District of South Carolina

United States Attorney Beth Drake stated today that, a Federal Grand Jury in Columbia, South Carolina, returned Indictments against the following:

Five Men Indicted for Illegal Re-entry into the United States After Deportation.  Severvo Gonzalez-Martinez, age 26, Alirio Ortiz-Castro, age 62, and Ulises Santos-Cruz, age 30, all of Columbia, South Carolina; Gilberto Antonio Moreno-Moreno, age 38, of Rock Hill, South Carolina; and Gabriel Rodriguez-Galindo, age 40, of Graniteville, South Carolina were charged with Illegal Re-entry into the United States After Deportation in violation of Title 8, United States Code, Section 1326 which carries a maximum penalty of a fine of $250,000 and/or ten years imprisonment. All of the cases were investigated by the Immigration and Custom Enforcement-Enforcement Removal Operations.  These cases have been assigned to Assistant United States Attorney William E. Day, II of the Columbia office for prosecution.

Federal Grand Jury Indicts Lancaster County Man.  Jimmy Allen Hunter, age 48, of Lancaster County, South Carolina was charged in a 1-count indictment.  Hunter was charged with being a felon in possession of firearms and ammunition, a violation of Title 18, U. S. C. § 922(g)(1).  The maximum penalty Hunter could receive is 10 years imprisonment and a maximum fine of $250,000.  The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and Lancaster County Sheriff's Office and is assigned to Assistant United States Attorney William K. Witherspoon of the Columbia office for prosecution.

Two Columbia Men Indicted on Firearm and Drug Charges.  Robert Christopher McCoy, age 23, of Columbia, South Carolina and Terrone J. Anderson, age 20, of Columbia, South Carolina were charged in a 2-count indictment.  Robert Christopher McCoy was charged with felon in possession of a firearm, a violation of Title 18, U. S. C. §922(g). Terrone J. Anderson was charged with possession with intent to distribute MDMA (Ecstacy), a violation of Title 21, U. S. C. §841.  The maximum penalty McCoy could receive is 10 years imprisonment and a maximum fine of $250,000, and the maximum penalty Anderson could receive is 20 years imprisonment and a maximum fine of $1,000,000.  The case was investigated by the Columbia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and is assigned to Assistant United States Attorney JD Rowell of the Columbia office for prosecution.

Lexington County Man Indicted on Federal Gun and Drug Charges.  John Phillip Drawdy, age 38, of Gaston, South Carolina, was charged in a two-count indictment with one count of possession of a firearm by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1), and one count of possession with the intent to distribute methamphetamine, a violation of Title 21, United States Code, Section 841(a)(1).  Drawdy faces a mandatory minimum term of imprisonment of ten years.  The maximum penalty Drawdy could face is imprisonment of life and a fine of $8,000,000. The case was investigated by the South Carolina Department of Probation, Parole and Pardon, the Lexington County Sheriff’s Office Narcotics Enforcement Team, and the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant United States Attorney Nancy Wicker of the Columbia office.

The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Columbia, South Carolina –------- United States Attorney Beth Drake, announced today that Justin David Crenshaw, age 31, of Salem, was sentenced to the statutory maximum of ten years in federal prison earlier this week on charges stemming from his possession and discharge of a firearm last fall at a residence in Oconee County.  United States District Court Judge Bruce H. Hendricks, who issued the sentence, also revoked Crenshaw’s term of supervised release, adding an additional two years to be served consecutively to the ten-year sentence, effectively bringing the sentence to a term of twelve years.

Crenshaw was previously indicted on December 13, 2016, by a federal grand jury for felon in possession of ammunition, a violation of Title 18, United States Code, Section 922(g)(1).  Prior to his indictment, Crenshaw, whose conduct at the time of the offense was being supervised by United States Probation following his summertime release from the Bureau of Prisons, was arrested on federal arrest warrants in early December for the offense and has remained in custody, detained without bond, since that date. 

The facts presented by the government at the guilty plea hearing this morning established that on October 25, 2016, Crenshaw and a colleague entered a residence in Oconee County and initiated a physical assault on a male located in the residence. The male ran outside the house followed by Crenshaw who then fired two rounds during the altercation. Deputies recovered two 9mm ammunition casings from the site of the incident. When interviewed, Crenshaw admitted firing the shots.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with the assistance and cooperation of the Oconee County Sheriff’s Office.  The prosecution of the case was handled by Assistant U.S. Attorney Bill Watkins and First Assistant U.S. Attorney Lance Crick. 

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Guadencio Morgado-Martinez, age 32, of Myrtle Beach, SC, pled guilty in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 8, United States Code, Section 1326(a).  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

The evidence presented at the guilty plea hearing established that on April 29, 2017, Immigration and Customs Enforcement – Enforcement and Removal Operations (“ICE-ERO”) Officers in Charleston, SC, discovered that Guadencio Morgado-Martinez, a native and citizen of Mexico, had been arrested by the South Carolina Highway Department District Five for Driving Under the Influence and other traffic violations.  In 2009, Morgado-Martinez was deported from the United States back to Mexico.  A records check revealed that Morgado-Martinez had not received permission to enter, re-enter, or remain in the United States. 

Ms. Drake stated the maximum penalty the Defendant can receive is a fine of $250,000 and/or imprisonment for 2 years, plus a special assessment of $100.

The case was investigated by agents of the Immigration and Customs Enforcement – Enforcement and Removal Operations (“ICE-ERO”) and the South Carolina Highway Department District Five.  Assistant United States Attorney Lauren Hummel of the Florence office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Olvin Humberto Matute-Lopez, a/k/a “Humberto Lopez-Barralaga,” a/k/a “Fernando Dolero-Juarez,” a/k/a “Juan Carlos Matute,” a/k/a “Juan Lopez,” a/k/a “Humberto Lopez,” age 36, of Myrtle Beach, SC, pled guilty in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 8, United States Code, Section 1326(a).  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

The evidence presented at the guilty plea hearing established that on May 13, 2017, Immigration and Customs Enforcement – Enforcement and Removal Operations (“ICE-ERO”) Officers in Charleston, SC, discovered that Olvin Humberto Matute-Lopez, a native and citizen of Honduras, had been arrested by the Horry County Police Department for Driving Under the Influence and other traffic violations.  In 2008, Matute-Lopez was deported from the United States back to Honduras.  A records check revealed that Matute-Lopez had not received permission to enter, re-enter, or remain in the United States. 

Ms. Drake stated the maximum penalty the Defendant can receive is a fine of $250,000 and/or imprisonment for 2 years, plus a special assessment of $100.

The case was investigated by agents of the Immigration and Customs Enforcement – Enforcement and Removal Operations (“ICE-ERO”) and the Horry County Police Department.  Assistant United States Attorney Lauren Hummel of the Florence office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Alfredo Martinez-Sibaja, age 26, of Myrtle Beach, SC, pled guilty in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 8, United States Code, Section 1326(a).  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.   

The evidence presented at the guilty plea hearing established that on May 15, 2017, Immigration and Customs Enforcement – Enforcement and Removal Operations (“ICE-ERO”) Officers in Charleston, SC, discovered that Alfredo Martinez-Sibaja, a native and citizen of Mexico, had been arrested by the Horry County Police Department for Driving Under the Influence and other traffic violations.   In 2013, Martinez-Sibaja was deported from the United States back to Mexico after having been deported on prior occasions.  A records check revealed that Martinez-Sibaja had not received permission to enter, re-enter, or remain in the United States. 

Ms. Drake stated the maximum penalty the Defendant can receive is a fine of $250,000 and/or imprisonment for 2 years, plus a special assessment of $100.

The case was investigated by agents of the Immigration and Customs Enforcement – Enforcement and Removal Operations (“ICE-ERO”) and the Horry County Police Department.  Assistant United States Attorney Lauren Hummel of the Florence office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jorge Hernandez-Gomez, a/k/a “Jorge Hernandez-Rodriguez,” age 35, of Mullins, SC, pled guilty in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 8, United States Code, Section 1326(a).  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

The evidence presented at the guilty plea hearing established that on April 23, 2017, Immigration and Customs Enforcement – Enforcement and Removal Operations (“ICE-ERO”) Officers in Charleston, SC, discovered that Jorge Hernandez-Gomez, a native and citizen of Mexico, had been arrested by the North Myrtle Beach Police Department for Public Disorderly/Public Intoxication.   In 2016, Hernandez-Gomez was deported from the United States back to Mexico after having been removed on several prior occasions.  A records check revealed that Hernandez-Gomez had not received permission to enter, re-enter, or remain in the United States. 

Ms. Drake stated the maximum penalty the Defendant can receive is a fine of $250,000 and/or imprisonment for 2 years, plus a special assessment of $100.

The case was investigated by agents of the Immigration and Customs Enforcement – Enforcement and Removal Operations (“ICE-ERO”) and the North Myrtle Beach Police Department.  Assistant United States Attorney Lauren Hummel of the Florence office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated that Nicole Jenice Samples, age 35, of Columbia, pleaded guilty in federal court to two counts of deprivation of civil rights, in violation of Title 18, United States Code, Sections 242 and 2. United States District Judge Mary Geiger Lewis of Columbia accepted the guilty plea and will impose a sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Facts presented at the change of plea hearing established that on January 1, 2017, Nicole Jenice Samples directed the use of excessive force as punishment for two juveniles housed at the Department of Juvenile Justice (DJJ). In response to juveniles making noise, Samples, a Lieutenant at DJJ, ordered two of her subordinate correctional officers to apply mechanical restraints to the two juveniles, directing that the leg restraints be connected to the hand restraints, a practice known as “hogtying.” Samples physically assisted in the hogtying of at least one of the juveniles and oversaw the application of the restraints on both juveniles. At Samples’ direction, the juveniles were left in the hogtied position for over two hours as punishment and suffered pain. DJJ policy forbids the use of restraints as punishment and specifically forbids the practice of “hogtying.”

Ms. Drake stated that the maximum penalty Samples could receive is ten years imprisonment on each Section 242 offense, along with a fine of $250,000.00 and three years of supervised release.

This case was investigated by the Federal Bureau of Investigation and SLED at the request of, and with the assistance of, the Department of Juvenile Justice and Acting Director Freddie Pough. It is being prosecuted by Assistant United States Attorney Alyssa Leigh Richardson of the Columbia office.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Courtney Thomas, age 22, of Columbia, pled guilty in federal court in Columbia to Conspiracy, a violation of Title 18, United States Code, § 371.  United States District Judge Mary G. Lewis accepted the guilty plea and will sentence her at a later date. 

On multiple dates in October 2014, Wal-Mart cashier Courtney Thomas accepted a total of $4,850 in counterfeit money from her co-defendant.  Her co-defendant would call or text to learn what register Thomas was working at the Killian Road location.  He then went through her line and purchased items of nominal value, paying for them with the counterfeit money.  Thomas accepted the counterfeit money and loaded the remaining balance onto Visa cards for their mutual benefit.   

Ms. Drake stated the maximum statutory penalty faced by Thomas is imprisonment for five years and a fine of $250,000.

The United States Secret Service, assisted by the Richland County Sheriff’s Office, investigated the case.  Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.

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Columbia, South Carolina------AnMed Health, a South Carolina hospital based in Anderson, South Carolina, has agreed to pay over $7 million to resolve allegations that it violated the False Claims Act by submitting false Medicare claims.  The settlement announced today resolves allegations that AnMed Health knowingly disregarded the statutory conditions for submitting claims to the Medicare program for a variety of services, including radiation oncology services, emergency department services, and clinic services.

Specifically, the United States alleged that AnMed Health billed for radiation oncology services for Medicare patients when a qualified practitioner was not immediately available to provide assistance and direction throughout the radiation procedure, as required by Medicare regulations.  The settlement also resolves allegations that AnMed Health systematically billed a minor care clinic as if it was an Emergency Department, and billed Emergency Department services as if they were provided by a physician when, in fact, the services were rendered by mid-level providers. Each of these billing practices resulted in higher reimbursements to AnMed Health.

“Our goal in pursuing Medicare fraud is not only to protect taxpayers, but also to ensure that Medicare beneficiaries receive the quality care they deserve,” said Barbara Bowens, Civil Chief for the U.S. Attorney’s Office for the District of South Carolina. 

“This is another example of how the False Claims Act whistleblower provisions help protect the public’s interest,” said U. S. Attorney John Horn.  “It also reflects our ongoing commitment to safeguard our federal health care programs and the vital care that they provide.”

“Protecting people with Medicare and guarding health resources are top priorities,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “Provider organizations seeking to increase profits at the expense of patients and taxpayers should expect such plans to be costly.”   

The allegations settled today arose from a lawsuit filed in the Northern District of Georgia by a whistleblower formerly employed by AnMed Health, Linda Jainniney, 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 in any recovery.  The lawsuit is captioned United States ex rel. Jainniney v. Anmed Health, et al., 1:12-cv-2941 (N.D. Ga.).  Ms. Jainniney will receive $1,202,500 of the United States’ False Claims Act recovery.  Ms. Jainniney will also receive $850,136.50 from AnMed Health to resolve her wrongful termination claims under the False Claims Act.

This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the District of South Carolina, and the Department of Health and Human Services Office of the Inspector General.

The government’s resolution 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.

If you suspect Medicare or Medicaid fraud please report it by phone at 1-800-447-8477 (1-800-HHS-TIPS), or E-Mail at HHSTips@oig.hhs.gov.

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Columbia, South Carolina---- United States Attorney Beth Drake stated that, Kenneth W. Hillman, III, age 47, of Dalton, Georgia was sentenced in federal court in Rome, Georgia for disclosure of confidential information, a violation of 18 U.S.C. § 1905.  Senior United States District Judge Harold L. Murphy of Rome sentenced Hillman to six (6) months’ probation, $1,000 fine and a special assessment of $25.00.

Evidence presented at the change of plea hearing established that between August 1, 2012 and November 30, 2012, the Department of Justice Federal Bureau of Investigations (FBI) employed Mr. Hillman as a Special Agent in the Northern District of Georgia.  Mr. Hillman was assigned as the lead agent of the Northwest Georgia Internet Crime and Child Exploitation Task Force (Task Force).  This Task Force included other officers assigned from local law enforcement agencies. 

The Task Force was authorized to investigate and solicit, via the internet, persons seeking to have sexual relations with children.  This Task Force used an undercover facility along with undercover computers, government cell phones and specialized internet chat language designed by and known only to the Task Force members to solicit and lure these individuals to the area where they were arrested.

During this period, neither E. R. nor A. R. were law enforcement officers or members of the Task Force.  Mr. Hillman disclosed sensitive, but unclassified, information as to the operation of this Task Force to E. R. and A. R. This disclosure included allowing E. R., on one occasion, and A. R. to view agents involved in the internet chatting with some individuals and allowing them to accompany agents during the arrests of some of these individuals.
Mr. Hillman also allowed A. R. access to a sensitive, but unclassified, undercover FBI computer and the specialized internet chat language used by the Task Force.  Mr. Hillman allowed A. R., using the FBI’s undercover computer and the specialized language, to conduct several chats with persons on behalf of the Task Force.  A. R. recruited several individuals who were looking to engage sexually with minor children to the area.  These persons were arrested.

Mr. Hillman was not authorized by law to divulge, disclose or make known in any manner the Task Force operation to E. R. and/or A. R., or to allow A. R. to participate in the undercover operation of the Task Force, to possess and operate FBI equipment, to conduct chats, arrests, or otherwise be involved in the operation of the Task Force. 

The case was investigated by agents of the Department of Justice, Office of the Inspector General.  Assistant United States Attorneys William K. Witherspoon and James H. May of the United States Attorney’s Office, District of South Carolina, because the United States Attorney’s Office in the Northern District of Georgia had been recused from the matter.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Bobby Joe Drakeford, JR., age 27, of Wallace, SC, pled guilty in federal court in Florence, to Felon in Possession of a Firearm, a violation of Title 18, United States Code, Section 922(g) and 924(a)(2).  United States District Judge Bryan Harwell of Florence accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

The evidence presented at the guilty plea hearing established that on January 5, 2017, deputies with the Chesterfield County Sheriff’s Office observed a vehicle that matched the description of a vehicle involved in an attempted sale of suspected stolen firearms.  After deputies attempted to make a stop on the vehicle, Drakeford, who was driving the vehicle, failed to stop, and a vehicle chase ensued.  During the vehicle chase, Drakeford ran a stop sign, slammed the driver side of his car into the passenger side of a deputy’s patrol vehicle, struck a metal light pole, and caused his vehicle to roll into a parked car after exiting the vehicle and fleeing on foot.  During the foot chase, a deputy observed Drakeford throw a small pistol over a fence and then climb over the fence.  Eventually, Drakeford succumbed to verbal commands to stop, and deputies were able to detain Drakeford and recover the pistol he had thrown over the fence.  The evidence presented also established that prior to his possession of the firearm, Drakeford had been convicted of a crime punishable by imprisonment for a term exceeding one year.  

Ms. Drake stated the maximum penalty Defendant can receive is a fine of $250,000 and/or ten years imprisonment.

The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chesterfield County Sheriff’s Office, and the Cheraw Police Department.  Assistant United States Attorney Lauren Hummel of the Florence office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake announced the arrests of Glenn Quanta Pernell, 39, Donald Lee Robinson, 51, Antonio Debor Gowans, 42, Danielle Johnnie Sarvis, 40, Whitney Sad’e Pernell, 27, Hattie F. Pernell, 55, Fatima Flesinears Ford, 32, Myra L. Dixon, 25, Cynthia Jantoria Williams, 39, Kevin Gerard Mullins, 36, Kevin Barry Myers, 52, and Elijah Tyrone Davis, 39.   The defendants were indicted by a federal grand jury and charged with their participation in a conspiracy to traffic heroin, cocaine, and “crack” cocaine, in violation of Title 21, United States Code, Section 846.

The defendants were arrested on Wednesday, and appeared in court today where they all entered not guilty pleas.  Four others, Santerrio Montinez Smith, 29, Dantrell Markeis Smith, 32, Terrence Vernon Dunlap, 23, and Stacey Vallario Fuller, 50, were also named in the Indictment but have not yet been arrested.

The government requested that six of the defendants—Glenn Pernell, Robinson, Gowans, Mullins, Myers, and Davis—be held without bail pending trial. The Honorable Paige J. Gossett, United States Magistrate Judge, will conduct a hearing on Wednesday, September 27 at 2:30 p.m. and will decide whether to grant the government’s request.

These arrests were the result of an investigation led by the Federal Bureau of Investigation’s Columbia Violent Gang Task Force (CVGTF), working in conjunction with the Richland County Sheriff’s Department, the Lexington County Sheriff’s Department, the Marion County Sheriff’s Office, the Columbia Police Department, the Horry County Police Department, the Conway Police Department, the Myrtle Beach Police Department, the South Carolina Law Enforcement Division (SLED), the South Carolina Department of Corrections, and the Drug Enforcement Administration (DEA), with assistance from the United States Marshal’s Service and the ASPCA® (American Society for the Prevention of Cruelty to Animals®). Assistant United States Attorney Jane B. Taylor of the Columbia office will prosecute the case.

The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Felicia L. Prysock, age 41, of Wellford, South Carolina, was charged in a thirty-count Indictment by a Grand Jury in Columbia for Aggravated Identity Theft, a violation of Title 18, United States Code, § 1028A; False Statements Related to Health Care Matters, a violation of Title 18, United States Code, § 1035(a)(2); and Obtaining a Controlled Substance by Fraud, a violation of Title 21, United States Code, § 843(a)(3).  

The indictment alleges that Prysock filled ten different prescriptions forged in the names of her children and had Medicaid pay for them.  The conduct occurred between July 2016 and April 2017.  The investigation revealed that these prescriptions were for Schedule II opioids, such as oxycodone, hydrocodone, and Adderall. 

Prysock’s indictment coincides with Opioid and Heroin Epidemic Awareness Week.  According to a White House press release, “approximately 64,000 Americans died last year of drug overdoses in the United States, the majority of them from opioids.  The number of infants born with opioid dependence has more than quadrupled in the past decade.  Nearly 100 Americans, on average, die each day from opioid overdoses, and overdose rates are highest among people between 25 to 54 years old, robbing so many of our young people of their potential.”

United States Attorney Beth Drake said, “Our office continues to vigorously prosecute those who deal prescription drugs to our most vulnerable citizens, many of whom suffer from debilitating addictions.”

Ms. Drake stated the statutorily mandated penalty faced by Prysock for a violation of Title 18, United States Code, § 1028A is imprisonment for two years, with a potential fine up to $250,000. The maximum penalty for a violation of Title 18, United States Code, § 1035(a)(2) is five years in prison and a fine of $250,000.  The maximum penalty for a violation of Title 21, United States Code, § 843(a)(3) is four years in prison and a fine of $250,000.

The United States Department of Health and Human Services, Office of the Inspector General, along with the United States Drug Enforcement Administration, investigated the case.  Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.

The United States Attorney 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 ------ United States Attorney Beth Drake announced today that Cedric K. Reddick and Jonathan Donnell Thompson, a/k/a “Joe-Nae” were charged in a 4-count indictment with conspiracy to steal firearms, theft of firearms from a licensed federal firearms dealer, possession of a stolen firearm, and felon in possession of a firearm, all in violation of Title 18, United States Code, Sections 371, 922(g)(1), 922(j), and 922(u). The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Sumter County Sheriff’s Department, and the Richland County Sheriff’s Department and is assigned to Assistant United States Attorney Stacey D. Haynes of the Columbia office for prosecution.

The United States Attorney 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 –------- United States Attorney, Beth Drake, announced today the Michael Ruiz, age 53, and James Mondell, age 55, both of Greenville, South Carolina, entered pleas of guilty as charged in Greenville, South Carolina, before United States Senior District Judge Henry M. Herlong, Jr.    Both defendants pled guilty to two counts of Wire Fraud which carries a penalty of up to 20 years in prison.  Additionally, Ruiz pled guilty to three counts of impersonating an official of the United States Immigration Service, each count of which carries a penalty of up to three years in prison.  A sentencing hearing has been set for December 5, 2017.

The facts presented by Assistant United States Attorney David C. Stephens at the guilty plea hearing established that Ruiz devised a scheme in which he pretended to be an Immigration Official and offered to take care of illegal aliens’ immigration problems in exchange for a fee.  A number of aliens agreed to pay Ruiz such fees for his services.  Ruiz did absolutely nothing for these aliens, however, he demanded more and more money ultimately threatening to have them deported if he did not receive further payments.  Additionally, Ruiz told one alien that he could have his family in Guatemala enter the United States and gain legal status in exchange for a fee.  This led to numerous international telephone calls which are the basis for the wire fraud charges.  Mondell played a lesser role in the offense.  Ruiz would have Mondell with him when he met with the aliens and due to Mondell’s size his presence alone served to intimidate the victims.  Additionally, Mondell was involved in handling the payments which were often in the form of money orders which Mondell would cash for Ruiz.  The known dollar loss is approximately $60,000.00.

United States Attorney Drake said that this was a significant case, particularly in light of the fact that Ruiz had been out of jail less than six months for committing the same type of offense in New Jersey.  She commended agents of ICE-Homeland Security Investigations for their excellent work in the case along with Assistant United States Attorney David C. Stephens, of Greenville, who handled the investigation.  

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Charleston, South Carolina ---- United States Attorney Beth Drake stated today that David Geisbrecht Fehr, a/k/a “Oscar Silva Leamon”, a/k/a “El Ingeniero”, age 44, of Chihuahua, Mexico was charged in a 1-count indictment.  David Geisbrecht Fehr was charged with conspiracy to possess with intent to distribute and to distribute 5 kilograms or more of cocaine, a violation of Title 21, U. S. C. Sections 841 and 846.  The maximum penalty Fehr could receive is life imprisonment and a maximum fine of $10,000,000. 

United States Attorney Drake stated, “The extradition of Mr. Fehr from Mexico to face these charges in South Carolina is the result of a tremendous coordinated effort by our office and law enforcement to hold accountable those responsible for putting narcotics on the streets of our state.” Jason Sandoval, Resident Agent in Charge of the DEA Charleston office stated, “Mr. Fehr’s extradition is a result of dedication and commitment of prosecutors and law enforcement on both sides of the border. Mr. Fehr must now account for alleged criminal conduct during his day in court.  Anyone seeking to evade justice should take note of this extradition: justice never sleeps.”  “This investigation was a collaborative effort of federal and international law enforcement working together to arrest a dangerous drug smuggler who thought he was safe in Mexico,” added Thomas Henman, Chief Deputy U.S. Marshal. 

The case was investigated by agents of the Drug Enforcement Administration and the United States Marshals Service and is assigned to Assistant United States Attorney Nick Bianchi of the Charleston office for prosecution.  The Criminal Division’s Office of International Affairs provided substantial assistance in this matter.  The United States Attorney stated that all charges in this Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

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Columbia, South Carolina-------United States Attorney Beth Drake stated today a Federal Grand Jury in Columbia, South Carolina, returned a multiple-count indictment in connection with an armed robbery in Conway.

Brandon Michael Council, age 32, of Wilson, North Carolina was charged in a three-count indictment with armed bank robbery resulting in death (a violation of 18 U. S. C. §§ 2113(a) and 2113(d)); use of a firearm in furtherance of a crime of violence resulting in death of a person in such a manner to constitute murder (a violation of 18 U. S. C. §§  924(c) and 924(j)); and felon in possession of a firearm (a violation of 21 U. S. C. § 922(g)).  Council could receive life without the possibility of parole or death on Counts 1 and 2. 

The indictment alleges that on August 21, 2017, Defendant Brandon Michael Council planned to enter CresCom Bank to rob the bank and kill its employees. Shortly after entering the bank, Defendant Brandon Michael Council drew a revolver and shot bank teller Donna Major multiple times. Defendant Brandon Michael Council then ran into a nearby office where he shot bank manager Kathryn Skeen as she sheltered under her desk. Defendant Brandon Michael Council then proceeded to take more than $15,000 in cash from the bank before fleeing.

Council will be arraigned on the indictment by a United States Magistrate Judge at the McMillan Federal Courthouse in Florence, South Carolina, in the coming weeks.

The case was investigated by the Federal Bureau of Investigation, Conway Police Department, Horry County Police Department, Myrtle Beach Police Department, Horry County Sheriff’s Office, Wilson North Carolina Police Department, Greenville North Carolina Police Department, the South Carolina Law Enforcement Division, the Bureau of Alcohol, Tobacco, Firearms, Explosives, and the United States Marshal’s Office. Assistant United States Attorneys JD Rowell and Jay N. Richardson of the Columbia office are prosecuting the case.

The United States Attorney 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 ---- United States Attorney Beth Drake stated today that Yvonne Sanchez, age 40, of Chapin, pled guilty in federal court in Columbia to Bank Fraud, a violation of Title 18, United States Code, § 1344.  Senior United States District Judge Cameron McGowan Currie, of Columbia, accepted the guilty plea and will sentence her on January 24, 2018. 

From July 2014 through June 2016, Sanchez was the bookkeeper for EveryWord, Inc., a court reporting business in the Columbia area.  Sanchez opened fake accounts in the name of EveryWord at All South Federal Credit Union.  As part of her duties, Sanchez was supposed to be depositing checks made payable to EveryWord into the legitimate business account at First Community.  Instead, she diverted the checks into her own accounts for her personal use.  Overall, Sanchez defrauded EveryWord of $121,461.76.

Ms. Drake stated the maximum statutory penalty faced by Sanchez is imprisonment for thirty years and a fine of $1,000,000.

The United States Department of Homeland Security investigated the case.  Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Merav Hizmi, age 41, of Surfside Beach, SC, pled guilty in federal court in Florence to Making False Statements Under Oath to an Immigration Official, a violation of Title 18, United States Code, Section 1015(a).  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

The evidence presented at the guilty plea hearing established that Hizmi, an Israeli citizen who had married another Israeli citizen in 1996, came to the United States and, without having been divorced from her Israeli husband, married a United States citizen in 2003.  During the process of attempting to change her immigration status based on her alleged marriage to the U. S. citizen, Hizmi was interviewed by an official of United States Citizenship and Immigration Services (USCIS).  During the interview, Hizmi stated under oath that she was not and had never been married to anyone other than her United States citizen spouse, which statement she knew to be false.

Ms. Drake stated the maximum penalty the defendant can receive is imprisonment for 5 years and a fine of $250,000.

The case was investigated by agents of ICE-Homeland Security Investigations and the United States Citizenship and Immigration Services- Fraud Detection and National Security Directorate.  Assistant United States Attorney A. Bradley Parham of the Florence office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Lawson Mangum, age 65, Anthony Todd, age 48, and Herbert Todd, age 49, all of Myrtle Beach, SC, pled guilty in federal court in Florence to Conducting an Illegal Gambling Business, a violation of Title 18, United States Code, Section 1955.  United States District Judge Bryan Harwell, of Florence, accepted the pleas and will impose sentences after he has reviewed the presentence reports, which will be prepared by the U.S. Probation Office.

The evidence presented at the guilty plea hearing established that these defendants along with at least two other individuals were operating illegal gambling businesses in the Myrtle Beach area beginning as early as 2014.  Mangum supplied the gambling machines to the Todd brothers who then installed the machines at their various gambling locations.  The Todd brothers collected the gambling proceeds from the machines and split the proceeds with Mangum.  During the execution of multiple search warrants, agents with the South Carolina Law Enforcement Division (SLED) and ICE-Homeland Security Investigations seized over 50 illegal gambling machines from businesses operated by this group of defendants.  Ledgers seized during the search of one of these locations revealed that during January 2014 to August 2015, this gambling operation realized a profit of over $218,000.      

Ms. Drake stated the maximum penalty the defendants can receive is imprisonment for 5 years and a fine of $250,000.

The case was investigated by agents of the South Carolina Law Enforcement Division and ICE-Homeland Security Investigations.  Assistant United States Attorney A. Bradley Parham of the Florence office handled the case.

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Columbia, South Carolina---- United States Attorney Beth Drake stated today that Edgar Benjamin Lopez-Morales, age 29, from Myrtle Beach, was sentenced in federal court in Florence, South Carolina, for Illegal Re-Entry into the United States after Deportation, a violation of 8 U.S.C. § 1326(a)(2).  United States District Judge Bryan Harwell, of Florence, sentenced Lopez-Morales to 15 months imprisonment.

Evidence presented at the change of plea hearing established that on February 26, 2017, ICE-Enforcement Removal Operations Officers in Charleston, SC, discovered Edger Benjamin Lopez-Morales, while he was in custody at the Horry County Detention Center on state charges. Immigration records revealed that Lopez-Morales was a native and citizen of Honduras who had previously been deported from the United States on multiple occasions. Lopez-Morales has never received permission to enter or remain in the U.S. 

The case was investigated by the Horry County Police Department and agents of ICE-Enforcement Removal Operations.  Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.

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Columbia, South Carolina---- United States Attorney Beth Drake stated today that Israel Mejia-Coyoy, age 33, from Myrtle Beach pled guilty in federal court in Florence, South Carolina, to Illegal Re-Entry into the United States after Deportation, a violation of 8 U.S.C. § 1326(a)(2).  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that on May 29, 2017, ICE-Enforcement Removal Operations Officers in Charleston, SC, discovered Israel Mejia-Coyoy, while he was in custody at the Horry County Detention Center on state charges. Records checks revealed that Mejia-Coyoy was a native and citizen of Guatemala who had previously been deported from the United States. Mejia-Coyoy has never received permission to enter or remain in the U.S. 

The case was investigated by the Horry County Police Department and agents of ICE-Enforcement Removal Operations.  Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.

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Columbia, South Carolina---- United States Attorney Beth Drake stated today that Jose Alberto Nava-Reyes, age 35, from Guerrero, Mexico, was sentenced in federal court in Florence, South Carolina, for Illegal Reentry into the United States after Deportation, a violation of 8 U.S.C. § 1326(a).  United States District Judge Bryan Harwell, of Florence, sentenced Nava-Reyes to 18 months imprisonment.

Evidence presented at the change of plea hearing established that on April 15, 2017, ICE-Enforcement Removal Operations Officers in Charleston, SC, discovered Nava-Reyes, while he was in custody at the J. Reuben Long Detention Center in Horry County on state charges. Immigration records revealed that Nava-Reyes was a native and citizen of Mexico who had previously been deported from the United States back to Mexico on multiple occasions. Nava-Reyes has never received permission to enter or remain in the U.S.

The case was investigated by the Horry County Police Department and agents of ICE-Enforcement Removal Operations.  Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.

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Columbia, South Carolina---- United States Attorney Beth Drake stated today that Juan Jose Victoria Sanchez-Lara, age 33, from Davie, Florida, pled guilty in federal court in Florence, South Carolina, to Illegal Re-Entry into the United States after Deportation, a violation of 8 U.S.C. § 1326(a).  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that on July 4, 2017, ICE-Enforcement Removal Operations Officers in Charleston, SC, discovered Juan Jose Victoria Sanchez-Lara, while he was in custody at the Horry County Detention Center on state charges. Immigration records revealed that Sanchez-Lara was a native and citizen of Honduras who had previously been deported from the United States on multiple occasions. Sanchez-Lara has never received permission to enter or remain in the U.S. 

The case was investigated by the Horry County Police Department and agents of ICE-Enforcement Removal Operations.  Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.

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Florence, South Carolina – The United States Attorney’s Office, the South Carolina Department of Probation, Parole and Pardon Services; SC Works; SC Vocational Rehabilitation; SC Department of Social Services; and the US Probation Office are continuing their statewide partnership to help individuals with prior criminal backgrounds secure employment.

The Second Annual Pee Dee Reentry Job Fair & Expo is being held Wednesday, September 27, 2017, from 10:00 am to 1:00 pm at the Vocational Rehabilitation Office, 1947 West Darlington Street, Florence.

This fair, which targets the Pee Dee region, is part of an annual series of fairs, including the Low Country, the Upstate, and the Midlands.  The partner organizations structure these expos for South Carolinians with a criminal record in order to provide some focused support to these motivated job seekers.

“Studies have demonstrated the transformative impact a job has on individuals. Our state partners have tremendous expertise in hosting these resource fairs and we welcome the opportunity to work with them with a goal of full employment for all South, including specifically individuals with a criminal history,” said U.S. Attorney Beth Drake.  “We are excited to connect those who attend with employment opportunities and other critical resources and help.” 

The fair and expo will include area employers and other organizations that support the employment process to include the Alston Wilkes Society and the Greater Employment Advocacy Association.  Probationers, parolees, or any individual with challenges in their background are encouraged to attend. Employers from varied industry will be present, including construction, manufacturing, and food services. Employers will be receiving resumes and available to discuss job opportunities at their places of business. The event will also feature workshops on how to seek expungements and pardons of prior criminal convictions.

Professional dress is required. Discounted SLED criminal background checks will be available on site. 

Any interested employers or vendors should inquire with Diana Goldwire at (864) 315-9751 or dgoldwire@dew.sc.gov or Vickie Tyner at vtyner@dew.sc.gov. 

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Columbia, South Carolina-------United States Attorney Beth Drake announced today that Brandon Michael Council, age 32, of Wilson, North Carolina, will make his initial appearance in a South Carolina courtroom at a hearing set for Thursday afternoon, September 14, 2017, at 2:30 P.M. at the McMillan Federal Building in Florence, South Carolina, 401 West Evans Street, Florence, South Carolina, 29501.

Council has been charged in a criminal complaint with Armed Bank Robbery with a Deadly Weapon Resulting in Death and with Use, Carry, and Possession of a Firearm in Furtherance of a Crime of Violence and appeared in federal court on August 24, 2017, for a hearing in Greenville, North Carolina, shortly after his arrest.  Council remains in federal custody.

The case is being investigated by Special Agents with the Federal Bureau of Investigation, Conway Police Department,  South Carolina Law Enforcement Division, 15th Circuit Solicitor’s Office, South Carolina Highway Patrol, Horry County Police Department, Horry County Sheriff’s Office,  Myrtle Beach Police Department, Wilson North Carolina Police Department, Greenville North Carolina Police Department, Bureau of Alcohol Tobacco and Firearms, and the United States Marshal’s Service.

The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
 

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COLUMBIA, SOUTH CAROLINA – Beth Drake, United States Attorney for the District of South Carolina, is urging South Carolina residents and businesses to be aware of and immediately report suspected fraud, waste or abuse relating to recovery, cleanup or relief operations for victims of Irma.

In anticipation of unprecedented fraud in connection with federal disaster relief following Hurricanes Katrina, Rita and Wilma, a Joint Command Center was established in Baton Rouge, La., to coordinate reports of fraud. The Command Center, now known as the National Center for Disaster Fraud, has since expanded its mission to include suspected fraud from any natural or manmade disaster. More than 20 federal agencies participate in the center, allowing it to act as a centralized clearinghouse of information. To date, the National Center for Disaster Fraud has received and screened more than 38,000 complaints and has referred more than 24,000 complaints of disaster fraud to law enforcement for investigation. From the Haiti earthquake to the floods in Rhode Island to tornadoes in Kansas - the U. S. Department of Justice and our partners in federal, state and local enforcement have protected benefits destined for our citizens who have been victimized by these disasters.

The public is reminded to be extremely cautious before providing personal identifying information or account data to anyone, especially those who may contact you.  Please also be sure to undertake necessary inquiries before giving contributions to anyone soliciting contributions on behalf of disaster victims.

Members of the public who suspect fraud, waste, abuse or allegations of mismanagement involving disaster relief operations, or if you believe you have been victim of fraud from a person or an organization soliciting relief funds on behalf of disaster victims, please contact the National Disaster Fraud Hotline toll free at (866) 720-5721.  The telephone line is staffed by a live operator 24 hours a day, 7 days a week.  You can also fax information to the Center at (225) 334-4707 or email it to disaster@leo.gov. Fraud may also be reported directly to the United States Attorney’s Office in Columbia by contacting Assistant US Attorney John Potterfield at (803) 929-3000 or john.potterfield@usdoj.gov.

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Washington - Family Medicine Centers of South Carolina LLC (FMC), has agreed to pay the United States $1.56 million, and FMC’s principal owner and former chief executive officer, Dr. Stephen F. Serbin, and its former Laboratory Director, Victoria Serbin, have agreed to pay $443,000 to resolve a False Claims Act lawsuit alleging that they submitted and caused the submission of false claims to the Medicare and TRICARE programs.  FMC is a physician-owned chain of family medicine clinics located in and around Columbia, South Carolina, whose practices include Springwood Lake Family Practice, Woodhill Family Practice, Midtown Family Medicine, Saluda Pointe Family Medicine, Lake Murray Family Medicine, and the now closed Rice Creek Family Medicine. 

The settlements announced today resolve allegations that FMC, as directed by Dr. Serbin, submitted claims to the Medicare Program that violated the physician self-referral prohibition, commonly known as the Stark Law, which is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives.  The Stark Law forbids a clinic from billing Medicare for certain services ordered by physicians who have a financial relationship with the entity.  In this case, the government alleged that the Stark Law was violated by FMC’s incentive compensation plan that paid FMC’s physicians a percentage of the value of laboratory and other diagnostic tests that they personally ordered through FMC, which FMC then billed to Medicare.  Dr. Serbin, FMC’s co-owner and chief executive, allegedly initiated this program and reminded FMC’s physicians that they needed to order tests and other services through FMC in order to increase FMC’s profits and to ensure that their take-home pay remained in the upper level nationwide for family practice doctors.

“Financial arrangements that compensate physicians for referrals can sometimes encourage physicians to make decisions based on financial gain rather than patient needs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.  “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs and drive up the cost of healthcare for taxpayers.”

The settlements also resolve allegations that FMC, Dr. Serbin, and Victoria Serbin submitted and caused the submission of false claims to Medicare and TRICARE for medically unnecessary laboratory services by creating custom laboratory panels comprised of diagnostic tests not appropriate for routine measurement, performing these tests without an order from the treating physician, implementing standing orders to assure these custom panels were performed with defined frequency and not in reaction to clinical need, and programming FMC’s billing software to systematically change certain billing codes for laboratory tests to ensure payment by Medicare.

“Healthcare decisions should be made by physicians based on medical science and not with regard to maximizing the doctor’s own income,” said U.S. Attorney Beth Drake for the District of South Carolina.  “Our goal in bringing this case was not only to recover money for improper healthcare claims, but also to deter similar conduct and promote health care affordability.”

The allegations settled today arose from a lawsuit filed by a physician formerly employed by FMC, Dr. Catherine A. Schaefer, 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 in any recovery.  Dr. Schaefer will receive $340,510.

As part of the settlement announced today, FMC and the Serbins have also agreed to enter into a Corporate Integrity Agreement with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), which ensures the Serbins will have no management role in FMC for five years and obligates FMC to undertake other substantial internal compliance reforms, including hiring an independent review organization to conduct annual claims reviews.

“Patients and taxpayers should expect that doctors’ best medical judgement is not clouded by improper financial incentives,” said Special Agent in Charge Derrick L. Jackson for HHS-OIG.  “We will work tirelessly with our law enforcement partners to preserve government health funds by bringing violators to justice.”

“We applaud the Department of Justice and the U.S. Attorney for the District of South Carolina for holding this provider accountable for its actions,” said Deputy Director Guy Kiyokawa of the Defense Health Agency.  “The provider’s actions impacted American service members, veterans and their families, diverting valuable resources through unnecessary tests.  The Defense Health Agency continues to work closely with the Justice Department and other state and federal agencies to investigate all those who participated in these nefarious, fraudulent practices.”

This case was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of South Carolina, HHS-OIG and the Defense Health Agency. 

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, and there has been no determination of liability.   The case is captioned United States ex rel. Schaefer v. Family Medicine Centers of South Carolina, LLC, Stephen F. Serbin, M.D. and Victoria Serbin, No. 3:14-cv-342-MBS (D.S.C.).

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Family Medicine Centers of South Carolina LLC (FMC), has agreed to pay the United States $1.56 million, and FMC’s principal owner and former chief executive officer, Dr. Stephen F. Serbin, and its former Laboratory Director, Victoria Serbin, have agreed to pay $443,000 to resolve a False Claims Act lawsuit alleging that they submitted and caused the submission of false claims to the Medicare and TRICARE programs.  FMC is a physician-owned chain of family medicine clinics located in and around Columbia, South Carolina, whose practices include Springwood Lake Family Practice, Woodhill Family Practice, Midtown Family Medicine, Saluda Pointe Family Medicine, Lake Murray Family Medicine, and the now closed Rice Creek Family Medicine. 

The settlements announced today resolve allegations that FMC, as directed by Dr. Serbin, submitted claims to the Medicare Program that violated the physician self-referral prohibition, commonly known as the Stark Law, which is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives.  The Stark Law forbids a clinic from billing Medicare for certain services ordered by physicians who have a financial relationship with the entity.  In this case, the government alleged that the Stark Law was violated by FMC’s incentive compensation plan that paid FMC’s physicians a percentage of the value of laboratory and other diagnostic tests that they personally ordered through FMC, which FMC then billed to Medicare.  Dr. Serbin, FMC’s co-owner and chief executive, allegedly initiated this program and reminded FMC’s physicians that they needed to order tests and other services through FMC in order to increase FMC’s profits and to ensure that their take-home pay remained in the upper level nationwide for family practice doctors.

“Financial arrangements that compensate physicians for referrals can sometimes encourage physicians to make decisions based on financial gain rather than patient needs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.  “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs and drive up the cost of healthcare for taxpayers.”

The settlements also resolve allegations that FMC, Dr. Serbin, and Victoria Serbin submitted and caused the submission of false claims to Medicare and TRICARE for medically unnecessary laboratory services by creating custom laboratory panels comprised of diagnostic tests not appropriate for routine measurement, performing these tests without an order from the treating physician, implementing standing orders to assure these custom panels were performed with defined frequency and not in reaction to clinical need, and programming FMC’s billing software to systematically change certain billing codes for laboratory tests to ensure payment by Medicare.

“Healthcare decisions should be made by physicians based on medical science and not with regard to maximizing the doctor’s own income,” said U.S. Attorney Beth Drake for the District of South Carolina.  “Our goal in bringing this case was not only to recover money for improper healthcare claims, but also to deter similar conduct and promote health care affordability.”

The allegations settled today arose from a lawsuit filed by a physician formerly employed by FMC, Dr. Catherine A. Schaefer, 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 in any recovery.  Dr. Schaefer will receive $340,510.

As part of the settlement announced today, FMC and the Serbins have also agreed to enter into a Corporate Integrity Agreement with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), which ensures the Serbins will have no management role in FMC for five years and obligates FMC to undertake other substantial internal compliance reforms, including hiring an independent review organization to conduct annual claims reviews. 

“Patients and taxpayers should expect that doctors’ best medical judgement is not clouded by improper financial incentives,” said Special Agent in Charge Derrick L. Jackson for HHS-OIG.  “We will work tirelessly with our law enforcement partners to preserve government health funds by bringing violators to justice.”

“We applaud the Department of Justice and the U.S. Attorney for the District of South Carolina for holding this provider accountable for its actions,” said Deputy Director Guy Kiyokawa of the Defense Health Agency.  “The provider’s actions impacted American service members, veterans and their families, diverting valuable resources through unnecessary tests.  The Defense Health Agency continues to work closely with the Justice Department and other state and federal agencies to investigate all those who participated in these nefarious, fraudulent practices.”

This case was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of South Carolina, HHS-OIG and the Defense Health Agency. 

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, and there has been no determination of liability.   The case is captioned United States ex rel. Schaefer v. Family Medicine Centers of South Carolina, LLC, Stephen F. Serbin, M.D. and Victoria Serbin, No. 3:14-cv-342-MBS (D.S.C.).

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Andrew Garcia, age 21, of Conway, was sentenced in Florence yesterday to 100 months imprisonment followed by a three-year term of supervised release. On April 18, 2017, Garcia entered a guilty plea in federal court to three counts of distribution of heroin. United States District Judge R. Bryan Harwell imposed the sentence. 

The evidence presented at the guilty plea hearing and sentencing hearing established that, pursuant to a heroin trafficking investigation in Horry County, a team of law enforcement from multiple agencies conducted  extensive surveillance and effected several controlled purchases of heroin from targets of the investigation.  Agents made two controlled purchases of heroin from Garcia in August 2014 and a third controlled purchase of heroin in September 2014.  Agents also obtained warrants to search two Myrtle Beach residences linked to Garcia where they recovered over 600 grams of heroin, nine firearms, and $68,000 in cash.

The case was investigated by agents with the Fifteenth Circuit Drug Enforcement Unit (DEU), the Horry County Police Department (HCPD), and the DEA.  Assistant United States Attorney Christopher D. Taylor of the Florence office prosecuted the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake announced today that Carlton Tyrone Nash, age 37, of Greenville, was sentenced to 310 months (25.8 years) in federal prison.  In April of this year, a jury returned a guilty verdict, following a two-day jury trial in federal court in Anderson, finding Nash guilty of possession by a firearm and ammunition by a felon.  United States District Court Judge Timothy M. Cain, who presided over the trial, sentenced Nash yesterday in Anderson.

The government presented multiple witnesses during the course of the trial.  Witness testimony and the evidence presented by the government at trial established that in the early morning hours of Tuesday, March 22, 2016, Nash, while wearing a Hillary Clinton mask, forced entry into a residence and fired a shot from the .25 caliber pistol he obtained earlier that day.  The shot barely missed one of the residents of the house.  Nash then dragged that resident from the home at gunpoint into the street where a fight ensued.  While Nash and his initial victim were fighting, the victim’s roommate exited the house with a baseball bat, striking Nash in the head with the bat.  After a blow to the head from the bat, Nash removed his now bloodied mask revealing his identity to the victims.  Nash dropped the gun during the scuffle in the street and left his mask behind as he fled the scene.

After receiving a 911 call from the initial victim, members of the Greenville County Sheriff’s Office (GCSO) responded within minutes.  A forensic technician from the Greenville County Forensic Division arrived shortly thereafter to process the scene and collect evidence.  Experts from the Greenville County Forensics Division were able to match Nash’s DNA to the blood in the recovered mask.  Based on their investigation, GCSO investigators were able to obtain an arrest warrant for Nash and arrested him just days after the offense. Working in concert with GCSO through the multi-agency initiative “Operation Real Time”, Special Agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) served a federal arrest warrant on Nash shortly after his state arrest.  Nash, after being advised of his Miranda rights, admitted to ATF agents that he had the mask and the gun.  Nash has been detained since this incident and remains in custody.

The Nash case was expedited for federal prosecution pursuant to “Operation Real-Time.”  The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community.  “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors.  Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 160 firearms as well as assorted ammunition from prohibited persons in the upstate.

“ATF is extremely appreciative of our partners and this collaborative effort to make our communities safer,” said Charlotte Field Division’s Special Agent in Charge C.J. Hyman. “ATF has committed our resources to help tackle illegal firearms possession and violent crime.  That commitment, combined with the cooperation of the Greenville County Sheriff’s Office and other local law enforcement agencies, our federal partners, the 13th Circuit Solicitor’s Office and the U.S. Attorney’s Office, has resulted in a very successful effort with a long-term impact on violent crime in the upstate and beyond.”

U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together.  This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”

The case was investigated by the Greenville County Sheriff’s Office, the Greenville County Forensic Division, the South Carolina Law Enforcement Division (SLED), and the ATF. Assistant United States Attorney William J. Watkins and First Assistant United States Attorney A. Lance Crick prosecuted the case.

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Charleston, South Carolina ---- United States Attorney Beth Drake stated today that Lecelle Montgomery, age 32, of Bluffton, S.C., pled guilty in federal court in Charleston, to Bank Fraud, a violation of Title 18, United States Code, Section 1344.  United States District Judge Richard Gergel, of Charleston, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.  Montgomery faces up to thirty years in federal prison.

Evidence presented at the change of plea hearing established that beginning in or about 2008 and continuing up to at least in or around late 2012, Montgomery, a former financial adviser, began receiving funds from individuals living in the Bluffton area of South Carolina, ostensibly to invest on their behalf.  Instead of investing the money, however, Montgomery admitted to spending it to either gamble or use it for personal expenses.

The case was investigated by the Federal Bureau of Investigation.  Assistant United States Attorney Matt Austin of the Charleston office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Alvin Jamal Bobo, age 36, of Spartanburg, pled guilty in federal court in Greenville to felon in possession of a firearm and ammunition, possession with intent to distribute marijuana, and possession of a firearm in furtherance of a drug trafficking crime. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Bobo, based on prior felony convictions, is prohibited from possessing firearms or ammunition. He faces a statutory, mandatory minimum sentence of five years in federal prison.

Evidence presented at the guilty plea hearing established that on July 16, 2016, members of the Spartanburg City Police Department (SPD) initiated a traffic stop on a vehicle driven by Alvin Jamal Bobo. After detecting the odor of marijuana, SPD searched the vehicle, recovering a Tupperware container under the driver’s seat containing 30 grams of marijuana, a digital scale in the driver’s door, a box of clear baggies, and a Sig Saur .22 caliber pistol from behind the passenger front seat.  As SPD was removing and securing the firearm, Bobo claimed it.  Pursuant to Bobo’s arrest, SPD also located a small amount of marijuana in his left shoe.

The Spartanburg Police Department and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the US Attorney’s Office, is prosecuting the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Timothy Andrew Wofford, age 39, of Campobello, pled guilty  in federal court in Greenville to felon in possession of a firearm and ammunition. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Wofford, based on prior felony convictions, is prohibited from possessing firearms or ammunition. He faces a statutory maximum sentence of 10 years in federal prison.

Evidence presented at the change of plea hearing established that on the evening of October 6, 2016, members of the Spartanburg County Sheriff’s Office (SCSO) and the South Carolina Highway Patrol (SCHP) responded to a vehicular accident in Campobello, South Carolina. Timothy Wofford was the driver of the vehicle involved and was thrown from the vehicle during the wreck.  Officers recovered a 9mm pistol next to Wofford and secured a 12-gauge shotgun from the Wofford’s vehicle.  The 9mm pistol was reported stolen out of Lebanon, Tennessee. 

The Spartanburg County Sheriff’s Office, South Carolina Highway Patrol, and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the US Attorney’s Office, is prosecuting the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Tikita Foster, age 31, of Spartanburg, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearm and ammunition and possession of a firearm and ammunition after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Foster has prior prohibiting convictions to include a conviction for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison.

Evidence presented at the guilty plea hearing established that on May 13, 2016, officers with the Spartanburg Police Department (SPD) were dispatched to a Farley Street residence in reference to a fight outside involving weapons.  Upon arrival, SPD made contact with Tikita Foster and another individual who were outside the residence arguing.  When asked by SPD if either had any weapons on them, Foster stated that he had a weapon.  SPD then recovered a loaded Smith and Wesson .40 caliber pistol from Foster.  Foster later told SPD that the firearm belonged to his girlfriend but that he had it because someone was trying to fight his cousin. 

The Spartanburg Police Department and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Tikita Foster, age 31, of Spartanburg, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearm and ammunition and possession of a firearm and ammunition after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Foster has prior prohibiting convictions to include a conviction for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison.

Evidence presented at the guilty plea hearing established that on May 13, 2016, officers with the Spartanburg Police Department (SPD) were dispatched to a Farley Street residence in reference to a fight outside involving weapons.  Upon arrival, SPD made contact with Tikita Foster and another individual who were outside the residence arguing.  When asked by SPD if either had any weapons on them, Foster stated that he had a weapon.  SPD then recovered a loaded Smith and Wesson .40 caliber pistol from Foster.  Foster later told SPD that the firearm belonged to his girlfriend but that he had it because someone was trying to fight his cousin. 

The Spartanburg Police Department and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.

             
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Columbia, South Carolina ---- United States Attorney Beth Drake stated that Richard Herman Roach, III, age 28, of Camden, was sentenced in federal court after earlier pleading guilty to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Senior United States District Judge Cameron McGowan Currie, of Columbia, sentenced Roach to a total of 63 months imprisonment with 3 years of supervised release to follow. The sentence consists of 51 months imprisonment on the firearm charge and 12 months imprisonment, to be served consecutively, on a revocation of Roach’s 2010 federal drug conviction.

Evidence presented in court hearing established that at approximately 2:35 am on July 2, 2016, a deputy with the Kershaw County Sheriff’s Department tried to stop a speeding vehicle on Highway 34. The vehicle failed to stop and a chase ensued with speeds up to 100 mph. After the driver lost control trying to make a turn and the vehicle ended up in a ditch, the deputy approached and noticed Roach, the driver and sole occupant, reaching underneath the seat. After removing Roach from the vehicle, the deputy found a loaded Ruger .45 caliber pistol in the front area of the vehicle and a small bag of marijuana in Roach’s front pants pocket. Roach was arrested on state charges. While in transport to the detention center, Roach escaped from deputies, but was apprehended shortly thereafter by a K-9 tracking team.

Roach is prohibited under federal law from possessing firearms and ammunition based upon his prior federal conviction for conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine and 5 grams or more of crack cocaine and a prior state conviction for forgery. At the time of the July 2016, incident, Roach was on federal supervised release after previously serving a 60 months’ imprisonment sentence on the drug charge. Roach was released from federal prison in February 2015 and in November 2015, his federal supervised release was revoked and he was sent back to federal prison. He was released again from federal prison in May 2016, two months prior to this incident.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Kershaw County Sheriff’s Office and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Hector Tavoris Gonzalez, age 30, of Wellford, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearm and possession of a firearm after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Gonzalez has prior prohibiting convictions to include a prior convictions for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison and remains in custody.

Evidence presented at the guilty plea hearing established that on September 11, 2016, shortly after midnight, officers with the Spartanburg Police Department (SPD) responded to Westview Blvd in reference to a man firing a gun at a woman. At the scene, the victim relayed to officers that a male, later identified as Hector Gonzalez, had a gun. A witness also told officers that they saw Gonzalez shooting a black handgun at the female victim in a parking lot. SPD recovered three .40 caliber shell casings from the parking lot. Two additional shell casings were located in the street. 

In a detailed statement to SPD, the victim relayed that she and Gonzalez had gotten into an argument that led to a physical altercation. After the altercation, Gonzalez fired shots towards the vehicle that the victim was driving. Several bullet holes were observed in the vehicle. The victim also told officers that Gonzalez threw the gun aside when he saw SPD approaching. SPD searched the area and located a Glock .40 caliber pistol in the yard of a residence one house south of where the victim was contacted.

The prosecution of Gonzalez’s case in federal court is a direct result of “Home Front,” a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette.  The initiative launched in December of 2016 and has the full support and partnership of the U.S. Attorney’s Office.  This case and others are being prosecuted by Special Assistant United States Attorney Jennifer Wells, who is a 7th Circuit Assistant Solicitor specially designated by the United States Attorney’s Office to handle cases from the Seventh Circuit.

Modelled after a program started in High Point, North Carolina, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office.  The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort. According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts.

Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.  According to the 2015 Violence Policy Center “When Men Murder Women” report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew.  In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.

Solicitor Barnette has had enough.  “Domestic violence is violence, period.  It continues to plague our community--so costly and harmful to families and children, persisting year after year.  It is time for these offenders to get our best shot—our best efforts.  That is Home Front.”

United States Attorney Beth Drake agrees.  “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms (ATF) welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community.  The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing.  Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”

The Spartanburg Police Department and ATF investigated the Gonzalez case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Herbert Daniel Fitch, age 48, of Simpsonville, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearms and ammunition and possession of firearms and ammunition after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Fitch has prior prohibiting convictions to include three prior convictions for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison and remains in custody.

Evidence presented at the guilty plea hearing established that on July 28, 2016, members of the Spartanburg County Sheriff’s Office (SCSO) responded to a 911 call from the Caroline Inn and Suites where sounds of a woman screaming as well as a possible gunshot sound were captured.  Upon their arrival, SCSO found the disturbance to be coming from Room 212 where they encountered Herbert Fitch with a gun in his waistband.  As SCSO heard additional commotion from inside Room 212, Fitch fled. SCSO quickly located Fitch attempting to leave the hotel in a vehicle.  After Fitch disregarded SCSO’s commands for him to stop the vehicle, SCSO used stop sticks to deflate Fitch’s tires.  Fitch remained uncooperative though until he eventually surrendered to law enforcement.  SCSO recovered two rounds of 9mm ammunition and a knife from the vehicle.  Fitch was also out on bond when this conduct occurred for another pending criminal domestic violence arrest from 2015.

The prosecution of Fitch’s case in federal court is a direct result of “Home Front,” a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette.  The initiative launched in December of 2016 and has the full support and partnership of the U.S. Attorney’s Office. This case and others are being prosecuted by Special Assistant United States Attorney Jennifer Wells, who is a 7th Circuit Assistant Solicitor specially designated by the United States Attorney’s Office to handle cases from the Seventh Circuit. Modelled after a program started in High Point, North Carolina, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office.  The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort.

According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts. Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.

According to the 2015 Violence Policy Center “When Men Murder Women” report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew. In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.

Solicitor Barnette has had enough.  “Domestic violence is violence, period.  It continues to plague our community--so costly and harmful to families and children, persisting year after year.  It is time for these offenders to get our best shot—our best efforts.  That is Home Front.”

United States Attorney Beth Drake agrees.  “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms (ATF) welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community.  The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing.  Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”

The Spartanburg Police Department and ATF investigated the Fitch case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.

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ASHEVILLE, N.C. – U.S. District Judge Max O. Cogburn, Jr. sentenced yesterday a South Carolina man to 17 ½ years in prison and a lifetime of supervised release, on the charge of interstate transportation of a minor with the intent to engage in criminal sexual activity, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. As part of his sentence, Joseph Harold Patterson, 58, of Anderson, S.C. was also ordered to register on the sex offender registry, to pay a $20,000 court fine and $4,538.42 as restitution.

Chief Ranger Steven Kloster of the Great Smoky Mountains National Park Service   joins
U.S. Attorney Rose in making today’s announcement.

“Mr. Patterson has received a well-deserved lengthy prison sentence for abusing these young men. Some say there is a special place in hell for child abusers and we cannot promise  Mr. Patterson will receive that just punishment, but we can guarantee that he will receive a place in the federal penitentiary and for now, that’s the best we can do,” said U.S. Attorney Rose.

“We are thankful to see justice prevail and hope that the individuals impacted by these despicable crimes are able to find some measure of solace in Mr. Patterson’s punishment,” said Great Smoky Mountains National Park Chief Ranger Steven Kloster.
According to court documents and information introduced at the sentencing hearing, in April 2015, a concerned parent contacted law enforcement to report that his child had been the victim of inappropriate sexual activity by Patterson, and that the conduct had occurred during camping trips arranged by the defendant. Court records show that between 2009 and 2011, Patterson had made at least three camping trips transporting at least three minor victims from Anderson, S.C. to the Smokemont Campground, located within the Great Smoky Mountains National Park. Court records also show that Patterson knew the minors through his affiliation with  a  church  in  Anderson.   According to  court  records,  during the  camping trips  Patterson encouraged the minors to engage in sexual activities in his presence. At times, Patterson also exposed himself to the minors and/or engaged in sexual activities in front of the minors.

In addition to the out-of-state camping trips, court records show that  Patterson  had regular contact with the three victims and other children in his own home. During those encounters, Patterson gave the minors alcohol, shared pornography, discussed sexual topics and encouraged them to engage in sexual activities. Patterson also bought gifts for some of the children and took them out to restaurants, among other things. Court records show that on one occasion, Patterson attended an evening church event, during which he showed pornography to three minor children and encouraged them to engage in a sexual activity in the church bathroom.

Patterson pleaded guilty in February 2017 to one count of interstate transportation of a minor to engage in sexual activity. Patterson is currently in the custody of the United States Marshal pending his designation to a Federal Bureau of Prisons facility.  All federal sentences  are served without the possibility of parole.

In making today’s announcement U.S. Attorney Rose commended the National Park Service Investigative Services Branch for leading the investigation. U.S. Attorney Rose also thanked the Anderson Police Department in South Carolina and the South Carolina Attorney General’s Office for their assistance in this case. The U.S. Attorney’s Office in Asheville prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

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Columbia, South Carolina --- United States Attorney Beth Drake announced today that Aquabeus Demond Moore, 37, of Atlanta, Georgia, was sentenced today to thirty-two years and one day by the Honorable Richard M. Gergel in Charleston, South Carolina.  Moore was convicted of five separate counts, one count of Conspiracy to Commit Robbery Affecting Interstate Commerce, two counts of Robbery Affecting Interstate Commerce, and two counts of Brandishing a Firearm During a Violent Crime, following a four-day jury trial in United States District Court in Charleston.

Witness testimony and the evidence presented by the government during the trial established that Moore and others travelled from Atlanta to rob Sylvan Jewelers in Columbia, SC, on February 19, 2015, and MP Demetre Jewelers in Charleston, SC, on March 4, 2015.  During both robberies, two masked men entered the jewelry stores during business hours.  One man held the employees at gunpoint while the other man smashed the Rolex cases with sledgehammers.  In total, the robbers stole 88 Rolex watches from the jewelry stores, valued at over one million dollars.  Among other evidence presented during the trial, cell site location evidence established that, after traveling from Atlanta, Moore’s phone was in Columbia during the time of the Sylvans robbery and in Charleston during the time of the MP Demetre robbery.  Further evidence presented during the trial established that Moore had a picture of one of the stolen Rolex watches on his phone.  Investigators also recovered Moore’s fingerprint from the getaway vehicle used in the robbery of MP Demetre Jewelers.  

The conviction is the result of an investigation conducted by the Federal Bureau of Investigations, City of Charleston Police Department and Columbia Police Department. Assistant United States Attorneys Nathan Williams and Emily Limehouse prosecuted the case.

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Greenville, South Carolina---- United States Attorney Beth Drake stated today that Johnny Ray Hamby, age 53, of Travelers Rest, South Carolina, pled guilty in federal court in Greenville pursuant to his federal indictment for felon in possession of firearms and ammunition.  United States District Court Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation has prepared a presentence report.  Hamby is prohibited from possessing firearms or ammunition based on his prior felony convictions.  He faces up to ten years in federal prison.

Evidence presented by the government during the guilty plea hearing established that on March 10, 2017, members of the Greenville County Sheriff’s Office (GCSO) responded to Hamby’s residence in relation to a possible drug overdose victim.  During the initial investigation, GCSO observed a revolver and ammunition in plain view inside the residence.  After then obtaining a search warrant for the residence, GCSO searched the house and recovered twenty-one firearms and assorted ammunition.

Hamby’s case was expedited for federal prosecution pursuant to Operation “Real Time.”  The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community.  “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors.  Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 165 firearms as well as assorted ammunition from prohibited persons in the upstate.

U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together.  This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”

The Greenville County Sheriff’s Office and ATF investigated the case.  Assistant United States Attorney Max Cauthen is prosecuting the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake announced today that a jury returned a guilty verdict following a one-day jury trial in federal court in Greenville, South Carolina Monday.   The jury found Alvin Andrae Drummond, age 41, of Greenville, guilty of possession of a firearm and ammunition by a person who had been convicted of both a felony and a misdemeanor crime of domestic violence.  The trial was held before Senior United States District Judge Henry M. Herlong, Jr., of Greenville.  Judge Herlong will impose a sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.  Drummond faces up to Life in prison and remains in custody.

Witness testimony and the evidence presented by the government at trial established that on May 10, 2017, deputies from the Greenville County Sheriff’s Office went to the RedRoof Inn in Greenville to investigate information they had received about methamphetamine, heroin, and pills being sold from Room 131 of the motel.  The deputies were allowed into the room and found 8 people, including Alvin Drummond.  The deputies saw drug paraphernalia and other indicators of drug activity and obtained a search warrant for the room.  During the execution of the search warrant, deputies found a book bag that contained a loaded Smith & Wesson 38. caliber revolver, 23 additional rounds of ammunition, and Alvin Drummond’s wage paperwork. 

A Greenville County Sheriff’s Office Investigator and Task Force Officer (TFO) with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) interviewed Drummond.  After being advised of his Miranda rights, Drummond admitted the book bag was his, but denied knowledge of the gun.    The TFO then questioned each person who had been in the room in front of Drummond, asking them if they: (1) put the revolver in the book bag; (2) saw anyone else put the gun in the book bag; or (3) if anyone else had left the room since Drummond arrived.  Each person answered no to all of the questions, and Drummond stated that he did not think any of them were lying.

A Greenville County Forensic Technician arrived on scene and collected the evidence.  The Forensic Technician processed the gun and found a fingerprint on the cylinder of the Smith & Wesson revolver.  A Latent Print Examiner from the Greenville County Forensics Division identified the fingerprint as belonging to Alvin Drummond.

Drummond’s case was expedited for federal prosecution pursuant to Operation “Real Time.”  The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community.  “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors.  Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 165 firearms as well as assorted ammunition from prohibited persons in the upstate.

“ATF is extremely appreciative of our partners and this collaborative effort to make our communities safer,” said Charlotte Field Division’s Special Agent in Charge C.J. Hyman. “ATF has committed our resources to help tackle illegal firearms possession and violent crime.  That commitment, combined with the cooperation of the Greenville County Sheriff’s Office and other local law enforcement agencies, our federal partners, the 13th Circuit Solicitor’s Office and the U.S. Attorney’s Office, has resulted in a very successful effort with a long-term impact on violent crime in the upstate and beyond.”

U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together.  This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”

The case was investigated by the Greenville County Sheriff’s Office, the Greenville County Forensic Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney Jamie Schoen prosecuted the case.

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Greenville, South Carolina---- United States Attorney Beth Drake stated today that Corey Rashad Yeargin, age 24, of Mountville, South Carolina, pled guilty in federal court in Greenville, pursuant to an indictment for possession with intent to distribute crack cocaine.  United States District Court Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a presentence investigation report.  Yeargin faces up to 20 years in federal prison.

Evidence presented by the government during the plea established that on October 5, 2016, members of the Laurens County Sheriff's Office (LCSO) executed a search warrant at a residence in Cross Hill, South Carolina. LCSO Deputies heard gunfire as they approached the residence and detained multiple individuals, including Yeargin, at the residence.  LCSO located a bag containing 13 grams of crack cocaine in Yeargin’s pocket. 

The Laurens County Sheriff’s Office and ATF investigated the case.  Assistant United States Attorney Max Cauthen is prosecuting the case.

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Greenville, South Carolina---- United States Attorney Beth Drake stated today that Oran Kenta Crisp, age 37, of Greenville, South Carolina, pled guilty in federal court in Greenville pursuant to a federal indictment for felon in possession of a firearm and ammunition. United States District Court Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation has prepared a presentence investigation report.  Crisp faces up to ten years in federal prison and remains in custody.

Evidence presented by the government during the plea established that on March 23, 2017, members of the Greenville County Sheriff’s Office (GCSO) deputies responded to a shots-fired call at a residence in Greenville. Pursuant to their investigation on scene, GCSO recovered a Smith and Wesson .40 caliber pistol, a magazine loaded with .40 caliber ammunition in the back yard, and a spent .40 caliber cartridge in the front yard. When interviewed by GCSO, Crisp told responding Deputies that he was arguing with a friend over the return of a car and fired the weapon.

Crisp’s case was expedited for federal prosecution pursuant to Operation “Real Time.”  The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community.  “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors.  Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 165 firearms as well as assorted ammunition from prohibited persons in the upstate.

U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together.  This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”

The Greenville County Sheriff’s Office and ATF investigated the case.  Assistant United States Attorney Max Cauthen is prosecuting the case.

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Greenville, South Carolina---- United States Attorney Beth Drake stated that Crystal Hudson, age 36, of Honea Path, South Carolina,  Travis Attaway, age 26, of Belton, South Carolina, and Evan Tatham, age 26, of Anderson, South Carolina, entered guilty pleas yesterday in federal court in Greenville to Conspiracy to Pass Counterfeit Federal Reserve Notes, in violation of Title 18 U.S.C. § 371.  United States District Judge Timothy M. Cain of Anderson accepted the guilty plea and will impose the sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Crystal Hudson manufactured and trained others to manufacture counterfeit federal reserve notes in the Upstate of South Carolina.  Evan Tatham transported counterfeit notes and manufacturing material for a co-conspirator and passed counterfeit notes in exchange for drugs.  Travis Attaway received counterfeit from multiple co-conspirators and passed it at locations including the Stop-A-Minute and Bojangles in Belton, SC.

Ms. Drake stated that the maximum penalty Hudson, Tatham, and Attaway could receive is 5 years imprisonment and a fine of $250,000 dollars.   The case was investigated by the United States Secret Service, Anderson County Sheriff’s Office, Anderson Police Department, Belton County Police Department, Greenville County Sheriff’s Office, Easley Police Department, and the South Carolina Department of Probation, Parole, and Pardon Services. Assistant United States Attorneys Jamie Lea Schoen of the Greenville office prosecuted the case.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Stanley Fard Harper, age 32, of Charlotte, pled guilty in federal court in Columbia to Aggravated Identity Theft, a violation of Title 18, United States Code, § 1028A.  United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will sentence him at a later date. 

Harper was an employee of The Lash Group, a health care consulting firm located in Ft. Mill, SC, since 2010.  Harper had access to the personal identification information (PII) of Lash’s customer pool.  Harper stole this information and used it to open bank and credit card accounts at Founders Federal Credit Union, also located in Ft. Mill.

Harper used Lash client files to set up fraudulent accounts at Founders using his personal cell phone.  He would then go to the Founders branch in Ft. Mill, deposit a nominal sum to show activity, then apply for a credit card linked to that account.  He would then use a fake North Carolina identification and a fake social security card matching the stolen identity to make cash advances and purchases.  He would then deposit additional money into the account to increase the credit limit on his card.  He used the fraudulent cards until they were suspended for nonpayment, and then he would get rid of all the documents.  He opened thirteen accounts.  He received his false identification documents from a website for $60 per set.  All of the cash advances and purchases were for personal items.

Harper also opened fraudulent accounts at Charlotte Metro Federal Credit Union, Truliant Federal Credit Union, and Chase Bank USA.  The total actual loss to all the financial institutions was $75,571.51. 

Ms. Drake stated the statutorily mandated penalty faced by Harper is imprisonment for two years, with a potential fine up to $250,000.

The United States Secret Service investigated the case.  Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.

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Columbia, South Carolina---- United States Attorney Beth Drake stated that David Lee Cook, age 38, of Central, South Carolina, entered a guilty plea yesterday in federal court in Greenville to Possession with Intent to Distribute 50 Grams or More of a Substance Containing Methamphetamine, in violation of Title 21 U.S.C. § 841.  United States District Judge Timothy M. Cain accepted the guilty plea and will impose the sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that on May 5, 2017, law enforcement observed someone throw a brown bag from the window of a car.  Officers collected the brown bag and located methamphetamine.  Officers pulled over the vehicle, in which Cook was the passenger.  Cook confessed that he had thrown the bag of drugs out of the window when he saw the officer’s vehicle.  

Ms. Drake stated that the maximum penalty Cook could receive is 40 years imprisonment and a fine of $5,000,000 dollars.   The case was investigated by agents of Bureau of Alcohol, Tobacco and Firearms, and the Anderson County Sheriff’s Office. Assistant United States Attorneys Jamie Lea Schoen of the Greenville office prosecuted the case.

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Columbia, South Carolina---- United States Attorney Beth Drake stated today that Ernest Roberts, a/k/a “Balla Walla,” (age 41) of Allendale, South Carolina, was convicted this morning by a jury in Columbia, South Carolina, after a two-day trial in federal court.  Roberts was charged and convicted of possession with intent to distribute and distribution of crack cocaine, in violation of Title 21, United States Code, Section 841.

Audio and video evidence presented at trial established that on February 22, 2016, Roberts traveled to Bert’s Fast Stop and Pawn Store in Fairfax, South Carolina to meet with an informant working with the South Carolina Law Enforcement Division (SLED).  After discussing the meet on several recorded phone calls, evidence established that Roberts sold the informant 26.35 grams of “crack” cocaine in exchange for $1300.00 while standing near 10th Street in Fairfax.  SLED Agents testified that they observed the transaction and identified Ernest Roberts as the individual who met with the informant to conduct the controlled purchase.

During a pretrial conference held on the case on August 23, 2017, the parties discussed Roberts’ extensive prior record for drug distribution offenses.  As a result of his prior convictions for possession with intent to distribute oxycodone and crack cocaine in 2014, possession with intent to distribute marijuana in 2013, and distribution of cocaine in 2006, Roberts faces a statutory sentencing range of up to 30 years in federal prison as a result of his conviction.

This case was investigated by Special Agents with the South Carolina Law Enforcement Division (SLED) and Officers with the Allendale Police Department.  The case was prosecuted pursuant to 14th Circuit Solicitor Duffie Stone’s longstanding partnership with the United States Attorney’s Office to target career criminals in Beaufort, Jasper, Hampton, Colleton, and Allendale Counties in federal court. Solicitor Stone noted, “this case is an excellent example of how State and Federal cooperation can target and eliminate the threat of career criminals in South Carolina.”  Special Assistant United States Attorney Carra Henderson of the 14th Circuit Solicitor’s Office and Assistant United States Attorney JD Rowell of the US Attorney’s Office in Columbia prosecuted the case.

United States District Judge Mary G. Lewis of Columbia presided over the trial of the case and will impose sentence after a presentence investigation report has been prepared by the United States Probation Office.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Calvert J. Drummond, Jr., age 34, of Greenville, pled guilty today in federal court in Greenville, to conspiracy to commit wire fraud, a violation of Title 18, United States Code, Section 1349.  United States District Judge Timothy M. Cain, of Anderson, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
 
Evidence presented at the change of plea hearing established that Drummond represented to clients that he could obtain alternative financing for various projects that required large amounts of capital.  In exchange for a fee of several hundred thousand dollars, Drummond promised to secure bank guarantees worth millions.

Drummond would create fraudulent financial documentation regarding the alternative financing and show them to the clients. When pushed by clients on the delay of the financing or for a return of the fee paid, Drummond would blame the delays and other issues on various banks. 

Drummond had no mechanism to obtain the alternative financing promised; this was a fictitious story created to persuade clients to pay fees that Drummond used to pay personal expenses.  Agents estimate that Drummond stole over $700,000 during the scheme.

Ms. Drake stated the maximum penalty Drummond can receive is a fine of $250,000 and/or imprisonment for no more than 20 years, plus a special assessment of $100. 

The case was investigated by the Federal Bureau of Investigation.  Assistant United States Attorney Bill Watkins of the Greenville office handled the case.

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