District of South Carolina

Florence, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Fernando Contreras-Herrera, 25, and Cesar Inda-Silva, 25, both from Mexico, were each sentenced to eight years in federal prison after pleading guilty to possession with intent to distribute fentanyl. 

Evidence presented to the Court showed that, on January 22, 2021, officers with the Myrtle Beach Police Department intercepted a shipped package with indicators of narcotics.  A subsequent search revealed that the shipping box contained an inner box.  Inside that box was a locked safe, and inside the safe were three wrapped “bricks” consistent with kilogram quantities of narcotics. 

After replacing several of the bricks with “sham” narcotics, law enforcement repackaged the parcel and conducted a controlled delivery of the parcel to its intended address in Myrtle Beach.  Contreras-Herrera retrieved the package from the porch of the house and Inda-Silva arrived immediately after that. 

Law enforcement then executed a search warrant at the address.  Contreras-Herrera and Inda-Silva were located in the living room of the home together with the package which had just been delivered.  In the minutes since the delivery, the inner and outer boxes of the package and the safe had been opened, the “bricks” had been removed, and one of the “bricks” had been slit open.  The suspected controlled substance intercepted was later confirmed to be just over three kilograms of fentanyl, a powerful synthetic opioid.  Further investigation revealed that Contreras-Herrera and Inda-Silva were to receive the fentanyl and deliver it to another individual. 

United States District Judge Sherri A. Lydon sentenced Contreras-Herrera and Inda-Silva each to 96 months in federal prison, to be followed by a four-year term of court-ordered supervision.  There is no parole in the federal system.  During the sentencing hearing, Judge Lydon commented on the dangers of fentanyl, and noted that it was fortunate the fentanyl in this case was now off the streets. 

The case was investigated by Homeland Security Investigations, Horry County Police Department, Myrtle Beach Police Department, and the South Carolina Law Enforcement Division.

Assistant United States Attorney Katherine Flynn of the Florence office prosecuted the case. This prosecution was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Kevin B. Marsh, 66, former SCANA Corporation (SCANA) Chief Executive Officer and Chairman of the Board of Directors, was sentenced to two years in federal prison after pleading guilty to conspiracy to commit mail and wire fraud.

Evidence presented to the Court showed that Marsh intentionally defrauded ratepayers while overseeing and managing SCANA’s operations – including the construction of two reactors at the V.C. Summer Nuclear Station – so the company could obtain and retain rate increases imposed on its rate-paying customers and qualify for up to $2.2 billion in tax credits.  In late 2016, confronted with information that the project was delayed and that the tax credits were at risk, Marsh and others withheld that information from regulators in an effort to keep the project going.  Marsh’s false and materially misleading statements, as well as other false and materially misleading statements made by his coconspirators, allowed SCANA to obtain and retain rate increases imposed on SCANA’s rate-paying customers.

“Due to this fraud,” said Acting U.S. Attorney DeHart. “an $11 billion nuclear ghost town, paid for by SCANA investors and customers, now sits vacant in Jenkinsville, S.C.  Hopefully, this prosecution will deter other corporate fraud in the future.”

“Kevin Marsh deceived regulators and customers to financially benefit SCANA,” said Susan Ferensic, Special Agent in Charge of the FBI Columbia Field Office. “Unfortunately, Marsh’s and other executive’s actions resulted in South Carolinians bearing the financial brunt of the failed Summer Nuclear Station.  This sentence should serve as a reminder to any corporation and their executives that there is a price to pay for those who conspire to commit fraud.”

According to evidence presented to the Court, Marsh has no prior criminal history, and has cooperated with federal and state investigators for more than a year in the ongoing investigation into criminal wrongdoing related to the V.C. Summer nuclear project.  Marsh’s sentence reflects credit for his assistance in the ongoing investigation and prosecution of wrongdoing related to the failed nuclear construction project.

Marsh is the first defendant in the case to be sentenced in the investigation.  The United States Attorney’s Office has additionally obtained felony guilty pleas from Stephen Byrne, former Executive Vice President of SCANA and former Chief Operating Officer of South Carolina Electric & Gas Company (SCE&G), and Carl Churchman, former Westinghouse Electric Corporation Vice President and the Project Director of the V.C. Summer Nuclear project. The United States Attorney’s Office has also executed cooperation agreements with Dominion Energy and Westinghouse Electric Company, which together provide over $4 billion in ratepayer relief; and it has charged Jeffrey Benjamin, former Westinghouse Electric Company Senior Vice President, in a sixteen-count felony criminal indictment.

United States District Judge Mary Lewis sentenced Marsh to 24 months in federal prison, to be followed by a three-year term of court-ordered supervision.  There is no parole in the federal system. Judge Lewis also imposed a fine of $200,000. Under the terms of his plea agreement, Marsh paid $5 million in federal forfeiture prior to his sentencing.  

This sentencing is the result of an exhaustive and multi-year joint investigation by the U.S. Attorney’s Office, the Federal Bureau of Investigation, the U.S. Securities and Exchange Commission, the South Carolina Attorney General’s Office, and the South Carolina Law Enforcement Division.  Assistant United States Attorneys Brook Andrews, Winston Holliday, Emily Limehouse, and Special Assistant United States Attorney John O’Halloran are prosecuting the case.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced that Kevin B. Marsh, former SCANA Corporation (SCANA) Chief Executive Officer and former Chairman of its Board of Directors, is scheduled to be sentenced tomorrow – Thursday, October 7 – in federal court to conspiracy to commit mail and wire fraud.  The hearing is scheduled for 10:00 a.m. at the Matthew J. Perry Federal Courthouse, 901 Richland Street, Columbia, before the Honorable Mary G. Lewis.

Acting U.S. Attorney DeHart will be available for media questions after the hearing.

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Charleston, South Carolina --- Acting U.S. Attorney M. Rhett DeHart announced today that Lamar Louis Johnson, a/k/a “McJag,” 39, of Mount Pleasant, was sentenced to 27 years in federal prison for his role in suppling cocaine to a drug trafficking organization that operated in the Dorchester Terrace neighborhood of North Charleston.

The evidence presented at the sentencing hearing showed that Johnson distributed dozens of kilograms of cocaine in the Charleston area since 2019.  His sentence was enhanced based on his leadership role in the organization, his possession of firearms at the time of his arrest, and his significant criminal history which included more than seventeen prior convictions for various narcotics offenses and violent crimes.

“The North Charleston Police Department is appreciative of the work of the United States Attorney’s Office and our law enforcement partners, which assisted in the lengthy investigation, successful prosecution of the cases developed, and fair sentencing of the defendant,” stated Chief of Police Reggie Burgess of the North Charleston Police Department.  “One of the themes of the North Charleston Police Department is to create safer neighborhoods for our citizens and the sentence of this offender assists us in our mission.”

Johnson was one of twelve defendants charged in July 2019 during the first wave of Operation Lowcountry Line, a joint federal, state, and local multi-year investigation quarterbacked by the Federal Bureau of Investigation (FBI) with assistance from the North Charleston Police Department, Charleston County Sheriff’s Office, Charleston Police Department, Berkeley County Sheriff’s Office, Dorchester County Sheriff’s Office, Mount Pleasant Police Department, South Carolina Law Enforcement Division (SLED), Ninth Circuit Solicitor’s Office, Charleston County Aviation Authority, and the United States Postal Inspection Service. 

According to the fifty-count superseding indictment, the case targeted members of a street gang who obtained bulk supplies of heroin, cocaine, and other narcotics from interstate sources of supply and then redistributed the drugs to street-level drug dealers in the greater Charleston area.  The superseding indictment also asserted that gang members and associates threatened violence and used firearms to defend themselves and their criminal enterprise from rival drug dealers and gang members.  

Another twelve defendants were charged in a second-round indictment in mid-2020.  To date, twenty-two of the twenty-four defendants, including Johnson, have pled guilty. 

U.S. District Judge David Norton sentenced Johnson to 324 months in federal prison, to be followed by a five-year term of court-ordered supervision.  There is no parole in the federal system. 

Assistant United States Attorney Everett McMillian, lead attorney of the Organized Crime Drug Enforcement Task Force (OCDETF), is prosecuting the case.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart, announced today that Dashawn Terrell Swygert, age 27, of Columbia, pleaded guilty in federal court to two counts of being a felon in possession of a firearm and ammunition.

Evidence presented to the court showed that in early 2020, agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted an investigation into firearms within the Columbia area. During this investigation, undercover ATF agents were introduced to Swygert, a validated gang member. During three transactions in February 2020, he sold six handguns, many of which were loaded, to undercover ATF agents. Of the seven handguns recovered by ATF, three had previously been reported as having been stolen from vehicles in Richland County and Newberry County. Another of the handguns was preliminarily linked through ballistics analysis as having been involved in two shooting incidents in Richland County and one shooting incident in Lexington County. 

Swygert has prior state convictions for strong armed robbery, assault and battery, and criminal conspiracy.

Swygert faces a maximum penalty of 10 years in federal prison, a fine of $250,000, and 3 years of supervision to follow the term of imprisonment. United States District Judge Mary Geiger Lewis accepted the guilty plea and will sentence Swygert after receiving and reviewing a sentencing report prepared by the United States Probation Office.

This case was made possible by investigative leads generated from the ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

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

Assistant United States Attorney Stacey D. Haynes is prosecuting the case.

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Charleston, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today awards of more than $3.5 million in Department of Justice grants to fight crime in the District of South Carolina.  The grants were awarded by the Department’s Office of Justice Programs (OJP) and received by the South Carolina Department of Public Safety.

“Crime across our nation and here in South Carolina has risen over the past year,” said Acting U.S. Attorney DeHart. “While our office continues to vigorously prosecute those responsible for crime, we also are grateful for the Department of Justice’s commitment to supporting our state and local partners in their work to make our communities safer places.”

The grant funds were distributed as part of the Edward Byrne Justice Assistance Grant Program to support state and local initiatives including law enforcement programs, prosecution and court programs, prevention and education programs, drug treatment and enforcement programs, and crime victim and witness programs.

More information about the Department of Justice’s Office of Justice Program and its components can be found at www.ojp.gov.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Abrian Dayquan Sabb, 26, of Orangeburg, pleaded guilty in federal court to aiding and abetting the making of a false statement to a federal firearms dealer during the purchase of a firearm.

Evidence presented to the court showed that on the morning of April 10, 2019, Abrian Sabb, while armed with a loaded AR-15 semi-automatic rifle with a high-capacity magazine, entered the emergency room of The Regional Medical Center in Orangeburg and began shooting in the hallway.  A nurse was struck by a bullet to the chest, causing serious bodily injuries. Law enforcement responded and arrested Abrian Sabb at the scene, charging him with various state charges.

The investigation revealed that the day before, April 9, 2019, Abrian Sabb had been involved in a domestic argument at his residence, which resulted in law enforcement responding and confiscating his handgun. Later that day, Abrian Sabb asked his brother, Darius Bernard Sabb, to go with him to a local firearms dealer to purchase him another firearm. Abrian Sabb provided his brother money and requested that he buy an AR-15 semi-automatic rifle with a 100 round magazine and two boxes of ammunition for him. Darius Sabb falsely filled out the ATF 4473 form attesting that he was the actual purchaser of the firearm and bought it. Immediately upon leaving the firearms dealer’s store, Darius Sabb turned the items over to Abrian Sabb as they had planned. Later that day, Abrian Sabb’s girlfriend called Darius Sabb and complained about him purchasing the firearm for Abrian Sabb. Darius Sabb then retrieved the rifle and hid it at another person’s home. However, Abrian Sabb found out where the firearm was located and retrieved it.

Abrian Sabb faces of maximum penalty of 10 years in federal prison, a fine of $250,000, and 3 years of supervision to follow the term of imprisonment. Co-defendant Darius Sabb, 23, of Orangeburg, earlier plead guilty to conspiracy to make a false statement to a federal firearms dealer during the purchase of a firearm and is currently awaiting sentencing. He faces a maximum penalty of 5 years in federal prison, a fine of $250,000, and 3 years of supervision to follow the term of imprisonment.

United States District Judge Mary Geiger Lewis accepted both guilty pleas and will sentence them both after receiving and reviewing sentencing reports prepared by the United States Probation Office.

The firearm charges were the result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Orangeburg County Sheriff’s Office as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. 

Assistant United States Attorney Stacey D. Haynes is prosecuting the case.

State court charges related to the shooting remain pending, and the defendant is innocent unless and until proven guilty.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced that Willie Franklin Evans, 59, of Columbia, was sentenced to 18 months in federal prison, after earlier pleading guilty to being a felon in possession of a firearm and ammunition. 

Evidence presented in court showed that on the evening of August 17, 2020, an officer with the Columbia Police Department recovered a loaded stolen firearm in Evans’ waistband after encountering him in a stopped vehicle on Assembly Street.  Evans, who had been released from a three-year term of federal supervision nine days earlier, admitted that he had obtained the firearm a few months or so before.

Evans is a felon and prohibited from possessing firearms and ammunition under federal law based upon prior state and federal convictions. After escaping from juvenile custody in 1979, Evans was convicted in state court of armed robbery, assault and battery with intent to kill for shooting a Richland County Sheriff’s Department deputy five times, carrying a concealed weapon, and grand larceny of a vehicle.  He was sentenced to a total of 25 years.  After being released in 1993, Evans was convicted in federal court in 1996 of two separate counts of using and carrying a firearm during and in relation to a crime of violence stemming from the armed robbery of two businesses in 1995.  He was sentenced to 300 months imprisonment followed by 3 years of supervised release.  Evans was released to federal supervision in 2017 and completed it in early August 2020, nine days before the instant offense.

Senior United States District Judge Joseph F. Anderson, Jr. sentenced Evans to the guidelines sentence of 18 months imprisonment on the firearm charge with 3 years of supervision to follow.  There is no parole in the federal system. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Columbia Police Department and prosecuted by Assistant United States Attorney Stacey D. Haynes.

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

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Columbia, South Carolina---- Acting United States Attorney M. Rhett DeHart announced today that his office has resolved claims that Alpha Genomix Laboratories, Inc. paid unlawful kickbacks to Aiken Counseling Group, LLC to induce genetic testing referrals, from April 2015 through December 2016.

The United States alleges that during this time period, Alpha Genomix disguised its kickbacks by paying the salary of an individual who primarily worked for Aiken Counseling Group.  Further, the United States alleged most of the referrals were not legitimately ordered by a physician and were medically unnecessary.  Medicare and South Carolina Medicaid paid for these fraudulent claims, which violated the Anti-Kickback Statute and the False Claims Act.  Alpha Genomix Laboratories, Inc. will pay a $35,000 settlement upfront and a percentage of gross annual revenues up to a total of $200,000 to resolve the claims.

The allegations settled arose from a lawsuit filed by a psychiatrist formerly employed by Aiken Counseling Group, under the whistleblower provisions of the False Claims Act.  Under the act, private citizens can bring suit on behalf of the government for false claims and share between 15 and 30% of the recovery.

The owner of the Aiken Counseling Group, Lain Bradford, was sentenced in February 2020 to three years of probation and ordered to pay restitution, after pleading guilty to health care fraud and drug offenses in a related case.  Aiken Counseling Group filed for Chapter 7 Bankruptcy in January 2018 and is no longer in business.

Since the allegations, Alpha Genomix Laboratories was sold to new ownership.

The Alpha Genomix Laboratories, Inc. matter was investigated by the Office of the Inspector General of the Department of Health and Human Services, the South Carolina Attorney General’s Medicaid Fraud Control Unit, and Assistant United States Attorney Beth Warren.

“Providers participating in Medicare and Medicaid are expected to uphold the integrity of the programs,” stated Derrick L. Jackson, Special Agent in Charge with the Department of Health and Human Services Office of Inspector General (HHS-OIG).  “Companies that seek unmerited payment for unnecessary and illegitimate services abuse the programs and divert funds meant to improve the health and prolong the lives of beneficiaries.  HHS-OIG and our partners will actively pursue those who commit health care fraud.”

The litigation and settlement of this matter illustrates the government’s emphasis on combating health care fraud.  One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

The claims resolved by this settlement are allegations only.  Alpha Genomix Laboratories, Inc. does not admit wrongdoing or liability.

The case is captioned United States ex rel. Jane Doe, M.D. v. Aiken Counseling Group, LLC and Alpha Genomix Laboratories, Inc. 

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Viktors Suhorukovs, 37, a citizen of Latvia, was sentenced to more than four years in federal prison and ordered to pay over $4.5 million in restitution, after pleading guilty to mail fraud in a multi-million-dollar scheme, carried out over a nearly three-year period, that defrauded holders of United States trademark registrations.

“Our office will always seek out and utilize all means available to bring justice towards those who defraud United States citizens and businesses in efforts to steal millions of dollars,” said Acting U.S. Attorney DeHart.  “Our office also appreciates the collaborative effort with the United States Patent and Trademark Office, the United States Postal Inspection Service, Homeland Security Investigations, and the Greenville Police Department to ensure justice was served.”

“On behalf of the United States Patent and Trademark Office, we are grateful for the work of the U.S. Attorney’s Office in South Carolina, Homeland Security, and the Greenville Police Department in bringing Mr. Suhorukovs to justice," said David S. Gooder, Commissioner for Trademarks.  "Trademark filing scams are a growing international problem, with foreign entities increasingly targeting U.S. citizens with misleading solicitations.  We are committed to the rigorous protection of all users of our world-class trademark register and are pleased to work with law enforcement to achieve a result like the one in this case.” 

Evidence presented to the court showed that Suhorukovs established and operated Patent and Trademark Office, LLC, a limited liability company registered in the District of Columbia, and Patent and Trademark Bureau, LLC, a limited liability company registered in New York. These names closely resemble the official name of the United States Patent and Trademark Office (USPTO), which helped conceal the true source of trademark registration renewal notices Suhorukovs’ companies were mailing to registrants.

Suhorukovs’ renewal notices misrepresented the trademark registration’s expiration date.  The renewal notices also contained a QR Code which linked the trademark holder directly to the official government USPTO website.  The notices directed the victim to sign and return the notice.  Once the victim signed and returned the renewal notice, Suhorukovs sent the victim an invoice for the renewal service and charged inflated prices for the renewal of the trademark.  Victims would then, unknowingly, send renewal fees to Suhorukovs’ businesses, believing they were dealing with the USPTO. 

In the notices and invoices, Suhorukovs represented he would renew the trademark registration, when in fact, he did not or could not renew the registration at the time he represented to the victims that he would because, under applicable law, those trademarks were not yet eligible for renewal.  In addition, under the USPTO’s rules, Suhorukovs could not lawfully file renewal documents on behalf of registrants because he was not a licensed U.S. attorney.

Over 2,900 victims of the scheme have been identified.

United States District Judge Donald C. Coggins, Jr. sentenced Suhorukovs to 52 months in federal prison and 24 months of supervised release.  There is no parole in the federal system.  Suhorukovs was also ordered to pay $4,521,593.27 in restitution.

This case was investigated by the United States Postal Inspection Service, Homeland Security Investigations, and the Greenville Police Department.  Assistant U.S. Attorney Winston Marosek prosecuted the case.

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Information on how the USPTO protects owners of United States trademark registrations from theft and scams can be viewed at: https://www.uspto.gov/trademarks/protect/scam-awareness.

Florence, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Che Quan Charon David Page, 26, of Latta, was sentenced to seven years in federal prison after pleading guilty to using, carrying, and brandishing a firearm during and in relation to a crime of violence.

Evidence presented to the Court showed that, on the morning of December 9, 2018, while an employee was opening a Dollar General store in Dillon, Page forced his way into the store.  Page held the employee at gunpoint, forcing her to turn off the alarm and directing her to put the money from the store safe in a black drawstring bag he provided.  Page then left the store. 

Minutes later, a Dillon County Sherriff’s Deputy stopped a vehicle speeding away from the area of the Dollar General.  As the passenger in the vehicle, Page was wearing distinctive clothing that matched clothing worn by the robber. 

On a nearby roadside, law enforcement found a firearm consistent with that used by the robber, as well as a drawstring bag with cash both inside and scattered around the bag.

United States District Judge Sherri A. Lydon sentenced Page to 84 months in federal prison, to be followed by a 60-month term of court-ordered supervision.  There is no parole in the federal system.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Dillon County Sheriff’s Office.   

Assistant United States Attorney Katherine Flynn prosecuted the case.

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Myrtle Beach, South Carolina --- Acting United States Attorney M. Rhett Dehart announced today that a joint team of dozens of federal, state, and local law enforcement officers, led by the U.S. Drug Enforcement Administration (DEA), arrested seven individuals who have been indicted in federal court and face charges related to an interstate drug trafficking organization that operated out of Myrtle Beach and Kingstree.

The investigation specifically targeted members of this drug trafficking organization based on sales of large quantities of dangerous drugs, including heroin, methamphetamine, cocaine, and crack cocaine, and use of firearms in furtherance of their drug trafficking crimes. 

The following defendants were arrested today and charged in a recently unsealed federal indictment:

• LEROY JUNIOR CUNNINGHAM, a/k/a “Black,” a/k/a “Chris,” 45, of Myrtle Beach, is charged with conspiracy to possess with intent to distribute and distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance, and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine and 500 grams or more of a mixture or substance containing a detectable amount of cocaine, Schedule II controlled substances.  This charge carries a potential penalty of 10 years to Life imprisonment. 
• TYRONE BROWN, a/k/a “Chief,” 46, of Myrtle Beach, is charged with conspiracy to possess with intent to distribute and distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance, and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine and 500 grams or more of a mixture or substance containing a detectable amount of cocaine, Schedule II controlled substances.  This charge carries a potential penalty of 10 years to Life imprisonment.
• ALEX LETROY GLOVER, 41, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance, and 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.  This charge carries a potential penalty of 5 to 40 years imprisonment.
• TONYA GRANT MITCHELL, 45, of Andrews, is charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II controlled substance.  This charge carries a potential penalty of 5 to 40 years imprisonment.
• DERRICK LEE CUNNINGHAM, a/k/a “Ruby Tuby,” 43, of Myrtle Beach, is charged with conspiracy to possess with intent to distribute and distribute a quantity of heroin, a Schedule I controlled substance, 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine and a quantity of cocaine, Schedule II controlled substances.  This charge carries a potential penalty of 5 to 40 years imprisonment.
• CAMERON JOHN KAZIMIERCZAK, a/k/a “Cam,” 30, of Myrtle Beach, is charged with conspiracy to possess with intent to distribute and distribute a quantity of methamphetamine and a quantity of cocaine, Schedule II controlled substances.  This charge carries a potential penalty of up to 20 years imprisonment.

• MARLIN CARLOS MCKNIGHT, a/k/a “Martin Carlos McKnight,” 46, of Goose Creek, is charged with conspiracy to possess with intent to distribute and distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a quantity of cocaine base (commonly referred to as “crack cocaine”), and a quantity of cocaine, Schedule II controlled substances.  This charge carries a potential penalty of 5 to 40 years imprisonment.

Three defendants are still at large, including JAMEL RASHAD SMALL, 32, of Myrtle Beach.  Charges against the two other defendants remain sealed at this time. 

This investigation is the latest in a series of joint state/federal operations aimed at curbing violent crime and drug overdoses in the Myrtle Beach area.  In 2020 and 2021, Operation New Optix resulted in drug charges against 34 defendants, 22 of whom have pled guilty to date.  In 2017, Operation Silver Sunset targeted 29 associates of a violent.  In 2018, Operation Rise and Shine targeted 33 associates of a related gang.  In 2020, Operation Broken Branch targeted 31 members of a drug trafficking organization in the Cedar Branch area of Horry County. 

Agents with DEA’s Florence Resident Office quarterbacked this investigation with significant participation from the following agencies: Myrtle Beach Police Department, Horry County Police Department, North Myrtle Beach Department of Public Safety, Florence County Sheriff’s Office, Horry County Sheriff’s Office, South Carolina State Law Enforcement Division (SLED), United States Marshals Service, and the Kingstree Police Department. 

“The United States Attorney’s Office continues to vigorously prosecute major drug trafficking organizations, and the charges here speak to those efforts,” said Acting U.S. Attorney DeHart.  “I want to thank all our federal and local partners for the countless hours they have spent working to dismantle these organizations across the Myrtle Beach area.  They continue to put themselves in harm’s way to make our communities safer.”

“These arrests are a direct result of the dedicated efforts between DEA and its law enforcement partners,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy.  “Heroin, methamphetamine, cocaine and crack are dangerous drugs that pose a clear and present danger to any community.  The Myrtle Beach area is safer today because these poly-drug traffickers have been removed from the streets.”

“Today is another example of what can be accomplished using the outstanding partnerships between federal, state, and local law enforcement,” said Chief Amy Prock of the Myrtle Beach Police Department.  “The dedication displayed by these officers and agents, along with the support we receive from our community members, shows the continued commitment we all have in addressing the behaviors of those who wish to cause harm in our community.”

Special Assistant United States Attorney Ryan Waller who works jointly with the 15th Circuit Solicitor’s Office and Assistant United States Attorney Everett McMillian, Lead Task Force Attorney for the Organized Crime Drug Enforcement Task Force (OCDETF), are prosecuting the case. 

OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Acting U.S. Attorney DeHart stated that all charges against these defendants are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

 

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Florence, South Carolina --- Acting United States Attorney for the District of South Carolina M. Rhett DeHart announced today that Emmanuel Papas, 52, of Myrtle Beach, a former lead transportation security officer with the Transportation Security Administration (TSA), has been sentenced to more than one year in federal prison after pleading guilty to stealing from the Department of Labor’s Office of Workers Compensation Program.

“Federal employees should always respect the trust given to them, be it as a current or former employee,” said Acting United States Attorney DeHart.  “Betraying that trust and stealing from the federal government never pays.”

Evidence presented in court established that Papas was injured on the job in 2004, when he served with the TSA at the Newark International Liberty Airport.  Due to these injuries, Papas began receiving federal worker’s compensation benefits.

A subsequent federal investigation by TSA agents revealed that Papas was improperly receiving benefits because he was actively working at granite shops in the Myrtle Beach area from March 2009 through February 2020. Surveillance showed Papas working, interviews with various granite business employees confirmed that he worked at three Myrtle Beach-area retail granite shops, and deposits into Papas’s bank account showed income from Myrtle Beach-area granite businesses.  The investigation also revealed that Papas disguised his income by having his earnings either paid in cash or with checks made payable in his family members’ names. Papas, who ultimately confessed, also completed at least eight federal forms attesting that he had no outside income and was, thus, eligible to continue to receive his benefits. The total loss to the federal government was just under $150,000.

United States District Judge Sherri A. Lydon sentenced Papas to one year and one day of imprisonment, to be followed by three years of supervised release.  There is no parole in the federal system. Additionally, Papas was ordered to pay restitution of $148,982.42.

The matter was investigated by TSA-Investigations, Atlanta Field Office, with the assistance of the U.S. Department of Labor.

Assistant United States Attorney Derek A. Shoemake prosecuted the case.

 

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Columbia, South Carolina---- Acting United States Attorney M. Rhett DeHart stated today that Eddie Brockington, 31, of Aiken County, was sentenced to 32 years in federal prison for conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine and a quantity of heroin.

Evidence presented in court established that the Drug Enforcement Administration initiated an investigation into the narcotics distribution activities of co-defendants Eddie Brockington, a Georgia Department of Corrections inmate, and Kenneth Evans, a South Carolina Department of Corrections inmate.

Through controlled purchases and other investigative techniques, agents learned that members of the conspiracy purchased and distributed large amounts of methamphetamine and/or heroin for Brockington and Evans.  Agents learned that Brockington used contraband cellphones, Facebook Messenger and other social media posting to have his co-defendants purchase, transport, and distribute large amounts of methamphetamine and/or heroin.  Brockington was responsible for distributing more than 223 kilograms of methamphetamine and 3.5 kilograms of heroin throughout South Carolina while incarcerated in the Georgia Department of Corrections.  The drugs were primarily sourced from Atlanta and were transported into South Carolina by various members of his organization and then sold to customers.

United States District Judge J. Michelle Childs sentenced Brockington to 32 years of incarceration, to be followed by 10 years of supervised release.  Brockington will begin serving his federal sentence while also serving a state sentence in the Georgia Department of Corrections for trafficking methamphetamine.

Brockington is the eleventh defendant in the federal case to be sentenced to federal prison. Two additional defendants’ charges are still pending.

The case was investigated by agents of the Drug Enforcement Administration, Aiken County Sheriff's Department, and the South Carolina Department of Corrections.  Assistant United States Attorney William K. Witherspoon of the Columbia office prosecuted the case.

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Columbia, South Carolina---- Acting United States Attorney M. Rhett DeHart announced today that the United States District Court for the District of South Carolina has entered $140 million in default judgments against a group of South Carolina pain management clinics, drug testing laboratories, and a substance abuse counseling center.  This combined judgment is one of the largest ever False Claims Act judgments in the District of South Carolina. 

Specifically, a default judgment entered on September 2, 2021, for the United States against Oaktree Medical Centre, P.C., FirstChoice Healthcare, P.C., Labsource, LLC, Pain Management Associates of the Carolinas, LLC, and Pain Management Associates of North Carolina, P.C. totals $136,025,077.  It follows a July 20, 2020 default judgment in this matter in the amount of $4,269,084.78 against ProLab, LLC and ProCare Counseling Center, LLC.  The Court entered these judgments after these defendants failed to defend against the United States’ allegations.

In its Complaint, filed on May 31, 2019, the United States alleged the pain management clinics and drug testing laboratories – all of which were owned or operated by chiropractor Daniel McCollum – provided illegal financial incentives to doctors and mid-level providers to induce the referrals of urinary drug tests, in violation of the Stark Law and the Anti-Kickback Statute.  The United States also alleged the pain management clinics, laboratories, and a substance abuse counseling clinic billed federal healthcare programs for unnecessary urinary drug testing.  Finally, the United State alleged the pain management clinics billed or caused to be billed false claims for steroid injections, opioid prescriptions, and lidocaine ointment prescriptions because the injections and prescriptions were medically unnecessary and/or lacked a legitimate medical purpose.  

McCollum answered the United States’ Complaint and remains a party to the ongoing litigation.

Congress passed the Stark Law and the Anti-Kickback Statute to prevent financial incentives from improperly influencing medical decision-making, which can lead to excessive and unnecessary tests and services.  Among other things, the Stark Law prohibits billing Medicare for laboratory testing services referred by a physician who has a financial relationship with the laboratory.  The Anti‑Kickback Statute prohibits offering or paying anything of value to induce the referral of items or services covered by federal health care programs, including laboratory testing services. 

“Improper financial relationships between health care providers and laboratories can lead to overutilization and increase the cost of health care services paid for by the taxpayers,” said Acting Assistant Attorney General Brian M. Boynton of the Department of Justice’s Civil Division.  “We will continue to ensure that health care decisions are based on the needs of patients rather than the financial interests of providers.”

“Patients should not have to question whether their doctor recommended a test or procedure for personal gain,” said Acting U.S. Attorney DeHart.  “For years, these companies used improper financial incentives to generate healthcare provider referrals.  This $140 million judgment is a cautionary tale of why health care fraud does not pay.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Donna Rauch, Muriel Calhoun, Brandy Knight, Karen Mathewson, and Tracy Hawkins, former employees of pain management clinics owned or operated by McCollum.  Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. 

The qui tam cases are captioned United States ex rel. Rauch, et al. v. Oaktree Medical Centre, P.C., et al., No. 6:15-cv-01589-DCC (D.S.C.); United States ex rel. Mathewson v. Dr. Daniel A. McCollum, et al., No. 6:17-CV-01190-DCC (D.S.C.); and United States ex rel. Hawkins v. Pain Management Associates of the Carolinas, LLC, et al., No. 8:18-cv-02952-DCC (D.S.C.).

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the District of South Carolina, with assistance from the Federal Bureau of Investigation, the Department of Health and Human Service’s Office of Inspector General, the South Carolina Attorney General’s Office, and the Defense Criminal Investigative Service.

The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud.  One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The matter was handled by Assistant U.S. Attorney Beth Warren and Justice Department Fraud Section Attorneys Yolonda Campbell, Michael Kass, Christopher Terranova, and David Wiseman.

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On Thursday, the U.S. District Court for the District of South Carolina entered default judgments for the United States totaling $136,025,077 against Oaktree Medical Centre P.C. (Oaktree), FirstChoice Healthcare P.C. (FirstChoice), Labsource LLC (Labsource), Pain Management Associates of the Carolinas LLC (PMA of the Carolinas) and Pain Management Associates of North Carolina P.C. (PMA of North Carolina). This is the second time the court has entered a default judgment in this matter. On July 20, 2020, the court entered a default judgment in the amount of $4,269,084.78 against ProLab LLC (ProLab) and ProCare Counseling Center LLC (ProCare). The court entered these judgments after these defendants failed to defend against the United States’ allegations. 

In its complaint, filed on May 31, 2019, the United States alleged that Oaktree, FirstChoice, Labsource, PMA of the Carolinas and PMA of North Carolina — all of which were owned or operated by chiropractor Daniel McCollum — provided illegal financial incentives to providers to induce their referrals of urine drug tests in violation of the Stark Law and the Anti-Kickback Statute. The United States also alleged that ProCare, a substance abuse counseling clinic, and ProLab, a urine drug testing laboratory partially owned by McCollum, billed federal health care programs for unnecessary urine drug tests. McCollum answered the United States’ complaint and remains a party to the ongoing litigation. 

Congress passed the Stark Law and the Anti-Kickback Statute to prevent financial incentives from improperly influencing medical decision-making, which can lead to excessive and unnecessary tests and services. Among other things, the Stark Law prohibits billing Medicare for laboratory testing services referred by a physician who has a financial relationship with the laboratory. The Anti‑Kickback Statute prohibits offering or paying anything of value to induce the referral of items or services covered by federal health care programs, including laboratory testing services. 

“Improper financial relationships between health care providers and laboratories can lead to overutilization and increase the cost of health care services paid for by the taxpayers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “We will continue to ensure that health care decisions are based on the needs of patients rather than the financial interests of providers.”

“Patients should not have to question whether their doctor recommended a test or procedure for personal gain,” said Acting U.S. Attorney M. Rhett DeHart for the District of South Carolina. “For years, these companies used improper financial incentives to generate health care provider referrals. This $140 million judgment is a cautionary tale of why health care fraud does not pay.”

The judgment includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Donna Rauch, Muriel Calhoun, Brandy Knight, Karen Mathewson and Tracy Hawkins, former employees of pain management clinics owned or operated by McCollum. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned United States ex rel. Rauch, et al. v. Oaktree Medical Centre, P.C., et al., No. 6:15-cv-01589-DCC (D.S.C.); United States ex rel. Mathewson v. Dr. Daniel A. McCollum, et al., No. 6:17-CV-01190-DCC (D.S.C.); and United States ex rel. Hawkins v. Pain Management Associates of the Carolinas, LLC, et al., No. 8:18-cv-02952-DCC (D.S.C.).

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division's Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of South Carolina, with assistance from the FBI, the Department of Health and Human Service’s Office of Inspector General, the South Carolina Attorney General’s Office, and the Defense Criminal Investigative Service. 

The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The matter was handled by Fraud Section Attorneys Yolonda Campbell, Michael Kass, Christopher Terranova, and David Wiseman, along with Assistant U.S. Attorney Beth Warren of the District of South Carolina.

Charleston, South Carolina ---- Acting United States Attorney M. Rhett DeHart announced today that Edwin M. Jenkins, Jr., 33, of Bluffton, was sentenced to over twenty years in federal prison after pleading guilty to one count of distribution of a mixture of heroin and fentanyl, one count of distribution of heroin, and one count of possession with intent to distribute 40 grams or more of fentanyl. 

Evidence presented in court showed that Jenkins sold either heroin, fentanyl, or a mixture of heroin and fentanyl to a confidential informant on multiple occasions.  On April 12, 2017, Jenkins was arrested when he arrived at a location where he believed he was going to sell drugs to an informant.  As law enforcement moved to make an arrest, Jenkins fled on foot and dropped a bag containing over 57 grams of a mixture containing fentanyl, before being apprehended.

Jenkins’ criminal history included multiple prior felony drug convictions, and he was on parole on state charges at the time of his criminal conduct in this case.

United States District Court Judge Bruce H. Hendricks sentenced Jenkins to 250 months in federal prison, to be followed by a 96-month term of supervised release.  There is no parole in the federal system.

The case was investigated by agents of the Federal Bureau of Investigation, the Bluffton Police Department, and the Fourteenth Circuit Solicitor’s Office.  Assistant United States Attorney Nick Bianchi and Special Assistant United States Attorney Carra Henderson prosecuted the case.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that three defendants associated with violent Columbia street gangs – Daisean Montez Skeeters, 27, of Elgin; Trenton Jermaine Portee, 26, of Columbia; and Zykese Demar Trevon Howell, 20, of Columbia – were sentenced in total to more than 19 years in federal prison after pleading guilty to federal firearms violations.

According to evidence presented in court, Skeeters and Portee are validated gang members, and Howell is a gang associate. Skeeters is also the leader of a local hybrid gang known to engage in violence and other criminal conduct, according to evidence presented in court by law enforcement.

“Gang violence and violence associated with drug distribution will not be tolerated in South Carolina,” said Acting U.S. Attorney DeHart.  “The results from these cases were only possible because of tremendous partnerships with federal, state, and local partners who continue to prioritize an aggressive response to violent crime. We will continue to work together to make communities safer across South Carolina.”

Skeeters pled guilty to being a felon in possession of a firearm and ammunition. Evidence presented in court showed that, around 10:30 PM on October 18, 2019, a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) task force officer observed an Instagram story with Skeeters brandishing a tan firearm with a high-capacity magazine.  The officer, who knew Skeeters was a felon and affiliated with various street gangs, notified the Midlands Gang Task Force.  Hours later, the officer observed another Instagram story showing Skeeters with a group of associates, including one on GPS ankle monitor known to have active bench warrants.  That associate has since been the victim of a homicide by gunshot.  Orangeburg County Sheriff’s Office deputies were able to detain the associate, as well as stop a vehicle in which Skeeters was a passenger. When searching the vehicle, law enforcement located the tan firearm with an extended magazine loaded with 28 rounds of ammunition.  Federal law prohibits Skeeters from possessing firearms and ammunition based on prior felony convictions, including five firearm convictions, numerous drug convictions, and two failure to stop for blue lights convictions, among others, in 2013, 2015, 2017, and 2018.   

Portee also pled guilty to being a felon in possession of a firearm and ammunition.  Evidence presented in court showed that on September 3, 2019, Portee was pulled over by a Columbia Police Department officer.  After stopping his car, Portee fled on foot.  During the chase, the officer observed a black pistol in Portee’s right hand and gave Portee loud verbal commands to stop and drop the firearm.  Portee then tripped over a fence and was apprehended by the officer.  After Portee was placed in handcuffs and rolled over, a loaded .40 caliber pistol was located on the ground under Portee.  The pistol was stolen in Richland County a year prior.  Additionally, through ballistics testing by ATF and the South Carolina Law Enforcement Division (SLED), it was determined that the gun was preliminary linked to two local attempted homicides – one in which the victim was shot in the back of the head. Portee was also prohibited from possessing firearms and ammunition based on prior felony convictions, including three firearm convictions, numerous drug convictions, and convictions criminal domestic violence, Assault & Battery, and Strong Arm Robbery in 2013, 2014, 2015, and 2016.

Howell pled guilty to the distribution of marijuana and possession of a firearm in furtherance of a drug trafficking crime.  Evidence presented in court showed that between January and February 2020, Howell and a co-defendant, who is a validated gang member, sold an ATF undercover agent 11 firearms, 5 of which were loaded with a total of 81 rounds of ammunition, and approximately 242 grams of marijuana.  Four of the firearms had been previously stolen and ballistics testing by ATF and SLED determined that two of the firearms were previously used in shootings in Richland County.

The ballistics analysis used in the Portee and Howell cases was through the National Integrated Ballistic Information Network (NIBIN),  the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. More information on NIBIN can be found at: https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

United States District Court Judge J. Michelle Childs sentenced Skeeters to 84 months in federal prison, to be followed by a 3-year term of court-ordered supervision.  Judge Childs sentenced Portee to 86 months in federal prison, to be followed by a three-year term of court-ordered supervision; and Judge Childs sentenced Howell to 61 months in federal prison, to be followed by a three-year term of court-ordered supervision.  There is no parole in the federal system.

The cases were investigated by the ATF, Columbia Police Department, Richland County Sheriff’s Department, Lexington County Sheriff’s Department, Orangeburg County Sheriff’s Office, the Midlands Gang Task Force, and SLED.  Assistant United States Attorney Elliott B. Daniels prosecuted the cases.

The cases were prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Joseph Benjamin Barton, 47, of Mount Pleasant, the owner and operator of Midlands Physical Medicine LLC in Richland County, has pleaded guilty to a felony count of health care fraud for billing Medicare for $194,000 that was not due.

Evidence presented in court showed that, from June 2016 until February 2017, Barton, through Midlands Physical Medicine, fraudulently submitted false claims to Medicare Part B for implantable neuro-stimulator pulse generators that beneficiaries did not receive and submitted “approvals” for such devices by a doctor no longer affiliated with the practice.

While Barton submitted claims to Medicare stating that another affiliated physician rendered the procedure, that physician was not a part of the practice, was living in Florida at the time, and was unaware that Barton submitted these claims using his identifiers as the provider that rendered the services.  In actuality, a physician’s assistant was providing Medicare beneficiaries an auricular electrical nerve stimulation device not covered by Medicare, in place of an implantable stimulator device, to provide relief from pain and/or headaches.

United States District Judge J. Michelle Childs accepted Barton’s guilty plea and will sentence Barton at a later date.  The maximum penalties Barton faces include ten years of imprisonment, a $250,000 fine, and three years of supervised release.

The Office of the Inspector General for United States Department of Health and Human Services is investigating the case, and Assistant United States Attorney Winston Holliday is prosecuting the case.

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Charleston, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that a joint team of more than 200 federal, state, and local law enforcement officers arrested nine individuals who have been charged in federal court for their roles in an alleged drug trafficking conspiracy that operated in the Charleston area as well for firearms charges.  Four additional defendants are not in custody at this time.

The arrests made in “Operation Cash Out” follow a months-long joint investigation between the FBI, ATF, HSI, City of Charleston Police Department, the North Charleston Police Department, the Charleston County Sheriff’s Office, SLED, Summerville Police Department, Berkeley County Sheriff’s Office, Dorchester County Sheriff’s Office, Mount Pleasant Police Department, Charleston County Aviation Authority Police Department, and the 9th Circuit Solicitor’s Office. 

The arrests also follow a 46-count indictment being returned by a Federal Grand Jury targeting alleged members of the violent street gang West Cash, in the case of United States v. Antwan Xavier Grant et al.

“Drug gangs are a primary reason for the violent crime surge not only in South Carolina but also across the nation,” said Acting U.S. Attorney DeHart.  “Violent gang activity will never be tolerated in South Carolina.  The United States Attorney’s Office and our local, state, and federal partners will not stop in our efforts to stop major drug traffickers, who use guns and violence to advance their activities.  On behalf of our office, I thank our local, state and federal law enforcement agencies for their constant bravery in making the arrests today and for their unwavering partnership in making our communities safer.”

The indictment alleges that, starting in September 2016 to the present, six of the thirteen defendants conspired to possess and distribute cocaine, crack cocaine, methamphetamine, heroin, and marijuana.   For their respective drug charges, the defendants could face up to 40 years in federal prison.

Additionally, four of the defendants have been charged with conspiring to make false statements to licensed firearms dealers in order to purchase firearms, as well as 13 individual charges of lying to licensed firearms dealers in order to purchase firearms, including an AR 15 pistol, FN 5.7 pistols, and a Glock 29.

The indictment alleges that these defendants lied to local licensed dealers, including Palmetto State Armory, ATP Gun Shop, Field & Stream, and Sportsman’s Warehouse, by attesting that they were the true purchaser of a firearm, when it is alleged that they were not.  Each of the firearm-related counts carry up to 10 years in federal prison.

The indictment also charges five of the defendants with using telephones to facilitate their drug trafficking conspiracy, counts that each carry up to 4 years in federal prison.

Multiple charges for felon in possession, possession of firearm in furtherance of drug trafficking, and possession with intent to distribute drugs are also included in the indictment.  These charges carry up to between 5 and 40 years in federal prison.

The nine defendants in custody are:

• Antwan Xavier Grant, a/k/a “Twan,” 25, of Charleston
• Tevin Jermaine Fulmore, a/k/a “Goon,” 27, of North Charleston
• Zyshonne Tremonte Dayon Gantt, a/k/a “Z Man,” 22, of Charleston
• Rashad Montez Heyward-Williams, a/k/a “Boola Bucks,” 28, of Charleston
• De’Andre Marquel Williams, a/k/a “Riley” and “Rilo,” 24, of Charleston
• Essence Tamia Cemon Ancrum, a/k/a “Poopie,” 24, of North Charleston
• Antonio Snipe, Jr., a/k/a “Bruiser,” 21, of Charleston
• Demetrius Samire Costen, a/k/a “Meechie,” 27, of North Charleston
• Jackie Benson, 46, of Summerville

Assistant United States Attorney Whit Sowards is prosecuting the case.

Acting U.S. Attorney DeHart stated that all charges against these defendants are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Charleston, South Carolina --- Acting United States Attorney Rhett DeHart announced today that James Thomas Bramlette, 42, of Salt Lake City, Utah, pled guilty to Wire Fraud and Tax Fraud in violation of 18 U.S.C. § 1343 and 26 U.S. § 7202, before United States District Judge Richard M. Gergel.  Bramlette will be sentenced at a later date.

The following evidence was presented at the guilty plea:  this investigation involved Melrose Report on Daufuskie Island, S.C.  Bramlette was a real estate developer in Salt Lake City, Utah.  In 2011, he borrowed $17.5 million from a Dutch investor to purchase the resort out of bankruptcy.  This loan was a short-term bridge loan with high interest rates.  Bramlette did not put any of his own money into the purchase.  Bramlette thought he could resale the resort soon after the sale, but his attempts to refinance or sell the resort failed repeatedly throughout the case. 

In addition to the Dutch loan, Bramlette and a co-defendant raised more than $10 million from individual investors by issuing promissory notes with high interest rates.  The promissory notes were not secured by the resort.  Most of the investors resided in the West.

The investment in the resort was difficult from the start.  Bramlette could not make the mortgage payments to the Dutch lender, which led to a $27 million foreclosure judgment in 2014.  Bramlette lost further control of the resort in October 2014 when he pledged ownership of the property to secure a separate $700,000 loan, which he later defaulted on.

Bramlette and his co-defendant struggled every month to raise money from new investors to pay the Dutch lender not to foreclose, to pay previous investors, and to pay employees, utilities, and taxes at the resort.  From 2013 through 2017, Bramlette repeatedly told investors that the resort was on the cusp of being refinanced by a private equity firm.  While several firms considered investing in the resort, none of these deals came to fruition.

After he lost control of Melrose Resort in late 2014, Bramlette was allowed to remain as manager of the resort due to his operational knowledge of the property.  Part of his duties as manager included paying the property taxes for Melrose Resort. 

Concerning the wire fraud charge, in September 2016, Melrose Resort owed $502,759 in past due property taxes to the Beaufort County Treasurer’s Office.  As a result of this tax delinquency, the Beaufort County Treasurer’s Office notified Bramlette that Melrose Resort would be auctioned at a tax sale if the property taxes were not paid. 

On September 20, 2016, an employee of Bramlette emailed this notice and stated that “we have a week from this Friday, September 30th, 2016 to pay these taxes, which total $502,759.40 or the properties go up for sale on Monday, October 3, 2016.”

It was part of the scheme to defraud that, in order to prevent the resort from being sold at this tax sale, Bramlette created a fake wire receipt that falsely represented that Melrose Resort had wired $502,759 to the Beaufort County Treasurer’s Office to pay the property taxes.  In reality, Melrose Resort had only $121.07 in its bank account at this time, and these funds were not wired as Bramlette represented.

It was further part of the scheme that Bramlette emailed the fraudulent wire receipt to one of his employees, and he caused this employee to send the fraudulent wire receipt to the Beaufort County Treasurer’s Office, in order to have Melrose Resort removed from the tax sale.  After receiving the fraudulent wire receipt, the Beaufort County Treasurer’s Office removed Melrose Resort from the tax sale. 

As to tax fraud charge, Bramlette was required to collect and pay over federal payroll taxes from the wages of all employees at Melrose Resort.  Bramlette collected payroll taxes from the Melrose employees, but he failed to turn over these taxes to the IRS.  In total, Bramlette collected but failed to turn over to the IRS approximately $1 million in payroll taxes.

In addition to the fraud above, Bramlette used at least $1.8 million from investors for personal use, which was not disclosed to investors.  Bramlette lived a lavish lifestyle, and he spent money on himself even when he failed to pay employees, vendors, and subcontractors.  The accountant at his company urged Bramlette to draw a salary and not use investor money for personal use.  Bramlette ignored this advice and failed to report this income to the IRS or even file income tax returns.

This case was prosecuted by Acting United States Attorney Rhett DeHart.  It was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, and the Securities and Exchange Commission in Los Angeles.

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Columbia, South Carolina---- Acting United States Attorney M. Rhett DeHart announced today that his office has reached a $21.25 million cooperation agreement with Westinghouse Electric Company, amidst the ongoing investigation of criminal misconduct surrounding the failed construction of two new nuclear units at the V.C. Summer nuclear plant. 

According to the agreement, Westinghouse agrees to cooperate fully and completely with the V.C. Summer criminal investigation until the conclusion of all related criminal prosecutions involving former Westinghouse officials.  Federal charges are pending against former Westinghouse manager Carl Churchman and former Westinghouse Senior Vice President for New Plants and Major Projects Jeffrey A. Benjamin.  Benjamin will be arraigned in federal court on August 31, 2021.

The agreement further specifies that Westinghouse will contribute an initial $5 million within 30 days to the South Carolina Low-Income Home Energy Assistance Program to help certain ratepayers affected by the project’s failure.  A final payment of $16.25 million would be paid by Westinghouse on or before July 1, 2022.

Westinghouse has produced more than three million pages of documents, data, and correspondences to federal investigators; made employee witnesses available for interviews; and provided extensive debriefing sessions on the process and facts developed during the course of the company’s internal investigations related to the project.

Following abandonment of the proposed new nuclear units, Westinghouse was acquired by Brookfield Business Partners. The company has since removed, reassigned, or re-trained Westinghouse senior management; elected new members to the Board of Directors; restructured and re-trained the company’s finance organization; established a global financial controls function; implemented new controls over financial reporting; revised and adopted a global ethics code; elected independent directors for its audit committee; established a corporate controller position; and implemented a new whistleblower program to provide employees with the ability to raise concerns without fear of retaliation.

In addition, Westinghouse – through its former parent company Toshiba – has satisfied $2.168 billion in settlement payments related to the V.C. Summer project, including $1.032 billion to SCANA, $976 million to Santee Cooper, and $160 million to pay various contractor liens.

“Our office continues to seek justice for the victims of the V.C. Summer Project failure,” said Acting U.S. Attorney DeHart.  “Westinghouse’s cooperation is vital to our ongoing efforts to hold accountable the individuals most responsible for this debacle.  More than $21 million in new low-income ratepayer relief is a strong sign of our commitment to assist those most affected.”

This agreement is the latest development in the ongoing multi-year joint investigation by the U.S. Attorney’s Office, the Federal Bureau of Investigation, the U.S. Securities and Exchange Commission, the South Carolina Attorney General’s Office, and the South Carolina Law Enforcement Division. 

Assistant United States Attorneys Winston Holliday, Brook Andrews, Emily Limehouse, and Jason Peavy are prosecuting the case, along with Special Assistant United States Attorney John O’Halloran.

The South Carolina Attorney General’s Office and Westinghouse have reached a similar cooperation agreement.  South Carolina Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy S. Creighton Waters, and Assistant Attorney David Fernandez have been representing the State of South Carolina.

 

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Columbia, South Carolina---- Following the decision by the United States Court of Appeals to uphold the conviction of Dylan Roof – the United States Attorney’s Office for the District of South Carolina issued the following statement, attributed to Criminal Chief Nathan Williams, who served as one of the lead prosecutors on the case:

“The Mother Emmanuel AME Church massacre committed by the hate-filled murderer Dylan Roof is one of the worst events in not only South Carolina’s history but also our nation’s history,” said Assistant U.S. Attorney and Criminal Chief Nathan Williams.  “Our office is grateful for the decision of the court, a decision that ensures, as the Court stated, that ‘the harshest penalty a just society can impose’ is indeed imposed.  Moreover, our office is grateful that justice will be served for the victims, survivors and their families.”

The Court of Appeals decision read in part:

“Dylann Roof murdered African Americans at their church, during their Bible-study and worship. They had welcomed him. He slaughtered them. He did so with the express intent of terrorizing not just his immediate victims at the historically important Mother Emanuel Church, but as many similar people as would hear of the mass murder. He used the internet to plan his attack and, using his crimes as a catalyst, intended to foment racial division and strife across America. He wanted the widest possible publicity for his atrocities, and, to that end, he purposefully left one person alive in the church “to tell the story.” (J.A. at 5017.) When apprehended, he frankly confessed, with barely a hint of remorse.

No cold record or careful parsing of statutes and precedents can capture the full horror of what Roof did. His crimes qualify him for the harshest penalty that a just society can impose. We have reached that conclusion not as a product of emotion but through a thorough analytical process, which we have endeavored to detail here. In this, we have followed the example of the trial judge, who managed this difficult case with skill and compassion for all concerned, including Roof himself. For the reasons given, we will affirm.”

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Charleston, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Orlando Shalrocko King, 32, of North Charleston, was sentenced to 24 months in federal prison after pleading guilty to unlawful travel to incite destructive riots in downtown Charleston on May 30, 2020, as well as a possession of a firearm by a prohibited felon.

“Last summer’s riots were a dark day in Charleston’s history,” said Acting U.S. Attorney DeHart.  “Prison time is appropriate in this case and sends a message that this behavior will not be tolerated in South Carolina.”

Information presented to the court established that, during a large riot following the death of George Floyd, numerous suspects including King forced entry into the College Market store in downtown Charleston.  The looters stole approximately $80,000 in store merchandise and shattered the store windows.

King filmed, narrated, and livestreamed the looting on his Facebook page.  At one point of the video, King yelled, “We’re in the corner store! Stealing sh*t!”  In another part of the video, King announced that he was searching the store for Angry Orchard.  The video showed that, after stealing a 6-pack of Angry Orchard hard cider, King left the store and stated, “We just broke into the corner store and I got my Angry Orchard, ya’ll know I love my sh*t.”

Evidence presented to the court further showed that, just after midnight on April 25, 2020, North Charleston Police officers were attempting to locate a firearm that was discarded during a vehicle pursuit.  While officers were canvassing the area of Read Street for the gun, they were advised of a disturbance that possibly involved a firearm.  During the investigation of the disturbance, officers encountered King, whom they recognized from a Facebook live video he posted showing him firing a gun outside a driver’s side car window.

King continually frequented the area on several occasions, while the officers were attempting to locate the missing firearm.  When officers contacted King, he became uncooperative and attempted to get away.  Officers noticed an item in King’s jacket pocket that appeared to be the shape of a grip of a handgun.  King was then placed in handcuffs, and a Sig Sauer 9mm caliber pistol with an extended magazine with 27 rounds of ammunition was recovered.

A National Crime Information Center (NCIC) inquiry revealed that the recovered gun was reported stolen.  Further, it was discovered that the defendant was prohibited from possessing a gun due to a 2008-Armed Robbery conviction.

United States District Judge Richard M. Gergel sentenced King to 24 months imprisonment to be followed by 36 months of supervised release.  There is no parole in the federal system.

King is the fourth of six defendants to be sentenced on federal charges stemming from participation of actions including arson, inciting riots, and other civil disorder in Columbia and Charleston on May 30 and 31, 2020.

The case was investigated by the FBI, ATF, Charleston Police Department, North Charleston Police Department, and South Carolina Law Enforcement Division (SLED).  Numerous other local police departments and Solicitors’ Offices across the states have also assisted in the investigations of civil unrest in May 2020. 

Assistant United States Attorneys Emily Limehouse and Nathan Williams prosecuted the case.

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Columbia, South Carolina --- Acting United States Attorney for the District of South Carolina M. Rhett DeHart announced today that a Federal Grand Jury has charged former Westinghouse Electric Company Senior Vice President Jeffrey A. Benjamin for his role in failing to truthfully report information regarding construction of new nuclear units at the V.C. Summer nuclear plant.

Benjamin, who served as Senior Vice President for New Plants and Major Projects and directly supervised all new nuclear projects worldwide for Westinghouse during the V.C. Summer project, is charged in a federal indictment with sixteen felony counts including conspiracy, wire fraud, securities fraud, and causing a publicly-traded company to keep a false record.  

The charges Benjamin faces carry a maximum of twenty years imprisonment and a $5,000,000 fine. 

The indictment alleges that Benjamin was personally involved in communications between Westinghouse and its owners, SCANA and Santee Cooper, regarding the status of the V.C. Summer project.  

The indictment further alleges that, throughout 2016 and into 2017, when Westinghouse had direct control over the construction and schedule of the project, Benjamin received information that the V.C. Summer units were materially behind schedule and over budget.  Nevertheless, at various times from September 2016 through March 2017, the indictment alleges that Benjamin assured the owners that the units would be completed on schedule and took active steps to conceal from the owners damaging information about the project schedule.  During this time period, the owners paid Westinghouse over $600,000,000 to construct the two V.C. Summer units, both of which were ultimately abandoned.

“Our commitment to investigate and prosecute the V.C. Summer nuclear debacle has never wavered,” said Acting U.S. Attorney DeHart.  “While the indictment – and the allegations contained within – speak for itself, it is further proof of our commitment to seek justice for South Carolina ratepayers and all others affected by the V.C. Summer project failure.”

“This indictment with its attendant allegations and charges is another step toward justice for all those responsible for the V.C. Summer nuclear plant fiasco,” said FBI Special Agent in Charge Susan Ferensic.  “The FBI has devoted substantial resources to investigating this matter and will continue to work with the United States Attorney’s Office, the South Carolina State Law Enforcement Division, and the South Carolina Attorney General’s Office to find facts and prove criminal conduct.”

Benjamin is the fourth individual to be charged in the ongoing federal investigation, stemming from the exhaustive and multi-year joint investigation by the U.S. Attorney’s Office, the Federal Bureau of Investigations (FBI), the U.S. Securities and Exchange Commission (SEC), the South Carolina Attorney General’s Office, and the South Carolina Law Enforcement Division. Former SCANA Chief Executive Officer Kevin Marsh, former SCANA Executive Vice President Stephen Byrne, and former Westinghouse Vice President Carl Churchman have all pleaded guilty to federal felony charges for their roles in the matter.

Assistant United States Attorneys Winston Holliday, Brook Andrews, Emily Limehouse, and Jason Peavy along with Special Assistant United States Attorney John O'Halloran, a lawyer with the Securities and Exchange Commission, are prosecuting the case.

Acting U.S. Attorney DeHart stated that all charges against the defendant are merely accusations and that the defendant is presumed innocent until and unless proven guilty.

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Greenville, South Carolina --- Acting United States Attorney M. Rhett Dehart announced today that, on Thursday, August 12, 2021, a joint team of 130 federal, state, and local law enforcement officers simultaneously executed 20 federal search warrants and arrested 12 individuals charged in a 34-count federal indictment for their roles in a drug trafficking organization that operated primarily out of Anderson County.

During the operation, presumed to be the largest operation of its kind ever in Anderson County, agents located approximately 15 kilograms of cocaine, with a street value of approximately $500,000; 5 ounces of heroin; 18 pounds of marijuana; 10 guns; hundreds of rounds of ammunition; $245,000 in cash; and 3 cars.

“Organized crime – particularly that involving drug and guns – presents our communities with serious challenges,” said Acting U.S. Attorney DeHart.  “Fortunately, our office, along with our federal, state, and local law enforcement partners, does not rest in our efforts to dismantle such organizations and bring them to justice.  While the charges in this case speak for themselves, our commitment to stopping violent drug gangs will never waver.”

“Citizens of Anderson County should feel safer knowing that these alleged poly-drug traffickers have been removed from their community,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy.  “These defendants have been charged with distributing a variety of illegal drugs, and while doing so, protecting their ill-gotten gain with weapons.  This investigation was a success because DEA and its law enforcement partners presented a united front to protect and serve the communities in which we live.”

“Public safety strategies and successes start with collaboration among our law enforcement agencies,” stated ATF Special Agent in Charge Vince Pallozzi.  “Removing violent criminals from the community, disrupting major drug trades, and retrieving numerous firearms from very dangerous individuals are proven ways to have a major impact on bringing back safety and security to neighborhoods.”

“The commitment shown by our Detectives and Deputies assigned to our Special Investigations Division, working in concert with our Federal, State and local partners speaks volumes,” said Anderson County Sheriff Chad McBride. “The entire Division poured effort into this investigation for an extended period of time. That effort, along with our strong commitment to the DEA Greenville Resident Office’s HIDTA Task Force, resulted in the successful seizure of a large quantity of illegal drugs and firearms that were bound for the streets of Anderson County.  We take pride in the results of this investigation.”

“Our employees have worked countless hours on this case, including nights and weekends and spending time away from their families,” said City of Anderson Police Chief James Stewart.  “This case has made a difference in our community, and getting these dangerous drugs off the street will make a major impact.  We appreciate the partnership on the task force and cooperation that we have with the DEA office.”

The 34-count indictment charges the defendants with various drug trafficking and firearms-related offenses that include: drug trafficking conspiracy; possession with intent to distribute cocaine, crack cocaine, and marijuana; distribution of methamphetamine, cocaine, and crack cocaine; maintaining a stash house; felon in possession of firearm and ammunition; and possession of firearms in furtherance of drug trafficking.

The following defendants are in custody:

• Dillinger Maston Bolden, a/k/a “Nuke,” 40, of Anderson

• Roosevelt Lavar Cousar, 44, of Anderson

• Terrance Antonio Martin, a/k/a “Buck,” 34, of Anderson

• Kadarrius Ahmad Brownlee, a/k/a “Quan,” 23, of Anderson

• Daiquon Jermaine Smith, 26, of Spartanburg

• Desmond Laquan Muller, 32, of Columbia

• Terrance Jarel Goss, 32 of Anderson

• Darius Tyvone Sadler, 29, of Anderson

• Christopher Reese Bell, 36, of Anderson

• Renardo Lakeith Reed, 38, of Anderson

• Montez Obrien Hatten, 32,  of Anderson

• Elysia Nicole Scott, 32, of Anderson

• Tyrone Terrell Dubose, 51, of Anderson (charged in a separate, but related criminal complaint).

Three other individuals were arrested on various state charges.

Agents with the Greenville Resident Office of the Drug Enforcement Administration (DEA) led the investigation with the support and significant participation from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Anderson County Sheriff’s Office, the City of Anderson Police Department, the United States Marshals Service, the South Carolina Law Enforcement Division (SLED), the South Carolina Department of Probation, Parole and Pardon Services, the 10th Circuit Solicitor’s Office, the Oconee County Sheriff’s Office, and the Abbeville County Sheriff’s Office.

This investigation is an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Assistant United States Attorneys Sloan P. Ellis and Brandi B. Hinton are prosecuting the case.

Acting U.S. Attorney DeHart stated that all charges against these defendants are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart, announced today that Johnny Thomas, 34, of Durham, NC, and Becca Mills, 25, of Whispering Pines, NC, have been charged in a criminal complaint for their roles in alleged child sex trafficking and coercion and enticement of minors in the Myrtle Beach area of South Carolina.

According to Court records, Thomas and Mills posted commercial sex ads for minors and took the minors to locations in Fayetteville, NC, and Myrtle Beach, where the minors engaged in commercial sexual encounters with other individuals. Mills also participated in many of the sexual encounters, and Thomas engaged in sexual acts with one of the minors on at least two occasions in Fayetteville, NC, and Myrtle Beach.

Court records also reflect that Mills told one of the minors that if the minor did what she was told, Thomas would not hurt her. According to the complaint, Thomas told one of the minors numerous times that if she did not perform commercial sex acts, he would sell her to someone worse who would chain her up to a bed, shoot her full of heroin, and do bad things to her such as slice off her toes and body parts. 

Both Defendants face a maximum penalty of life. 

The case is being investigated by Homeland Security Investigations (HSI), the Rockingham Police Department, and the Myrtle Beach Police Department.  Assistant United States Attorneys Derek A. Shoemake and Lauren Hummel and Special Assistant United States Attorney Scott Hixson are prosecuting the case. The case was originally prosecuted by the Solicitor’s Office for the Fifteenth Judicial Circuit, and will be federally prosecuted as part of a collaborative effort by federal and state partners in the Myrtle Beach area to combat sex trafficking and child exploitation.

The case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information, please visit www.projectsafechildhood.gov.

Acting United States Attorney DeHart stated that all charges in criminal complaints are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

If you or someone you know may have information relevant to this investigation, please call the HSI Tipline at 1-866-347-3423.

 

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced that Eric Jahann Nixon, 39, of Columbia, was sentenced to 10 years in federal prison on firearm and drug charges, after having been convicted following a three-day trial in April.  Nixon was convicted on being a felon in possession of a firearm and ammunition, as well as possession of crack cocaine.

Evidence presented in court showed that at approximately 7pm on Friday, October 16, 2020, Columbia Police Department officers responded to Wash City Laundromat off Broad River Road after receiving a number of 911 calls about a man brandishing a firearm and assaulting a 65-year-old female attendant at the laundromat.

At the scene, officers were approached by witnesses who provided a detailed description of the man and also provided officers with a cellphone video taken of him during the incident.  A screenshot of the man from that cellphone video was distributed to other officers who were canvassing the area in search of him.  A short time later, an officer encountered the man, identified as Eric Jahann Nixon, walking nearby and placed him in investigative detention.  During a lawful pat-down search of Nixon, officers recovered a loaded Hi-Point .380 caliber handgun in the man’s waistband of his shorts.  A further search revealed a pill bottle containing a baggie of 3 grams of crack cocaine and a razor blade.

Surveillance video from the Laundromat confirmed that Nixon was the man who pulled a handgun from his waistband and assaulted the laundromat attendant, as well as pointed the firearm at others in the parking lot.

Nixon is a felon and prohibited from possessing firearms and ammunition under federal law based upon prior state and federal convictions. Nixon’s prior adult convictions include: possession of a stolen motor vehicle (1998 in Lexington County), conspiracy to commit money laundering (2005 federal conviction in Columbia), assault and battery of a high and aggravated nature (2005 in Lexington County), throwing bodily fluid on correctional officer (2005 in Lexington County), indecent exposure to adult while in the Federal Bureau of Prisons in West Virginia (2010 federal conviction), forgery (2013 in Lexington County), distribution of crack cocaine near a school (2016 in Richland County), driving under the influence, (2016 in Calhoun County), and unlawful carrying of a pistol, stemming from a shooting outside of a Waffle House (2018 in Richland County). 

During the sentencing hearing, in addition to hearing a summary of Nixon’s prior criminal history since age 12, the court was presented evidence showing that, since being in custody on these charges, Nixon had accumulated dozens of disciplinary violations within the local detention center, including possessing a handmade weapon and threatening correctional officers.  On one occasion, Nixon told a female correctional officer, “Bitch, when you write me up, I’m going to know your whole name. I will shoot your head off, blow your brains out. I will have your whole family dead by tonight, you better ask about me. Bitch, I’m important.” On another occasion, Nixon told a correctional officer that he has beat all his cases and that he will beat this one and google her to blow her head off and kill her kids.  The court was also presented evidence outlining the numerous disciplinary violations Nixon accumulated while in federal prison on an earlier federal conviction.

Senior United States District Judge Cameron McGowan Currie sentenced Nixon to the maximum of 120 months imprisonment on the firearm charge and the maximum of 24 months on the possession of crack cocaine charge, with those sentences to be served concurrently with one another.  Once Nixon is released from prison, he will be on federal supervised release for 3 years.  There is no parole in the federal system.  In pronouncing the sentence, the Court noted that Nixon had a “significant criminal history” and his conduct has been “out of control and inappropriate” in prison, the local detention center, and in the courtroom.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Columbia Police Department.

The case was prosecuted by Assistant United States Attorney Stacey D. Haynes, as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. 

PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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Charleston, South Carolina --- Acting United States Attorney M. Rhett DeHart stated today that a Federal Grand Jury has returned a 21-count indictment charging Star Barkley, 39, of Ladson, and Audrina Lincoln, 30, of Charleston, for wire fraud and conspiracy to commit wire fraud.

The indictment alleges that, from at least September 2017 through June 2019, while employees at the Days Inn hotel on Meeting Street in downtown Charleston, Barkley and Lincoln conspired to devise a scheme to defraud and obtain money by means of false and fraudulent pretenses.  Namely, the indictment alleges that Barkley and Lincoln would re-open guests accounts that were checked out and with zero balances, typically one to four months after the stay, and adjust various revenues posted to the account during the stay.  These revenue adjustments would result in a credit balance on the account.  To check-out and close the account, the remaining credit balance would have to be issued to some method of payment.

The indictment further alleges that Barkley and Lincoln would refund the credit balances to debit cards and bank accounts they controlled as well as debit cards and bank accounts of other parties who would transfer money back to the defendants.  Additionally, the indictment alleges that Barkley and Lincoln would provide false guest satisfaction complaints and other false representations in the hotel electronic database to justify the revenue adjustments.

It is alleged in the indictment that, at a minimum, $153,000 was unlawfully obtained in the scheme.

Barkley and Lincoln face up to 20 years of imprisonment on the charges.

The case is being investigated by the United States Secret Service and the City of Charleston Police Department.  Assistant United States Attorney Allessandra E. Stewart is prosecuting the case.

Acting United States Attorney DeHart stated that all charges in indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Columbia, South Carolina---- Acting United States Attorney M. Rhett DeHart announced today that Richard Gilbert, a Federal Bureau of Prisons (BOP) inmate, has been sentenced to more than 21 years in federal prison for a murder-for-hire and retaliation plot against an Assistant United States Attorney and a confidential informant.

Evidence presented in the court showed that Gilbert was serving time at a federal prison in Edgefield for trafficking methamphetamine in Bowling Green, Kentucky, when he sought to hire a hitman to kill the federal prosecutor and a key witness from his Kentucky case.  Using a contraband cell phone in prison, Gilbert communicated with an undercover task force officer with the Federal Bureau of Investigation (FBI) who was posing as a hitman.  Following multiple recorded phone calls, Gilbert sent the undercover officer a $2,000 check from his prison canteen account as a down payment for the retaliatory murder-for-hire.  Masking the true purpose of this payment, Gilbert attempted to mislead BOP officials by misrepresenting the payment as being for an “investment firm.”

Evidence presented also showed that Gilbert drew maps of where he believed the witness from Kentucky lived and provided directions to the undercover officer, posing as the hitman, on how to avoid detection by nearby surveillance cameras.  The evidence also showed how Gilbert planned to use income from two of his rental properties to facilitate the attempted murder-for-hire and retaliation plot.  He also planned to use the value of his ownership stake in other land to pay for the murder of the federal prosecutor from Kentucky. 

United States District Judge Henry M. Herlong, Jr. sentenced Gilbert to serve 262 months in federal prison, consecutive to the 130-month sentence for which he was already in federal prison, to be followed by 60 months of supervised release.  There is no parole in the federal system.     

The case was investigated by the FBI and the BOP Special Investigative Services Team and prosecuted by Assistant United States Attorneys Justin Holloway and Will Jordan.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart, announced today that Kevin Shacqile Roney, a/k/a “Kevo,” a/k/a “Valentine Roney,” 26, of Columbia, pleaded guilty in federal court to being a felon in possession of a firearm and ammunition.

Evidence presented to the court showed that at approximately 1:15am on August 18, 2019, officers in the Five Points area of Columbia, observed an individual, later identified as Roney, stash something underneath bushes adjacent to a parking lot. Officers discovered that the item was a loaded 9mm handgun. Therefore, officers set up surveillance and arrested Roney when he returned to retrieve the firearm an hour later.  Roney, a gang member, admitted to placing the firearm underneath the bushes.

Roney is prohibited from possessing firearms and ammunition based upon his prior felony convictions.  Roney has prior state convictions for unlawful carrying of a weapon, burglary 3rd degree, and assault and battery 2nd degree.

Roney faces of maximum penalty of 10 years in federal prison and a fine of $250,000.  United States District Judge Mary Geiger Lewis accepted the guilty plea and will sentence Roney after receiving and reviewing a sentencing report prepared by the United States Probation Office.

The charges against Roney were the result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Columbia Police Department, as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. 

Assistant United States Attorney Stacey D. Haynes is prosecuting the case.

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Florence, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Chazoid Cenetell Rogers, 42, and Oyarmma Robinson, 42, both of Hartsville, were sentenced to more than twelve years in federal prison, after pleading guilty to their roles in possessing with the intent to distribute and distributing methamphetamine.

Evidence presented to the Court showed that, in the Spring and Summer of 2019, law enforcement conducted a series of controlled buys of methamphetamine from Rogers and/or Robinson.  Rogers participated in five sales of methamphetamine over a three-month period, for a total of 209 grams of methamphetamine.  Robinson participated in two sales of methamphetamine in one month, for a total of 111 grams of methamphetamine.

United States District Judge Sherri A. Lydon sentenced Rogers and Robinson to 150 months in federal prison, to be followed by a five-year term of court-ordered supervision.  There is no parole in the federal system.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA), the Chesterfield County Sheriff’s Office, the Darlington County Sheriff’s Office, and the Hartsville Police Department.

Assistant United States Attorney Katherine Flynn prosecuted the case.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Raekwon Cortez Ford, 24, of Columbia, pleaded guilty in federal court to being a felon in possession of a firearm and ammunition.

Evidence presented to the court showed that, in late November 2019, several automobiles were broken into and various items stolen, including an iPhone. One of the victims of the break-ins was able to track their iPhone to a residence in Columbia and notified the Columbia Police Department.  Officers responded to the residence and found a number of individuals in the yard, including Ford.  Ford, a gang member, was placed under arrest on outstanding warrants and was found to be in possession of the stolen iPhone. 

Officers then obtained a search warrant for Ford’s residence, which they executed on December 4, 2019.  Within the residence, officers located Ford, who had been released on state bond from the earlier arrest, and found a loaded Ruger .45 caliber handgun concealed in an air vent in Ford’s bedroom.  An analysis showed Ford’s DNA on the firearm and that the firearm had been reported stolen from an earlier auto break-in in Columbia in December 2018.  A ballistics analysis through the National Integrated Ballistic Information Network (NIBIN) revealed that the firearm had been used in four separate shooting incidents in Richland and Lexington Counties from June through August 2019.

NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. More information on NIBIN can be found at: https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

Ford is prohibited from possessing firearms and ammunition based upon his prior felony convictions.  Ford has prior state convictions for unlawful carrying of a weapon, possession of a stolen weapon, breach of peace of an aggravated nature, and breach of trust.  

Ford faces a maximum penalty of 10 years in federal prison and a fine of $250,000.  United States District Judge J. Michelle Childs accepted the guilty plea and will sentence him after receiving and reviewing a sentencing report prepared by the United States Probation Office.

The charges against Ford were the result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Columbia Police Department, as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. 

Assistant United States Attorney Stacey D. Haynes of the Columbia office is prosecuting the case.

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Columbia, South Carolina ---- Acting United States Attorney M. Rhett DeHart announced that Leonard Earl Mitchell, 30, of Columbia, has entered a guilty plea in federal court to being a felon in possession of ammunition.  United States District Judge Mary Geiger Lewis accepted the guilty plea and will impose sentence after she has reviewed the presentence report prepared by the U.S. Probation Office.

Evidence presented in court established that, on May 23, 2020, after receiving reports of shots fired on Two Notch Road, officers from the City of Columbia Police Department located nine 9mm spent shell casings in a business’ parking lot.   While reviewing the surveillance footage, the officers saw that an unknown person discharged two rounds in the direction of Mitchell, as he was exiting the business.  Realizing that he was being shot at, Mitchell sought cover near a car in the parking lot, then retrieved a 9mm firearm off his person and discharged 10 rounds at a car traveling northbound on Two Notch Road.  After the shooting incident, Mitchell fled from the parking lot. 

A City of Columbia police officer was able to identify Mitchell as the person involved in the shooting from a prior encounter with him, as well as from Mitchell’s distinctive facial tattoos. 

On June 4, 2020, Mitchell was arrested in his home on other warrants.  At the time of his arrest, he had a 9mm pistol on his person that ballistically matched the 9 shell casings found in the business parking lot.

Mitchell has previously been convicted of several felony offenses including Failure to Stop for Blue Lights and Siren, Assault and Battery of a High and Aggravated Nature, Assault and Battery 2nd Degree, Distribution of Marijuana, Assault and Battery, 1st Degree, Possession of Methamphetamine/Cocaine, and Carrying or Concealing Weapon by Inmates.  As such, Mitchell is prohibited from possessing a firearm and/or ammunition.

The maximum penalty for a felon in possession of ammunition is imprisonment for 10 years and/or a fine of $250,000.

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Columbia Police Department.  Assistant United States Attorney William K. Witherspoon is prosecuting the case, as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases.

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Columbia, South Carolina ---- Acting United States Attorney M. Rhett DeHart stated that Kenneth Bryant Evans, a/k/a “Country,” 38, of Aiken County, was sentenced to 20 years in federal prison for conspiracy to possess with the intent to distribute methamphetamine and heroin.

Evidence presented at his change of plea hearing and sentencing established that the Drug Enforcement Administration and the Aiken County Sheriff’s Department initiated an investigation into the narcotics distribution activities of Evans and Eddie Brockington, both state prison inmates.  Evans is an inmate in the South Carolina Department of Corrections after pleading guilty to trafficking methamphetamine in 2016 and receiving a 16-year sentence.  Brockington is an inmate in the Georgia Department of Corrections who has plead guilty and is awaiting sentencing. 

Through controlled purchases and other investigative techniques, agents learned that Evans and Brockington used contraband cellphones, Facebook Messenger and other social media postings to have their co-defendants purchase, transport, and distribute large amounts of methamphetamine and/or heroin.  Evans was responsible for distributing more than 97 kilograms of methamphetamine and 3.5 kilograms of heroin throughout South Carolina while incarcerated in SCDC.  The drugs were primarily sourced from Atlanta and were transported into South Carolina by various members of his organization and then sold to customers.

United States District Judge J. Michelle Childs, who had accepted Evans’ guilty plea, imposed a sentence of 240 months incarceration, to be followed by 10 years of supervised release, and a special assessment of $100.  Evans will begin serving his federal sentence after he is released from the South Carolina Department of Corrections in February 2030.

The case was investigated by agents of the Drug Enforcement Administration and Aiken County Sheriff's Office.  Assistant United States Attorney William K. Witherspoon prosecuted the case.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Rondedrick Robinson, 26, of Decatur, Georgia, was sentenced to more than five years in federal prison, after pleading guilty to possessing with intent to distribute methamphetamine.   

Evidence presented to the Court showed that, on February 25, 2020, officers from the Aiken County Sheriff’s Office made a traffic stop on a vehicle driven by Robinson.  In a subsequent search of the vehicle, law enforcement located nearly 10 kilograms of methamphetamine.  Further investigation revealed Robinson had been paid to deliver the narcotics from the Atlanta area to South Carolina. 

Senior United States District Judge Joseph F. Anderson, Jr. sentenced Robinson to 70 months in federal prison, to be followed by a three-year term of court-ordered supervision.  There is no parole in the federal system.

The case was investigated by the Aiken County Sheriff’s Office and the Drug Enforcement Administration (DEA).

Assistant United States Attorney Katherine Flynn prosecuted the case.

 

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that two Columbia men were sentenced to federal prison after pleading guilty to aiding and abetting the possession with intent to distribute and distribution of cocaine base.  Jamil Shamond Brennan, 26, of Columbia, was sentenced to more than 9 years in prison.  Tevin Brosia, 27, of Columbia, was sentenced to more than 11 years in prison.

Evidence presented to the Court showed that Brennan and Brosia helped facilitate the sale of cocaine base, commonly known as crack cocaine, to an undercover law enforcement officer who was posing as a drug buyer.  On February 25, 2020, the undercover officer made a controlled purchase of 25.7 grams of crack cocaine outside a residence in Columbia.  Brennan supplied the crack cocaine sold; Brosia was the middleman for the sale. 

Senior United States District Judge Cameron McGowan Currie sentenced Brennan to 110 months in federal prison and sentenced Brosia to 140 months in federal prison.  Both Brosia and Brennan’s prison terms will be followed by a six-year term of court-ordered supervision.  There is no parole in the federal system.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Richland County Sheriff’s Department, and the Columbia Police Department. 

Assistant United States Attorney Katherine Flynn prosecuted the case.

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Myrtle Beach, South Carolina --- Acting United States Attorney M. Rhett Dehart announced today that a joint team of dozens of federal, state, and local law enforcement officers, led by the Drug Enforcement Administration (DEA), arrested six individuals who have been charged in federal court for their roles in an interstate drug trafficking organization that operated out of Myrtle Beach, Conway, Florence, and New York City.

This is the second round of indictments in Operation New Optix, which began with the related indictment of 26 alleged drug traffickers in December 2020.  Of the 35 defendants currently indicted, four remain at large and 22 have already pled guilty.  This multi-year operation specifically targeted members of this drug trafficking organization based on their interstate importation of large quantities of cocaine and crack cocaine into South Carolina from the New York area, and their use of firearms in furtherance of their drug trafficking crimes.  During this week’s arrests, agents seized approximately $272,546 in suspected drug proceeds, five vehicles, 11 firearms, more than 4.5 kilograms of suspected cocaine, more than 450 grams of suspected crack cocaine, and additional amounts of suspected fentanyl, heroin, marijuana, and other drugs. 

The following defendants were arrested this week:

• Jovan Steven GRAVES, a/k/a “Pablo,” 34, of Brooklyn, New York, is charged with conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine.  This charge carries a potential penalty of 10 years to Life imprisonment. 

 

• Sean Lewis ADAMS, a/k/a “Lou,” 39, of Longs, is charged with conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine.  This charge carries a potential penalty of 10 years to Life imprisonment.

 

• Arthur Lee BUSBEE, JR., a/k/a “Bubba Jaws,” 39, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment.

 

• Deondray Azell AZELL STANFIELD, a/k/a “Rich Black,” 43, of Myrtle Beach, is charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Brodus Bernard GREGG, 68, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Dayvon Chadmar BEASE, a/k/a “T-Nochi,” 37, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

The following defendants who were charged in the first round of this investigation have pled guilty: 

 

• Shackeel COLEMAN, 29, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine.  This charge carries a potential penalty of 10 years to Life imprisonment. 

 

• Harry BELLAMY, 41, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine, 28 grams of cocaine base, and a quantity of marijuana.  This charge carries a potential penalty of 10 years to Life imprisonment. 

 

• Steven JEFFCOAT, 30, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine and 28 grams of cocaine base.  This charge carries a potential penalty of 10 years to Life imprisonment. 

 

• Lenard HEMINGWAY, 53, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Yenitza COLEMAN, 27, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Jasamine MITCHELL, 32, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Bradley ADAMS, 26, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Timothy MCCRAY, 31, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of cocaine base and a quantity of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment

 

• Brandon PRAWL, 35, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine and 28 grams of more of cocaine base.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Henry BOYD, 39, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base and a quantity of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Timothy LEE, 27, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Jacqueline STRICKLAND, 59, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Venson STRICKLAND, 29, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base and a quantity of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• James GRAHAM, 30, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine.  This charge carries a potential penalty of up to 20 years imprisonment. 

 

• Alonzo Lee PIERCE, 37, of Galivants Ferry, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base and a quantity of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Gary JACKSON, 30, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Alton BROWN, 41, of Florence, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine and a quantity of cocaine base.  This charge carries a potential penalty of up to 20 years imprisonment. 

 

• Joshua DARBY, 32, of Murrells Inlet, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine and a quantity of cocaine base.  This charge carries a potential penalty of up to 20 years imprisonment. 

 

• Travis ROGERS, 40, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base.  This charge carries a potential penalty of 5 to 40 years imprisonment. 

 

• Kevin LINNEN, 33, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine.  This charge carries a potential penalty of up to 20 years imprisonment. 

 

• Mario WILLIAMS, 41, of Florence, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine and a quantity of marijuana.  This charge carries a potential penalty of up to 20 years imprisonment. 

 

• Robert HOOKER, 40, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine.  This charge carries a potential penalty of up to 20 years imprisonment. 

 

The following defendants from the first round are in custody pending trial or plea:

 

• Quentin SMITH, 29, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base.  This charge carries a potential penalty of 5 to 40 years imprisonment.  He is also charged with possession of a firearm in furtherance of a drug trafficking crime which carries a potential penalty of 5 years consecutive to any other penalty imposed.

 

• Kimo FELTON, 41, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine.  This charge carries a potential penalty of 10 years to Life imprisonment.

 

• Curtis MCARTHUR, 35, of Longs, is charged with conspiracy to possess with intent to distribute and distribute a quantity of cocaine.  This charge carries a potential penalty of up to 20 years imprisonment. 

 

Operation New Optix is the latest in a series of joint federal/state investigations targeting violent crime in Myrtle Beach and Horry County.  In 2017, Operation Silver Sunset targeted 29 associates of the Billy Bloods street gang, a subset of the United Blood Nation.  In 2018, Operation Rise and Shine targeted 33 associates of G-Shine/SMG, another subset of the Bloods.  In 2020, Operation Broken Branch targeted 31 members of a drug trafficking organization in the Cedar Branch area of Horry County.  The recent arrests mark the latest, but not the last, joint investigation targeting violent crime in this area. 

Agents with the DEA’s Florence Resident Office led the investigation, with significant participation from the Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF), United States Marshal Service, Myrtle Beach Police Department, Horry County Police Department, North Myrtle Beach Police Department, Florence County Sheriff’s Office – Special Operations Group, Georgetown County Sheriff’s Office, 15th Circuit Drug Enforcement Unit, Conway Police Department, and Horry County Sherriff’s Office. 

“As this office has made clear time and again, violent criminals will find no safe harbor in South Carolina,” said Acting U.S. Attorney DeHart. “Because of the work of our federal, state, and local partners, we have obtained more than 100 convictions and been able to dismantle violent gangs across the Pee Dee Region.”

“These convicted notorious gang-related drug dealers distributed poison to the community and caused fear through means of violence and intimidation,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “Step by step, the government disrupted and dismantled this once-thriving criminal network. This case has been successful because of spirited level of cooperation between DEA and its law enforcement counterparts.”

“Thank you to everyone involved for preparing and prosecuting these cases,” said Myrtle Beach Police Chief Amy Prock. “Our community is safer because of their hard work and dedication.”

Assistant United States Attorney Everett McMillian, Lead Task Force Attorney for the Organized Crime Drug Enforcement Task Force (OCDETF), is prosecuting the case in coordination with the 15th Circuit Solicitor’s Office. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

All defendants who have not pled are presumed innocent until and unless proven guilty.

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Greenville, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that three South Carolinians have been sentenced by a federal judge after pleading guilty to bank fraud charges in schemes that defrauded the federal government’s Troubled Asset Relief Program (TARP).

Marvette Thompson Easterling, 54, of Gaffney; Keylon Wright, 40, of Simpsonville; and Joshua David Armato, 37, of Georgia; admitted that they knowingly defrauded a program established to help homeowners at risk of mortgage loan default and foreclosure of thousands of dollars.

U.S. District Judge Bruce Howe Hendricks ordered each defendant to a sentence of time served followed by five years of supervised release and the repayment of the stolen funds for the felony charges.

“Stealing from the federal government, particularly from programs that help the least fortunate in America, will not be tolerated,” said Acting U.S. Attorney DeHart.  “Our office appreciates the investigative work of the Special Inspector General for TARP (SIGTARP) and will continue to work with SIGTARP to protect American tax dollars.”

“With today’s sentencing, SIGTARP and the United States Attorney’s Office have brought justice for defendants who defraud and steal from the Hardest Hit Fund, a federal program that helps unemployed homeowners stay in their home,” said Special Inspector General Christy Goldsmith Romero.  “Easterling, Wright, and Armato separately lied to get thousands of federal dollars for mortgage assistance, concealing that they did not live in the house and concealing rental income.  Now they are convicted of fraud and must repay the stolen funds.”

Evidence presented in court showed that through false and fraudulent pretenses, representations, and promises, Easterling obtained funds from SC Housing, a federally funded mortgage payment assistance program that provided eligible homeowners with temporary mortgage assistance so that they could avoid foreclosure and stay in their homes.  Easterling concealed and failed to notify SC Housing of monthly rental income she received for the property as well as the non-owner-occupied status of the property in order to receive and use federal funds to which she was not eligible.

Additional evidence presented in court further showed that Wright executed a similar scheme for a property in Mauldin, while Armato executed a similar scheme for a property in Simpsonville.  Wright and Armato concealed and failed to notify SC Housing of the non-owner occupied statuses of their properties and the rental of the properties to unrelated third parties in order to receive and use federal funds to which they were not eligible.

The cases were investigated by Special Inspector General for TARP (SIGTARP), an independent law enforcement agency used to investigate fraud, waste, and abuse related to the TARP bailout.

Assistant United States Attorney Winston Marosek prosecuted the cases.

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Greenville, South Carolina---- Acting United States Attorney M. Rhett DeHart stated today that Lazarus Floyd, 44, of Taylors, has been sentenced to more than 22 years in federal prison, after pleading guilty to multiple drug trafficking and firearm-related offenses.

Evidence presented in court showed that, on January 29, 2019, while executing a search warrant at Floyd’s residence in Woodruff, law enforcement officers found 2,579 grams of methamphetamine, 1,197 grams of heroin, 1,600 grams of marijuana, and $15,255 in cash.  Additionally, officers discovered numerous items of drug trafficking paraphernalia including a pill press, digital scales, cutting agents, and packaging material, as well as 12 pistols, seven rifles, and two shotguns.

Evidence presented in court also showed that Floyd attempted to hire a hitman to kill a witness and that witness’s attorney because the witness was thought to be cooperating with law enforcement.  That plot was uncovered; and, through the quick action of the FBI, DEA, United States Marshals Service, and their local law enforcement partners, no one was harmed.

“More often than not, drug trafficking, guns and violence are intertwined,” said Acting U.S. Attorney DeHart.  “This sentence highlights our office’s commitment to ensuring our community is protected from violent criminals and the powerful work of our local, state, and federal law enforcement agencies that not only thwarted a murder plot but also helped to ensure justice was served.”

"Today's sentence is a major step in making South Carolina safe," said FBI Special Agent in Charge Susan Ferensic.  "A major drug trafficker, who possessed a large number of firearms to support his enterprise, also threatened our criminal justice system itself by plotting to kill a witness and legal counsel.  To keep our communities safe, witnesses need to know they can report critical information to law enforcement and they will be protected.  This investigation and sentence demonstrates the FBI's commitment to that principle."  

United States District Judge Timothy M. Cain sentenced Floyd to 270 months imprisonment to be followed by 120 months of supervised release.  There is no parole in the federal system.

The case was investigated by the Federal Bureau of Investigations, the Drug Enforcement Administration, the South Carolina Law Enforcement Division and the Spartanburg County Sheriff’s Office.

Assistant United States Attorneys Sloan P. Ellis and Brandi B. Hinton prosecuted the case.

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that four individuals have been charged by a federal grand jury in a 13-count indictment for their respective roles in alleged child sex trafficking, production of child pornography, and coercion and enticement of a minor. The case involves activity spanning from Arizona to South Carolina, and victims from the Pee Dee and Midlands regions of South Carolina.

Specifically, Hart William Grow, 25, of Surprise, Arizona, has been charged with conspiracy to sexually traffic a minor, sexual trafficking of minor, conspiracy to produce child pornography and to coerce and entice a minor, four counts of production of child pornography involving two victims, four counts of coercion and enticement of a minor involving two victims, and possession of child pornography.

Theodore Woolings Bye, III, 36, of Myrtle Beach, has been charged with conspiracy to sexually traffic a minor, sexual trafficking of minor, conspiracy to produce child pornography and to coerce and entice a minor, two counts of production of child pornography, two counts of coercion and enticement of a minor, and possession of child pornography.

Sanadin Mohamed Elrayes, 28, of Surfside Beach, and Charles Joseph Spillane, 44, of Myrtle Beach, have both been charged with conspiracy to produce child pornography and to coerce and entice a minor.

The indictment alleges that, since at least April 2020, Grow and Bye conspired to recruit, entice, harbor, transport, provide, obtain, maintain, patronize, and solicit a minor victim in South Carolina to engage in a commercial sex act.

The record in the case alleges that Grow, from his home in Arizona and through the internet, misrepresented to various minors across the country that he was also a minor and was interested in a relationship.  In this case, Grow allegedly claimed to a minor victim that he was a 17-year-old female named “Hannah” living in Columbia, South Carolina.

Using this false persona and promising love and affection, Grow groomed the minor victim to fall in love with “Hannah.”  It was then, the indictment alleges, that Grow abused his position of trust with the minor victim to enter into a sexual dominant/submissive relationship, to hold absolute power and control over the victim, and to employ bondage/discipline, domination/submission, and sadism/masochism (“BDSM”) techniques.  Threatening the minor victim if the victim did not obey his BDSM rules, Grow required the victim to engage in often-violent sexual acts with adult men that the victim did not otherwise wish to engage with.

According to Court records, Grow used message boards and social media to make his minor victim available to adult males for sexual encounters in exchange for the men sending visual depictions of the sexual encounters to him.  Specifically, Grow required the adult males to produce, or assist in the production of, a visual depiction of the often-violent sexual acts.  One such male, according to the indictment, was Bye.

The indictment alleges that Bye, with the direction and logistical assistance of Grow, not only participated in the sexual acts with the victim but also made the victim available for sex on numerous occasions to other men.  According to the indictment, Bye would transport the victim to various locations in and around Myrtle Beach for commercial sex acts and would use internet message boards, social media, and text messages to make the victim available to other adult males for sexual encounters.  The minor victim’s availability for the sexual encounters was predicated on the agreement with the adult males to produce and send visual depictions of the acts to Grow.

The indictment further alleges that Elrayes and Spillane responded to Bye’s internet postings and, after communicating with Bye via social media and text messages, engaged in sexually explicit conduct with the minor for the purpose of producing a visual depiction of the acts.  According to the indictment, the visual depictions with Elrayes were created at a hotel in Surfside Beach, and the visual depictions with Spillane were created at his Myrtle Beach home.

The indictment also alleges that in early 2021, after Grow had trafficked the first minor victim, he began communicating with a second minor victim in South Carolina.  According to Court records, Grow coerced the second minor into producing visual depictions of sexually explicit conduct until shortly before his arrest in Arizona.

According to Court records, the defendants used social media applications, including Snapchat, Wattpad, and Kik to communicate with the victims and with each other.  Grow used screen names, including “hgliese” and “hanners,” and aliases, including “Terry” and “Hannah,” when allegedly communicating with his victims.

Grow and Bye face a maximum penalty of life, and Elrayes and Spillane face a maximum penalty of five years.  All defendants are currently detained.

“While this indictment speaks for itself, human trafficking and child exploitation are vile crimes, and this office will swiftly and aggressively prosecute those who prey upon minors,” said Acting U.S. Attorney DeHart.  “Our ability to address these cases hinges on the great work of our federal, state, and local partners.  We also ask parents to be vigilant and to pay attention to your children’s online and social media activity.  No demographic is immune from this type of crime, and no family with a computer or a phone is out of reach from these types of predators.”

“The victimization and exploitation of children is a major threat to our community and something we must all work to eradicate,” said Special Agent in Charge Special Agent in Charge Ronnie Martinez, who oversees Homeland Security Investigations (HSI) operations in North Carolina and South Carolina.  “HSI is committed to identifying and safeguarding victims of human trafficking and child exploitation and will aggressively pursue offenders and ensure justice is served.”

“Human trafficking and child exploitation is real, and it is happening in South Carolina,” said South Carolina State Law Enforcement Division (SLED) Chief Mark Keel.  “We have and will continue to work in collaboration with our local and federal partners to rescue those being victimized and bring justice to those who profit from the misery of others.”

The case is being investigated by Homeland Security Investigations (HSI), the South Carolina Law Enforcement Division (SLED), the Horry County Sheriff’s Office, and the Myrtle Beach Police Department.  Assistant United States Attorneys Derek A. Shoemake and Amy Bower are prosecuting the case.

The case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information, please visit www.projectsafechildhood.gov.

Acting United States Attorney DeHart stated that all charges in indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

If you or someone you know may have information relevant to this investigation, please call the HSI Tipline at 1-866-347-3423.

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Charleston, South Carolina---- Acting United States Attorney M. Rhett DeHart stated today that Zachary Scott Fasola, 33, of Mount Pleasant, was sentenced to more than ten years in federal prison for possession of child pornography, marking the second federal conviction and sentence for possession of child pornography for Fasola, with his first being in 2016.

Evidence presented in court showed that, on May 16, 2018, the South Carolina Attorney General's Office Internet Crimes Against Children (ICAC) section received a CyberTipline Report from the National Center for Missing and Exploited Children (NCMEC), which had been notified by Facebook of alleged criminal activity on their servers related to a particular email address.

On January 24, 2019, law enforcement executed a search warrant at the residence associated with the email address, which was Fasola’s residence.  At the residence, Fasola admitted to downloading child pornography from the internet.  Law enforcement seized multiple electronic devices, on which 24 videos and 140 images of child pornography were found, including depictions of prepubescent children engaged in sexual activity with adults.

United States District Judge Richard M. Gergel of Charleston sentenced Fasola to 121 months imprisonment and lifetime supervised release.  There is no parole in the federal system.  Judge Gergel also ordered Fasola to pay special assessments of $100 and $5,000.

The case was investigated by agents of the Federal Bureau of Investigation and the Charleston County Sheriff’s Office.  Assistant United States Attorney Dean H. Secor prosecuted the case.

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 United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.

 

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Charleston, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Kelsey Donnel Jackson, 28, of Edisto Island, was sentenced to 24 months in federal prison after pleading guilty to maliciously damaging a police vehicle by means of fire during violent and destructive riots in downtown Charleston on May 30, 2020.

Evidence presented in court showed that, while traveling to the protests, Jackson streamed a video of himself on Facebook live in which he held a handgun, racked the slide on the handgun, and pointed the handgun at the screen of his phone.  While holding the handgun on multiple occasions, Jackson is heard on the live stream making the following statements: “F*ck the police,” “let a cop run up and get done up,” “we’re liable to f*ck the police up right now,” and “you about to get hit” when he thought he was being pulled over by a police officer.

Evidence presented to the court further showed that Jackson travelled throughout the city, vandalizing businesses and public property, assaulting two civilians, and attempting to light a Charleston Police cruiser on fire.

Jackson is the third of six defendants to be sentenced on federal charges stemming from participation of actions including arson, inciting riots, and other civil disorder in Columbia and Charleston on May 30 and 31, 2020.

“While the United States Attorney’s Office will always protect the First Amendment rights of South Carolinians, we will not allow violence and destruction to go unpunished,” said Acting U.S. Attorney DeHart.  “We stand committed with our local, state and federal partners to protect the citizens of South Carolina, and we commend the tremendous effort made by detectives and crime analysts from the Charleston Police Department to not only identify those responsible for the violence and destruction last summer but also to document evidence and quickly apprehend them.  As was expressed in court, today’s sentencing will hopefully be a deterrent for violent agitators committing crimes like this in the future.”

“The Charleston Police Department once again applauds the successful resolution of this criminal case and the ongoing support displayed by the United States Attorney’s Office regarding this incident,” said Charleston Police Chief Luther Reynolds.  “While the Charleston Police Department will always support our citizen’s right to peaceful protest, we will never condone violent or destructive acts that endanger our citizens or damage property.  More work remains to be accomplished as we continue investigating and prosecuting those violent offenders responsible for the significant destruction of property, assault on our citizens and attack on our officers.  We will not rest until justice is accomplished for all impacted by those criminal acts.”

United States District Judge Richard M. Gergel sentenced Jackson to 24 months imprisonment to be followed by 36 months of supervised release.  There is no parole in the federal system.

The case was investigated by the FBI, ATF, Charleston Police Department, and South Carolina Law Enforcement Division (SLED).  Numerous other local police departments and Solicitors’ Offices across the state have also assisted in the investigations of civil unrest in May 2020. 

Assistant United States Attorneys Emily Limehouse and Nathan Williams prosecuted the case.

 

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Charleston, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Abraham Jenkins, 26, of Charleston, was sentenced to 18 months in federal prison after pleading guilty to civil disorders related to the violence and destruction in downtown Charleston on May 30, 2020.

Jenkins is the second of six defendants to be sentenced on federal charges stemming from participation of actions including arson, inciting riots, and other civil disorder in Columbia and Charleston on May 30 and 31, 2020.

“The United States Attorney’s Office will always protect the First Amendment rights of South Carolinians,” said Acting U.S. Attorney DeHart.  “However, when peaceful protests turn into violence and destruction, the violent agitators committing crimes will be brought to justice.”

“To protect our right to peacefully protest, the FBI will continue to investigate individuals that engage in criminal conduct that causes personal injury and property destruction as part of a riot,” said FBI Special Agent in Charge Susan Ferensic.  “We are grateful for the work done by the ATF, Charleston Police Department and South Carolina Law Enforcement Division that helped bring this offender to justice.”

“The Charleston Police Department applauds the successful resolution of this criminal case and the support the displayed by the United States Attorney’s Office regarding this incident,” said Charleston Police Chief Luther Reynolds.  “While the Charleston Police Department will always support our citizen’s right to peaceful protest, we will never condone violent or destructive acts that endanger our citizens or damage property.  More work remains to be accomplished as we continue investigating and prosecuting those violent offenders responsible for the significant destruction of property, assault on our citizens and attack on our officers.  We will not rest until justice is accomplished for all impacted by those criminal acts.”

“The Mount Pleasant Police Department appreciates the investigation in this matter and feels the process worked out in the interest of justice,” read in part a statement from the Mount Pleasant Police Department.  “We will continue to work with our law enforcement and community partners to ensure our citizens rights, safety, and property are protected.”

Evidence presented in court showed that Jenkins stood on top of a Town of Mount Pleasant Police vehicle, damaging it; sprayed a fire extinguisher at police officers who were patrolling Charleston on two separate occasions; and threw a water bottle at a patrolling officer.  Jenkins also took a burning t-shirt and threw it through a broken back window of a Charleston Police cruiser, causing damage to the cruiser.

United States District Judge Richard M. Gergel sentenced Jenkins to 18 imprisonment to be followed by 36 months of supervised release. There is no parole in the federal system.

The case was investigated by the FBI, ATF, Charleston Police Department, and South Carolina Law Enforcement Division (SLED).  Numerous other local police departments and Solicitors’ Offices across the states have also assisted in the investigations of civil unrest in May 2020. 

Assistant United States Attorneys Emily Limehouse and Nathan Williams prosecuted the case.

 

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Charleston, South Carolina ––– Acting United States Attorney M. Rhett DeHart announced today that Ricky DeWayne Johnson, 35, of Moncks Corner, has been sentenced to 30 years in federal prison, after pleading guilty to assaulting two members of the United States Marshal’s Fugitive Task Force and unlawfully possessing a firearm.

“Anyone foolish enough to point a gun at federal law enforcement yet fortunate enough to survive should know that they will be prosecuted to the full extent of the law,” said Acting U.S. Attorney DeHart.  “Our law enforcement officers – local, state, and federal – put their lives on the line each day to protect and serve the public.  Our office will never tolerate criminals threatening or shooting at our brave men and women in uniform.”

Evidence presented in court showed that, just after 2:00 AM on March 22, 2018, a deputy with the Berkeley County Sheriff’s Office attempted to stop a truck for traffic violations.  While the truck initially slowed and pulled into a gas station parking lot, it quickly pulled out and led the deputy on a high-speed chase into a residential subdivision.  The driver of the vehicle, later identified as Johnson, made a U-turn in a neighborhood and fired a .45 caliber pistol at the pursuing deputy.  Johnson continued driving until he made an abrupt stop, where he pointed the handgun at the deputy who had exited his vehicle and had drawn his weapon.  When the deputy took cover, Johnson sped off and made his way to a cul-de-sac in the neighborhood, where he exited the vehicle and ran from the deputy.

Upon searching the truck, which had been stolen, deputies located inside a spent casing for a .45 caliber round and a .22 caliber handgun.  Another spent casing was discovered nearby in the street.  After deputies established a search perimeter, they learned that a van had been stolen around where the suspect had fled on foot.  Hours later, two members of the U.S. Marshals Fugitive Task Force located Johnson in downtown Summerville, activated blue lights, and pulled up behind Johnson in an attempt to apprehend him.  Johnson attempted to flee and, during the ensuing foot chase, pulled a handgun from his jacket and pointed it at the pursuing Marshals.  The Marshals opened fire at Johnson and brought him down.  Investigators recovered a .45 caliber handgun loaded with 4 rounds of ammunition from Johnson who was treated for a gunshot wound in a local hospital and taken into custody.

Federal law prohibits Johnson from possessing firearms and ammunition, as he was previously convicted of a crime punishable by imprisonment of more than one year.  Johnson’s criminal history includes prior convictions for second degree burglary in 2009 and 2010, grand larceny in 2009 and 2013, possession with intent to distribute methamphetamine in 2014, financial transaction card theft in 2009, breaking into motor vehicles in 2010, and failure to stop for blue lights in 2014 and 2015.

United States District Court Judge Margaret B. Seymour sentenced Johnson to the statutory maximum of 30 years in federal prison, to be followed by a three-year term of court-ordered supervision.  There is no parole in the federal system.

The case was investigated by the Bureau of Alcohol Tobacco Firearms & Explosives (ATF), the United States Marshals, the South Carolina State Law Enforcement Division (SLED), and the Berkeley County Sheriff’s Office.  The Ninth Circuit Solicitor’s Office worked with the U.S. Attorney’s Office to secure Johnson’s plea.

Assistant United States Attorney Chris Schoen prosecuted the case.

 

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Myrtle Beach, South Carolina ––– Acting United States Attorney M. Rhett DeHart stated today that a Federal Grand Jury has returned a 13-count indictment charging four in the Myrtle Beach area for an alleged international telemarketing scheme targeting seniors.

Fabian Gray, a/k/a Mike Taylor, 29; Avia Reid, 29; Khalelah Powell, 20; and Romaine Gordon, 29, all of Myrtle Beach, have been charged with conspiracy to commit wire fraud, wire fraud, mail fraud, and conspiracy to commit money laundering.

The indictment alleges that, since June 2015, the four defendants knowingly, willfully, and intentionally conspired to defraud victims by use of telemarketing.  Namely, it is alleged that the defendants and their co-conspirators falsely informed more than 100 victims, most of them elderly, that the victims had won large awards of money and then convinced the victims that they had to pay fees in advance in order to receive their awards.

The indictment further alleges that the defendants and their co-conspirators sent communications purported to be from a genuine sweepstakes company, financial institutions, and even federal agencies that discussed the purported cash awards, designed to hide the true nature of the conspiracy and to convince victims of the authenticity of the winnings and fees.  The defendants then allegedly instructed how and whom the bogus fees and taxes were to be sent.  After receiving the victims’ money through prepaid cards, money orders, cash, personal checks and wire transfers, the defendants in turn wire transferred and carried to co-conspirators in Jamaica and elsewhere.

It is alleged in the indictment that at least $665,000 was stolen in the scheme.

The maximum penalty the defendants could receive per count is 20 years imprisonment and a fine of $250,000.  Because the indictment alleges that the defendants targeted victims over the age of 55, the defendants face an enhanced penalty of up to 10 additional years for the first 12 counts of the indictment.

All defendants are currently detained pending trial.  During the detention hearing of several of the defendants, information was presented to the court that the defendants are all originally from Jamaica and that at least two of the defendants are in the United States without legal status.

The case was investigated by Homeland Security Investigations (HSI).  Assistant United States Attorney Derek Shoemake is prosecuting the case.

Acting United States Attorney DeHart stated that all charges in indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

 

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Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Anthony Earl Baxter, 37, of Columbia, was sentenced to more than 12 years in federal prison after pleading guilty to being a felon in possession of firearms and ammunition, as well as possession with the intent to distribute cocaine and methamphetamine.

Evidence presented in court showed that on November 7, 2019, the Richland County Sheriff’s Department was dispatched on a call for service related to a domestic assault with a firearm.  The victim advised deputies that the suspect fled the scene, and deputies observed the suspect vehicle being driven by Baxter leaving the area.  When the deputies tried to pull Baxter over, he pulled off the road and began a high speed car chase that reached over 90 MPH, with Baxter weaving in and out of traffic, driving into oncoming lanes of traffic, and jumping a center medium curb.

Baxter took marked patrol cars with lights and sirens activated on a car chase through business and residential areas of Columbia. The car chase ended with Baxter crashing his vehicle and then attempting to flee by foot with a backpack in hand onto a residential property.  Deputies detained Baxter and discovered in the backpack: two 9mm handguns and ammunition, four digital scales, U.S. currency, cocaine and methamphetamine.

Federal law prohibits Baxter from possessing firearms and ammunition based on multiple prior felony convictions. Baxter’s prior convictions include for drug charges in 2004, 2006, 2007, 2008, 2012 and 2013; a weapons charge in 2004; and a criminal domestic violence charge in 2007.  Due to his multiple controlled substance convictions, Baxter was considered a career offender within the meaning of the federal sentencing guidelines.

United States District Court Judge J. Michelle Childs sentenced Baxter to 151 months in federal prison, to be followed by a three-year term of court-ordered supervision.  There is no parole in the federal system.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Richland County Sheriff’s Department.  Assistant United States Attorney Elliott B. Daniels prosecuted the case.

The case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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Charleston, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that, according to the Federal Bureau of Investigation’s 2020 Elder Fraud Report, 1,350 South Carolinians aged 60 or over fell victim to cyber scammers.  The report states that these South Carolinians reported losses of nearly $10 million in 2020.

Across the nation, there was over $1 billion in losses by victims aged 60 or over, representing 28% of all losses reported to the FBI’s Internet Crime Complaint Center.  The average dollar loss by those aged 60 or over nationwide was $9,175.

Acting U.S. Attorney DeHart urges the public to be vigilant of these crimes and to help older family members, so they do not become the next victim of elder fraud scams.

“Criminals often prey on those they believe are most susceptible to their schemes,” said Acting U.S. Attorney DeHart.  “Unfortunately, this means our elder neighbors are highly targeted by exploitative cybercriminals.  It is critical that all South Carolinians, particularly those over the age of 60, be vigilant of such crimes and that, when and where able, family members assist in protecting their elders to prevent them from falling victim to such crimes.  Know that the investigative work of the FBI and the prosecutorial efforts of the elder fraud division in our office will not end until such predatory cybercrimes come to a halt.”

The release of the annual report from the FBI comes in coordination with the annual World Elder Abuse Awareness Day, in which the entire Department of Justice echoes voices around the world condemning elder abuse, neglect, and exploitation.

According to the annual report from the FBI, the most common scams against seniors in 2020 were extortion, non-payment/non-delivery, tech support fraud, and identity theft.  Some of these crimes stemmed from the new use of digital purchasing of goods during the pandemic.

“Just as many seniors take extra precautions to protect themselves from physical crimes – be it through constant knowledge of what is going on outside their homes or by consistently keeping doors blocked, the same effort should be made to protect themselves from online scams,” said Acting U.S. Attorney DeHart.  “Should one fall victim to these crimes or any other targeting seniors, they should immediately report it to the FBI and the Department of Justice’s National Elder Fraud Hotline at 1-833-FRAUD-11.” 

Any victim of cybercrimes can contact the FBI’s Internet Crime Complaint Center at www.ic3.gov.

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The full 2020 Elder Fraud Report from the FBI can be found at: https://www.ic3.gov/Media/PDF/AnnualReport/2020_IC3ElderFraudReport.pdf.

COLUMBIA, SC – Acting U.S. Attorney for the District of South Carolina M. Rhett DeHart, Acting U.S. Attorney for the Western District of North Carolina William T. Stetzer and FBI Special Agent in Charge Robert R. Wells announced that Siva K. Durbesula, 29, of India, who was convicted by jury of abusive sexual contact aboard an airplane, was sentenced to the statutory maximum federal prison term of two years for the offense.

According to filed court documents, witness testimony, and evidence presented at trial, on June 23, 2019, Durbesula was a passenger aboard a flight from Chicago O’Hare to Myrtle Beach.  Over the course of the flight, Durbesula sexually assaulted a 22-year-old female who was seated next to him.  As the victim testified at trial, Durbesula pulled her toward him and groped her repeatedly midflight.  Court records show that after the flight crew moved Durbesula away from the victim, Durbesula asked to return to his previous seat so he could speak to the victim again.

During trial, prosecutors also presented the testimony of a second victim, who testified that on March 21, 2019 – approximately three months prior to the assault on the airplane – Durbesula pinned her into the corner on a New York City subway train and groped her.  The victim was able to video record Durbesula’s exiting the train, which assisted the New York Police Department to identify Durbesula and charge him.  Those charges were still pending when Durbesula sexually assaulted the victim on the airplane that resulted in federal charges.

The case was originally indicted in the District of South Carolina and was later transferred to the Western District of North Carolina.  In handing out the statutory maximum prison term for the offense, Chief U.S. District Judge Martin Reidinger noted that Durbesula’s repeated sexual misconduct over a short period of time required the maximum statutory punishment to promote respect for the law.  In addition to the prison term imposed, Judge Reidinger ordered Durbesula to serve 10 years of supervised release and to pay a $5,000 assessment.

Durbesula is currently in federal custody.  He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.

In making the announcement, Acting U.S. Attorneys DeHart and Stetzer commended the FBI and the Horry County Police Department for their investigation of the case and thanked Homeland Security Investigations (HSI) for their invaluable assistance.

Assistant U.S. Attorneys Derek A. Shoemake of the District of South Carolina and Don Gast of the Western District of North Carolina prosecuted the case.

FLORENCE, SC --- Acting U.S. Attorney M. Rhett DeHart announced today that former Florence County Sheriff’s Lieutenant Mark Edward Fuleihan, 49, of Florence, was sentenced to just over a year in federal prison as the result of an extensive joint federal and state investigation into public corruption and illegal gambling operations in the Pee Dee region.  Fuleihan, who previously pleaded guilty for operating an illegal gambling business, is one of nine defendants to be charged in the case and is among eight defendants who have pleaded guilty for their role in the illegal operation.

Homeland Security Investigations (HSI) and the South Carolina Law Enforcement Division (SLED) began the operation years ago after a request from the Florence County Sheriff’s Office.  The investigation specifically focused on allegations that a senior law enforcement official was obstructing the ability of SLED and others to monitor illegal gambling operations by, among other things, informing those gambling operators about planned law enforcement activity.  The case led to SLED’s arrest of Fuleihan on April 2, 2020, on a South Carolina State Grand Jury arrest warrant for a state Ethics Act bribery charge, followed by South Carolina State Grand Jury indictments for misconduct in office and Ethics Act bribery charges on May 14, 2020. Federal charges for obstruction of justice were filed on June 30, 2020, and a federal grand jury indicted Fuleihan on October 20, 2020, for operating an illegal gambling business, conspiracy to obstruct enforcement of state criminal law, and obstruction of an official proceeding. Then-Florence County Interim Sheriff William Barnes dismissed Fuleihan, who had served as a Florence County Sheriff’s Deputy since 1995, from his position just before his arrest by SLED.

“We trust our law enforcement officers to protect society and stand against wrongdoing,” said Acting U.S. Attorney DeHart.  “When an officer violates that trust, it is imperative that we hold them accountable.  I commend our state and federal partners for doing just that in this case.  This team was able to dismantle a criminal organization that was bolstered by a crooked cop and to send that officer to prison.”

“We greatly appreciate the work of our federal, state, and local partners in this joint investigation, which involved the US Attorney’s Office, HSI, SLED, the Florence County Sheriff’s Office, and the Attorney General’s State Grand Jury Division,” South Carolina Attorney General Alan Wilson said.  “It is our goal to successfully synch and pool the resources of all the various jurisdictions to best achieve justice for South Carolinians,” he added.

“A law enforcement officer’s badge and gun are not only symbols of trust and professionalism, but they are also tools that should be used for protecting the public, not enabling criminal activity,” said Special Agent in Charge Ronnie Martinez, who oversees HSI operations in North and South Carolina. “Corruption in law enforcement undermines the public’s trust and makes all of our jobs harder.”

“When a law enforcement officer breaks the law, it tarnishes the entire profession, and we lose the respect of the communities we serve” said SLED Chief Mark Keel.  “SLED is committed to continuing our work with our federal, state, and local partners to ensure that we have professional accountable law enforcement in South Carolina.”

Evidence presented to the court showed that since at least July 2014, the defendants operated illegal gambling houses throughout Florence and Williamsburg.  The gambling organization allowed individuals to play illegal gambling machines, collected monies from those individuals playing, and payed out winnings to those individuals.  Approximately $1,000,000 in cash was deposited into the accounts of at least two members of the gambling organization.

The evidence showed that Fuleihan was essential to the ability of the gambling operation to operate.  Fuleihan used his former position as a senior officer with the Florence County Sheriff’s Office to uncover details about the joint federal and state investigation into the illegal gambling operation, which included calling SLED officials and requesting to be informed about any upcoming operations related to gambling enforcement.  Fuleihan would share this information with members of the illegal gambling operation, and the members would use it to evade law enforcement operations and to destroy potentially relevant evidence.  Fuleihan was recorded on several calls with at least one member of the gambling operation discussing pending federal search warrants, potential wiretaps, and law enforcement raids.  At least one member of the illegal gambling operation explained how Fuleihan would sell previously seized gambling machines back to members of the illegal gambling operation.

Chief U.S. District Judge R. Bryan Harwell sentenced Fuleihan to twelve months and one day in federal prison, to be followed by a three-year term of court-ordered supervision.  There is no parole in the federal system.  The South Carolina State Grand Jury charges remain pending at this time.

The following co-defendants in the case have pled guilty and been sentenced to terms of probation or house arrest: Timothy Dane Keefe, 39, of Lake City; Thyrone Eaddy, 54, of Lake City; Cliff Cantey, 62, of Lake City; Kenneth Moore, 64, of Salters; George Dollard, 70, of Lake City; and Leroy Barbour 51, of Florence. Co-defendant Sheryl Kirby, 52, of Lake City, has pleaded guilty and is awaiting sentencing. Co-defendant Dale Smith, 64, of Lake City, has been charged but has not entered a plea in the case or otherwise been convicted.

The case was investigated by HSI, SLED, the Florence County Sheriff’s Office, and the South Carolina State Grand Jury.  Assistant United States Attorney Derek A. Shoemake prosecuted the federal case. State Grand Jury Division Chief Attorney S. Creighton Waters and Assistant Attorney General Johnny Ellis James, Jr. are prosecuting the case for the South Carolina State Grand Jury.