison.

 

As part of his plea, Stratton agrees to pay $750,635.95 in restitution to Honda and $10,000 in restitution to Scioto Industrial Services.

 

U.S. Attorney Glassman commended the investigation of this case by the FBI, and Assistant United States Attorneys Jessica W. Knight and Peter K. Glenn-Applegate, who are prosecuting the case.

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DAYTON – Michael J. Blair, 21, of Dayton, was sentenced in U.S. District Court to 51 months in prison for possessing a firearm after being convicted of a felony crime.

 

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Dayton Police Chief Richard S. Biehl, Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division announced the sentence handed down Oct. 29 by Senior U.S. District Judge Thomas M. Rose.

 

According to court documents, in August 2018, law enforcement were conducting surveillance with the assistance of an airplane. During surveillance, those in the airplane observed Blair moving back and forth across a vacant field in Dayton conducting what appeared to be multiple hand-to-hand drug transactions with cars that pulled up in an alley.

 

Law enforcement searched an area of brush to the side the alley where they had observed Blair and discovered two firearms, an extended magazine loaded with a total of 27 live rounds, fentanyl, cocaine and $1,060. In addition to the handguns, drugs and money, officers found pieces of paper labeled “GEEK,” a term commonly used to refer to drug users. The papers included numerous phone numbers listed on the papers with some also indicating what kind of drug they normally purchase.

 

Blair pleaded guilty in May 2019. As part of his sentence, he forfeited two 9mm pistols. Blair had previously been convicted of burglary in Montgomery County Common Pleas Court.

 

This case is being prosecuted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

 

U.S. Attorney Glassman commended the investigation by the Dayton Police Department and FBI, and the assistance of the Ohio State Highway Patrol and ATF, as well as Assistant United States Attorney Amy M. Smith, who is representing the United States in this case. 

 

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DAYTON – Today the government is unsealing charges against three individuals who are facing fraud charges in connection to a public corruption investigation in Dayton.

 

 

The briefing will be held:

 

TODAY: TUESDAY, OCT. 29, 2019

 

WHEN:           2:30 P.M.

 

WHERE:         Walter H. Rice Federal Building

                        First floor conference room

                        200 West Second Street

                        Dayton, Ohio 45402

 

WHO:             U.S. Attorney Benjamin C. Glassman

                        Joseph M. Deters, Acting Special Agent in Charge, FBI

                       

                                               

 

 

Room available beginning at 2:15 P.M. No TV lighting provided. ID and valid media credential will be required for entrance at Security.

 

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DAYTON – Three individuals are facing fraud charges in relation to a public corruption investigation in Dayton.

 

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio and Joseph Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the charges, which were unsealed today.

 

In May, a federal grand jury indicted:

• Steve R. Rauch, 64, of Germantown, – owner, operator and president of a series of companies including Steve Rauch Inc., Rauch Trucking and SRI Inc. that perform demolition, trucking and landfill work;
• Joyce S. Cameron, 71, of Trotwood, – who owned, operated and served as president of Green Star Trucking, Inc., a business that hauls construction materials and demolition debris; and
• James Cameron, 80, of Trotwood, – Joyce Cameron’s husband and Green Star employee.

According to court documents, Rauch, with the assistance of Joyce and James Cameron, fraudulently convinced government entities to award and pay out hundreds of thousands of dollars in demolition contracts.

 

Rauch paid the Camerons a fee – usually either several thousand dollars or credits against debts owed to Rauch – in exchange for using Green Star’s name on contracts.

 

Green Star was qualified as a Disadvantaged Business and the Camerons allegedly allowed for Rauch to name Green Star on contracts even though it did not perform the work required of a Disadvantaged Business. In actuality, Rauch’s companies allegedly completed the work and Green Star received a cut of the proceeds.

 

Joyce or James Cameron allegedly signed paperwork fraudulently certifying that Green Star had performed all of the work consistent with the government contracts. Rauch also allegedly instructed James Cameron to be present at work locations to create the false appearance that Green Star was actually performing work, even though Cameron performed no work on site.

 

Rauch and Joyce and James Cameron are each charged with one count of conspiracy to commit mail fraud and six counts of mail fraud. Both crimes are punishable by up to 20 years in prison.

 

In April, a federal grand jury returned indictments against a former Dayton city commissioner, a then current city official and two Dayton businessmen, charging them with fraud and public corruption.  

 

Those charged in that round of indictments include former Dayton city commissioner Joey Williams, former director of Dayton’s Minority Business Assistance Center Roshawn Winburn, Clayton Luckie and Brian Higgins.

 

Luckie pleaded guilty in July to mail fraud and Williams pleaded guilty in September to accepting a thing of value in connection with a local government.

 

U.S. Attorney Glassman commended the investigation of this case by the FBI, Ohio Attorney General’s Bureau of Criminal Investigation (BCI) and the Ohio Auditor of State’s Office, as well as assistant United States Attorneys Brent G. Tabacchi, SaMee Harden and Dominick S. Gerace, who are 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.

 

If you have any information related to the schemes alleged above, please contact the FBI’s Dayton Public Corruption Tip Line at 937-291-5222.

 

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