FEDERAL DISTRICT ARCHIVE
Southern District of Ohio
Press releases recorded for this federal judicial district.
Pennsylvania Man Pleads Guilty to Illicit Sexual Conduct Charges, Receiving Child PornographyRead the Press Release
COLUMBUS – Jason C. Kozlowski, 32, of Glen Rock, Pennsylvania, pleaded guilty in U.S. District Court to traveling interstate with the intent to engage in illicit sexual conduct and receiving child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Grove City Police Chief Steve Robinette, Pickaway County Sheriff Robert B. Radcliff, and members of the Franklin County Internet Crimes Against Children (ICAC) Task Force announced the plea entered into today before U.S. District Chief Judge Edmund A. Sargus, Jr.
According to court documents, on October 10, 2014, Grove City police officers observed Kozlowski in his vehicle behind a Target store nude from the waist down with a 15-year-old female.
Upon interviewing Kozlowski and the minor female, investigators discovered the two had been communicating since approximately March of 2014 by Facebook, e-mails, text messages and telephone calls. Text messages found on the phones of Kozlowski and the minor female revealed that Kozlowski had sent the girl sexually explicit messages. Kozlowski was aware of the female’s age and the laws in the state of Ohio regarding consent.
Kozlowski told law enforcement officials the 15-year-old was going to get a letter from her parents giving him permission to “be with” with the girl. The defendant admitted to driving from Pennsylvania to Ohio to pick up the female and explained they went to dinner, shopping, and then parked behind the Target store and engaged in sex acts.
Investigators discovered nude photographs of both the defendant and the victim had been exchanged vita text. They also discovered pornographic images of a different, 13-year-old female on Kozlowski’s computer.
Traveling in interstate commerce with the intent to engage in illicit sexual conduct is a crime punishable by up to 30 years in prison. Receiving child pornography is punishable by up to 20 years imprisonment.
The Franklin County ICAC Task Force is a multi-agency effort dedicated to the fight against computer facilitated crimes against children. The following agencies are members:
Franklin County Sheriff’s Office Upper Arlington Police Department Grove City Police Department Columbus Police Department Grandview Heights Police Department Whitehall Police Department Hilliard Police Department Westerville Police Department Homeland Security Investigations U.S. Secret Service Ohio ICAC Franklin County Prosecutor's OfficeThis case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
U.S. Attorney Stewart commended the cooperative investigation by law enforcement, as well as Assistant United States Attorneys Heather Hill and Jessica Kim, who are representing the United States in this case.
California Man Sentenced for Trafficking Marijuana, Laundering MoneyRead the Press Release
COLUMBUS, OHIO – Samuel A. Flek, 25, of Orangevale, Calif. was sentenced to 36 months in prison, three years of supervised release, and was ordered to forfeit $339,045 in currency on one count of conspiracy to possess with the intent to distribute more than 100 kilograms of marijuana and one count of conspiracy to commit money laundering. Flek pleaded guilty to the aforementioned charges on November 5, 2014.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Marlon V. Miller, Special Agent in Charge, U.S. Homeland Security Investigations, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, Columbus Police Chief Kim Jacobs and Franklin County Sheriff Zach Scott announced the sentence handed down today by U.S. District Judge Michael H. Watson.
According to court documents, beginning in April 2012, Flek was paid by a drug organization to make regular trips to Columbus, Ohio for the purpose of transporting narcotics proceeds from Ohio to California on behalf of co-conspirators. Flek often stored the money in his luggage and also began shipping the cash in FedEx boxes under an alias.
Investigators established that Flek used a fraudulent Ohio driver’s license to rent a storage unit in Hilliard, Ohio to count, package, and prepare the drug proceeds for shipping, and that Flek transported and/or shipped more than $1.5 million in drug trafficking proceeds.
The investigation established that Flek transported between 100 and 400 kilograms of marijuana from Columbus to Dayton, Ohio.
“The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs. Without these ill-gotten gains, the traffickers could not finance their organizations,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “IRS Criminal Investigation is committed to taking the profit away from the drug traffickers and putting those individuals in jail.”
U.S. Attorney Stewart commended the cooperative investigation by the Bulk Cash Smuggling Task Force, as well as Assistant United States Attorney Mike Hunter and Special Assistant United States Attorney Brian Martinez, who prosecuted the case.
Cincinnati Man Sentenced for Possessing Firearm as A FelonRead the Press Release
CINCINNATI – Kenneth Johnson, 32, of Cincinnati, was sentenced in U.S. District Court to 84 months in prison for possessing a firearm as a felon.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Sharonville Police Chief Aaron Blasky and Donald J. Soranno, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Columbus Field Division, announced the sentence handed down yesterday by U.S. District Judge Susan J. Dlott.
According to court documents, on or about May 25, 2014, Johnson, a previously convicted felon, possessed a pistol and seven rounds of ammunition. On that date, officers on foot patrol observed marijuana on the floorboard in the defendant’s vehicle and the smell of fresh marijuana on his person. When officers asked the defendant to move so they could search his vehicle, he drove away.
During the pursuit, Johnson slowed his vehicle while driving over a bridge. After being stopped at a hotel across the street, officers called in the K9 unit to search the bridge area. The search resulted in the recovery of a firearm.
Johnson pleaded guilty on September 30, 2014 to one count of felon in possession of a firearm. As part of his plea agreement, the defendant agreed to forfeit all firearms and ammunition within his possession.
U.S. Attorney Stewart commended the cooperative investigation by the Sharonville Police Department and ATF, as well as Cincinnati Branch Chief Anthony Springer, who prosecuted the case.
Cincinnati Man Sentenced for Dealing Firearms Without A LicenseRead the Press Release
CINCINNATI – Vernon Warner II, 29, of Cincinnati, was sentenced in U.S. District Court to 54 months in prison for dealing in firearms without a license.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Cincinnati Police Chief Jeffrey Blackwell and Donald J. Soranno, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Columbus Field Division, announced the sentence handed down yesterday by U.S. District Judge Susan J. Dlott.
According to court documents, beginning on or about January 9, 2014 until April 2014, Warner engaged in the business of dealing six firearms without being a licensed dealer. The weapons included a rifle, handguns, a revolver and two semi-automatic pistols.
Warner pleaded guilty on October 29, 2014 to one count of dealing in firearms without a license. As part of his plea agreement, the defendant agreed to forfeit all firearms and ammunition within his possession.
U.S. Attorney Stewart commended the cooperative investigation by the Cincinnati Police Department and ATF, as well as Cincinnati Branch Chief Anthony Springer, who prosecuted the case.
Columbus Man Pleads Guilty to 6 Armed Robberies in 4 StatesRead the Press Release
COLUMBUS – William J. McBride, Jr., 49, of Columbus, pleaded guilty in U.S. District Court to armed bank robberies in Ohio, West Virginia, Kentucky and Indiana.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, John Barrios, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, William J. Ihlenfeld, II, United States Attorney for the Northern District of West Virginia, John E. Kuhn, Jr., Acting United States Attorney for the Western District of Kentucky, Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky, and Joshua Minkler, Acting United States Attorney for the Southern District of Indiana, announced the plea entered into today.
According to court documents, between June 21, 2014 and August 23, 2014, McBride robbed six different federally insured banks in five different federal jurisdictions while armed with a dangerous weapon.
McBride, at gunpoint, demanded and received more than $21,000 in cash total from the banks. The defendant did not wear any disguise during the robberies, and witnesses in each location described him similarly.
On August 23, 2014, a witness reported McBride’s license plate number upon seeing the defendant flee in his vehicle after robbing the Wesbanco Bank in St. Clairsville, Ohio. Law enforcement officials discovered the vehicle was registered to McBride and subsequently arrested him later the same day in a hotel in Columbus.
McBride pleaded guilty to six counts of armed robbery. He remains in custody.Each count of armed robbery is a crime punishable by up to 25 years in prison.
U.S. Attorney Stewart commended the cooperative investigation by the FBI and other law enforcement agencies in each jurisdiction, as well as Assistant United States Attorney Salvador A. Dominguez, who is representing the United States in this case.
Columbus Man Sentenced to 15 Years for Sex Trafficking of ChildrenRead the Press Release
COLUMBUS – Valerio Alexander, 46, of Columbus, was sentenced in U.S. District Court to 15 years in prison for human trafficking.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Marlon Miller, Special Agent in Charge, Homeland Security Investigations (HSI), Ohio Attorney General Mike DeWine, Ohio State Highway Patrol Commander Paul Pride and Columbus Police Chief Kim Jacobs announced the sentenced handed down by U.S. District Judge Edmund A. Sargus Jr.
According to court documents, a 16-year-old female was taken to Alexander’s home for the purpose of exchanging sex for drugs by co-defendant Thomasina Howard. Alexander suggested he could provide them food, shelter and drugs, in exchange for Howard and the victim engaging in prostitution for Alexander’s financial benefit.
Alexander took photographs of the child and caused the pictures to be used as advertisements for prostitution on Backpage.com. Alexander instructed the victim to stay at a Columbus apartment he provided and offered her condoms and marijuana to “calm her nerves.” The victim followed Alexander’s instructions and engaged in sexual activity for money.
Alexander pleaded guilty on January 18, 2014 to sex trafficking of children.
“The defendant caused a 16-year-old female to engage in a commercial sex act, by taking sexually suggestive photographs of her, causing those photographs to be placed in advertisements for prostitution, and instructing her how to speak to prostitution clients that called in response to the advertisement,” Assistant U.S. Attorney Heather Hill told the court.
U.S. Attorney Stewart commended the investigation by HSI, Columbus Police and Ohio Attorney General DeWine’s Ohio Organized Crime Investigations Commission.
U.S. Attorney Stewart also commended Assistant U.S. Attorneys Heather Hill and Deborah Solove, who prosecuted the case.
Blanchester Man Sentenced to 30 Years in Prison for Producing Pornography of ChildrenRead the Press Release
CINCINNATI – Stewart M. Kidwell, 37, of Blanchester, was sentenced in U.S. District Court to 30 years in prison for production of child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, John Barrios, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Office, Hamilton County Sheriff Jim Neil, Cincinnati Police Chief Jeffrey Blackwell and members of the Greater Cincinnati Internet Crimes Against Children Task Force, announced the sentence handed down today by U.S. District Judge Susan J. Dlott.
According to court documents, the Cincinnati Police Department received a report from a citizen concerned by Kidwell’s statements on social media. Agents with the Greater Cincinnati Internet Crimes Against Children Task Force communicated with Kidwell undercover. During this communication, Kidwell told task force officers he was into “young taboo” and sent several pornographic images of a pre-pubescent girl.
Investigators also discovered a posting on Kidwell’s public Facebook page with a link to an incest website with a message that he was “willing to share.”
While executing a search warrant, Kidwell agreed to speak with law enforcement officials and admitted to taking the child pornographic photos he sent to the undercover officer. He identified the female depicted in the photos as a family member, who was less than 6 years of age at the time the photos were taken.
Kidwell pleaded guilty on August 18, 2014 to production of child pornography. He was also sentenced to lifetime supervised release.“Kidwell’s actions are outrageous and reprehensible,” Assistant U.S. Attorney Christy Muncy told the court. “They have no place in a decent society whose mission should be to protect and nurture children, not abuse them. Kidwell was charged with the duty to protect the victim from the evils of the world – not be the evil.”
Agencies participating in the task force in addition to the U.S. Attorney’s Office are the: Amberley Village Police Department
Blue Ash Police Department
Cincinnati Police Department
Federal Bureau of Investigation
Hamilton County Prosecutor Joe Deters
Hamilton County Sheriff Jim Neil
Homeland Security Investigations
Secret Service
U.S. Marshals Service
West Chester Police DepartmentU.S. Attorney Stewart commended the cooperative investigation by task force officers, as well as Assistant United States Attorney Christy Muncy, who prosecuted the case.
Woman Sentenced to Prison for Defrauding St Albert the Great’s Parent Teacher Organization of More Than $67,000Read the Press Release
DAYTON – Jennifer Boggan, 41, of Centerville, Ohio, was sentenced in U.S. District Court to one year in prison for wire fraud, placed on three years of supervised release and ordered to make restitution in the amount of $50,464.02.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Mark Porter, Special Agent in Charge, U.S. Secret Service, and Kettering Police Chief James M. O’Dell announced the sentence handed down today by U.S District Judge Walter H. Rice.
According to court documents, from approximately September 2010 until February 2012, Boggan served as the volunteer treasurer for St. Albert The Great Catholic School Parent Teacher Organization (PTO) in Kettering, Ohio. During that time, Boggan embezzled funds from the PTO’s bank account by a variety of methods, including preparing and endorsing checks to herself and her mother. Boggan attempted to conceal her fraudulent activities by falsely coding the checks as legitimate expenditures. She also made unauthorized cash withdrawals and purchases of gift cards from Target and the Greene Town Center using money from the PTO’s bank account.
As a result of Boggan’s scheme, she caused a loss of approximately $67,329.98 to the St. Albert PTO.
Boggan pleaded guilty on March 14, 2014 to wire fraud.“Boggan stole money raised by elementary school kids that was used to help offset the costs of school field trips, purchase teaching supplies, acquire ‘Smart Boards,’ fund scholarships and arrange for guest speakers,” Assistant U.S. Attorney Alex Sistla told the court. “Her entire tenure as the PTO’s volunteer treasurer was marked by deceit and fraud.”
U.S. Attorney Stewart commended the cooperative investigation by the Secret Service and Kettering Police Department, as well as Assistant United States Attorney Alex R. Sistla, who is representing the United States in this case.
Two Men Charged with Sex TraffickingRead the Press Release
CINCINNATI – A federal grand jury has charged Anthony Lee Brown, 48, of Cincinnati, Ohio and Christopher Combs, 25, of Cincinnati, Ohio, with sex trafficking in an indictment returned in Cincinnati.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, John Barrios, Federal Bureau of Investigation (FBI) Acting Special Agent in Charge - Cincinnati Division, and Jeffrey Blackwell, Cincinnati Chief of Police, announced the indictment returned yesterday.
The indictment alleges that beginning on or about October 7, 2014 through November 18, 2014, Brown and Combs used a facility of interstate commerce to coerce and entice individuals to engage in sexual activity. The defendants allegedly transported individuals from Ohio to Kentucky and elsewhere to engage in prostitution.
Coercion and enticement is a crime that is punishable by up to 20 years in prison. Transportation of an individual to engage is prostitution is a crime punishable by up to 10 years imprisonment.
Brown and Combs were arrested by Officers assigned to the Cincinnati Police Department – Vice Unit and Special Agents with the FBI on January 22.
U.S. Attorney Stewart commended the investigation of this case by the FBI, Cincinnati Police Department, and Assistant U.S. Attorney Christy Muncy, who is prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Retired Air Force Sergeant Sentenced for Child ExploitationRead the Press Release
DAYTON – Ronald L. Bennett, 45, was sentenced in U.S. District Court to 70 months in prison for engaging in illicit sexual conduct in 2005 and 2006 with at least two boys while he was on active duty with the U.S. Air Force and stationed at Wright-Patterson Air Force Base.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, John A. Barrios, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, and the Air Force Office of Special Investigation (AFOSI) 10th Field Investigations Squadron, announced the sentence imposed today by U.S. District Judge Timothy Black.
Bennett pleaded guilty on July 16, 2013 to one count of travel with intent to engage in illicit sexual conduct.
According to court documents, while Bennett was on active duty with the U.S. Air Force, he began engaging in sexual activity with two boys who lived in the vicinity of the base. In 2006, Bennett was transferred to Barksdale Air Force Base in Louisiana. He enticed one of the boys to travel with him to Louisiana and the two engaged in illicit sexual conduct. While in the Dayton area to pick up the victim, he engaged in similar illicit sexual conduct with another boy in a hotel room where other boys were also present.
After 22 years in the Air Force, Bennett retired as a Technical Sergeant (TSgt) with an honorable discharge in 2010. AFOSI and the FBI began investigating Bennett in 2012, after one of the victims came forward and revealed the illicit sexual conduct to a family member, who alerted law enforcement. The federal statute of limitations for crimes against children extends for the life of the child, or ten years after the crime, whichever is longer.
Bennett was also order to serve a term of 10 years under supervised release at the conclusion of his prison sentence. He will also be required to register as a sex offender anywhere he lives, works, or goes to school after his release from prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
U.S. Attorney Stewart commended the cooperative investigation by the agencies involved, as well as Assistant U.S. Attorneys Vipal Patel and Alex Sistla, who prosecuted the case.
Lawrence County Sheriff’s Deputies Charged with Use of Unreasonable ForceRead the Press Release
CINCINNATI – A federal grand jury in Cincinnati has charged Jeremy S. Hanshaw, 36, of Coal Grove, Ronald S. Hatfield, 25, of Waterloo, and Jason D. Mays, 22, of South Point, with conspiring to deprive, and depriving, an arrestee of civil rights while acting under the color of law as deputies of the Lawrence County Sheriff’s Office.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, and John A. Barrios, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, announced the indictment unsealed today.
The indictment alleges that on or about August 16 to August 17, 2014, while working as deputies at the Lawrence County Jail, Hanshaw and Hatfield slammed, kicked and punched a victim when that victim was handcuffed behind his back and was not resisting or posing a physical threat to any officer. The officers allegedly slammed the victim to the ground and restrained him in a chokehold while lying on top of the victim. The indictment further alleges that Hanshaw choked the victim and delivered an elbow strike to the victim’s head while the victim was restrained on a medical gurney. Then-deputy Mays allegedly struck the victim in the neck with a closed fist and attempted to block a surveillance camera while his fellow officers had the victim on the ground.
In addition, one or more of the defendants allegedly wrote false entries on logs and reports in which they created a false justification for the assault on the victim.
Conspiracy to deprive an individual of civil rights and deprivation of civil rights are crimes punishable by up to 10 years in prison.
The defendants were arrested on January 15, 2015 by FBI agents.
“Good policing practices are essential,” U.S. Attorney Stewart said. “Law enforcement strategies must be consistent with constitutional rights.”
“The protection of civil rights is one of the FBI’s highest criminal priorities,” stated Acting Special Agent in Charge John A. Barrios. “The FBI is committed to holding accountable those who believe they can abuse the powers they have been granted.”
U.S. Attorney Stewart commended the investigation of this case by the FBI and recognized the Lawrence County Sheriff’s Office and the Lawrence County Prosecutor’s Office for their assistance, as well as Assistant U.S. Attorneys Emily Glatfelter and Alexis Zouhary, who are prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Former Dublin Resident Sentenced for $10.1 MillionRead the Press Release
REAL ESTATE SCAM, FALSELY OBTAINING $3.5 MILLION
FROM VICTIMS ASSOCIATED WITH MIAMI HEAT
COLUMBUS -- Haider Zafar, 36, formerly of Dublin, Ohio, was sentenced in U.S. District Court to to 72 months in prison, three years of supervised released, and was ordered to pay $15,723,034 in restitution, of which $2,083,565 is payable to the Internal Revenue Service (IRS) upon his convictions for committing a $10.1 million fraud scheme involving false representations about investments in Pakistani real estate, and for fraudulently obtaining $3,524,469 from seven victims associated with the Miami Heat professional basketball franchise.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation, Cincinnati Field Office, George L. Piro, Federal Bureau of Investigation (FBI), Miami Field Division, and U.S. Attorney Wifredo A. Ferrer, Southern District of Florida, announced the sentence handed down today by U.S. District Judge Edmund A. Sargus Jr.
Zafar was indicted on the Pakistani real estate fraud in the Southern District of Ohio. He pleaded guilty in the U.S. District Court in Columbus on February 27, 2014 to 19 counts of wire fraud, seven counts of money laundering, one count of filing a false federal income tax return and three counts of failing to file federal income tax returns contained in the Columbus indictment.
Zafar’s case that involved victims associated with the Miami Heat originally was filed in the Southern District of Florida, but was transferred to the Southern District of Ohio. He pleaded guilty in the district court in Columbus on October 2, 2014 to the five counts of wire fraud charged in the Miami case.
According to Ohio court documents, Zafar, who resided in both Dublin and in south Florida, told the primary victim of his real estate scheme that Zafar’s uncle was the Minister of Defence of Pakistan and was responsible for acquiring land on behalf of the Pakistani government. Zafar told the victim his uncle would inform him of land the Pakistani government intended to purchase. He recruited the victim to be his partner in purchasing such land before the Pakistani government did, saying they would then sell the land to the government at a greatly inflated price. Between January 2008 and February 2010, Zafar prompted his victim to wire $10,115,000 into accounts controlled by Zafar.
“Zafar knew he was not going to use the money he took from the victim to purchase real estate, but rather intended to use the money to purchase jewelry, exotic automobiles, and otherwise live a lavish lifestyle,” Assistant U.S. Dale E. Williams, Jr. told the court.According to his Florida indictment, Zafar would falsely portray himself to his victims as Haider Zafar Haswhani, a member of a wealthy and influential Pakistani family that operated several hotels, textile plants and oil businesses. He claimed he lived in a penthouse in New York City and also had residences in upscale hotels and apartment complexes around the nation.
Using this false persona, Zafar approached a Miami Heat sales executive and fraudulently obtained a Miami Heat premium three-season ticket package, which cost $1,055,000, with a promise to pay in the near future. He used the scheme to approach several investors, promising them various investment opportunities that were in fact fraudulent. He ultimately obtained in excess of $3,500,000 from his Miami fraud scheme.
Zafar reported a taxable income of zero on his 2007 federal income tax return, omitting $221,500 in taxable income. Zafar also earned more than $10 million from fraud his scheme between 2008 and 2010, but did not file income tax returns.
IRS Special Agents arrested Zafar at Port Columbus Airport on May 25, 2013. He has been in custody since his arrest.
Under terms of the Ohio plea agreement, Zafar will file income tax returns and pay taxes for 2007 through 2010. He also agreed to a forfeiture money judgment of $10,115,000.
In the Southern District of Ohio case, Zafar was sentenced to 72 months in prison, three years of supervised release, and was ordered to pay $12,198,565 in restitution, of which $2,083,565 is payable to the IRS.
In the Southern District of Florida case, Zafar was sentenced to 46 months in prison, three years of supervised release, and was ordered to pay $3,524,469 in restitution.
Both of these sentences are to be served concurrently.
"Investment fraud is like a 'house of cards,’” said Kathy A. Enstrom, Acting Special Agent in Charge, IRS, Criminal Investigation. “The underlying structure can fall apart at any time and leave many investors in financial ruin.”
U.S. Attorney Stewart acknowledged the investigation by special agents of IRS-Criminal Investigation Division and the assistance of the FBI office in Miami, Florida as well as Assistant United States Attorneys Dale E. Williams Jr. of Columbus and Luis M. Perez of Miami, who represented the United States in these cases.
Hamilton Man Sentenced to 195 Months for Bank Robbery, Owning Child PornographyRead the Press Release
CINCINNATI – Shane E. Bowlin, 39, of Hamilton, Ohio, was sentenced in U.S. District Court today to 195 months in prison for bank robbery, attempted bank robbery and possession of child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Steven Dettelbach, United States Attorney for the Northern District of Ohio, Barbara L. McQuade, United States Attorney for the Eastern District of Michigan, David J. Hickton, United States Attorney for the Western District of Pennsylvania, and John Barrios, Federal Bureau of Investigation (FBI) Acting Special Agent in Charge, Cincinnati Division, announced the sentenced handed down today by U.S. District Judge Timothy S. Black.
On or about June 20, 2013, Bowlin robbed a Fifth Third Bank in Lambertville, Mich. During that robbery he utilized a dangerous weapon. Later that month, he attempted to rob a Citizens Bank in Verona, Pa. and successfully robbed a PNC Bank in Cuyahoga Falls, Ohio. In July, he robbed the Delaware County Bank and Trust Company in Galena, Ohio.
In July, investigators discovered a large amount of cash in a hotel room occupied by Bowlin and in his vehicle. They also uncovered dye-stained money and disposable gloves tying him to the Lambertville robbery. During the search, officers also discovered approximately 1700 images and 55 videos depicting child pornography in a thumb drive and on a laptop computer.
Bowlin pleaded guilty to three counts of bank robbery, including the Michigan robbery which was originally filed in the Eastern District of Michigan and transferred to the Southern District of Ohio. He also pleaded guilty to one count of attempted bank robbery and possession of child pornography.Bowlin was also sentenced to 5 years supervised release with a lifetime of registration as a sexual offender.
U.S. Attorney Stewart commended the cooperative investigation by the FBI, Sharonville Police Department, Ohio Bureau of Criminal Investigation, Delaware County Sheriff’s Office, Cuyahoga Falls Police Department, Canal Fulton Police Department, Monroe County, Mich. Sheriff’s Office, and Penn Hills, Pa. Police Department, as well as Criminal Chief Kenneth L. Parker, who is representing the United States in this case.
Financial Advisor Charged with Structuring Financial Transactions, Mail and Wire FraudRead the Press Release
COLUMBUS – A federal grand jury has charged Jason W. Cox, 39, of Dublin, with structuring cash withdrawal transactions, and with mail and wire fraud in an indictment returned in Columbus.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation announced the indictment returned today.
The indictment alleges that Cox structured cash withdrawals of $10,000 or under to avoid currency transaction reports between January 3, 2014 and March 30, 2014. He is charged in eight counts of aggravated structuring of $ 107,000 total.
In late 2012 through early 2013, the defendant also allegedly used his position as a financial advisor with a national financial services company to defraud an investor. Cox allegedly obtained funds for his own purposes while fraudulently representing that the funds were an investment in a business and that the investment had a guaranteed 10% rate of return. The defendant allegedly convinced the investor to give him a $10,000 check for the “off the books” investment.
Cox allegedly used the same fraudulent business scheme to obtain $10,000 via wire transfer from a second investor on or about March 15, 2013.
Structuring financial transactions is a crime punishable by up to 10 years in prison. Mail fraud and wire fraud are crimes punishable by up to 20 years imprisonment.
Cox was arrested on December 11, 2014.
U.S. Attorney Stewart commended the investigation of this case by the IRS Criminal Investigation Division, and Assistant U.S. Attorney Deborah A. Solove, who is prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Local Man Sentenced for Aggravated Identity Theft, Using Deceased Children’s Identities to File False Income Tax ReturnsRead the Press Release
CINCINNATI, OHIO – Christopher K. Smith, 29, of Hamilton, Ohio, was sentenced to 24 months in jail for aggravated identity theft. Smith filed false federal income tax returns with the Internal Revenue Service (IRS) using the stolen identities belonging to deceased individuals, including children.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, announced the sentence handed down today by U.S. District Judge Michael R. Barrett.
According to court documents, between February 2012 and June 2012 Christopher Smith electronically submitted at least five false income tax returns to the IRS for the 2011 income tax year using at least ten stolen identities, all but one of which belonged to deceased individuals, including children. Smith attempted to file at least three more false income tax returns using nine other stolen identities, but these returns were rejected by the IRS.
Smith prepared and filed the false income tax returns in Fairfield, Ohio. The income tax returns contained fabricated information as it related to the taxpayer, including addresses, dependents, occupations, income amounts and education expenses. The inclusion of this false information often qualified the taxpayer listed on the return to receive the Earned Income Credit, Additional Child Tax Credit and Education Credit, which resulted in even greater refund amounts.
Smith primarily used the stolen identities of deceased persons – using the names and Social Security numbers of adults as the taxpayers and the names and Social Security numbers of children as the dependents. He further indicated on the returns that the children had passed away during the tax year. In at least four instances, including his own 2011 tax return, Smith had to change the names and Social Security numbers used as dependents on each return, until they were accepted by the IRS, as some of the victims' information had already been sent to the IRS.
Smith prepared and electronically submitted a false federal income tax return using his own name as a taxpayer and the stolen identity of an individual, falsely claiming the stolen identities of this individual’s daughter and son. This then allowed him to falsely qualify for the Earned Income Tax Credit and Additional Child Tax Credit. Smith claimed, and received on a prepaid debit card, a fraudulent refund in the amount of $7,482. Both the children’s identities were those of children who had died in 2011. Neither of the children’s parents had given Smith permission to use their child’s Social Security number of claim their child on his tax return.
The total intended loss for this scheme was $41,522. For restitution purposes, Smith owes the IRS $9,344.
U.S. Attorney Stewart commended the investigation by IRS and Assistant United States Attorney Jessica W. Knight, who is prosecuting this case.
Reynoldsburg Man Sentenced for Distributing Child PornographyRead the Press Release
COLUMBUS – James F. Druggan, Jr., 65, of Reynoldsburg, was sentenced in U.S. District Court to 10 years in prison and 10 years of supervised release for distributing child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, John Barrios, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, Westerville Police Chief Joseph Morbitzer, Reynoldsburg Police Chief Jim O’Neill and Powell Police Chief Gary L. Vest announced the sentence handed down yesterday by U.S. District Judge Peter C. Economus.
According to court documents, Druggan used an e-mail account to communicate with two different undercover agents, one posing as a 13-year-old female and one posing as the parent of three minor children. The defendant sent numerous child pornography files to each of the undercover officers via e-mail.
Druggan pleaded guilty on May 8, 2014, to one count of distributing child pornography.
“Crimes involving child pornography exacerbate the sexual victimization of the most vulnerable members of our society,” Assistant U.S. Attorney Heather A. Hill told the court. “This is not a victimless crime, but a crime that infinitely perpetuates the pain and suffering of the children that were abused to produce the images and videos that the defendant and others like him seek for their own deviant interests.”
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
U.S. Attorney Stewart commended the cooperative investigation by the FBI Child Exploitation Task Force, as well as Assistant United States Attorney Heather A. Hill, who is representing the United States in this case.Cincinnati Man Sentenced to 222 Months for Receiving Child PornographyRead the Press Release
CINCINNATI – Christopher Blain, 38, of Cincinnati, was sentenced in U.S. District Court to 222 months in prison for receiving child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Marlon V. Miller, Special Agent in Charge, U.S. Homeland Security Investigations and Mark Porter, Special Agent in Charge, U.S. Secret Service, announced the sentence handed down yesterday by U.S. District Chief Judge Susan J. Dlott.
According to court documents, investigators discovered Blain had received 825 child pornography images to one of his email addresses, which incorporated the username KDDYLVR. Blain told investigators he created the email account in 2007. Analysis of the account confirmed that between May 8, 2013 and June 14, 2013, Blain received numerous images and/or videos depicting child pornography from other individuals. The images or videos depict prepubescent minors engaged in various sexual acts and are considered sadistic.
Blain pleaded guilty on June 2, 2014 to receipt of child pornography. He has been in custody since October 2013.This case is being brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney's Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children as well as to identify and rescue victims.
U.S. Attorney Stewart commended the cooperative investigation by Homeland Security and the Secret Service, as well as Assistant United States Attorney Christy Muncy, who represented the United States in this case.
Pickerington Man Indicted on Drug, Gun, Money Laundering ChargesRead the Press Release
COLUMBUS – A federal grand jury has charged Andre W. Byrd, A.K.A. “Fat Dre”, 39, of Pickerington, Ohio, with one count of the possession of a firearm, one count of the possession of heroin, one count of conspiracy to distribute and possess with the intent to distribute heroin and cocaine, two counts of money laundering and one count of conspiracy to commit money laundering in a superseding indictment returned in Columbus.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation and Columbus Police Chief Kim Jacobs announced the superseding indictment returned today.
The superseding indictment alleges that on or about October 23, 2014, Byrd, a convicted felon, possessed two firearms and also heroin. The defendant also allegedly conspired to distribute and possess with the intent to distribute heroin and cocaine from 2011 until October of this year. The superseding indictment alleges that Byrd laundered money through the purchase of vehicles (a 2007 Chevrolet Tahoe and a 2013 Toyota Tundra) for himself.. Byrd also allegedly deposited large sums of money into a family member’s bank account that was used to rent residences and pay bills and credit card expenses.
The superseding indictment also seeks the forfeiture of two firearms and ammunition, $10,000 in currency that was seized from his residence, a 1969 Oldsmobile Cutlass, and jewelry.
Possession of a firearm of a convicted felon is punishable by up to 10 years in prison. Heroin and cocaine conspiracy charges can include a sentence of up to 40 years imprisonment. Money laundering and conspiracy to commit money laundering carries a potential sentence of up to 20 years in prison.
Byrd was arrested on November 3, 2014 by IRS and Columbus Division of Police. He remains in custody.
“The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs. Without these ill-gotten gains, the traffickers could not finance their organizations,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “IRS Criminal Investigation is committed with taking the profit away from the drug traffickers and putting those individuals in jail.”
U.S. Attorney Stewart commended the investigation of this case by the IRS Criminal Investigation, including Special Agent Robert Bogner, and the Columbus Division of Police, as well as Assistant U.S. Attorney Kevin Kelley, who is prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Mining Company Sentenced for Epa ViolationsRead the Press Release
COLUMBUS, OHIO – Oxford Mining Company, LLC (Oxford) has been ordered to pay $650,000 in fines and community service for the negligent failure to report violations of the company’s permit in connection with its coal mining operations.
Carter Stewart, U.S. Attorney for the Southern District of Ohio, Randall K. Ashe, Special Agent in Charge of the U.S. Environmental Protection Agency (U.S. EPA), Ohio Attorney General Mike DeWine and Craig W. Butler, Director of the Ohio Environmental Protection Agency (Ohio EPA) announced the sentence imposed today by U.S. District Judge Edmund A. Sargus, Jr.
Oxford was fined $500,000 and ordered to pay $150,000 in community service as part of the sentence. The community service payment will be split equally between the Ohio EPA and the National Park Foundation (NPF). The Ohio EPA will use the money to study the watersheds in Southeast Ohio and the NPF will use the money to improve and restore the waterways that are part of the Hopewell Culture National Historical Park, located near Chillicothe, Ohio.
According to Court documents, Mr. Light was the Director of Environmental Compliance for Oxford and as part of his job duties was responsible for reviewing Oxford’s environmental compliance, including the submittal of reports to the Ohio EPA. As part of their permit, Oxford is required to report to Ohio EPA permit exceedances once they are discovered.
On numerous occasions between November 2007 and November 2011, Light submitted reports to Ohio EPA that showed sampling results that were in compliance with permit limits, although he knew that the sampling results actually showed violations of the applicable permit limits.
Oxford failed to adequately oversee the activities of Light, including those activities related to the submittal of reports to Ohio EPA. Because of this failure, Oxford was unaware that discharges from its surface mines were in excess of the permitted limits and that Light had submitted false statements to the Ohio EPA.
“Energy exploration and development is critical to our country’s future, but it must be done in compliance with the law.” U.S. Attorney Stewart said. “When a company provides false information to the EPA, it undermines our ability to monitor and protect the environment and the public so that we can be sure our waters are healthy and clean.”
“Ohio EPA’s Office of Special Investigations aggressively investigates environmental crimes, and, working with our partners of the Central Ohio Environmental Crimes Task Force, prosecutes those responsible,” said Ohio EPA Director Craig W. Butler. “I’m proud of the work done by our staff and all of the task force members including the U.S. EPA Criminal Investigation Division and the Ohio Bureau of Criminal Identification and Investigation.”
“Receiving accurate and honest information is critical to EPA’s commitment to protect human health and the environment,” said Randall K. Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “Authorities must be assured that coal extraction byproducts are treated and disposed of safely and legally. Today’s sentencing demonstrates that companies that fail to comply with environmental regulations, placing the American people at risk, will be held accountable for their actions.”
Stewart commended the joint investigation by the Ohio Bureau of Criminal Investigation, Ohio EPA, the U.S. EPA Criminal Investigation Division and all members of the Central Ohio Environmental Crimes Task Force, as well as Assistant U.S. Attorney J. Michael Marous and Special Assistant U.S. Attorney Brad Beeson who prosecuted the case.Grove City Woman Sentenced in Illegal Alien Case for Failing to File an Income Tax ReturnRead the Press Release
COLUMBUS – Jennifer A. Quintana, 38, of Grove City, Ohio, owner and operator of Quintana Construction, was sentenced to two years of probation, four months of house arrest, 50 hours of community service and was ordered to pay $61,787.32 in restitution to the Internal Revenue Service and a $5,000 fine. The company pleaded guilty and was sentenced for assisting illegal aliens in this country. Jennifer Quintana pleaded guilty to on one count of willfully failing to file a federal income tax return with the IRS. Quintana Construction previously agreed with the government to cease doing business as a labor contracting firm for the construction industry.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Kathy Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Special Agent in Charge James Vanderberg, U.S. Department of Labor, Office of Inspector General, and Special Agent in Charge Marlon Miller, Immigration and Customs Enforcement (ICE) announced the sentences handed down today by U.S. District Judge Edmund A. Sargus, Jr.
According to court documents, Quintana Construction, which was operated out of Jennifer Quintana’s residence, is a construction labor contracting business that provided labor for framing assembly and apartment/condominium construction in the greater Columbus, Ohio area. Jennifer Quintana is married to Felix Quintana. Felix Quintana is a citizen of the country of Mexico and is documented to work in the U.S. Felix Quintana organized and supervised the workforce for Quintana Construction and was considered the on-site supervisor.
From January 2005 through November 2009, Quintana Construction knowingly used the labor of undocumented illegal aliens to do construction work on various job sites. The investigation revealed that in 2007, 15 undocumented illegal aliens were utilized by Quintana Construction and in 2008, 14 undocumented illegal aliens were used. For each year, the illegal aliens were the primary work force used by Quintana Construction. The undocumented illegal alien employees had no authorization to seek or maintain gainful employment in the U.S.
Jennifer Quintana submitted false forms to the IRS stating that workers were sub-contractors of Quintana Construction with valid taxpayer identification numbers, when in fact she knew they were undocumented illegal alien workers.
In 2007, Jennifer Quintana filed 18 Forms 1099-MISC with the IRS on behalf of Quintana Construction which reported nonemployee compensation paid to sub-contractors. Of these 18 Forms 1099-MISC, 15 were rejected by the IRS for not having matching names and taxpayer identification numbers. In addition, of the 18 Forms 1099-MISC, 10 of them had also been rejected by the IRS in a prior year. Upon acknowledgement of these rejected Forms 1099-MISC and receipt of the IRS Form CP2100, which reports such rejections, Quintana Construction was obligated to begin backup employment tax withholdings for those individuals, reporting such backup withholdings on a Form 945, Annual Return of Withheld Federal Income Tax, and was obligated to pay to the IRS any applicable collected backup withholdings, which Jennifer Quintana failed to do.
For tax year 2008, Quintana Construction, by and through Jennifer Quintana, paid wages in the form of non-employee compensation to her employees totaling $220,669.00, which was subject to backup withholding of federal income taxes totaling $61,787.32.
"Business owners who use undocumented workers create an unfair business advantage over there competitors, especially by not withholding and remitting income taxes to the Internal Revenue Service," said Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service, Criminal Investigation, Cincinnati Field Office.
U.S. Attorney Stewart commended the investigation by IRS, the Department of Labor, and ICE, and Senior Litigation Counsel Douglas W. Squires, who is representing the United States in this case.
Columbus Pharmacist Charged with Health Care FraudRead the Press Release
COLUMBUS, OHIO – A federal grand jury has charged Maria Mascio, 59, of Columbus, Ohio, with 46 counts related to health care fraud in an indictment returned today in Columbus, Ohio.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, John A. Barrios, Acting Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Office, Lamont Pugh, Special Agent in Charge, Department of Health and Human Services Office of Inspector General, Antoinette V. Henry, Special Agent in Charge, U.S. Food and Drug Administration (FDA), Metro Washington Field Office, Ohio Attorney General Mike DeWine and Steven W. Schierholt, Executive Director, Ohio State Board of Pharmacy announced the indictment returned today.
According to court records, Mascio was a licensed pharmacist in the State of Ohio and owner of Family Medical Pharmacy and Vision Systems, both located in Columbus, Ohio. Mascio was charged with one count of conspiracy to commit health care fraud, one count of health care fraud scheme, 37 counts of health care false statements, one count of conspiracy to defraud the United States, four counts of aggravated identity theft and one count of tampering with a witness.
The indictment alleges that from on or about January 1, 2003 and continuing through on or about January 31, 2013, Mascio schemed to defraud Medicare, Ohio Medicaid, Ohio Bureau of Workers’ Compensation and private insurers. She allegedly billed for sample drugs that could not be legally sold and also billed for medications that had not been dispensed. It is alleged that Mascio also knowingly and unlawfully used the identification of another person to bill for medication.
Conspiracy to commit health care fraud is a crime punishable by up to 10 years in prison. Health care fraud scheme is a crime punishable by up to 10 years in prison. Each count of health care false statements is punishable by up to 5 years imprisonment. Conspiracy to defraud the United States is punishable by up to 5 years in prison. Each count of aggravated identity theft includes a mandatory sentence of 2 years imprisonment and tampering with a witness is punishable by up to 20 years in prison.
U.S. Attorney Stewart commended the investigation of this case by the FBI, Health and Human Services Office of the Inspector General, Ohio Medicaid Fraud Control Unit, Ohio State Board of Pharmacy and FDA, and Assistant U.S. Attorney Ken Affeldt, who is prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Columbus Man Sentenced for Role in Cocaine Distribution RingRead the Press Release
COLUMBUS, OHIO – Stephen A. Cagle, 46, of Columbus, Ohio, was sentenced in U.S. District Court to 36 months in prison for distributing cocaine and money laundering.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Robert Corso, Special Agent in Charge, Drug Enforcement Administration (DEA), Kathy Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Columbus Police Chief Kim Jacobs and Michael Boxler, Special Agent in Charge, Columbus Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced the sentence handed down today by U.S. District Judge Gregory L. Frost.
According to court documents, on or about January 1, 2010 through September 21, 2011, Cagle, along with several others, was part of a large scale narcotics organization involved in importing, manufacturing and distributing cocaine throughout Central and Northern Ohio, Penn. and Texas.
Specifically, Cagle was responsible for distributing multiple kilograms of cocaine that was being transported into Ohio from Texas. The defendant was also involved in operating an unlicensed money transmitting business, often transporting several hundreds of thousands of dollars from Ohio to Texas.
While executing a search warrant at Cagle’s residence on September 21, 2011, investigators discovered more than 5 kilograms of cocaine, several firearms, more than $142,000 in cash and several vehicles.Cagle pleaded guilty on May 21, 2014 to conspiracy to distribute a controlled substance and money laundering.
He was ordered to forfeit $142,020 in cash and $10,000 in lieu of a vehicle seized on his property, as well as at least 13 firearms.
“All financial transactions leave a trail and we have the unique expertise to follow those leads,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Not only is a criminal going to jail for his crimes, but the government has seized a significant portion of the illegal proceeds through asset forfeiture.”
U.S. Attorney Stewart commended the cooperative investigation by the DEA, IRS-Criminal Investigation, Columbus Division of Police, and ATF, as well as Assistant United States Attorney Kenneth F. Affeldt, who is representing the United States in this case.Third Person Returns to U.S. to Plead Guilty in A False Income Tax Refund SchemeRead the Press Release
COLUMBUS, OHIO – Suheidy A. Warner, 31, of Columbus pleaded guilty to one count of conspiracy to file false claims for federal income tax refunds with the Internal Revenue Service (IRS). Warner faces a maximum of 10 years in prison and a fine of up to $250,000.
Carter M. Stewart, United States Attorney for the Southern District of Ohio; Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation, Cincinnati Field Office; and Christopher White, Assistant Inspector in Charge, U.S. Postal Inspection Service announced the guilty plea entered before U.S. District Judge Gregory L. Frost.
According to court documents, between February 2010 and June 2010 Warner abused her position of trust as a Chase Bank teller by cashing approximately 36 federal income tax refund checks she knew were fraudulently obtained. Warner was not given authorization by Chase Bank to cash these checks and was subsequently terminated.
The tax refund checks were given to Warner by a man who identified himself as Rafael Mota. Rafael Mota told her that the checks needed to be cashed for people that did not have identification, so they could cash the refund checks themselves.
The income tax refund checks were mailed to pre-arranged addresses, usually apartments in New York, New Jersey and other nearby states. The addresses contained on many of the income tax refund checks often shared the same street address, but different apartment numbers. This made it easier to collect the income tax refund checks from one location. The income tax refund checks were collected by corrupt postal workers, apartment superintendents, or other perpetrators who simply waited for the checks to be delivered by unknowing mail carriers. The perpetrators then used couriers to travel to surrounding states, including to Columbus, Ohio, to cash the checks at various check-cashing service businesses, including San Isidro Cargo. The owners of San Isidro Cargo were Mercedes Emelinda-Silie, Warner’s sister, and Jose Martinez, a family friend.
Warner used various Chase Bank customer accounts to cash the income tax refund checks. Warner deposited the funds into two prearranged accounts. One account was that of a co-conspirator located in New Jersey. The second was the account of Alberto Rivera Falcon. Nineteen income tax refund checks totaling $126,108.30 were deposited into Falcon’s account. Seventeen income tax refund checks totaling $62,107 were deposited into the account of the co-conspirator located in New Jersey. Warner received approximately $200 to $300 per check.
Warner admitted to hand-carrying these U.S. Treasury checks to work at Chase Bank, using Falcon’s account to deposit them, withdrawing large sums of cash, and leaving the bank with the cash in her possession and providing the currency to other co-conspirators.
The income tax refund checks, and the believed stolen State of New Jersey tax refund checks, were the sole sources of deposits into both accounts. Warner received the income tax refund checks with the endorsed signature directly from Rafael Mota and Alberto Falcon. None of the income tax refund checks bore Warner’s name, Falcon’s name, Mota’s name or the New Jersey co-conspirator’s name.
The total tax loss associated with Warner’s involvement in this conspiracy is approximately $188,215.30, which represents the total of the 36 purported income tax refund checks that she helped to negotiate.
On April 4, 2014 Jose Luis Martinez, 48, of Columbus, Ohio was sentenced by U.S. District Judge Gregory L. Frost to 60 months in prison, three years of supervised release, and ordered to pay $4,415,492.58 in restitution to the IRS for his role in a conspiracy to defraud the IRS by filing false claims for federal income tax refunds and for operating an unlicensed money transmitting business.
On April 24, 2014 Mercedes Emelinda-Silie, 41, of Grove City, Ohio was sentenced by U.S. District Judge Gregory L. Frost to 36 months in prison, three years of supervised release, and ordered to pay $4,415,492.58 in restitution to the Internal Revenue Service (IRS) for her role in a conspiracy to defraud the IRS by filing false claims for federal income tax refunds.
"These defendants perpetuated an elaborate scheme driven by insatiable greed and a blatant disregard for the tremendous damage inflicted on innocent victims,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Be assured that IRS Criminal Investigation, along with our law enforcement partners and the U.S. Attorney's Office, will hold those who engage in identity theft and refund fraud fully accountable."
Stewart commended the investigation by IRS-Criminal Investigation and the U.S. Postal Service, as well as Assistant United States Attorney Daniel Brown, who is representing the United States in this case.
Southern District of Ohio U.S. Attorney’s Office Collects $187 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2014Read the Press Release
COLUMBUS – U.S. Attorney Carter Stewart announced today that the Southern District of Ohio collected more than $187 million in criminal and civil actions in Fiscal Year 2014, which ended on September 30. The Southern District of Ohio earned the 7th greatest amount of collections of the 93 U.S. Attorney’s Offices nationwide. Of the $187 million, approximately$181.3 million was collected in criminal actions and approximately $5.9 million was collected in civil actions
Additionally, the Southern District of Ohio worked with other U.S. Attorneys’ offices and components of the Department of Justice to collect an additional$16.2 million in civil cases pursued jointly with these offices.
Attorney General Eric Holder announced Wednesday that the Justice Department collected $24.7 billionin civil and criminal actions in the fiscal year ending Sept. 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
“The collection figures in the Southern District of Ohio and nationwide are significant,” Stewart said. “These numbers represent our work in both our criminal and civil components and highlight our dedication to protecting our communities.”
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 to state victim compensation and victim assistance programs.
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 several 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.
Jury Convicts Dayton Man of Buying Stolen Identities Online, Filing False Income Tax Returns, and Access Device FraudRead the Press Release
DAYTON – A United States District Court jury convicted Lance Ealy, 28, of Dayton, of buying stolen identities online and using the identities to file more than 150 fraudulent federal income tax returns seeking refunds to which he was not entitled.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kathy Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Mark Porter, Special Agent in Charge, U.S. Secret Service, announced the verdict reached today which was returned following an 11-day trial that began on November 3 before U.S. District Judge Michael Barrett.
According to court testimony, between approximately January 2013 and October 2013, Ealy electronically filed at least 150 fraudulent federal income tax returns, including returns filed using the personal information of others that he had unlawfully acquired from an illicit online source. Ealy opened dozens of bank accounts at multiple financial institutions using the names and social security numbers of other individuals – without their knowledge or permission – in order to electronically deposit the fraudulent tax refunds.
The jury convicted Ealy of 46 charges, including one count of illegally possessing 15 or more unauthorized access devices, 11 counts of filing false claims for income tax refunds with the IRS, 14 counts of wire fraud, 14 counts of aggravated identity theft, one count of mail fraud, and one count of using unauthorized access devices to obtain $1,000 or more in a one-year period. An access device includes things such as payment cards and bank account numbers used to access financial accounts.
Ealy faces up to 10 years in prison on each count of possessing 15 or more unauthorized access devices with intent to defraud and using unauthorized access devices to obtain items of $1,000 or more in value; up to five years in prison on each count of filing false claims for income tax refunds with the IRS; up to 20 years in prison on each count of wire fraud and each count of mail fraud; and mandatory two-year sentences on each count of aggravated identity theft that must run consecutive to whatever sentence may ultimately be handed down. Each count of conviction also carries a fine of up to $250,000.
Ealy was initially charged in a federal complaint filed on October 28, 2013 following an investigation by Secret Service agents that revealed that Ealy had purchased stolen identities from an illicit online source. A federal grand jury initially indicted Ealy in November 2013, charging him with one count of knowingly possessing 15 or more access devices with intent to defraud.
“Individuals who commit refund fraud and identity theft of this magnitude deserve to be punished to the fullest extent of the law,” stated Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “We, along with our law enforcement partners and the United States Attorney's Office, continue to do our part in protecting the integrity of the tax system and those individuals whose identities were stolen.”
Ealy became a fugitive this past weekend, after he removed his electronic monitoring device and fled while under bond conditions. Judge Barrett has issued a warrant for Ealy’s arrest. Ealy remains at large and the public is asked to contact the United States Marshal at 937-225-2917 with reliable information regarding Ealy’s whereabouts.
U.S. Attorney Stewart commended the investigation of this case by Secret Service and IRS-Criminal Investigation agents and Assistant U.S. Attorneys Alex R. Sistla and Andrew J. Hunt, who are prosecuting the case.
Ohio Lobbyist Sentenced to 48 Months for Role in Public Corruption SchemeRead the Press Release
COLUMBUS – A former Ohio attorney and lobbyist was sentenced today for his role in a bribery and money laundering scheme involving the Ohio Treasurer’s Office.
Assistant Attorney General Leslie Caldwell of the Justice Department’s Criminal Division, First Assistant U.S. Attorney Mark T. D’Alessandro of the Southern District of Ohio, Special Agent in Charge Kevin R. Cornelius of the FBI’s Cincinnati Division, and Ohio Attorney General Mike DeWine made the announcement.
Mohammed Noure Alo, 35, of Columbus, Ohio, appeared before U.S. District Judge Michael H. Watson of the Southern District of Ohio for sentencing today. Judge Watson sentenced Alo to 48 months in prison for honest services wire fraud and ordered he pay over $123,000 forfeited as a money judgment. A co-defendant, the former Deputy Treasurer for Ohio, Amer Ahmad, fled after his guilty plea to federal program bribery and conspiracy, and is currently in Pakistani custody pending an extradition request from the United States government.
Alo was a partner and founding member of a Columbus-based law firm and became a registered lobbyist to the State of Ohio in 2010. Court records state that from approximately January 2009 through January 2011, Alo admitted he conspired with his close personal friend Amer Ahmad, 38, of Chicago, and others to use Ahmad’s role as deputy treasurer to direct official State of Ohio broker services business to Douglas E. Hampton, 39, a securities broker from Canton, Ohio, in return for payments from Hampton. Hampton funneled bribe payments in excess of $123,000 through Alo. Ahmad and Joseph M. Chiavaroli concealed additional payments from Hampton by passing them through the accounts of a landscaping business in which Ahmad and Chiavaroli held ownership interests.
As a result of the scheme, Hampton received approximately $3.2 million in commissions for 360 trades on behalf of the Ohio Treasurer’s Office. Ahmad and his co-conspirators received in excess of $500,000 from Hampton. Alo entered a guilty plea in December 2013. Both Hampton and Chiavaroli entered guilty pleas in August 2013.
Hampton is scheduled for sentencing tomorrow at 10am. Chiavaroli is scheduled for sentencing at 10am on December 1, 2014.
The case was investigated by the FBI’s Central Ohio Public Corruption Task Force, which includes special agents from the FBI and the Ohio Bureau of Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Douglas W. Squires and Trial Attorneys Eric L. Gibson and Menaka Kalaskar of the Criminal Division’s Public Integrity Section.
Georgia Man Pleads Guilty to Securities FraudRead the Press Release
CINCINNATI – Charles H. Sheehan III a/k/a/ “Duke Sheehan”, 69, of Cumming, Ga. pleaded guilty in U.S. District Court to one count of securities fraud.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, announced the plea entered today before Judge Timothy S. Black.
According to court documents, Sheehan represented himself to be the President and CEO of a purported charity called the Southern Foundation for the Advancement of Arts and Education, Inc., based in Georgia. Sheehan promised a Cincinnati-based real estate development group that he would invest $1 million from the group along with funds from the Southern Foundation in a series of purported investments. However, rather than investing the $1 million that had been wired to the defendant, Sheehan distributed the funds to himself and others.
Sheehan pleaded guilty to defrauding investors with respect to the Southern Foundation and the use of the investor funds. He has agreed to pay restitution in the amount of $1 million.
U.S. Attorney Stewart commended the investigation by the FBI, as well as Assistant United States Attorney Timothy Mangan, who is representing the United States in this case.
Air Conditioner Thief Sentenced to 31 Months for Violating Clean Air ActRead the Press Release
COLUMBUS – Martin C. Eldridge III, 35, of Columbus, was sentenced in U.S. District Court to 31 months in prison, 280 days of which has already been served, for violating the Clean Air Act when he cut the tubing on air conditioning units he was stealing and released a regulated refrigerant into the environment.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Randall K. Ashe, Special Agent in Charge of the U.S. Environmental Protection Agency (U.S. EPA), Franklin County Prosecuting Attorney Ron O’Brien and Columbus Police Chief Kim Jacobs announced the sentence handed down today by U.S. District Senior Judge James L. Graham.
According to court documents, Eldridge and others stole at least 49 air conditioner units between August and October 2013 in order to sell the copper and parts from the units at scrap yards. When he cut the tubing that connected the air conditioner to the business or residence, a refrigerant known as HCFC-22 was released. The refrigerant is regulated under the Clean Air Act because it poses a significant threat to the Earth’s ozone layer. HCFC-22 is also known as R-22 and sold under the trade names of Freon, Genetron, Arcton and Forane.
Eldridge pleaded guilty in June to one count of knowingly venting HCFCs into the environment. He was also sentenced to 3 years supervised release.
Eldridge will serve the federal sentence concurrent with his state sentence on the theft charges. Eldridge has been in state custody since October 2, 2013. Following prison time, Eldridge will be under court supervision for 12 months during which time he must perform 200 hours of community service.
“The defendant's repeated theft of air conditioners and subsequent release of refrigerant into the atmosphere was illegal and a clear violation of the Clean Air Act,” said Randall K. Ashe, Special Agent in Charge of EPA's criminal enforcement program in Ohio. “Today's sentence reflects U.S. EPA's commitment to protecting the ozone layer and the communities impacted by the defendant’s illegal conduct."
U.S. Attorney Stewart said this is the first federal case of its kind in the Southern District of Ohio. He commended the cooperative investigation by the Columbus Division of Police and U.S. EPA and the scrap metal theft task force, as well as Assistant U.S. Attorney J. Michael Marous and Special Assistant U.S. Attorneys Heather B. Robinson with Franklin County Prosecutor O’Brien’s Office and Brad Beeson with the U.S. EPA, who prosecuted the case.
California Man Pleads Guilty to Trafficking Marijuana, Laundering MoneyRead the Press Release
COLUMBUS, OHIO – Samuel A. Flek, 25, of Orangevale, Calif. pleaded guilty today in U.S. District Court to drug conspiracy and money laundering charges.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Marlon V. Miller, Special Agent in Charge, U.S. Homeland Security Investigations, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, Columbus Police Chief Kim Jacobs and Franklin County Sheriff Zach Scott announced the plea entered today before U.S. District Judge Michael H. Watson.
According to court documents, beginning in April 2012, Flek was paid by a drug organization to make regular trips to Columbus, Ohio for the purpose of transporting narcotics proceeds from Ohio to California on behalf of co-conspirators. Flek often stored the money in his luggage on commercial flights, and later began shipping the cash in FedEx boxes under an alias.
Investigators established that Flek transported and/or shipped more than $1.5 million in drug trafficking proceeds during the time period at issue.
The defendant also transported between 100 and 400 kilograms of marijuana from Columbus to Dayton, Ohio.
Conspiracy to possess with intent to distribute more than 100 kilograms of marijuana is punishable by a term of imprisonment of five to 40 years and up to a $5 million fine. Conspiracy to commit money laundering is punishable by up to 20 years in prison and, in this case, a fine of up to $678,090.U.S. Attorney Stewart commended the cooperative investigation by the Bulk Cash Smuggling Task Force, as well as Assistant United States Attorney Mike Hunter and Special Assistant United States Attorney Brian Martinez, who are representing the United States in this case.
U.S. Attorney Carter Stewart Appoints District Election OfficersRead the Press Release
COLUMBUS -- United States Attorney Carter M. Stewart announced today that he has designated Election Officers in each of the district’s three offices who will lead the efforts in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, elections.
Stewart appointed: Columbus Branch Chief Gary Spartis, Cincinnati Branch Chief Anthony Springer, (513) 684-3711
Dayton Branch Chief Laura Clemmens, (937) 225-2910As District Election Officers, they are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“It’s our duty to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation, or fraud in the election process,” U.S. Attorney Stewart said.The U.S. Attorney’s Office, in coordination with the Department of Justice’s Public Integrity Section, is responsible for enforcing the federal criminal laws that prohibit various forms of election fraud, such as vote buying, multiple voting, submission of fraudulent ballots or registrations, destruction of ballots or registrations, alteration of votes, and malfeasance by election officials.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. Residents can contact the Columbus FBI resident office at (614) 224-1183, the Cincinnati field office at (513) 421-4310 and the Dayton resident office at (937) 222-7485.
Civil Rights Division staff at the Department of Justice will be available by phone to receive complaints related to voting rights (1-800-253-3931 toll free or 202-307-2767) or by TTY (202-305-0082). In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to voting.section@usdoj.gov, and, by complaint forms that may be submitted through a link on the Department’s website, at www.justice.gov/crt/about/vot/.
“Both protecting the right to vote and combating election fraud are essential to maintaining the confidence of all Americans in our democratic system of government,” Stewart said. “We encourage anyone who has information suggesting voting discrimination or ballot fraud to contact the appropriate authorities.”Inmate Pleads Guilty to Filing False Income Tax Returns for Fellow PrisonersRead the Press Release
CINCINNATI, OHIO -- James Jeremy Savage, 41, originally from Springfield, Ohio, pleaded guilty to one count of filing false claims for income tax refunds with the Internal Revenue Service (IRS). Savage was incarcerated in Ohio state correctional facilities in Warren and Madison counties when he committed this crime. Savage faces a maximum of 5 years in prison and a fine of up to $250,000.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office announced the guilty plea entered before Chief U.S. District Judge Susan J. Dlott
According to court documents, during the 2007 through 2011 income tax years Savage participated in a scheme to defraud the IRS relative to filing false claims for income tax refunds.
From approximately October 22, 2008 to August 24, 2011 while incarcerated, Savage prepared fictitious income tax returns for fellow inmates. The income tax returns prepared by Savage reported false wages not supported by Forms W-2 or other supporting income documentation and the income tax refunds were calculated based on false federal income tax withholdings as well as various tax credits.
Savage knew the inmates, for which he prepared income tax returns for, had not worked and in some cases had been incarcerated for multiple years. In many instances, Savage prepared multiple income tax returns for the inmates, including income tax returns for the prior income tax years that had not been filed. In an effort to convince the inmates that they were entitled to an income tax refund, Savage said the money was "free money," a result of "stimulus money" provided by the President, as well as money from back taxes.
Savage caused at least 99 false claims for income tax refunds to be filed with the IRS totaling at least $148,307.04.
“The object of this refund fraud scheme was to swindle the government and the taxpaying public,” said Kathy A. Enstrom, Special Agent in Charges, IRS Criminal Investigation, Cincinnati Field Office.
Savage is currently in custody in Chillicothe Correctional Institution on unrelated state charges and will remain in custody pending sentencing in this case, for which a date has not been set.
This case is being prosecuted by Assistant U.S. Attorney Anne L. Porter and investigated by special agents of IRS-Criminal Investigation.Former Ohio State Trooper Pleads Guilty to Violating the Civil Rights of Several Female Motorists Through Sexual Activity and Cyber StalkingRead the Press Release
WASHINGTON – A former Trooper with the Ohio State Highway Patrol pleaded guilty today in Columbus, Ohio, to four counts of violating the civil rights of female motorists and one count of engaging in cyber stalking.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, United States Attorney Carter M. Stewart of the Southern District of Ohio, Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Division (FBI), Colonel Paul A. Pride, Superintendent of the Ohio State Highway Patrol (OSP) and Licking County Prosecutor Kenneth W. Oswalt made the announcement.
“There can be no greater breach of trust or abuse of authority than a police officer exploiting the power of his position to sexually abuse the very citizens he has sworn to protect,” said Assistant Attorney General Caldwell. “Today’s guilty plea should serve as a reminder that nobody is above the law, especially those who have taken an oath to uphold it.”
“I thank the State Patrol for bringing this matter to our attention and the State Patrol and FBI for conducting an exhaustive investigation,” said U.S. Attorney Carter Stewart. “I extend my sympathies to the victims of this unfortunate case. No one should ever have to fear illegal conduct from those very persons sworn to protect them and uphold the law.”
According to court documents, Bryan D. Lee, 30, of Lancaster, Ohio, served as an OSP Trooper from approximately January 2006 until October 2013. In his plea agreement, Lee admitted that he violated the civil rights of four female victims by coercing them to engage in sexual acts while some were under arrest or restrained in handcuffs. He also admitted to photographing some of the sexual encounters. Lee admitted to dropping charges for some of the victims or the drivers of the vehicles after the sexual encounters. Lee also harassed and threatened some of the victims, including sending threatening electronic messages to one individual who Lee pulled over twice during a one month period.
The investigation into Lee began when a routine review by OSP of the dash camera recordings in Lee’s cruiser revealed inappropriate conduct with a female driver and passenger who Lee had stopped for a traffic violation. OSP uncovered multiple instances of administrative and criminal misconduct by Lee and contacted the FBI to assist in their investigation. Lee resigned his position at the outset of the investigation.
Lee’s sentencing hearing will be scheduled by U.S. District Judge Michael H. Watson of the Southern District of Ohio.
The case was investigated by the FBI Cincinnati Division’s Public Corruption Task Force and the Ohio State Highway Patrol. The case is being prosecuted by Assistant United States Attorney J. Michael Marous of the U.S. Attorney’s Office for the Southern District of Ohio and Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section. Also assisting in the investigation was Fairfield County Special Prosecutor Martin Frantz.
Racketeering Indictment Charges 3 More Tied to Unsolved Homicides, Drug Trafficking, Gun CrimesRead the Press Release
COLUMBUS – A federal grand jury has indicted three more people in connection with a series of violent crimes including 13 unsolved murders as well as other attempted murders, drug trafficking, weapons trafficking, extortion and robbery. The addition to the indictment includes an additional 23 felonies, including one murder and nine attempted murders.
Seventeen individuals were indicted in the racketeering case in July. All of the defendants are accused of being an organized criminal enterprise known as the Short North Posse. Eleven defendants could face the death penalty if convicted of the crimes in the indictment.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI), Joseph P. Reagan, Special Agent in Charge, Drug Enforcement Administration (DEA), Michael Boxler, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Franklin County Prosecutor Ron O’Brien, and Columbus Police Chief Kim Jacobs announced the superseding indictment, which was unsealed today following early morning efforts to arrest and locate the defendants.
The superseding indictment alleges that beginning in 2005, members of the enterprise originally referred to themselves solely as the Short North Posse. Later some members began subsets of the Short North Posse referring to themselves as the Cut Throat Committee and later the Homicide Squad. Still within the Short North Posse, Cut Throat Committee and Homicide Squad specialized in murders and robberies of rival gang members, other drug dealers, and targets thought to have large sums of cash or firearms. The Short North Posse also identified themselves nationally with the Crips street gang.
Andre M. Brown, aka ‘Paco’, 33, of Columbus; Jonathan Holt, aka ‘Dough Boy’, 22, of Columbus and Christopher V. Wharton, 25, of Columbus were added to the indictment. Previous defendant Lance Reynolds, 31, of Columbus, was also charged with one count of racketeering conspiracy in the superseding indictment.A complete list of those charged is attached.
The superseding indictment charges one or more of the defendants with 13 unsolved homicides, 33 attempted homicides, 56 violent felonies and 73 weapons offenses. The crimes occurred in Canal Winchester, Chillicothe, Columbus, Pataskala, Pickerington, and Zanesville, between 2005 and 2012.
The superseding indictment is a result of a two-year long investigation by federal, state and local law enforcement agencies, including the FBI, DEA, ATF, Columbus Police, Franklin County Sheriff Zach Scott’s Office, and Franklin County Prosecutor Ron O’Brien’s Office. Fairfield County Prosecutor Gregg Marx, Licking County Prosecutor Kenneth Oswalt, Muskingum County Prosecutor D. Michael Haddox, Ross County Prosecutor Matthew S. Schmidt, law enforcement leaders from those counties, and officials of the Ohio Department of Rehabilitation and Correction joined U.S. Attorney Stewart in announcing the original charges.
“Thanks to the dedication of law enforcement officials in this cooperative investigation, we’re announcing charges against individuals who are allegedly responsible for 13 unsolved murders,” U.S. Attorney Stewart said. “Efforts remain ongoing, and we’re committed to solving additional homicides.”
The defendants will appear before a U.S. Magistrate Judge who will determine whether or not to hold them without bond until trial.
Stewart commended Assistant U.S. Attorneys David DeVillers and Kevin Kelley, as well as Special Assistant U.S. Attorney Jimmy Lowe with Franklin County Prosecutor O’Brien’s Office, who are prosecuting the case.
Charges contained in an indictment are allegations. All defendants should be presumed innocent until and unless proven guilty in court.
SNP
Cut Throat/Homicide SquadNo.
Name
Age
City of Residence
Counts
1
*Robert B. Ledbetter
35
Columbus, Ohio
1, 4, 9, 10, 29, 30, and 31
2
*Lance A. Green
34
Columbus, Ohio
1, 2, and 3
3
*Allen L. Wright
28
Columbus, Ohio
1, 2, and 3
4
Tysin L. Gordon
29
Columbus, Ohio
1
5
*Christopher A. Harris
27
Columbus, Ohio
1, 5, 6, 7, 8, 9, and 10
6
*Robert L. Wilson III
26
Columbus, Ohio
1, 5, 6, 9, 10, 15, and16
7
*Rashad A. Liston
25
Columbus, Ohio
1, 9, 10, 15, and 16
8
*Deounte Ussury
29
Columbus, Ohio
1, 7, 8, and 11
9
Thomas E. Coates
28
Columbus, Ohio
1
10
Ishmael Bowers
32
Columbus, Ohio
13 and 14
11
*Joseph Hill
30
Columbus, Ohio
1, 12, 13, 14, 34, and 35
12
Freddie K. Johnson
28
Columbus, Ohio
1, 32 and 33
13
*Deshawn Smith
27
Columbus, Ohio
1, 13, 14, 36 and 37
14
Lance Reynolds
31
Columbus, Ohio
1, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 38
15
*Rastaman A. Wilson
38
Columbus, Ohio
5 and 6
16
*Clifford L. Robinson
37
Columbus, Ohio
5 and 6
17
Troy A. Patterson
23
Columbus, Ohio
15 and 16
18
Andre M. Brown
33
Columbus, Ohio
1, 17, 18, 21, 22, 23, 24, 25, and 26
19
Johnathan Holt
22
Columbus, Ohio
17, 18, 19, and 20
20
Christopher V. Wharton
25
Columbus, Ohio
17, 18, 19, 20, 22, 23, 25, 27, 27, and 28
* indicates that they could face the death penalty
Count 1
Racketeering Conspiracy
18 U.S.C. § 1962(d)0-life imprisonment
$250,000 fine
$100 spec assmt
5 yrs supv relCounts 2, 3 4,5,7, 9, 11,12, 13, 15, 19, and 29
Murder in aid of racketeering
18 U.S.C. § 1959(a)(1)0-life imprisonment/death
$250,000 fine
$100 spec assmt
5 yrs supv relCounts 6,8,10, 14, 16, and 20
Murder through the use of a firearm during and in relation to a drug trafficking crime
18 U.S.C. § 924(C) and 924(j)0-life imprisonment/death
$250,000 fine
$100 spec assmt
5 yrs supv relCount 17
Attempted possession with intent to distribute cocaine
21 U.S.C. § 846
21 U.S.C. § 841(a)(1) and (b)(1)(C)0-20 years
$1,000,000 fine
$100 spec assmt
3 yrs supv relCounts 18, 23, 26, and 31
Use and discharge of a firearm during and in relation to a crime of violence
18 U.S.C. § 924(c)(1)(A)(iii)10 years - life imprisonment consecutive
$250,000 fine
$100 spec assmt
5 yrs supv relCounts 21, 24, 25, and 27
Possession with intent to distribute a detectable amount of marijuana
21 U.S.C. § 841(a)(1) and (b)(1)(D)0-5 yrs
$250,000 fine
$100 spec assmt
3 yrs supv relCount 22
Attempted possession with intent to distribute a detectable amount of marijuana
21 U.S.C. § 846
21 U.S.C. § 841(a)(1) and (b)(1)(D)0-5 yrs
$250,000 fine
$100 spec assmt
3 yrs supv relCount 28
Brandishing a firearm during and in relation to a drug trafficking crime
18 U.S.C. § 924(c)(1)(A)7 years – life consecutive
$250,000 fine
$100 spec assmt
5 yrs supv relCount 30
Conspiracy to murder a witness
18 U.S.C. § 1512(k)Life or death
$250,000 fine
$100 spec assmt
5 yrs supv relCounts 32, 33, 34, and 36
Possession of a firearm by a convicted felon
18 U.S.C. § 922(g)0-10 years
$250,000 fine
$100 spec assmt
3 yrs supv relCount 35
Possession with intent to distribute cocaine
21 U.S.C. § 841(a)(1)
21 U.S.C. § 841(b)(1)(C)0-20 years
$1,000,000 fine
$100 spec assmt
3 yrs supv relCount 37
Possession with intent to distribute heroin
21 U.S.C. § 841(a)(1)
21 U.S.C. § 841(b)(1)(C)0-20 years
$1,000,000 fine
$100 spec assmt
3 yrs supv relCount 38
Witness Tampering
18 U.S.C. § 15120-20 yrs
$250,000 fine
$100 spec assmt
3 yrs supv relPataskala Man Sentenced to 144 Months for Attempting to Engage in Sexual Activty with A MinorRead the Press Release
COLUMBUS, OHIO – Richard Roman, 42, of Pataskala, Ohio was sentenced in U.S. District Court to 144 months in prison and 20 years supervised release for attempting to engage in unlawful sexual activity with a minor.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Mark Porter, Special Agent in Charge, U.S. Secret Service (USSS) and members of the Franklin County Internet Crimes Against Children (ICAC) Task Force announced the sentence handed down today by U.S. District Court Judge Algenon L. Marbley.
According to court documents, Roman was discovered by undercover agents with the Franklin County ICAC Task Force after he posted a classified on Craigslist.org titled “I wanna be your Daddy.” On January 16, Roman communicated with undercover agents to arrange what he believed would be a sexual encounter with an 11-year-old female.
Subsequent to these communications, Roman was placed under arrest by members of the ICAC Task Force. Investigators discovered candy, a flower, chewing gum, condoms and a bottle of personal lubricant in Roman’s vehicle.
“Although the defendant’s offense in this case fortunately did not involve a real child, the defendant’s words and actions explicitly demonstrate that he had every intention to sexually abuse an 11-year-old child on repeated occasions” Assistant U.S. Attorney Heather Hill told the court.
Roman pleaded guilty on May 8 to one count of attempting to coerce or entice a minor to engage in unlawful sexual activity. Roman has been in custody since his arrest.
The Franklin County ICAC Task Force is a multi-agency effort dedicated to the fight against computer facilitated crimes against children. The following agencies are members:
Franklin County Sheriff’s Office Upper Arlington Police Department
Grove City Police Department Columbus Police Department
Grandview Heights Police Department Whitehall Police Department
Hilliard Police Department Westerville Police Department
Homeland Security Investigations U.S. Secret Service
Ohio ICAC Franklin County Prosecutor's OfficeThis case is being brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney's Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children as well as to identify and rescue victims.
U.S. Attorney Stewart commended the investigation by the USSS, as well as Assistant United States Attorney Heather Hill and Special Assistant U.S. Attorney Jennifer Rausch, who represented the United States in this case.
Delaware, Ohio Man Sentenced to 180 Months for Production of Child PornographyRead the Press Release
COLUMBUS, OHIO – Jeremy L. Wallace, 38, of Delaware, Ohio was sentenced in U.S. District Court to 180 months in prison and lifetime supervised release for producing child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Christopher White, Assistant Inspector in Charge, U.S. Postal Inspection Service (USPIS) announced the sentence handed down today by U.S. District Court Judge Algenon L. Marbley.
According to court documents, Wallace caused the creation of videos and images of a minor engaged in sexually explicit conduct. Between August and September 2013, Wallace met a minor female on a social networking site and communicated with her via KIK messenger and Skype. He coerced the victim to send him numerous images and videos of her engaged in sexually explicit activity.
Investigators discovered hundreds of child pornography files and online sexual communications on Wallace’s computer.
“The forensic analysis of the defendant’s computer revealed that the defendant’s communications progressed to outright coercion and manipulation,” Assistant U.S. Attorney Heather Hill told the court. “The defendant consistently urged the victim to engage in sexually explicit acts, directed her to engage in specific acts and made promises or threats of what he would do if she did or did not comply with his directions.”
Wallace pleaded guilty on January 29 to one count of production of child pornography. Wallace has been in custody since his arrest.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
U.S. Attorney Stewart commended the investigation by the USPIS, as well as Assistant United States Attorney Heather Hill, who is representing the United States in this case.
Chillicothe Man Pleads Guilty to Bank Embezzlement and to Filing False Income Tax Returns with the IRSRead the Press Release
COLUMBUS, OHIO – Joseph P. Molnar, 50, of Chillicothe, Ohio, pleaded guilty one count of embezzlement from a financial institution and to one count of willfully filing a false federal income tax return with the Internal Revenue Service (IRS). Molnar faces a maximum prison term of 30 years and a fine of up to $1,000,000.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, and Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Division, announced the guilty plea entered before U.S. District Judge Algenon L. Marbley.
According to court documents, between July 2005 and July 2012 Joseph Molnar was an employee of Huntington National Bank. Specifically, Molnar was a Managing Director for a Huntington subsidiary, Huntington Community Development Corporation. Molnar misapplied and embezzled approximately $4,076,189.44 of Huntington National Bank’s funds by falsely representing that he was paying “placement fees” or “advisory fees” for property management companies as part of several affordable housing property deals that had closed with Huntington National Bank. Instead, Molnar withdrew the funds under false pretenses and placed that money into his own accounts for his own personal use.
In addition, Molnar omitted these funds as income on his own income tax returns. Molnar filed a false income tax return with the IRS for the 2009 income tax year by falsely stating that he had an adjusted gross income of $94,358, when in actuality his income was approximately $1,226,103.16.
For 2008 through 2012 income tax years, Molnar underreported his income by a combined total of $3,054,064.44, which has resulted in total tax due and owing in the amount of approximately $987,011.66 to the IRS.
Molnar was release on bond pending his sentencing, for which a date was not set.
“The FBI is committed to identifying and holding accountable those executives and employees of federally insured financial institutions who violate their fiduciary responsibilities and illegally divert the trusted deposits of America's banking customers for their own personal use,” said Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Division.
“This investigation uncovered a multi-million dollar embezzlement scheme laced with a web of financial lies.” said Kathy A. Enstrom, Special Agent in Charges, IRS Criminal Investigation, Cincinnati Field Office. “If you are thinking about participating in a fraudulent tax scheme, including failing to report all forms of income, you should stop in your tracks and simply look at the consequences of taking the next step.”
U.S. Attorney Stewart commended the investigation by the IRS and FBI, Assistant United States Attorneys Daniel A. Brown and Laura M. Fulton, who are prosecuting this case.Noaa National Weather Service Employee Indicted for Allegedly Downloading Restricted Government FilesRead the Press Release
*On March 10, 2015, the Department of Justice voluntarily moved to dismiss the indictment against Ms. Chen. On March 11, 2015, the U.S. District Court granted the motion, dismissing all charges.DAYTON, OHIO – Xiafen “Sherry” Chen, 59, of Wilmington, Ohio, was indicted in U.S. District Court for allegedly accessing restricted U.S. Government files. Chen is a hydrologist currently employed at the National Oceanic and Atmospheric Administration’s (NOAA) facility located in Wilmington, Ohio.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin R. Cornelius, Special Agent in Charge for the Federal Bureau of Investigation (FBI) in Cincinnati, Ohio, Dr. Kathryn Sullivan, the NOAA Administrator and George Lee, Special Agent in Charge of the U.S. Department of Commerce’s Investigations and Threat Management Division announced the indictment today.
The indictment alleges that on various dates in May 2012, Chen illegally accessed restricted areas of a protected U.S. Government computer database and downloaded sensitive files from the National Inventory of Dams. This database is maintained and controlled by the U.S. Army Corps of Engineers in conjunction with the National Dam Safety Review Board.
The indictment further alleges that on June 11, 2013, Chen provided materially false statements to officials from the Department of Commerce Office of Security who were assigned to investigate her activities.
The indictment charges Chen with one count of theft of U.S. Government property, a crime punishable by up to 10 years in prison and a $250,000 fine; one count of illegally accessing a U.S. Government computer database, a crime punishable by up to 5 years in prison and a $250,000 fine; and two counts of making materially false statements to federal agents, crimes each punishable by up to 5 years in prison and a $250,000 fine.
Chen was arrested today by FBI agents at her place of work at the Wilmington, Ohio NOAA facility.
U.S. Attorney Stewart commended FBI and the U.S. Department of Commerce’s Office of Security who are jointly investigating this case. Assistant United States Attorney Dwight Keller is representing the government in this case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.Pair Indicted in Contract Fraud and Kickback SchemeRead the Press Release
CINCINNATI — A federal grand jury has indicted Rudy Rampertab, 45, and Suraj Patel, 34, of Ocoee, Fla. for their alleged connection with a $3.5 million shipping and packaging contract fraud scheme.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kathy Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI) announced the charges today.
The indictment charges Rampertab and Patel with one count each of conspiracy to commit mail fraud and honest services fraud, 10 counts each of mail fraud and honest services fraud, 10 counts each of mail fraud, one count each of money laundering, and one count each of conspiracy to commit money laundering.
According to the indictment between 1988 and January 2011 Rampertab was an employee of a business that had offices in Cincinnati, Ohio. This business processed requests for the payment of invoices and mailed checks to vendors to pay for services rendered. Beginning in approximately 2000, Rampertab managed this businesses distribution center located in Carson, Calif. Rampertab supervised the movement of the company’s merchandise to distribution centers throughout the country.
From approximately July 2010 through January 2011, Rampertab and Patel allegedly conspired to divert the shipping and packaging business to companies established by Patel, and part of the profits were paid to Rampertab in the form of kickbacks.
Patel established several companies by the names of SAP Retail Transportation, Cost Plus Packaging, and Keshav Logistics (“Patel’s companies”). Rampertab obtained approval for Patel’s companies to become third party vendors without disclosing his financial interest in or personal connection to Patel’s companies. Rampertab reassigned the transportation contracts from established vendors to Patel’s companies. Rampertab also established a different process for Patel’s companies so that he could personally approve the invoices, according to the indictment.
It has been alleged that Patel’s companies improperly billed the business for services that were not rendered or double-billed the business. In addition, Rampertab and Patel conspired to have Patel’s companies sell large amounts of unnecessary packaging to the business, for which Rampertab approved the invoices.
According to the indictment, between July 2010 and January 2011, Patel’s companies received more than $3.5 million in shipping and packaging contracts from the business. After paying expenses, Patel’s companies generated approximately $1.4 million in net income.
Patel’s companies allegedly paid kickbacks to Rampertab in the form of payments made in the amount of $126,000 to relatives of Rampertab; a $13,000 cashier's check paid to Rampertab; payments in the amount of over $466,000 to Rampertab’s personal American Express accounts; and Rampertab’s cell phone.
In addition, Patel and Rampertab allegedly used the profits from this scheme and Patel’s companies to purchase real estate and vehicles in their names. Patel used the proceeds of the scheme to purchase a 2010 Aston Martin for $199,000 and sold it $150,000. The $150,000 proceeds were then deposited into a bank account established in Patel’s name and Rampertab was listed as the account beneficiary. Patel and Rampertab used $53,071.13 from that account to purchase property in Orlando, Florida that was titled in both of their names. Also, Patel and Rampertab allegedly used one of Patel’s companies to trade-in Rampertab’s Lexus in order to purchase a BMW. The BMW was purchased with a $61,000 check that was written on one of Patel’s company’s bank accounts.
An indictment is merely an accusation. All defendants are presumed innocent until and unless proven guilty.
Conspiracy to commit money laundering, mail fraud, and honest services fraud are all punishable by up to 20 years in prison and a fine of $250,000. Money laundering is punishable by up to 10 years in prison and a fine of $250,000.
The indictment also contains a forfeiture allegation realtive to the forfeiture of jewelry, art work, and six real properties.
"The IRS, along with our law enforcement partners, will vigorously pursue individuals that misuse their positions of trust and use kickback schemes to further their criminal activities," said Kathy A. Enstrom, Acting Special Agent in Charge, IRS, Criminal Investigation.
U.S. Attorney Stewart acknowledged the investigation by special agents of IRS-Criminal Investigation and the FBI, as well as Assistant United States Attorney Timothy S. Mangan who is representing the United States in this case.
Extendicare Health Services Inc. Agrees to Pay $38 Million to Settle False Claims Act Allegations Relating to the Provision of Substandard Nursing Care and Medically Unnecessary Rehabilitation TherapyRead the Press Release
Company Also Required to Enter Five Year Chain-wide Corporate Integrity Agreement
WASHINGTON – Extendicare Health Services Inc. (Extendicare) and its subsidiary Progressive Step Corporation (ProStep) have agreed to pay $38 million to the United States and eight states to resolve allegations that Extendicare billed Medicare and Medicaid for materially substandard nursing services that were so deficient that they were effectively worthless and billed Medicare for medically unreasonable and unnecessary rehabilitation therapy services, the Justice Department and the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) jointly announced today. This resolution is the largest failure of care settlement with a chain-wide skilled nursing facility in the department’s history.
As part of this settlement, Extendicare has also been required to enter into a five year chain-wide Corporate Integrity Agreement with HHS-OIG. Extendicare is a Delaware corporation that, through its subsidiaries, operates 146 skilled nursing facilities in 11 states. ProStep provides physical, speech, and occupational rehabilitation services.
“Our seniors rely on the Medicare and Medicaid programs to provide them with quality care, ensuring that they are treated with dignity and respect when they are most vulnerable,” said Acting Associate Attorney General Stuart F. Delery. “It is critically important that we confront nursing home operators who put their own economic gain ahead of the needs of their residents. Operators who bill Medicare and Medicaid while failing to provide essential services or bill for services so grossly substandard as to be effectively worthless will be pursued for false claims.”
This settlement resolves allegations that between 2007 and 2013, in 33 of its skilled nursing homes in eight states, Extendicare billed Medicare and Medicaid for materially substandard skilled nursing services and failed to provide care to its residents that met federal and state standards of care and regulatory requirements. The government alleges, for example, that Extendicare failed to have a sufficient number of skilled nurses to adequately care for its skilled nursing residents; failed to provide adequate catheter care to some of the residents and failed to follow the appropriate protocols to prevent pressure ulcers or falls. The eight states involved in this component of the settlement are Indiana, Kentucky, Michigan, Minnesota, Ohio, Pennsylvania, Washington and Wisconsin.
“The continued viability of Medicare depends, in large part, on the honesty and integrity of the program participants,” said Acting Assistant Attorney General Joyce R. Branda for the Civil Division. “Health care providers must make decisions regarding the level of services to be provided based solely on their patients’ clinical needs, and not corporate financial targets.”
“This investigation and settlement highlights the importance of leveraging the joint resources and expertise of the states and federal government,” said Ohio Attorney General Mike DeWine. “Working together allowed us to focus our efforts nationally on protecting the most vulnerable in our population who rely on quality care in our nursing homes.”
Additionally, this settlement resolves allegations that between 2007 and 2013, in 33 of its skilled nursing homes, Extendicare provided medically unreasonable and unnecessary rehabilitation therapy services to its Medicare Part A beneficiaries, particularly during the patients’ assessment reference periods, so that it could bill Medicare for those patients at the highest per diem rate possible.
As a result of today’s settlement, the federal government will receive $32.3 million and the eight state Medicaid programs will receive $5.7 million. The Medicaid program is funded jointly by the federal and state governments.
“The United States remains committed to demanding the highest quality of care for nursing home and skilled facility residents,” said U.S. Attorney Carter M. Stewart for the Southern District of Ohio. “We are proud of our efforts to work cooperatively with our partners at the Ohio Attorney General’s Medicaid Fraud Control Unit, as well as with other U.S. Attorney’s offices across the country. We will remain vigilant in our efforts to combat healthcare fraud, especially when it impacts the most vulnerable in our society, including seniors and others requiring significant long term care.”
“Nursing home residents should not be subject to unreasonable or unnecessary rehabilitation therapy that is dictated by a company’s profits rather than patient needs,” said U.S. Attorney Zane David Memeger for the Eastern District of Pennsylvania. “It is critical to the integrity of a system that benefits millions of Americans that we do as much as possible to hold accountable those who commit fraudulent acts. The Eastern District of Pennsylvania will continue its efforts to prevent Medicare fraud and protect government beneficiaries.”
In addition, as part of this resolution, Extendicare and ProStep are required to enter into a five year chain-wide Corporate Integrity Agreement.It is a priority of the OIG to investigate and pursue cases involving abuse or grossly deficient care of Medicare or Medicaid beneficiaries and to recommend improvements to the systems intended to promote quality of care. To protect the Federal healthcare programs and its beneficiaries, OIG required Extendicare to agree to a Corporate Integrity Agreement under which Extendicare must have a comprehensive compliance program with systems to address the quality of resident care. Extendicare’s compliance program must include, among other things, corporate-level committees to address compliance and quality, including a committee to assess staffing, and an internal audit program to assess the quality of care provided to its residents. Extendicare must retain an independent monitor, selected by the OIG, who will regularly visit Extendicare’s facilities and report to the OIG. In addition, an independent review organization will perform annual reviews of Extendicare’s claims to Medicare.
“This case demonstrates that the government will aggressively pursue allegations of abuse and grossly deficient care,” said Inspector General Daniel R. Levinson of the U.S. Department of Health and Human Services. “Our five-year corporate integrity agreement with Extendicare requires a government-selected quality of care monitor be retained by Extendicare, and additional rigorous provisions designed to ensure Extendicare provides appropriate staffing and monitors the quality of care provided to its residents.”
Under the False Claims Act, private citizens, known as relators, can bring suit on behalf of the United States and share in any recovery. Two relators brought separate cases against Extendicare. Relator Tracy Lovvron will receive more than $1.8 million as her share of the recovery in the RUGS upcoding case, and Relator Donald Gallick will receive more than $250,000 as his share of the recovery in the Ohio worthless services case.This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $22.5 billion through False Claims Act cases, with more than $14.3 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement was the result of a coordinated federal and state effort by the Civil Division, the U.S. Attorney’s Office for the Eastern District of Pennsylvania, the U.S. Attorney’s Office for the Southern District of Ohio, HHS-OIG and the Attorneys General for the states of Indiana, Kentucky, Michigan, Minnesota, Ohio, Pennsylvania, Washington and Wisconsin. This investigation was also supported by the department’s Elder Justice Initiative, which coordinates the department’s activities combating elder abuse, neglect and financial exploitation, especially as they impact beneficiaries of Medicare, Medicaid and other federal health care programs. Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice/.
The two qui tam cases are docketed as United States ex rel. Lovvorn v. EHSI, et. al. C.A. 10-1580 (E.D. Pa) and United States ex rel. Gallick et al., v. EHSI et al., C.A. 2:13cv-092 (S.D. Ohio). The claims resolved by the settlement are allegations only; there has been no determination of liability.Local Man Pleads Guilty to Aggravated Identity Theft, Used Deceased Children’s Identities to File False Income Tax ReturnsRead the Press Release
CINCINNATI, OHIO – Christopher K. Smith, 28, of Cincinnati, Ohio, pleaded guilty one count of aggravated identity theft relative to filing false federal income tax returns with the Internal Revenue Service (IRS) using the stolen identities belonging to deceased individuals, including children. Smith faces a mandatory prison term of two years and a fine of up to $250,000, or twice the amount of the gain or loss.
Carter M. Stewart, United States Attorney for the Southern District of Ohio and Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, announced the guilty plea entered before U.S. District Judge Michael R. Barrett.
According to court documents, between February 2012 and June 2012 Christopher Smith electronically submitted at least five false income tax returns to the IRS for the 2011 income tax year using at least ten stolen identities, all but one of which belonged to deceased individuals, including children. Smith attempted to file at least three more false income tax returns using nine other stolen identities, but these returns were rejected by the IRS.
Smith prepared and filed the false income tax returns in Fairfield, Ohio. The income tax returns contained fabricated information as it related to the taxpayer, including addresses, dependents, occupations, income amounts and education expenses. The inclusion of this false information often qualified the taxpayer listed on the return to receive the Earned Income Credit, Additional Child Tax Credit and Education Credit, which resulted in even greater refund amounts.
Smith primarily used the stolen identities of deceased persons-using the names and Social Security numbers of adults as the taxpayers and the names and Social Security numbers of children as the dependents. He further indicated on the returns that the children had passed away during the tax year. In at least four instances, including his own 2011 tax return, Smith had to change the names and Social Security numbers used as dependents on each return, until they were accepted by the IRS, as some of the victims' information had already been sent to the IRS.
Smith prepared and electronically submitted a false federal income tax return using his own name as a taxpayer and the stolen identity of an individual, falsely claiming the stolen identities of this individual’s daughter and son. This then allowed him to falsely qualify for the Earned Income Tax Credit and Additional Child Tax Credit. Smith claimed, and received on a prepaid debit card, a fraudulent refund in the amount of $7,482. Both the children’s identities were those of children who had died in 2011. Neither of the children’s parents had given Smith permission to use their child’s Social Security number of claim their child on his tax return.
The total intended loss for this scheme was $41,522. For restitution purposes, Smith owes the IRS $9,344.
Smith was detained, and a sentencing date is yet to be scheduled.
“Identity theft, especially involving the use stolen identities of deceased individuals and children, is a contemptible modern-day scourge,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Individuals who commit refund fraud and identity theft with this degree of trickery, dishonesty and deceit, deserve to be punished to the fullest extent of the law.”
U.S. Attorney Stewart commended the investigation by IRS and Assistant United States Attorney Jessica W. Knight, who is prosecuting this case.
Dayton Man Sentenced to 240 Months for Distributing Child PornographyRead the Press Release
DAYTON, OHIO – Eugene Roberts, 59, of Dayton, Ohio was sentenced in U.S. District Court to 240 months in prison and lifetime supervision for distributing child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI) and Marlon V. Miller, Special Agent in Charge, U.S. Homeland Security Investigations (HSI), announced the sentence handed down today by U.S. District Judge Michael R. Barrett.
According to court documents, investigators discovered Roberts was sharing sexually explicit images of minors. Specifically, the defendant sent approximately 170 email messages including child pornography to at least 20 other individuals. The recipients of his emails then typically sent child pornography to Roberts in return.
In total, investigators discovered 5,578 images of child pornography from Roberts’ computer; 11 of these images depicted bondage and two depicted bestiality. In addition, they discovered 797 videos, two videos depicting bondage and five videos depicting bestiality.
Roberts was arrested on April 3, 2014 and has remained in custody since. He pleaded guilty on July 2, 2014 to distribution of child pornography.This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
U.S. Attorney Stewart commended the cooperative investigation by the FBI and HSI, as well as Assistant United States Attorneys Brent Tabacchi and Benjamin Glassman, who represented the United States in this case.Westerville Youth Coach Arrested on Child Porn ChargesRead the Press Release
COLUMBUS – An investigation by federal, state and local law enforcement in Central Ohio has led to the arrest of Bryan Lehman, 50, of Westerville, Ohio for allegedly producing, receiving, distributing and possessing child pornography.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Marlon V. Miller, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Franklin County Sheriff Zach Scott, Westerville Police Chief Joseph Morbitzer and members of the Franklin County Internet Crimes Against Children Task Force announced the arrest today.
The criminal complaint alleges that since November 2010 Lehman participated in the use of a minor engaged in sexually explicit conduct for the purpose of producing images or video. He also allegedly received, distributed, and possessed sexually explicit images and video of minors.
Production of child pornography is punishable by a range of 15 to 30 years in prison. Receipt and distribution of child pornography are punishable by a range of 5 to 20 years in prison.
Lehman served as a volunteer coach for the Westerville Youth Baseball and Softball League in the spring of 2014. He is scheduled to appear for a detention hearing today at 2 p.m. in front of U.S. Magistrate Judge Terrence P. Kemp.
The Franklin County ICAC Task Force is a multi-agency effort dedicated to the fight against computer facilitated crimes against children. The following agencies are members:
Franklin County Sheriff’s Office Upper Arlington Police Department
Grove City Police Department Columbus Police Department
Grandview Heights Police Department Whitehall Police Department
Hilliard Police Department Westerville Police Department
Homeland Security Investigations U.S. Secret Service
Ohio ICAC Franklin County Prosecutor's OfficeThis case is being brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney's Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children as well as to identify and rescue victims.
U.S. Attorney Stewart commended the members of the ICAC Task Force for the cooperative investigation, and Assistant U.S. Attorney Heather Hill and Special Assistant U.S. Attorney Jennifer Rausch, who are representing the United States in this case.
Charges contained in a complaint are allegations. All defendants should be presumed innocent until and unless proven guilty in court.
Medina Man Sentenced to 116 Months in Prison for Receiving Child PornRead the Press Release
COLUMBUS, OHIO – Andrew M. Bialek, 24, of Medina, Ohio was sentenced in U.S. District Court to 116 months imprisonment and 20 years supervised release for receiving child pornography.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, and Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI) announced the sentence handed down today by U.S. District Judge Edmund A. Sargus.
According to court documents, Bialek placed a hidden camera in rooms in various residences in Ohio, Missouri, Kansas and Indiana. Videos recorded by the camera depicted minor females undressing, showering and using the bathroom. While executing a search warrant, investigators also found 121 images of child pornography on Bialek’s computer.
Bialek pleaded guilty on April 11 to receiving child pornography. He was also sentenced to pay $1,200 in restitution.
This case is being brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney's Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children as well as to identify and rescue victims.
U.S. Attorney Stewart commended the investigation by the FBI Columbus Child Exploitation Task Force, which includes officers from the Westerville Police Department, and Assistant U.S. Attorney Heather Hill and Special Assistant U.S. Attorney Jennifer Rausch, who prosecuted the case.Justice Department to Review the Shooting of John Crawford IiiRead the Press Release
COLUMBUS – The Civil Rights Division of the United States Department of Justice, the United States Attorney’s Office for the Southern District of Ohio, and the Federal Bureau of Investigation, Cincinnati Field Division, announced today that they will conduct an independent review of the facts and circumstances surrounding the August 5, 2014, fatal shooting of John Crawford III by an officer with the Beavercreek Police Department. The Civil Rights Division, the United States Attorney’s Office, and the FBI have been monitoring the state’s investigation of this case. The Civil Rights Division, the United States Attorney’s Office, and the FBI will conduct a thorough and independent review of the evidence and take appropriate action if the evidence indicates a prosecutable violation of federal criminal civil rights statutes. This is an on-going investigation; therefore, the Department can make no further comment on this case at this time.
Thirteen Arrested in Alleged Drug Trafficking ConspiracyRead the Press Release
COLUMBUS – An investigation by federal, state and local law enforcement in Central Ohio has led to the arrest of 13 people on charges of conspiracy to distribute and possession with intent to distribute cocaine, methamphetamine and heroin.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Robert Corso, Special Agent in Charge, Drug Enforcement Administration (DEA), Ohio State Highway Patrol Superintendent Paul Pride, Columbus Police Chief Kim Jacobs, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service, Criminal Investigation, Michael Boxler, Special Agent in Charge, Columbus Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Marlon V. Miller, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and Franklin County Sheriff Zach Scott announced the indictment today following early morning efforts to arrest and locate the defendants.
The indictment alleges that since January 2011 the group has conspired to distribute numerous kilograms of heroin. Those arrested also allegedly distributed or possessed with the intent to distribute numerous kilograms of cocaine. Five of the individuals arrested allegedly distributed or possessed with the intent to distribute methamphetamine.
Investigators allege that members of the group purchased vehicles with proceeds from the alleged illegal drug activity or in an attempt to launder such proceeds.
“I applaud the combined efforts of law enforcement,” U.S. Attorney Stewart said. “We will continue to work to prevent the damage that illegal drug activity causes to our communities.”
"The Patrol is committed to fighting the war on drugs from the front lines by working collaboratively with the DEA and other law enforcement partners to bring to justice individuals and groups involved in criminal activity. Whether a citizen is traveling Ohio’s roadways, working or living within a community, our overarching goal is to make Ohio safe. Today’s operation is an example of just that,” stated Colonel Paul Pride, Ohio State Highway Patrol superintendent.
“As Chief, I am greatly concerned for the families of those Columbus residents who have become addicted to illegal drugs. Drug addiction is a leading cause of criminal behavior and our community is safer today thanks to the combined efforts of our Narcotics Bureau, federal, state and local law enforcement. Our efforts to diminish the supply side of this problem may help reduce violence and access to these damaging drugs,” said Kim Jacobs, Chief of Police, Columbus Division of Police.
“By following the money trail, IRS special agents helped to disrupt and dismantle this major drug trafficking organization that attempted to conceal the true source of their money from the government,” said Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service, Criminal Investigation, Cincinnati Field Office.
“This investigation is a prime example of agencies working together to send a loud and clear message that drug trafficking will not be tolerated in Franklin County,” Sheriff Zach Scott stated. “The cooperation of multiple agencies can effectively thwart the efforts of dealers who are bringing harmful drugs into Central Ohio and destroying lives.”
U.S. Attorney Stewart commended the cooperative investigation by the local, state and federal law enforcement, as well as Assistant U.S. Attorneys Tim Prichard and Dave Bosley, who are prosecuting the case.
Charges contained in a complaint are allegations. All defendants should be presumed innocent until and unless proven guilty in court.
A list of those charged with details of the charges is attached.
No.
Name
Age
Address
Counts
1
RUBEN L. QUIROZ
33
408 Yarmouth Lane
Columbus, Ohio1, 2
2
LIBORIO ALCAUTER
47
6431 Sunbury Road
Westerville, Ohio1
3
ERIKA V. BEDOLLA
28
2608 Northwold Rd.
Columbus, Ohio1
4
ALEJANDRINA GARCIA
28
3479 Homestead Dr.
Columbus, Ohio1
5
CARLOS S. CARRASCO
34
2632 Northwold Rd.
Columbus, Ohio1
6
EBRIMA SUMAREH
30
614 Slippery Rock
Columbus, Ohio1
7
FAVIO N. MORALES
40
Toledo, Ohio
1, 2
8
FELIPE R. SOLANO
45
3479 Homestead Drive
Columbus, Ohio1, 2
9
JAVIER A. CASTILLO
26
2540 Timber Trail
Columbus, Ohio1
10
JOSUE SOLIS
37
1374 Gilead Court
Galloway, Ohio1
11
LORENA SEVILLA-MORA
34
5533 Thumbleweed Drive
Galloway, Ohio1
12
MIRIAM F. RAMIREZ
29
7667 Scofield Court
Dublin, Ohio1, 2, 6
13
RODOLFO R. PADILLA
25
4128 Atlanta Drive
Columbus, Ohio1
Count 1
Conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine.
21 U.S.C. § 84610 years - life
$10,000,000 fine
At least 5 years supervised releaseCount 2
Conspiracy to distribute and possess with intent to distribute methamphetamine.
21 U.S.C. § 84610 years
$250,000 fine
At least 2 years supervised releaseCount 6
Monetary transaction to conceal or disguise proceeds of unlawful activity
18 USC §1956(a)(1)(B)(i) and 18 USC §220 years
$500,000 fine
3 years supervised releaseLocal Man Pleads Guilty to Running $8.7 Million Ponzi SchemeRead the Press Release
CINCINNATI – John R. Bullar, 52, of Cincinnati, Ohio, pleaded guilty to one count of wire fraud and to one count of money laundering relative to a fraudulent investment scheme that he ran for 10 years. Bullar faces a maximum of 20 years in prison and a fine of up to $250,000.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, Ohio Attorney General Mike DeWine, Commissioner Andrea Seidt, Ohio Department of Commerce, Division of Securities and Joseph T. Deters, Hamilton County Prosecuting Attorney announced the guilty plea entered before U.S. District Judge Michael R. Barrett.
According to court documents, between 2003 and September 2013 Bullar devised a scheme to defraud investors by soliciting millions of dollars under false pretenses, failing to invest investors' funds as promised, and misappropriating and converting investors' funds for his own benefit without the knowledge or authorization of the investors.
Bullar was the sole owner and operator of Executive Management Advisors, LLC ("EMA"), which had its principal place of business in Cincinnati, Ohio. Bullar also was the sole owner and operator of Priapus Group, LLC. Since at least 1998, Bullar offered investment opportunities to investors through his company, EMA. Bullar marketed himself as someone experienced in the financial services industry and who was successful in investing in commodity futures.
In an effort to persuade individuals to invest with him, Bullar frequently made numerous false representations. For example, Bullar told potential clients that he never had a losing quarter. Bullar also offered potential investors a false sense of security by telling potential investors that he, himself, was the biggest investor in EMA. Bullar told the investors that he would manage their funds even though it was below his minimum level of investment.
The majority of Bullar’s investors were friends, family members and fellow church members. Bullar told his clients that he had invested their money in precious metals, gold, silver, bonds, and foreign currency and that he made money based on the volatility of the market, regardless of whether the market was up or down. Bullar told clients that he preferred to keep the number of his investor’s small, so that he could "fly under the radar." Bullar also told clients that he had a computerized algorithm system that monitored the market for patterns and alerted him to potential losses. Bullar told investors that although he had been offered millions of dollars for the system he would not sell it, because he could make more money using the system rather than selling it. These representations were false, however, because in reality, Bullar had invested only a small amount of the money that he received from clients, using the vast majority of the money to pay other investors and his own personal expenses.
To induce current clients to keep investing, Bullar provided investors with quarterly statements purporting to show their account balances. These statements often showed substantial gains over a short period of time.
Although Bullar collected over $8.7 million from investors between mid-2006 and September 2013, only $580,500.00 was sent to brokers for trading. The remaining $8.1 million was never invested at all. The small fraction of investor money that Bullar actually sent to brokers for trading failed to generate profits and the money was either lost via trading or later withdrawn by Bullar.
In addition, investors actually paid taxes on the fictitious earnings. Bullar caused Forms 1099 to be issued to investors for tax purposes, which reported the fictitious gains. Investors relied on these documents to file their tax returns and investors paid taxes on the fictitious gains reported to them.
Bullar furthered his scheme by creating an appearance of legitimacy. Bullar created an investment blog for his clients (www.emafutures.com), which he updated regularly, sharing various articles and reports about the market. Bullar outfitted his home office, which investors frequented, with a television and three computer monitors to give investors the impression that he was constantly monitoring the market. Bullar’s expansive 5 bedroom/5 bathroom home also gave investors the impression that he was a successful trading advisor. In addition, Bullar also purchased an adjoining lot with investor money and used investor money to remodel the cabin on the lot, install a swimming pool and outdoor kitchen, and pay for professional landscaping on the lot. Bullar also entertained groups of investors at his home, treating investors to lavish dinners and paying for some investors to vacation with him.
In addition, Bullar used investor money to pay for the mortgage on his home, home renovations, vacations, country club dues, boats, jet skis, sports tickets, and vehicles, among other things.
In total, Bullar’s investment scheme involved more than 10 victims but less than 50 victims. The loss amount resulting from Bullar’s investment scheme exceeded $2,500,000 but was less than $7,000,000.
Bullar was released on bond.
“When you knowingly mix deceit and trickery into the financial well-being of individuals, you create a recipe for devastation that could last a lifetime,” said Special Agent in Charge of IRS Criminal Investigation.” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
U.S. Attorney Stewart commended the investigation by the IRS-Criminal Investigation and Ohio Bureau of Criminal Investigation, the coordination of the Hamilton County Prosecutor’s Office, as well as Assistant United States Attorney Emily N. Glatfelter, who is representing the United States in this case. U.S. Attorney Stewart also thanked the U.S. Commodity Futures Trading Commission, which has filed civil charges in a separate action.Madeira Man Sentenced to 25 Years for Two Counts of Producing Child PornographyRead the Press Release
CINCINNATI – Timothy Lawrence Andriot, 39, of Madeira, Ohio was sentenced to 25 years imprisonment in U.S. District Court for two counts of production of child pornography. Andriot was also sentenced to lifetime supervised release.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Office (FBI), the Regional Electronics Computer Investigations (RECI) in Sheriff Jim Neil’s Office, Madeira Police Chief Frank Maupin, and other agencies in the Greater Cincinnati Internet Crimes Against Children (ICAC) Task Force announced the sentence handed down by Chief U.S. District Judge Susan Dlott yesterday.
According to court documents, Madeira Police and the Hamilton County Jobs and Family Services were investigating allegations that Andriot had sexually abused two minors in June 2013. Forensic examination by RECI of Andriot’s computers recovered images that Andriot had created of him sexually abusing two minor children.
Andriot was arrested by the FBI on a criminal complaint on November 13, 2013. He has been in custody since his arrest.
While under court supervision, Andriot must register as a sex offender anywhere that he lives, works or goes to school.
"The internet does not cause someone to abuse their children.” Assistant U.S. Attorney Christy Muncy told the court. “Pornography magazines do not cause someone to abuse their children. And, anyone who thinks domestic violence and child abuse are isolated incidents are willfully blind to the harsh realities of both."
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Stewart commended the investigation by Madeira police detectives, FBI Special Agents, and investigators with the Greater Cincinnati ICAC, as well as Assistant U.S. Attorney Christy Muncy, who prosecuted the case.
Agencies participating in the Greater Cincinnati ICAC include the FBI, Homeland Security Investigations (HSI), the U.S. Marshals Service, U.S. Secret Service, Hamilton County Prosecutor Joe Deters, Hamilton County Sheriff Jim Neil, and the police departments in Amberley Village, Blue Ash, Cincinnati, and West Chester.Local Property Investor Pleads Guilty to Making False Statements on Real Estate Closing DocumentsRead the Press Release
COLUMBUS – Cynthia S. Mild, 41, of Lewis Center, Ohio pleaded guilty in U.S. District Court today to one count of making false statements relative to down payment information entered on a Department of Housing and Urban Development Form HUD-1. Mild faces a maximum of 5 years in prison and a fine of up to $250,000.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI), announced Mild’s plea entered today before U.S. District Judge Michael Watson.
According to court documents, between September 2004 and December 2007, Mild worked as a property investor focusing on single family homes in and around Columbus, Ohio. Mild located, purchased, refinanced, rehabilitated, rented, and sold properties in Columbus. Mild purchased approximately 30 residential family homes in the Columbus area during this time frame. Mild sold 24 of these homes to friends, colleagues, and a family member. Many of the buyers obtained mortgage loans from Fifth Third Bank. Mild, unbeknownst to Fifth Third Bank, made the down payments for her buyers by purchasing official bank checks, made out to the closing title agency, and naming the buyers as the remitters on the checks. At closing, Mild signed HUD-1 Settlement Statements for each property sale indicating that the buyers were providing the down payments, when Mild knew that she was providing the buyers’ down payment.
At closing, Mild’s original mortgage loans were paid off and the excess seller proceeds were deposited into bank accounts under her control. The seller proceeds covered the amount Mild paid for the buyers’ down payments. In some instances, Mild provided cash back to her buyers. The majority of the homes sold by Mild eventually went into foreclosure.
Specifically, $447,200 in mortgage loans was secured from Fifth Third Bank relative to the purchase of 6 homes from Mild. Mild paid for the down payments on these 6 homes and did not accurately disclose this fact on the HUD-1 Settlement Statements. Due to the mortgage loan defaults and foreclosures suffered on these 6 properties, Fifth Third Bank suffered losses of approximately $357,000.
Mild was released on bond pending sentencing for which a date has not been set.
U.S. Attorney Stewart commended the cooperative investigation by the IRS and FBI, and Assistant U.S. Attorneys Laura M. Fulton and Dan Brown, who are prosecuting the case.
Convicted Felon Sentenced for Owning FirearmRead the Press Release
CINCINNATI – Santonio Watkins, 28, of Cincinnati, was sentenced in U.S. District Court to 72 months in prison for possessing a firearm as a felon.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Michael Boxler, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, Columbus Field Division (ATF) and Cincinnati Police Chief Jeffrey Blackwell, announced the sentence handed down today by Senior U.S. District Judge Sandra Beckwith.
While engaged in a traffic stop on January 29, 2014, law enforcement officers discovered Watkins was in possession of a 9mm pistol and 11 rounds of ammunition. As a previously convicted felon, this violated federal firearm statutes.
U.S. Attorney Stewart commended the cooperative investigation by the ATF and Cincinnati Police Department, as well as Cincinnati Branch Chief Anthony Springer, who represented the United States in this case.
Watkins pleaded guilty on May 12, 2014 to felon in possession of a firearm.Hamilton Man Pleads Guilty to Bank Robbery, Owning Child PornographyRead the Press Release
CINCINNATI – Shane E. Bowlin, 39, of Hamilton, Ohio, pleaded guilty in U.S. District Court yesterday to bank robbery, attempted bank robbery and possession of child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Steven Dettelbach, United States Attorney for the Northern District of Ohio, Barbara L. McQuade, United States Attorney for the Eastern District of Michigan, David J. Hickton, United States Attorney for the Western District of Pennsylvania, and Kevin R. Cornelius, Federal Bureau of Investigation (FBI) Special Agent in Charge, Cincinnati Division.
On or about June 20, 2013, Bowlin robbed a Fifth Third Bank in Lambertville, Mich. During that robbery he utilized a dangerous weapon. Later that month, he attempted to rob a Citizens Bank in Verona, Pa. and successfully robbed a PNC Bank in Cuyahoga Falls, Ohio. In July, he robbed the Delaware County Bank and Trust Company in Galena, Ohio.
In July, investigators discovered a large amount of cash in a hotel room occupied by Bowlin and in his vehicle. They also uncovered dye-stained money and disposable gloves tying him to the Lambertville robbery. During the search, officers also discovered approximately 1700 images and 55 videos depicting child pornography in a thumb drive and on a laptop computer.
U.S. Attorney Stewart commended the cooperative investigation by the FBI, Sharonville Police Department, Ohio Bureau of Criminal Investigation, Delaware County Sheriff’s Office, Cuyahoga Falls Police Department, Canal Fulton Police Department, Monroe County, Mich. Sheriff’s Office, and Penn Hills, Pa. Police Department, as well as Criminal Chief Kenneth L. Parker, who is representing the United States in this case.
Bowlin pleaded guilty to three counts of bank robbery, including the Michigan robbery which was originally filed in the Eastern District of Michigan and transferred to the Southern District of Ohio. He also pleaded guilty to one count of attempted bank robbery and possession of child pornography. The Michigan robbery carries a penalty of a punishable term of imprisonment of up to 25 years and a fine of $250,000. Each of the other counts is punishable by a term of imprisonment up to 20 years and a fine of up to $250,000.