FEDERAL DISTRICT ARCHIVE
Western District of Tennessee
Press releases recorded for this federal judicial district.
Texas Man Pleads Guilty to Trafficking 20 Kilos of CocaineRead the Press Release
Memphis, TN – Tellerick Simon, 34, pleaded guilty to federal charges of conspiracy to possess with intent to distribute more than 5 kilograms of cocaine and possession of more than 5 kilograms of cocaine with intent to distribute. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the guilty plea today.
According to information presented in court, on September 25, 2017, officers with the West Tennessee Drug Task Force conducted a traffic stop on eastbound I-40. A subsequent search of the vehicle revealed over 50 pounds of cocaine. The occupants were bringing the cocaine from Houston, Texas through the Western District of Tennessee en route to Knoxville.
A thorough investigation conducted by the Drug Enforcement Administration offices in Memphis, Tennessee; as well as Houston and Brownsville, Texas revealed 34-year-old Tellerick Simon as one of the key participants in trafficking the cocaine. On June 13, 2018, Simon pleaded guilty to charges of conspiracy to distribute cocaine and possession with intent to distribute cocaine. He faces a mandatory minimum sentence of at least 10 years up to life imprisonment.
Sentencing is scheduled for September 17, 2018 before U.S. District Judge Sheryl H. Lipman.
The West Tennessee Drug Task Force, an extension of the Shelby County District Attorney General’s Office, and the Drug Enforcement Administration investigated this case.
Special Assistant U.S. Attorney Joseph Griffith is prosecuting this case on the government’s behalf.
U.S. Attorney D. Michael Dunavant Selected to the 2018 Class of Leadership TennesseeRead the Press Release
Memphis, TN - Leadership Tennessee today announced its 45 Class VI members, leaders from rural and urban communities across Tennessee who will spend the next year engaging in collaborative, non-partisan dialogue on issues of statewide importance.
The 45 new class members represent each geographic region of the state, including the communities of Memphis, Martin, Jackson, Nashville, Clarksville, Murfreesboro, Knoxville, Kingsport, Johnson City and Chattanooga. Professional sectors represented include healthcare, education, economic development, government, tourism and agriculture.
Class VI members:
Adamsville: Commissioner Jai Templeton, Tennessee Department of Agriculture
Brentwood: Valerie Hayes, Managing Director, Deloitte
Bristol: Jerry Caldwell, Executive Vice President/General Manager, Bristol Motor Speedway; Senator Jon Lundberg, State of Tennessee
Columbia: Jeff Aiken, President, Tennessee Farm Bureau
Chattanooga: Jared T. Bigham, Executive Director, Chattanooga 2.0; Stacy Goodwin Lightfoot, Vice President College and Career Success, Public Education Foundation; Hodgen Mainda, Vice President Community Development, Electric Power Board – Chattanooga; David Steele, Director of Civic Engagement & Assistant Professor of Practice, University of Tennessee at Chattanooga; Dakasha Winton, Chief Government Relations Officer/Senior Vice President, Blue Cross Blue Shield of Tennessee
Clarksville: Charlie Koon, VP Corporate & Military Business Development, F&M Bank
Dresden: Mayor Jake Bynum, Weakley County
Franklin: Brigadier General Kurt Winstead, Director of Joint Staff, Tennessee National Guard
Jackson: Logan Hampton, President, Lane College; Justice Roger Page, Tennessee Supreme Court; Lisa Piercy, MD, Executive Vice President, West Tennessee Healthcare
Johnson City: Alan Levine, Chairman/CEO, Ballad Health
Kingsport: Mayor John Clark, City of Kingsport; Dr. Jeff McCord, Vice President, Economic and Workforce Development, Northeast State Community College; Aundrea Wilcox, Executive Director – KOSBE, Kingsport Chamber of Commerce
Knoxville: Pastor Daryl Arnold, Overcoming Believers Church; Robyn Jarvis Askew, Shareholder/Attorney, Lewis, Thomason, King, Krieg & Waldrop P.C.; Cynthia Gibson, Chief Legal & Business Affairs Officer (former), Scripps Networks Interactive; Dr. Victoria Neiderhauser, Dean and Professor, University of Tennessee Knoxville College of Nursing
Martin: Keith Carver, Chancellor, University of Tennessee at Martin
Maryville: Bryan Daniels, President & CEO, Blount Partnership
Memphis: Rob Clark, Chief Government Affairs Officer, St. Jude Children’s Research Hospital; Tosha Downey, Advocacy Director, Memphis Education Fund; Mike Dunavant, U.S. Attorney for the Western District of Tennessee, U.S. Department of Justice; Mitch Graves, President/CEO, HealthChoice LLC; Leslie Lynn Smith, President and CEO, EpiCenter Memphis; Tish Towns, Senior Vice President/Chief Administrative Officer, Regional One Health
Murfreesboro: Dan Caldwell, Senior Manager, Training, US Manufacturing, Nissan Group of North America; Beth Duffield, Senior Vice President of Education & Workforce Development, Rutherford County Chamber of Commerce
Nashville: Shanna Singh Hughey, President, Think Tennessee; Paige Kisber, President and CEO, Hospital Alliance of Tennessee; Amy New, Assistant Commissioner, Community and Rural Development, State of Tennessee Department of Economic and Community Development; Toks Omishakin, Deputy Commissioner/Chief of Planning and Environment, Tennessee Department of Transportation; Ann Jarvis Pruitt, Executive Director, Tennessee Alliance for Legal Services; Emily Reynolds, Vice Chairman, Tennessee Board of Regents; Gabe Roberts, Deputy Director and Chief Operating Officer, TennCare; Tara Scarlett, President/CEO, Scarlett Family Foundation; Todd Skelton, Deputy Counsel to Governor Bill Haslam, State of Tennessee; Deborah Taylor Tate, Director, Administrative Office of the Courts, Tennessee Supreme Court;
Union City: Lindsay Frilling, CEcD, CEO, Obion County Joint Economic Development Council;
"Each Leadership Tennessee class brings its own experience and insight to the table, and we’re especially excited about Class VI and what they bring to the conversation around critical issues in Tennessee," Leadership Tennessee Executive Director Cathy Cate said. "Each class grows together over the course of the year as they challenge their perspectives on issues in their communities. We’re looking forward to the conversations Class VI will have over the next year as they develop the program around focus areas they highlight as critical to state success."
Entering its sixth year, Leadership Tennessee selects a new class of leaders annually to visit different regions and communities of Tennessee, learning best practices and analyzing important issues faced by Tennesseans. To date, Leadership Tennessee has built a network of 175 leaders across the state.
"Leadership Tennessee helps you build relationships across multiple industries and sectors, public and private, but more importantly it builds opportunities for partnerships," recent Class V graduate and Tennessee Charter Schools Center CEO Maya Bugg said.
In conjunction with its fifth-year celebration, Leadership Tennessee brought Pulitzer Prize-winning author Thomas Friedman to tour the state and hosted its first gubernatorial forum at Lipscomb University in May. It also launched its "Volunteer State of Mind" initiative to spotlight Tennesseans’ propensity to selflessly serve and volunteer.
Earlier this year, Leadership Tennessee cohosted panels focused on the relationship between health, economic development, and education in building healthier communities, and it held a summit on childhood poverty in Northeast Tennessee in April.
Leadership Tennessee, an initiative of the College of Leadership & Public Service at Lipscomb University, fosters collaborative, non-partisan dialogue on issues of state importance, connecting a network of diverse leaders and engaged citizens.
74 Arrested in Coordinated International Enforcment Operation Targeting Hundreds of Individuals in Business Email Compromise SchemesRead the Press Release
Memphis, TN – Federal authorities announced today a significant coordinated effort to disrupt Business Email Compromise (BEC) schemes that are designed to intercept and hijack wire transfers from businesses and individuals, including many senior citizens. Operation Wire Wire, a coordinated law enforcement effort by the U.S. Department of Justice, U.S. Department of Homeland Security, U.S. Department of the Treasury and the U.S. Postal Inspection Service, was conducted over a six month period, culminating in over two weeks of intensified law enforcement activity resulting in 74 arrests in the United States and overseas, including 29 in Nigeria, and three in Canada, Mauritius and Poland. The operation also resulted in the seizure of nearly $2.4 million, and the disruption and recovery of approximately $14 million in fraudulent wire transfers.
BEC, also known as “cyber-enabled financial fraud,” is a sophisticated scam often targeting employees with access to company finances and businesses working with foreign suppliers and/or businesses that regularly perform wire transfer payments. The same criminal organizations that perpetrate BEC also exploit individual victims, often real estate purchasers, the elderly, and others, by convincing them to make wire transfers to bank accounts controlled by the criminals. This is often accomplished by impersonating a key employee or business partner after obtaining access to that person’s email account or sometimes done through romance and lottery scams. BEC scams may involve fraudulent requests for checks rather than wire transfers; they may target sensitive information such as personally identifiable information (PII) or employee tax records instead of, or in addition to, money; and they may not involve an actual “compromise” of an email account or computer network. Foreign citizens perpetrate many BEC scams. Those individuals are often members of transnational criminal organizations, which originated in Nigeria but have spread throughout the world.
“Fraudsters can rob people of their life's savings in a matter of minutes,” said Attorney General Sessions. “These are malicious and morally repugnant crimes. The Department of Justice has taken aggressive action against fraudsters in recent months, conducting the largest sweep of fraud against American seniors in history back in February. Now, in this operation alone, we have arrested 42 people in the United States and 29 others have been arrested in Nigeria for alleged financial fraud. And so I want to thank the FBI, nearly a dozen U.S. Attorneys' Offices, the Secret Service, Postal Inspection Services, Homeland Security Investigations, the Treasury Department, our partners in Nigeria, Poland, Canada, Mauritius, Indonesia, and Malaysia, and our state and local law enforcement partners for all of their hard work. We will continue to go on offense against fraudsters so that the American people can have safety and peace of mind.”
“This operation demonstrates the FBI’s commitment to disrupt and dismantle criminal enterprises that target American citizens and their businesses,” said FBI Director Christopher A. Wray. “We will continue to work together with our law enforcement partners around the world to end these fraud schemes and protect the hard-earned assets of our citizens. The public we serve deserves nothing less.”
“The Secret Service remains committed to aggressively investigating and pursuing those responsible for cyber-enabled financial crimes,” said U.S. Secret Service Director Randolph “Tex” Alles. “Although the explosive expansion of the cyber domain has forced us to develop innovative ways of conducting these types of investigations, our proven model remains the same.”
“FinCEN has been a leader in the fight against BEC and other cyber-enabled crime,” said FinCEN Director Kenneth A. Blanco. “Since 2014, working with our domestic and international partners, our Rapid Response Program has helped recover over $350 million stolen from innocent Americans. We must continue to be smarter, quicker, and better than the criminals that we face every day. Today’s action is a victory, but it will take vigilance, time, and resources to take this fight into the future. In defense of the victims of these crimes, we are ready for the challenge.”
“The U.S. Postal Inspection Service has a long history of successfully investigating complex fraud and corruption cases,” said Chief Postal Inspector Guy Cottrell. “We are proud to work alongside our fellow law enforcement partners in major efforts, such as Operation Wire Wire, to target those individuals who take advantage of the American public for illegal profits. Anyone who engages in deceptive practices like this should know they will not go undetected and will be held accountable, regardless of where they are. Postal Inspectors will continue to work tirelessly to protect our customers from fraud.”
A number of cases involved international criminal organizations that defrauded small to large sized businesses, while others involved individual victims who transferred high dollar funds or sensitive records in the course of business. The devastating effects these cases have on victims and victim companies, affect not only the individual business but also the global economy. Since the Internet Crime Complaint Center (IC3) began keeping track of BEC and its variant, Email Account Compromise (EAC), as a complaint category, there has been a loss of over $3.7 billion reported to the IC3. BEC and EAC is a prevalent scam and the Justice Department along with our partners will continue to aggressively pursue and prosecute the perpetrators, including money mules, regardless of where they are located.
Money mules may be witting or unwitting accomplices who receive ill-gotten funds from the victims and then transfer the funds as directed by the fraudsters. The money is wired or sent by check to the money mule who then deposits it in his or her own bank account. Usually the mules keep a fraction for “their trouble” and then wire the money as directed by the fraudster. The fraudsters enlist and manipulate the money mules through romance scams or “work-at-home” scams.
Starting in January 2018, this coordinated enforcement action targeted hundreds of BEC scammers. In addition, law enforcement agents executed over 51 domestic actions including search warrants, money mule warning letters, and asset seizure warrants totaling nearly $1 million. Local and state law enforcement partners on FBI task forces across the country, with the assistance of multiple District Attorney’s Offices, charged 15 alleged money mules for their role in defrauding victims. These money mules were employed by the fraudsters to launder their ill-gotten gains by draining the funds into other accounts that are difficult to trace.
Among those arrested on federal charges in BEC schemes include:
• Following an investigation by the FBI and the U.S. Secret Service, 23 individuals were charged in the Southern District of Florida with laundering at least $10 million from proceeds of BEC scams, including eight people charged in an indictment unsealed last week in Miami. These eight defendants are alleged to have conspired to launder proceeds from numerous BEC scams, totaling at least approximately $5 million, including approximately $1.4 million from a victim corporation in Seattle, as well as various title companies and a law firm.
• Following an investigation led by the FBI with the assistance of the IRS Criminal Investigation, Gloria Okolie and Paul Aisosa, both Nigerian nationals residing in Dallas, Texas, were charged in an indictment filed on June 6 in the Southern District of Georgia. According to the indictment, they are alleged to have victimized a real estate closing attorney by sending the lawyer a spoofing email posing as the seller and requesting that proceeds of a real estate sale in the amount of $246,000 be wired to Okolie’s account. They are charged with laundering approximately $665,000 in illicit funds. The attorney experienced $130,000 in losses after the bank was notified of the fraud and froze $116,000.
• Adeyemi Odufuye aka “Micky,” “Micky Bricks,” “Yemi,” “GMB,” “Bawz” and “Jefe,” 32, and Stanley Hugochukwu Nwoke, aka “Stanley Banks,” “Banks,” “Hugo Banks,” “Banky,” and “Jose Calderon,” 27, were charged in a seven-count indictment in the District of Connecticut in a BEC scheme involving an attempted loss to victims of approximately $2.6 million, including at least $440,000 in actual losses to one victim in Connecticut. A third co-conspirator Olumuyiwa Yahtrip Adejumo, aka “Ade,” “Slimwaco,” “Waco,” “Waco Jamon,” “Hade,” and “Hadey,” 32, of Toledo, Ohio, pleaded guilty on April 20 to one count of conspiracy to commit wire fraud. Odufuye was extradited from the United Kingdom to the United States and on Jan. 3, pleaded guilty to one count of conspiracy to commit wire fraud and one count of aggravated identity theft. Nwoke was extradited to the United States from Mauritius on May 25, marking the first extradition in over 15 years from Mauritius. His case is pending.
• Richard Emem Jackson, aka Auwire, 23, of Lagos, Nigeria, was charged in an indictment filed on May 17 in the District of Massachusetts with two counts of unlawful possession of a means of identification as part of a larger fraud scheme. According to the indictment, on two occasions in 2017, Jackson is alleged to have possessed the identifications of two victims with the intent to commit wire fraud conspiracy. In another case being prosecuted in the District of Massachusetts, a 25-year-old Fort Lauderdale, Florida man was indicted in federal court in Boston on June 6 on one count of money laundering conspiracy. According to the indictment, the individual was part of a conspiracy that engaged in wire fraud. It is alleged that in early 2018, the defendant’s co-conspirators gained access to email accounts belonging to a Massachusetts real estate attorney and sent emails to recipients in Massachusetts that “spoofed” the real estate attorney’s account in an attempt to cause the email recipient to transfer nearly $500,000, which was intended to be used for payment in connection with a real estate transaction, to a shell account belonging to a money mule recruited and controlled by the defendant.
The BEC scam is related to other forms of fraud such as:
• “Romance scams,” which lull victims to believe that their online paramour needs funds for an international business transaction, a U.S. visit or some other purpose;
• “Employment opportunities scams,” which recruits prospective employees for work-from-home employment opportunities where employees are required to provide their PII as new “hires” and then are significantly overpaid by check whereby the employees wire the overpayment to the employers’ bank;
• “Fraudulent online vehicle sales scams,” which convinces intended buyers to purchase prepaid gift cards in the amount of the agreed upon sale price and are instructed to share the prepaid card codes with the “sellers” who ignore future communications and do not deliver the goods;
• “Rental scams” occur when renters forward a check in excess of the agreed upon deposit for the rental property to the victims and request the remainder be returned via wire or check and back out of the rental agreements and ask for a refund; and
• “Lottery scams,” which involves persons randomly contacting email addresses advising them they have been selected as the winner of an international lottery.
The cases were investigated by the FBI, U.S. Secret Service, U.S. Postal Inspection Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) and IRS Criminal Investigation. U.S. Attorney’s Offices in the Districts of Central California, Connecticut, Eastern Virginia, Massachusetts, Nebraska, New Jersey, Southern Florida, Southern Georgia, Southern Texas, Eastern Pennsylvania, Eastern Washington, Western Pennsylvania, Western Tennessee, Western Washington, Utah, and elsewhere have ongoing investigations some of which have resulted in arrests in Nigeria. The Justice Department’s Computer Crime and Intellectual Property Section, Money Laundering and Asset Recovery Section and Office of International Affairs of the Criminal Division provided assistance. District Attorney’s Offices of Caddo Parrish in Shreveport, Louisiana; Harris County, Texas and Los Angeles are handling state prosecutions. Additionally, private sector partners and the Nigerian Economic and Financial Crimes Commission, Canadian law enforcement including the Toronto Police Service, the Mauritian Attorney-General and the Commissioner of Police, Polish Police Central Bureau of Investigation, Indonesian National Police Cyber Crimes Unit, and the Royal Malaysia Police provided significant assistance.
This operation, which was funded and coordinated by the FBI, serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents. Attorney General Sessions expressed gratitude for the outstanding efforts of the participating countries, including law enforcement actions that were coordinated and executed by the Economic and Financial Crimes Commission (EFCC) in Nigeria to curb business email compromise schemes that defraud businesses and individuals alike.
Victims are encouraged to file a complaint online with the IC3 at bec.ic3.gov. The IC3 staff reviews complaints, looking for patterns or other indicators of significant criminal activity, and refers investigative packages of complaints to the appropriate law enforcement authorities in a particular city or region. The FBI provides a variety of resources relating to BEC through the IC3, which can be reached at www.ic3.gov.
For more information on BEC scams, visit:www.ic3.gov/media/2018/180611.aspx
Official Statement from U.S. Attorney Dunavant on the Commutation of Alice Marie JohnsonRead the Press Release
Memphis, TN – "As United States Attorney for the Western District of Tennessee, I took an oath to support and defend the Constitution of the United States, and to faithfully execute and enforce the laws of Congress. Included in our Constitution is the absolute power and authority of the President to grant Executive Clemency relief, and I understand and respect the President’s decision to grant a commutation of Ms. Johnson’s sentence. Vigorous and consistent federal prosecution of violations of the Controlled Substances Act, including major drug trafficking organizations and money laundering schemes, are a top priority of this office and the Department of Justice, and we will continue to promote public safety and enforce the rule of law in the Western District of Tennessee by aggressively pursuing such cases."
Largest Increase in AUSAs in Decades Allocates Two Prosecutors to the District of Western Tennessee to Focus on Violent Crime and Civil EnforcementRead the Press Release
Attorney General Jeff Sessions and U.S. Attorney for the District of Western Tennessee, D. Michael Dunavant announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
In the District of Western Tennessee, one of these AUSAs will focus on violent crime and one on civil enforcement.U.S. Attorney D. Michael Dunavant said: "The Department of Justice has been very responsive and generous in the resources that have been allocated to the Western District of Tennessee within the last few months. On December 21, 2017, the Attorney General announced that the Western District of Tennessee would receive two (2) new and additional federal prosecutor positions that have now been solely dedicated and assigned to aggressively prosecute violent crimes cases in Memphis and Jackson. Now, with this additional violent crime prosecutor position, we can continue to increase our caseloads in the area of firearms, gangs, and violent crimes in Memphis and across West Tennessee. Likewise, with the allocation of the new Civil ACE position, our office will be better positioned to affirmatively litigate cases in the growing areas of health care fraud, elder abuse, nursing home complaints, and prescription opioid diversion. We are thankful for all of these resources from the Department of Justice, and we are committed to the effective use of these new positions to reduce violent crime and handle complex civil litigation on behalf of the United States."
To see more information on the locations of the 311 Assistant United States Attorney positions click here.Two Memphis Men Sentenced to a Total of 250 Months Imprisonment for Robbing Family Dollar StoreRead the Press Release
Memphis, TN – Two Memphis men have been sentenced to a total of 250 months in federal prison for committing an armed robbery affecting interstate commerce. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentences today.
According to information presented in court, on January 21, 2017, at approximately 9:40 p.m., Trentell Razor, 22, and Lareco Brooks, 21, entered the Family Dollar store at 2912 Coleman in Memphis. The men were dressed in black clothing and their faces were covered. Razor jumped over the counter and headed to the back of the store where he saw a customer with her young daughter. He advised them to stay where they were.
U.S. Attorney D. Michael Dunavant said:" The senselessness of gun violence has a long lasting effect on victims of armed robbery, and also has a corresponding long lasting consequence for such lawless offenders. These sentences make clear that there will always be a reckoning for the commission of violent crimes."
Brooks, armed with a sawed-off shotgun, put the shotgun to the neck of one of the two employees in the store, grabbed her by the shirt, and threw her to the ground. He then grabbed the second employee by the back of her shirt collar, pulled her across the counter and put the shotgun to her temple. He ordered her to open the register. Razor took money from the drawer and the two men fled on foot. A tracking device hidden in the bills enabled law enforcement to track the men to a Kia Spectra. When officers began following the vehicle, the men sped off and a police pursuit ensued. During the police chase, Brooks asked Razor to pull over and let him out. Razor complied and Brooks fled on foot, throwing the sawed-off shotgun in his wake. Razor finally stopped the vehicle and surrendered to police. Brooks was apprehended several days later on an unrelated charge.
On May 24, 2018, U.S. District Judge John T. Fowlkes, Jr. sentenced the men to a total of 250 months imprisonment.
This case was investigated by the FBI’s Safe Streets Task Force.
Assistant U.S. Attorney Karen Hartridge prosecuted this case on the government’s behalf.
Milan Man Sentenced to 84 Months Imprisonment for Defrauding Medicare, Medicaid and TricareRead the Press Release
Jackson, TN – Following his conviction at trial by a federal jury of conspiracy and wire fraud, Bryan Bailey, 39, of Milan, Tenn. was sentenced by Chief United States District Judge S. Thomas Anderson to 84 months imprisonment, followed by three years of supervised release, and a $200 special assessment. Bailey was also order to pay more than $1.9 million in restitution to Medicare, Medicaid and private insurance companies.
Bryan Bailey was convicted following more than three weeks of trial in February 2018 of both counts charging him in the indictment. His mother, Sandra Bailey, 67, of Jackson, was convicted of 16 counts, including conspiracy, health care fraud, and paying illegal kickbacks in connection with health care services. His father, Calvin Bailey, 67, of Jackson, was convicted of conspiracy. The jury returned guilty verdicts on all 17 counts alleged in the indictment.
U.S. Attorney D. Michael Dunavant said: "Dishonest criminals are using more creative and disturbing fraudulent schemes to victimize vulnerable citizens and the American taxpayers for their own selfish gain. This case represents our commitment to expose these fraudulent schemes, protect the integrity of the Medicaid system, hold offenders accountable for their dishonest criminal conduct, and to recover ill-gotten proceeds on behalf of the government. The U.S. Attorney’s Office is willing and able to go to any lengths in our pursuit of justice in healthcare fraud cases."
Evidence at trial revealed Sandra Bailey and Calvin Bailey sold durable medical equipment including power wheelchairs and back braces. From November 2009 to September 2011, they were both employed at Jaspan Medical Systems ("JMS"), a durable medical equipment company with an office in Jackson, Tenn. Durable medical equipment is designed for repeated use and legitimate medical purposes. Following their employment at JMS, the couple was employed by other medical supply companies in West Tennessee, Kentucky, and Mississippi. Calvin Bailey is also the former principal at Medina Elementary School in Medina, Tenn. Bryan Bailey, was the operations and sales manager at Jaspan from October 2009 to July 2013.
While employed at JMS, the Baileys began to market wheelchairs to patients and represented them as paid fully by Medicare, and at no cost to the patients. To market the equipment, the Baileys used an extensive network of illegally paid recruiters to find eligible patients. After finding the patients, Sandra and Bryan Bailey would forge and falsify documents to make it appear that the patients qualified for the equipment. They also enlisted a local physician and nurse practitioner to order the equipment without the required physical examinations to determine if the equipment was medically necessary. To facilitate this scheme, Sandra Bailey paid illegal kickbacks to the medical providers.
Numerous patients testified that Sandra Bailey offered the equipment at no cost, and that they never saw the doctor or nurse practitioner before the Baileys delivered the back braces and power wheelchairs. Many also testified that they never used the power wheelchairs, and that the power wheelchairs were too large to be used in their homes. Even though most of the patients could walk, drive vehicles, and care for themselves without the need for a power wheelchair, the Baileys would falsify medical records to make it appear that the patients were qualified. In order to qualify the patients to receive the equipment at no cost, Bryan Bailey falsified and directed others to falsify patients’ income and expenses to make it appear that they were indigent.
"Kickbacks pervert medical decision-making by encouraging health care providers to order things that patients do not need," said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of the Inspector General in Atlanta. "This defendant pushed the sale of expensive power wheelchairs by paying patient recruiters and others which was a blatant violation of the law."
In 2010, Bryan Bailey expanded JMS’s sales into North Mississippi, and hired a sales representative named Dennis Sensing to sell power wheelchairs. Sensing paid illegal kickbacks to patient recruiters to find Medicare and Medicaid patients under the direction of Bryan Bailey. Bryan Bailey received sales commissions for the power wheelchairs sold by Sensing. In order to bill Medicare and Medicaid for the equipment, Sensing forged the signature of a nurse practitioner with Bryan Bailey’s knowledge and approval. Bryan Bailey directed Sensing to falsify patients’ income and expenses to make it appear that they were indigent. Sensing sent via facsimile the forged and falsified documents to Bryan Bailey, who caused the claims to be submitted for payment. Sensing, who previously had pleaded guilty to conspiracy to commit healthcare fraud and pay illegal kickbacks, testified in the government’s case.
During the time the Baileys worked at JMS and the other companies, they received more than $1.2 million in salary and sales commissions. Chief Judge Anderson found the 84-month sentence warranted because the American taxpayers were victimized by the fraudulent behavior of Bryan Bailey and the other defendants.
Sandra Bailey and Calvin Bailey are scheduled to be sentenced on August 3, 2018 before Chief Judge Anderson.
"Protecting taxpayer dollars is the heartbeat of the Tennessee Bureau of Investigation’s Medicaid Fraud Control Unit," said TBI Acting Director Jason Locke. "Working alongside our local, state, and federal partners, we will continue to pursue those who are defrauding the Medicaid system and taking advantage of vulnerable Tennesseans in need of these services."
"Health care fraud drives up health care costs, wastes taxpayer money, undermines the Medicare, Medicaid and Tricare programs, and sadly, has infected every facet of our health care system," said Michael T. Gavin, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "Health care fraud is a crime that hurts all of us and each dollar taken from programs that help the sick and the suffering is one dollar too many. The FBI is committed to fighting fraud and protecting taxpayer dollars, and with our law enforcement partners we will continue to identify and investigate the criminals who, driven by greed, target the systems each of us depends on in our most vulnerable moments."
"We always appreciate the opportunity to work with multi-state law enforcement agencies to combat healthcare fraud and protect our citizens’ resources and tax dollars," said Jim Hood, Attorney General of Mississippi.
This investigation was conducted by the U.S. Department of Health and Human Services - Office of the Inspector General, the Federal Bureau of Investigation, the Tennessee Bureau of Investigation, and the Attorney General’s Office for Mississippi.
Assistant U.S. Attorneys Stuart Canale and Matt Wilson prosecuted this case on behalf of the government.
Brink’s Armored Truck Robber Sentenced to 27 Years ImprisonmentRead the Press Release
Memphis, TN – A Memphis man was sentenced to 324 months in federal prison for committing armed robberies effecting interstate commerce. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on April 29, 2016, two armed men robbed two Brink’s Armored Truck Services employees outside of Regions Bank located at 3535 Austin Peay Highway. One of the Brink’s employees was in the process of loading two cash cassettes, containing $192,000, into the ATM, when one of the robbers approached the employee at gunpoint, while the second robber remained parked nearby in a truck. The second employee, who remained in the Brink’s truck, rammed the robbers’ truck knocking to the ground the robber standing outside the truck. The robber in the truck sped off leaving the second robber on the ground with a broken leg. Law enforcement arrested 49-year-old Cornelius Richmond on the scene. The other alleged robber, Roderick Herron, 52, is currently awaiting trial.
U.S. Attorney D. Michael Dunavant said: "Armed robberies are brazen and disturbing acts of violence that terrorize our businesses and community, and must be met with significant sentences such as this one. These dangerous offenders have sown violence and greed, and will now reap the full measure of consequences for their criminal conduct."
Richmond’s 27-year prison sentence was also based on his participation in the April 26, 2016, "smash and grab" robbery of Circle K located at 1205 N. Germantown Parkway in Cordova, TN. Richmond and allegedly Herron drove a stolen GMC Truck through the front window of the store, and once inside, they took the store’s ATM and bill pay machines by dragging the machines out of the store.
On May 23, 2018, U.S. District Judge John T. Fowlkes Jr., sentenced Richmond to 324 months in federal prison.
This case was investigated by the FBI’s Safe Streets Task Force.
Assistant U.S. Attorney Kevin P. Whitmore is prosecuting this case on the government’s behalf.
“Stackz Squad” Street Gang Member Sentenced to 41 Months in Federal PrisonRead the Press Release
Memphis, TN. A member of the “Stackz Squad” street gang has been sentenced to 41 months in federal prison for being a drug user in possession of firearms. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
The defendant was convicted after a jury trial on the following facts: On May 27, 2017, detectives with the Multi-Agency Gang Unit were on patrol during the funeral of a known gang member at a church in Raleigh. While at the scene, detectives observed a silver Toyota Camry enter the church parking lot in which Jamal Bowens and Lee Hope were passengers. Detectives then approached the vehicle and observed a marijuana cigar and a Rossi .357 revolver on the floorboard under Bowen’s feet. Upon search of Hope’s person, a stolen Smith and Wesson .40 caliber pistol was recovered from the front of his pants. The Smith and Wesson pistol was reported stolen out of Mississippi. A video posted on social media showed Hope in possession of both firearms earlier in the day.
U.S. Attorney D. Michael Dunavant said: “Now more than ever, it is crucial that we remove firearms from dangerous and prohibited people, and remove violent and unstable offenders with firearms from our communities. This conviction and sentence demonstrates our commitment to use all of the laws provided by Congress to target and incapacitate violent gang members with guns. We are Fed Up with gun crime in Memphis, and we are doing something about it.” Gun Crime is Max Time.
At sentencing, the proof showed Bowens was a member of the street gang Stackz Squad and frequently possessed firearms with other gang members. Bowens possession of firearms occurred while the defendant was on bond in state court. Currently, Bowens has charges of Aggravated Robbery and Aggravated Assault pending in state court.
On May 22, 2108, U.S. District Judge Sheryl H. Lipman sentenced Bowens to 41 months imprisonment for being a drug user in possession of two firearms.
Lee Hope, 20, a co-defendant, was also convicted for possessing a firearm while being a drug user. Hope is set for sencting on June 13, 2018.
The Multi-Agency Gang Unit investigated this case.
Assistant U.S. Attorney Marques T. Young prosecuted this case on the government’s behalf.
Memphis Man Sentenced to 20 Years in Federal Prison for Family Dollar RobberiesRead the Press Release
Memphis, TN – A Memphis man has been sentenced to 20 years in federal prison for committing two armed robberies affecting interstate commerce. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on September 20, 2016, Tony Holmes, 24, used a sawed-off shotgun to rob two Family Dollar locations within three hours. There were several customers and employees at each location when Holmes robbed the stores.
Holmes pled guilty on March 1, 2018, to two counts of robbery affecting interstate commerce and one count of brandishing a short-barreled shotgun during a crime of violence.
U.S. Attorney D. Michael Dunavant said: "The violent crime rate in Memphis is unacceptably high. Business owners have a fundamental right to be safe from armed robbers who terrorize our communities with their lawlessness. This sentence sends a clear message that there will be a real and significant consequence for such violence, and we will no longer allow gun crime to rule our streets."
On May 24, 2018, U.S. District Judge John T. Fowlkes Jr., sentenced Holmes to 20 years imprisonment and five years supervised release to begin after incarceration.
The Safe Streets Task Force investigated this case.
Assistant U.S. Attorney Elizabeth Rogers prosecuted this case on the government’s behalf.
DEA Targets Opioid Crisis with Operation Safe HavenRead the Press Release
Memphis, TN - The Drug Enforcement Administration this week launched Operation Safe Haven, a sweeping enforcement action spanning three states. DEA Special Agents, working closely with their state and local law enforcement partners throughout Kentucky, Tennessee, and West Virginia targeted a variety of bad actors, ranging from healthcare workers and distributors, to street-level drug dealers in a coordinated effort to attack the opioid crisis head-on in the region.
Kentucky, Tennessee and West Virginia have been hit particularly hard by the opioid crisis, according to James Catalano, Resident Agent in Charge of DEA’s Memphis Office. "Through operations like Safe Haven, the dedicated men and women of DEA, with help from our state and local counterparts, are working hard to make these communities safer by getting dangerous drugs off of our streets and bringing those who distribute them to justice," Catalano said.
Operation Safe Haven is the culmination of several months-long investigations. DEA Special Agents and Diversion Investigators from the Louisville Field Division, with support from local law enforcement agencies across the region, made 93 arrests, and seized over $1,000,000.00 in cash, 40 firearms, as well as significant quantities of heroin, fentanyl, and other drugs. Additionally, over 60 administrative actions were carried out against a range of healthcare providers.
Combatting opioid abuse is a top priority for DEA. In conjunction with Operation Safe Haven’s enforcement activities, DEA Diversion Investigators visited more than 100 pharmacies in 70 cities throughout Kentucky, Tennessee, and West Virginia to deliver pharmacist manuals and contact information for the Louisville Division’s Diversion Program. These visits mark the beginning of an on-going campaign to remind pharmacy staff of their compliance duties and ethical responsibilities.
The DEA’s Louisville Field Division covers Kentucky, Tennessee, and West Virginia, under the direction of Special Agent In Charge D. Christopher Evans. The Division was created in 2018 to better synchronize DEA’s efforts with regional law enforcement partners in a part of the country among those hardest hit by America’s opioid epidemic.
U.S. Attorney Announces the Indictment of Four Individuals on Federal Drug and Gun ChargesRead the Press Release
Memphis, TN – On May 15, 2018, a federal grand jury indicted four individuals for federal drug charges. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today.
According to the indictments, the defendants are charged with conspiracy to distribute and possess with the intent to distribute heroin, cocaine, methylenedioxymethamphetamne (MDMA), methadone, hydrocodone, morphine, oxycodone and possession of a firearm in furtherance of a drug trafficking crime.
U.S. Attorney D. Michael Dunavant said: "Drug trafficking is an inherently dangerous and violent business that is often conducted by the illegal use and possession of firearms. These indictments demonstrate our commitment to remove armed drug traffickers from our streets by seeking significant mandatory sentences for selling poison in our community."
The defendants charged in the indictment and currently in custody are:
Antonio Rucker, 39, Memphis, Tennessee
Eric Crawford, 44, Memphis, Tennessee
Dewana Bogan, 38, Memphis, Tennessee
Angela Dominique Pittman, 33, Memphis, TennesseeCounts 1, 2, and 3 of the indictment charges Antonio Rucker and Eric Crawford with possession with intent to distribute 100 grams of heroin, 125 grams of cocaine, and over 100 oxycodone pills.
In another three count indictment, counts 1 and 2 charges Angela Dominique Pittman with possession with intent to distribute more than 100 grams of heroin and conspiracy. Count 3 charges Pittman with possessing a Glock 19 9mm caliber pistol in furtherance of a drug trafficking crime.
Counts 1 through 14 of a third separate indictment charges Dewana Bogan with intent to distribute heroin, methylenedioxymethamphetamine (MDMA), methadone, hydrocodone, morphine and cocaine. Bogan is also charged with two counts of felony possession of firearms in the furtherance of a drug trafficking crime.
If convicted, defendants face a mandatory minimum sentence of up to 20 years imprisonment.
This case is being investigated by the Drug Enforcement Administration, Memphis Police Department Organized Crime Unit and Bartlett Police Department.
Special Assistant U.S. Attorney Joseph Griffith is prosecuting this case on the government’s behalf.
The charges and allegations contained in the indictments are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Oregon Couple and Tennessee Accomplice Indicted on Federal Drug Trafficking ChargesRead the Press Release
Jackson, TN – On May 21, 2018, a federal grand jury returned a two-count indictment charging three defendants with conspiracy to distribute large amounts of marijuana and one defendant with illegally possessing firearms. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today.
According to information presented in court, on May 17, 2018, the Jackson Metro Narcotics Unit received information about manufacturing marijuana at a residence in Madison County. Law enforcement discovered an active marijuana indoor grow operation inside the residence. From the residence and a tour bus located on the property, law enforcement seized 20 pounds of marijuana and three pounds of butane hash oil, a marijuana concentrate. They also seized 11 firearms, $7,000 in U.S. currency, and a Toyota Tacoma pickup truck, along with the tour bus.
The three defendants indicted and currently in custody on federal charges are:
William Brian Cisco, 43, Jackson, Tennessee
Michael Boutin, 58, Medford, Oregon
Tawni Boutin, 56, Medford, OregonCount 1 charges William Brian Cisco, Michael Boutin and Tawni Boutin with knowingly and intentionally manufacturing, attempting to manufacture, possessing with intent to distribute and attempting to possess with the intent to distribute marijuana and marijuana concentrates.
Count 2 charges William Brian Cisco with possession of a firearm in the furtherance of a drug trafficking crime.
The defendants, Mike Boutin and wife Tawni Boutin, have previously been featured as marijuana farmers on a television show called "Weed Country." Weed Country was an American reality television series on the Discovery Channel that premiered on February 20, 2013, during Discovery Channel’s programming block titled "Weed Wednesdays." The series followed dealers, growers and patients of the marijuana trade located within the Emerald Triangle, a remote fertile area on the border of Northern California and Oregon, along with the enforcers of the law at the Siskiyou County Sheriff’s Office. The series showed the battle between cops, dealers and the growers looking to engineer some of the most powerful marijuana on earth.
U.S. Attorney D. Michael Dunavant said; "In the Controlled Substances Act, Congress has generally prohibited the cultivation, distribution, and possession of marijuana. It has established significant penalties for these crimes which reflect Congress’s determination that marijuana is a dangerous drug and that marijuana activity is a serious crime. Here in the Western District of Tennessee, we are not ‘weed country,’ and this office will enforce the rule of law by prosecuting marijuana cultivation, distribution, and possession aggressively, consistently, and unapologetically."
Madison County Sheriff John Mehr said: "I commend the Jackson Metro Narcotics Unit for their hard work in this case and appreciate U.S. Attorney D. Michael Dunavant for the Western District of Tennessee for prosecuting this case. Especially, since this was a seizure of high grade marijuana brought into our county from out of state."
If convicted, the defendants face maximum sentences of up to 10 years imprisonment for the drug trafficking charge and up to 25 years imprisonment for the possession of firearm charge and $250,000 fine.
The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
The Jackson-Madison County Metro Narcotics Unit investigated this case.
Assistant U.S. Attorney Matt Wilson is prosecuting this case on the government’s behalf.
Collierville Man Sentenced to 80 Months’ Imprisonment for Possession of Child PornographyRead the Press Release
Memphis, TN – A Collierville man was sentenced to 80 months in federal prison for possession of child pornography. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on November 21, 2014, Detective Robert Erdely of the Western Pennsylvania Crimes Against Children Task Force was working in an undercover capacity, using specialized software to identify individuals possessing and sharing known images of child pornography using peer-to-peer file-sharing software. Erdely’s program identified a computer utilizing an I.P. address, which was later identified as being assigned to Patrick Harris of Collierville, Tennessee. A search of Harris’ residence yielded numerous electronic devices containing thousands of images of child pornography. Harris pleaded guilty to possession of child pornography in December 2017. On May 14, 2018, U.S. District Judge Sheryl H. Lipman sentenced Harris to 80 months in federal prison.
U.S. Attorney D. Michael Dunavant said: “With new and ever-changing technology, criminals are finding new and increasingly disturbing ways to victimize and exploit child victims. This case demonstrates that no matter where offenders are located, our Project Safe Childhood initiative and FBI partners will find them and hold them accountable for internet crimes against children.”
This case was investigated by the FBI and the Western Pennsylvania Crimes Against Children Task Force as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.
Assistant U.S. Attorney Kasey A. Weiland prosecuted this case on the government’s behalf.
Attorney General Sessions and U.S. Attorney D. Michael Dunavant Recognize Law Enforcement Service and Sacrifice during National Police WeekRead the Press Release
Memphis, TN – Attorney General Sessions and U.S. Attorney D. Michael Dunavant for the Western District of Tennessee recognized the service and sacrifice of federal, state, local and tribal police officers during National PoliceWeek.
"One officer death is too many," Attorney General Sessions said. "While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high. At the Department of Justice, we honor the memories of the fallen and we pray for their families. We are also following President Trump’s Executive Order to back the women and men in blue, to enhance law enforcement safety, and to reduce violent crime in America. Those priories will help keep every American safe, including those who risk their lives for us. As always, we have their backs and they have our thanks."
U.S. Attorney D. Michael Dunavant said: "Law enforcement officers are society’s problem solvers when no other solution is apparent or available. These brave men and women run toward danger as we all run away, in order to protect us. The U.S. Attorney’s Office is proud to serve alongside our federal, state, and local law enforcement partners in order to enforce the rule of law and promote public safety. We honor the memory of those officers who paid the ultimate sacrifice in the line of duty, and we thank them for their valor which gives us hope for a safer America."
According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016 when 118 law enforcement officers were killed in line-of-duty incidents.
Additionally, in 2017, there were 46 law enforcement officers killed in line-of-duty incidents because of felonious acts – this is a 30 percent decrease from 2016 when 66 law enforcement officers were killed in line-of-duty incidents because of felonious acts.
For the full comprehensive data tables about these incidents and brief narrative describing the fatal attacks and selected assaults resulting in injury, please see the 2017 edition of Law Enforcement Officers Killed and Assaulted report.
In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15 as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
During Police Week, which is observed from Sunday, May 13 to Saturday, May 19, 2018, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.
For more information about other National Police Week events, please visit www.policeweek.org.
Alleged Member of Robbery Crew Convicted of Being a Felon in Possession of AmmunitionRead the Press Release
Memphis, TN – After a three-day trial, a federal jury has found a Memphis man guilty on one-count of felon in possession of ammunition. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the guilty verdict today.
According to information presented in court, on November 21, 2016, Tavares Clayborn, 28, was in the area of Hampton Place and South Orleans Street in South Memphis with a group of his friends when an argument ensued. Clayborn shot the friend he was arguing with, striking him once in the leg. When Memphis Police Department officers responded to the scene they found eight spent shell casings of 7.62 X 39 millimeter Tulammo ammunition, as well as a backpack containing a 50-round drum magazine.
As an armed career criminal, Clayborn faces a mandatory minimum 15-year sentence.
Clayborn has also been charged with several counts of affecting interstate commerce by robbery in violation of 18 U.S.C. § 1951 and using a firearm in the commission of robbery in violation of 18 U.S.C. § 924(c). The robbery charges stem from a string of robberies of delivery truck drivers in which cigarettes were taken over a period of 11 months in 2016 to 2017. Clayborn’s trial on these charges is set for July 2018. If convicted on the robbery charges, he faces 360 months up to life imprisonment.
U.S. Attorney D. Michael Dunavant said: "Violent crime reduction remains the top priority of this office and the Department of Justice. The ammunition charge is evidence of the aggressive approach by this office to removing the worst of the worst from our streets. This jury verdict finding this armed career criminal guilty demonstrates that the community is Fed Up with repeat offenders who have dedicated their lives to lawlessness and violence."
Marcus Watson, ATF Special Agent in Charge said: "This conviction is a result of the combined efforts of Memphis and Germantown Police Departments along with the community working together to reduce violent crime. ATF’s Crime Gun Intelligence focused on the shooting incident from a known robbery crew that endangered the local neighborhoods."
The Bureau of Alcohol, Tobacco and Firearms investigated this case.
Assistant U.S. Attorneys Elizabeth Rogers and Marques Young are prosecuting this case on the government’s behalf.
U.S. Attorney Announces the Indictment of Eight Individuals on Federal Firearms Charges, Including Two Illegal AliensRead the Press Release
Jackson, TN – On April 16, 2018, a federal grand jury indicted eight individuals for federal firearms violations. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today. As charged in the indictments, eight of the defendants are prohibited by federal firearms laws from possessing firearms. In two of the cases, the grand jury charged the defendants as aliens illegally possessing firearms.
Several defendants charged in this series of indictments are alleged to be convicted felons. Under federal law, it is illegal for an individual convicted of a felony to possess a firearm. This is a violation of Title 18, United States Code (USC), § 922(g)(1). A violation of this section is punishable by a term of up to 10 years imprisonment, a fine of up to $250,000, and a term of supervised release of no less than two years. The penalty for a violation of § 922(g)(1) is enhanced when a defendant has a prior criminal record that includes three convictions for a violent felony or serious drug offenses. Under this enhanced sentencing provision, the defendant is subject to a mandatory minimumstatutory sentence of at least 15 years imprisonment, with a maximum sentence of life imprisonment.
U.S. Attorney D. Michael Dunavant said: "Violent crime reduction is the top priority of this office and the Department of Justice. Many violent crimes are committed by prohibited persons with firearms, including convicted felons, persons with a history of domestic violence, illegal aliens, and persons possessing firearms in furtherance of crimes of violence and drug trafficking. This office will aggressively prosecute and seek mandatory federal sentencing guidelines to target and remove from our communities armed career criminals and career drug offenders who illegally possess firearms across West Tennessee. We are Fed Up. Gun Crime is Max Time."
Federal firearms laws also prohibit an individual convicted of a misdemeanor crime of domestic violence from possessing a firearm. This is a violation of Title 18, USC, § 922(g)(9). An individual convicted of violating this section is subject to a term of up to 10 years imprisonment, a fine of up to $250,000, and a term of supervised release of no less than two years.
It is also against federal law to possess or use and carry a firearm during or in relation to a crime of violence or a drug trafficking crime. This is a violation of Title 18, USC, § 924(c). A violation of this section is punishable by a mandatory minimum sentence of at least five years imprisonment to a maximum of life imprisonment.
Rodrigo Ayala-Garcia, 33, of Mexico, was charged with illegally possessing a firearm, having previously been deported as an illegal alien in violation of Title 8, USC, § 1326(a) and (b). Assistant U.S. Attorney Jim Powell is prosecuting this case.
Oliver Mendosa-Rodriguez, 38, of Jackson, was charged with illegally possessing a firearm, a felony, having previously been deported as an illegal alien in violation of Title 18, USC § 1326(a) and (b). Assistant U.S. Attorney James Powell is prosecuting this case.
Alfred Gene Scott, 48, of Jackson, was charged with possessing a .38 caliber revolver firearm which had been transported in interstate commerce after being convicted of a felony, in violation of Title 18, USC, §§ 922(g) and 924(a)(e). Assistant U.S. Attorney James Powell is prosecuting this case.
Justin Rashad Forrest, 34, of Jackson, was charged with possessing a Smith and Wesson .38 caliber revolver and a Sig Sauer .40 caliber pistol, after previously being convicted of a felony in violation of Title 18, USC, §§ 922 and 924(a)(e). Assistant U.S. Attorney James Powell is prosecuting this case.
Christopher Kennon, 37, of Lexington, was charged with possessing a Lorcin Engineering Company .380 caliber pistol in furtherance of drug trafficking crime, in violation of Title 18, USC, § 922(g)(1), and possession of methamphetamine with intent to distribute after being convicted of a felony, in violation of Title 18, USC, § 841(a)(1). The United States also seeks criminal forfeiture of any proceeds related to the crime. Assistant U.S. Attorney Taylor Eskridge is prosecuting this case.
Keaston Tipton, 27, of Dyersburg, was charged with possessing a firearm transported in interstate commerce after being a convicted of a felony, in violation of Title 18, USC, § 922 (g)(1). The United States also seeks criminal forfeiture of any proceeds related to the crime. Assistant U.S. Attorney Taylor Eskridge is prosecuting this case.
Antron Tyus, 28, of Humboldt, was charged with possessing a Ruger Mini 14 caliber .233 pistol in interstate commerce after being a convicted felon, in violation of Title 18, USC, §§ 922(g)(1) and 924(a)(3). The United States also seeks criminal forfeiture of any proceeds related to the crime. Assistant U.S. Attorney Matt Wilson is prosecuting this case.
The last indictment was sealed. The defendant was charged with being a convicted felon possessing a firearm with intent to distribute heroin. The United States also seeks criminal forfeiture of any proceeds related to the crime.
The charges and allegations contained in the indictments are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Memphis Man Sentenced to 10 Years Imprisonment for Distribution of FentanylRead the Press Release
Memphis, TN – Mark Nunnally, 51, of Memphis has been sentenced to 120 months in federal prison for distribution of fentanyl. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on May 18, 2017, members of the Shelby County Sheriff’s Office executed a search warrant at the defendant’s residence after receiving information about narcotics being sold from this location. A search revealed 519.95 grams of fentanyl, a Lorcin .380 caliber handgun, and $14,629 in cash.
A federal grand jury returned a two-count indictment against Nunnally in September of last year, charging possession with intent to distribute fentanyl and being a convicted felon in possession of a firearm. On January 10, 2018, the defendant pleaded guilty to the two-count indictment.
U.S. Attorney D. Michael Dunavant said: "Fentanyl is a deadly drug that destroys lives, and the substantial quantity of fentanyl possessed by the defendant for resale could have caused countless injuries and deaths. Under the new opioid strategy of this office and the Department of Justice, we will seek maximum sentencing penalties for any person distributing any amount of fentanyl in West Tennessee. If you are a drug dealer causing addiction, pain, and death for selfish personal gain, we will find you and hold you accountable."
On April 30, 2018, U.S. District Judge John T. Fowlkes Jr., sentenced Nunnally to ten years imprisonment. The sentence will run consecutively to a thirty-month sentence for violation of supervised release as the defendant was on federal supervised release at the time for conspiracy to possess with the intent to distribute cocaine.
This prosecution is part of an extensive investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking organizations, targeting national and regional level drug trafficking organizations, and conducting the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case was investigated by the Shelby County Sheriff’s Office and the Drug Enforcement Administration.
Assistant U.S. Attorney Michelle Kimbril-Parks prosecuted this case on the government’s behalf.
Drug Enforcement Administration (DEA) to Hold 15th Prescription Drug Take-Back Day This SaturdayRead the Press Release
Memphis, TN – U.S. Attorney D. Michael Dunavant for the Western District of Tennessee will join the Drug Enforcement Administration on April 28, 2018 for its 15th Annual Prescription Drug Take-Back Day. The biannual event will be held from 10 a.m. to 2 p.m. at thousands of collection sites around the country, including here at Kroger, 7615 Highway 70 Bartlett, TN. This one-day event will make it convenient for the public to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Last October Americans turned in 456 tons (912,305 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 14 previous Take-Back events, DEA and its partners have taken in over 8.1 million pounds, more than 4,508 tons of pills. The disposal service is free and anonymous, no questions asked.
U.S. Attorney D. Michael Dunavant said: "Addressing the opioid crisis in our communities requires a comprehensive approach which includes prevention, education, treatment, and enforcement. The DEA National Prescription Drug Take-Back event allows everyone to participate in prevention and education that promotes public safety, and I encourage all West Tennesseans to turn in your unused, unwanted, and expired medications. Together, we can prevent addiction, injury and death, and educate the public about the dangers of prescription drug abuse."
Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
James Catalano, DEA, Memphis Resident Agent in Charge said, "DEA is committed to making our communities safer by raising public awareness about the dangers of prescription drug abuse. The Prescription Drug Take-Back program will allow Americans to properly and safely dispose of their prescription medication that could otherwise be abused for non-medical purposes. Simply turn in your unused and unneeded medication at any of the numerous designated locations throughout West Tennessee. This is just one example of how DEA is working hand-in-hand with its law enforcement and community partners in an effort to stem the tide of prescription opioid abuse."
For more information or to locate a collection site near you, go to the DEA Prescription Drug Take-Back Day web site at https://takebackday.dea.gov where you can search by zip code, city or state.
Thayer, Missouri Man Sentenced to 210 Months Imprisonment for Distribution of Child PornographyRead the Press Release
Memphis, TN – Charles Oliver, 36, of Thayer, Missouri was sentenced to 210 months in federal prison for distribution of child pornography. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
In April 2017, an online undercover agent with the Memphis Crimes Against Children Task Force received a tip pertaining to "arkman27," the online identity of an individual who expressed a desire through social media to have sex with a child. Arkman27 was provided with contact information for the undercover agent, who was posing as an individual who could provide arkman27 with access to a minor female.
Thereafter, the undercover agent was contacted through the instant messaging application Kik by user "arkdad." Arkdad expressed to the undercover agent an interest in meeting a minor for sex and stated he had previous sexual contact with minors. Between April 7 and July 16, 2017, "arkdad" sent sexually explicit images and videos of prepubescent minors to the undercover agent via Kik, including an image of an infant female being penetrated by an adult male as well as several sexually explicit images of prepubescent minors engaged in oral sex, masturbation and sexual intercourse. "Arkdad" engaged in numerous graphic discussions with the undercover agent about meeting to have sex with the minor, whom he believed to be the undercover agent’s daughter. The undercover agent received these images, videos, and chats in Memphis, TN.
Further investigation revealed the defendant was the user of these online identities and that he had been the individual corresponding with the undercover agent via Kik. Oliver admitted trading images and videos of child pornography through Kik and other social media sites.
U.S. Attorney D. Michael Dunavant said: "With new and ever-changing technology, online predators are using more creative and disturbing ways to commit cyber-crimes against vulnerable victims, including the sexual solicitation of minors, and possession and distribution of child pornography. This office will always aggressively prosecute these disturbing cases, and will seek significant sentences for such predatory behavior in order to incapacitate dangerous offenders and protect child victims."
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Divisions Child Exploitation and Obscenity Section, PSC marshals federal, state and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc. For more information about internet safety education, please visit http://www.justice.gov/psc/resources .
This case was investigated by the FBI and Thayer, Missouri police department.
Assistant U.S. Attorney Kasey Weiland prosecuted this case on the government’s behalf.
McKenzie Man Sentenced to 10 Years Imprisonment for Being a Felon in Possession of a Firearm in Connection with a Felony Drug OffenseRead the Press Release
Jackson, TN – Robert Hutchinson, Jr. 45, was sentenced to 10 years in federal prison for being a felon in possession of a firearm. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on September 23, 2016, a Carroll County Sheriff’s deputy executed a traffic stop on a 2002 red Saturn near Dollar General in Trezevant, TN. When asked for identification, Hutchinson told the officer he had left everything at home on the table. When asked for his name, Hutchinson gave the officer a false name – which was the name of another individual whom the officer happened to know. Hutchinson was asked out of the vehicle and patted down for officer safety. Officers located a 9 mm Beretta pistol in Hutchinson’s pocket, along with twelve bags of suspected methamphetamine and marijuana.
U.S. Attorney D. Michael Dunavant said: "As a convicted felon in possession of a firearm in furtherance of drug trafficking, the defendant in this case presents a danger to public safety in multiple ways. The statutory maximum sentence imposed in this case achieves justice by removing him from the community, and makes West Tennessee a safer place. If you are a dangerous felon with a firearm who is selling poison, you will be held accountable."
On April 24, 2018, the Honorable S. Thomas Anderson, Chief Judge, United States District Court, sentenced Hutchinson to the statutory maximum sentence of 10 years incarceration and 3 years supervised release. His sentence included a sentencing enhancement for possessing the firearm in connection with another felony offense, which was the possession of methamphetamine with intent to deliver.
Carroll County Sheriff Andy Dickson stated, "I appreciate the cooperation between the federal prosecutors, FBI, and local officers in getting career criminals off our streets."
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was investigated by the Carroll County Sheriff’s Office, 24th Judicial Violent Crime and Drug Task Force; and the U.S. Attorney’s Office, who have all worked jointly to address gun-related crimes through aggressive investigation and prosecution.
Assistant U.S. Attorney Taylor Eskridge prosecuted this case on the government’s behalf.
Former Physician’s Office Employee Pleads Guilty in Fraud SchemeRead the Press Release
Memphis, TN – Gloria Harris, 56, of Memphis entered a guilty plea to a charge of bank fraud in connection with the theft of approximately $292,500 from her former employer, Crescent Medical Corporation. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the plea today.
A federal grand jury returned an indictment against Harris in December of last year. According to the indictment, Harris a former data entry clerk for Crescent, fraudulently obtained $292,500 between January 2016 and March 2017. The indictment alleged that Harris stole checks payable to Crescent and deposited them to bank accounts at Trustmark Bank and Suntrust Bank which she had opened in the name of Crescent without the knowledge of Crescent’s owner, Dr. Ashan Kathawala.
Harris faces up to 30 years’ imprisonment; a one million dollar fine and 5 years supervised release on the bank fraud charge.
Harris is currently scheduled to be sentenced on July 20, 2018 before U.S. District Judge Sheryl H. Lipman.
This case was investigated by the United States Secret Service Economic Crimes Task Force.
Assistant U.S. Attorney Carroll L. Andre’ III is prosecuting this case on the government’s behalf.
Two Former Officers of the Memphis Police Department Indicted for Federal Narcotics and Violent Crimes ViolationsRead the Press Release
Memphis, TN – On April 17, 2018, a federal grand jury indicted two former officers of the Memphis Police Department for federal narcotics and violent crimes violations. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictment today.
As charged in the indictment, Kevin Coleman, 41, and Terrion Bryson, 26, conspired to distribute one kilogram or more of a mixture and substance containing heroin. Coleman was also indicted on 2 counts of Hobbs Act robbery.
U.S. Attorney D. Michael Dunavant said: "Official misconduct and corruption by law enforcement officers strikes at the very heart of the criminal justice system, and damages the trust and confidence of citizens in proper police authority. When police officers use their badges to become drug dealers and highway robbers, it is our duty to expose their corruption, hold them accountable, and protect society from their dishonesty. This indictment and significant potential sentences will hopefully deter other corrupt police behavior, restore the public’s faith in honest officers, and send a message that nobody is above the law."
Under federal law, it is illegal to conspire to distribute a scheduled controlled substance. This is a violation of Title 21, United States Code (USC), § 846. A violation of this section involving more than one kilogram of heroin is punishable by a term of not less than 10 years imprisonment, a fine of up to $10,000,000, and a term of supervised release of not less than five years.
It is also illegal under federal law to interfere with interstate commerce by taking property belonging to another without their consent under color of official right. This is a violation of Title 18 USC § 1951. A violation of this section is punishable by a term of not more than twenty years imprisonment, a fine of up to $250,000 and a term of supervised release of not more than three years.
Memphis Police Department Director Michael Rallings said: "We do not care what your profession is, and we do not care who you are; if you break the law and you are involved in illegal activity, we will arrest you."
"The conduct alleged in these indictments indicates a breach of the duty sworn to by all law enforcement officers, as well as crimes that erode trust with our community," said Michael T. Gavin, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "The FBI will continue to work with our partners to identify, present for prosecution, and ultimately remove those bad actors who do a disservice to the dedicated and hard-working officers and besmirch the good name of all who risk their lives daily to protect and serve our communities."
Kevin Coleman and Terrion Bryson, both of Memphis, have been indicted for one count of conspiring to violate the federal drug laws between April 8 and April 12 of 2018. As set forth in the indictment, the defendants, acting upon information from a cooperating source, agreed to escort a vehicle carrying heroin to a storage facility in exchange for cash payment from an individual they believed to be a drug courier. The defendants obtained partial cash payment in advance of escorting the narcotics. During the course of escorting the narcotics, defendant Coleman used his status as a law enforcement officer and the incidents of his office including driving a marked police vehicle, wearing a police-issued uniform, displaying an official badge and identification, and carrying a firearm. During the course of escorting the narcotics, defendant Bryson entered the vehicle containing the narcotics as the vehicle entered the city of Memphis and accompanied the driver in the vehicle to the storage facility. Upon delivering the narcotics to the storage facility, defendant Bryson obtained the remainder of the cash payment.
Coleman was also indicted for two counts of Hobbs Act robbery occurring on March 7 and again on March 15 of 2018.
This case was investigated by the Memphis Police Department Organized Crime unit and the FBI’s Tarnished Badge Task Force. Assistant U.S. Attorney David Pritchard is prosecuting this case on the government’s behalf.
The charges and allegations contained in the indictments are merely accusations, and the defendants are considered innocent unless and until proven guilty.
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Convicted Felon Sentenced to 110 Months Imprisonment for Illegally Possessing a FirearmRead the Press Release
Memphis, TN – Damenion Richmond, 36, was sentenced to 110 months in federal prison for being a convicted felon in possession of a firearm. U.S. Attorney D. Michael Dunavant of the Western Division of Tennessee announced the sentence today.
According to information presented in court, on February 19, 2017, Mrs. Sheris Richmond called 911 to report her husband, Dameion A. Richmond, fired shots at her on the expressway after a verbal altercation at her home. Mrs. Richmond said she and her husband argued at the residence when he drew a handgun and pointed it at her face. He then fled the scene in his vehicle; Mrs. Richmond pursued him in her vehicle until he stuck a gun out of the window and fired shots at her along the way. Mrs. Richmond called 911 for police assistance and pulled into the parking lot of Click’s Pool Hall at 3705 Malco Way, in Memphis, Tenn.
U.S. Attorney D. Michael Dunavant said: "Reducing violent crimes committed with firearms is the top priority of this office and the Department of Justice. Prohibited persons in possession of firearms, such as convicted felons, persons with histories of domestic violence, and unlawful users of illegal narcotics present a known and immediate risk of violence to their families and the community at large. This is exactly the type of dangerous offender that the PSN Task Force is designed to target, and I commend their work in holding Richmond responsible and removing him from our streets."
When law enforcement arrived on the scene, Mr. Richmond was questioned and asked to step out of the vehicle. While searching the vehicle, Memphis Police Department officers discovered a Mauser .32 pistol where the defendant had been sitting. The magazine was empty, but the chamber still held one live round. Mr. Richmond admitted to possessing the gun but stated he only fired shots in the air. He also confessed to being a convicted felon. A further search of the vehicle yielded another weapon, a Smith and Wesson .22 caliber pistol with three magazines. Two of the magazines had 12 live rounds each and the third magazine had six live rounds.
Several small bags of drugs containing crack cocaine, marijuana, ecstasy and other pills were located in the vehicle. The defendant admitted to law enforcement that the guns and drugs were his property and did not belong to the passengers in the car.
The case was investigated by Project Safe Neighborhoods (PSN) Task Force, which includes the U.S. Attorney’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Memphis Police Department; and the Shelby County Sheriff’s Office, who have all joined together to address gun-related crimes through aggressive investigation and prosecution. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Assistant U.S. Attorney Raney Irwin prosecuted this case on the government’s behalf.
U.S. Attorney Announces the Indictments of Nineteen Individuals on Federal Firearms Charges; Several are Convicted FelonsRead the Press Release
Memphis, TN – On March 29, 2018, a federal grand jury indicted 19 individuals for federal firearms violations. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today. As charged in the indictments, seventeen of the defendants are prohibited by federal firearms laws from possessing firearms. In three of the cases, the grand jury charged the defendants with using a firearm during a drug or violent crime.
Several defendants charged in this series of indictments are alleged to be convicted felons. Under federal law, it is illegal for an individual convicted of a felony to possess a firearm. This is a violation of Title 18, United States Code (USC), § 922(g)(1). A violation of this section is punishable by a term of up to 10 years imprisonment, a fine of up to $250,000, and a term of supervised release of no less than two years. The penalty for a violation of § 922(g)(1) is enhanced when a defendant has a prior criminal record that includes three convictions for a violent felony or serious drug offenses. Under this enhanced sentencing provision, the defendant is subject to a mandatory minimumstatutory sentence of at least 15 years imprisonment, with a maximum sentence of life imprisonment.
U.S. Attorney D. Michael Dunavant said: "It is the goal of the Justice Department to reduce violent crime. As part of this effort, our office places a high priority on the criminal prosecution of individuals who, because they are convicted felons or have convictions for misdemeanor crimes of domestic violence, illegally possess firearms, or who use firearms to commit violent crimes or engage in drug trafficking while armed. We will continue our effort to reduce violent crime in West Tennessee by aggressively prosecuting those who possess firearms illegally or use firearms to commit crimes."
Federal firearms laws also prohibit an individual convicted of a misdemeanor crime of domestic violence from possessing a firearm. This is a violation of 18 USC §922(g)(9). An individual convicted of violating this section is subject to a term of up to 10 years imprisonment, a fine of up to $250,000, and a term of supervised release of no less than two years.
It is also against federal law to possess or use and carry a firearm during or in relation to a crime of violence or a drug trafficking crime. This is a violation of 18 USC § 924(c). A violation of this section is punishable by a mandatory minimum sentence of at least five years imprisonment to a maximum of life imprisonment.
Dennis Boykin, 26, of Memphis, was charged with possessing a Phoenix Arms .25 caliber pistol after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Libby Rogers is prosecuting this case.
Brian Brock, 38, of Memphis, was charged with possessing a Raven Arms .25 caliber pistol after being convicted of a felony, in violation of 18 § USC 922(g)(1). He was also charged in a second count of the indictment with possessing the same firearm after being convicted of a misdemeanor crime of domestic violence in violation of 18 USC § 922(g)(9). Special Assistant U.S. Attorney Bryce Phillips is prosecuting this case.
Kristen Brenner, 32, of Memphis, was charged with possessing a Sig Sauer 9mm caliber pistol after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Karen Hartridge is prosecuting this case.
Jacob Buggs, 36, of Memphis, was charged with possessing a Jimenez 9mm caliber pistol after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Karen Hartridge is prosecuting this case.
Timothy Cook, 27, of Memphis, was charged with possessing a Harrington and Richardson .32 S&W long caliber revolver after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney David Biggers is prosecuting this case.
Marquez Harris, 25, of Memphis, was charged with possessing a Riger 9mm caliber pistol after being a convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Karen Hartridge is prosecuting this case.
Artavious Holmes, 23, of Memphis, was charged with possessing a Baretta 9mm caliber pistol in furtherance of drug trafficking crime, in violation of 18 USC § 924(c), and possession of less than 50 kilograms of marijuana with intent to distribute, in violation of 21 USC § 841(a)(1). The marijuana violation, as charged in the indictment, is punishable by imprisonment for up to five years, a fine of up to $250,000, and a term of supervised release of at least 2 years. Assistant U.S. Attorney Libby Rogers is prosecuting this case.
Alfonzo Johnson a/k/a "Alphonzo Johnson," 37, of Memphis was charged with possessing a Raven Arms .25 caliber pistol after being convicted of a felony, in violation of 18 USC § 922(g)(1). Special Assistant U.S. Attorney Bryce Phillips is prosecuting this case.
Philanese Martin, 34, ofMemphis, has been charged with possessing a Ruger .380 caliber pistol after being convicted of a felony in violation of 18 USC § 922(g)(1) and with intent to distribute marijuana; cocaine; and crack cocaine, in violation of title 21 USC § 841(a)(1). As charged in the indictment, the § 841(a)(1) violations are punishable by imprisonment for no more than 20 years, a fine of up to $250,000, and a term of supervised release of at least three years. Assistant U.S. Attorney Libby Rogers is prosecuting this case.
Jeremy McGarvey, 23, of Munford, has been charged with possessing a Remington .30-06 caliber rifle and a Taurus .380 caliber pistol after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Raney Irwin is prosecuting this case.
Hittites McKinney, 24, of Memphis, has been charged with possessing a Sig Sauer .40 caliber pistol after being convicted of a misdemeanor crime of domestic violence, in violation of 18 USC § 922(g)(9). Special Assistant U.S. Attorney Bryce Phillips is prosecuting this case.
Henry Mitchell, 39, of Memphis, has been charged with possessing a Browning 9mm pistol after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Libby Rogers is prosecuting this case.
Rodney Lee Parnell, 51, of West Memphis, AR, has been charged with the robbery of the Best Western Hotel on Madison Avenue in Memphis, in violation of 18 USC § 1951, and using and brandishing a firearm during a crime of violence, in violation of 18 USC § 924 (c). A violation of § 1951, the Hobbs Act, is punishable by a term of imprisonment of no more than 20 years, a fine of no more than $250,000, and a mandatory term of supervised release of five years. As charged in the indictment, a violation of § 924(c) is punishable by a minimum mandatory sentence of at least seven years imprisonment and a maximum sentence of life imprisonment. Assistant U.S. Attorney Kevin Whitmore is prosecuting this case.
Lazarus Payne, 34, of Memphis, has been charged with possessing an American Tactical 5.56 caliber rifle after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Raney Irwin is prosecuting this case.
Marlon Pruitt, 44, of Memphis, was charged with possessing a Winchester 20 gauge shotgun after being convicted of a felony, in violation of 18 USC 922(g)(1). He was also charged with possession of less than 50 kilograms of marijuana with intent to distribute in violation of 21 USC § 841(a)(1). This violation is punishable by a term of imprisonment of up to 5 years, a fine of up to $250,000, and a term of supervised release of up to 3 years. Assistant U.S. Attorney J. William Crow is prosecuting this case.
Stephen Seward, 28, of Memphis, was charged in a four-count indictment with violating federal firearms and drug laws. In count 3 of the indictment, he was charged with possessing a Sig Sauer .22 caliber pistol and a Ruger .380 caliber pistol after being convicted of a misdemeanor crime of domestic violence, in violation of 18 USC § 922(g)(9). He was also charged in 2 counts of the indictment with possession of heroin and cocaine with intent to distribute in violation of 21 USC § 841(a)(1). Each drug violation is punishable by a term of imprisonment of no more than 20 years, a fine of no more than $1,000,000, and a term of supervised release of at least 3 years. The grand jury also charged Seward with possessing a Sig Sauer .22 caliber pistol and a Ruger .380 caliber pistol in furtherance of the drug crimes charged in the indictment, in violation of title 18 USC § 924(c). A violation of § 924(c) as charged in this case is punishable by a minimum mandatory sentence of at least five years imprisonment and a maximum sentence of life imprisonment. Assistant U.S. Attorney J. William Crow is prosecuting this case.
Christopher Smith, 26, of Memphis, was charged with possessing a Magnum Research 9 mm caliber pistol after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Marques Young is prosecuting this case.
Leroy Taylor, 28, of Memphis, was charged with possessing a Ceska Zbrojovka 9 X 19mm caliber pistol after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Raney Irwin is prosecuting this case.
Terrance Ware, 25, of Memphis, was charged with possessing a Taurus .40 caliber pistol after being convicted of a felony, in violation of 18 USC § 922(g)(1). Assistant U.S. Attorney Marques Young is prosecuting this case.
The charges and allegations contained in the indictments are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Justice Department Honors Tennessee Woman for Her Service to Victims of Crime and Their FamiliesRead the Press Release
WASHINGTON – Today, the Department of Justice recognized Tina L. Fox, State Director of Victim Services for the Tennessee Board of Parole, with the National Crime Victim Service Award during the annual National Crime Victims’ Service Awards ceremony in Washington, D.C.
“Through her newsletter, her toll-free hotline, and in so many other ways, Tina Fox has helped countless crime survivors throughout Tennessee,” Attorney General Sessions said. “I want to add my voice to theirs in thanking Ms. Fox for her extraordinary service.”
Fox has served as State Director of Victim Services for the Tennessee Board of Parole since January 2012. During this time, she has implemented statewide training for all victim coordinators, probation officers, parole officers, and board members; established a 1-800 number for victim services; coordinated National Crime Victims’ Rights Week and Tennessee Season to Remember commemorations; developed and distributed a monthly Victim Services Newsletter; and supported victims in the passage of legislation; and formed a statewide Victim’s Support Committee.
“Ms. Fox’s work is making Tennessee a better place for those who tragically become victims of crime,” said Director of the Office for Victims of Crime Darlene Hutchinson. “The Department of Justice is proud to honor her remarkable contributions and her commitment to justice for all victims of crime.”
During today’s ceremony, the Justice Department recognized a dozen individuals and organizations for their outstanding efforts on behalf of victims of crime. Awardees were selected from public nominations in ten categories.
Each year in April, the Department of Justice observes National Crime Victims’ Rights Week by taking time to honor victims of crime and those who advocate on their behalf. In addition, the Justice Department and U.S. Attorney’s Offices organize events to honor the victims and advocates, as well as bring awareness to services available to victims of crime. This year’s observance takes place April 8-14, with the theme Expand the Circle: Reach All Victims.
The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.
The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victim’s Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/.Memphis Man Pleads Guilty to Aggravated Identity TheftRead the Press Release
Memphis, TN – A Memphis man has pleaded guilty to possession of accessing devices with intent to defraud and aggravated identity theft. U.S. Attorney D. Michael Dunavant of the Western Division of Tennessee announced the guilty plea today.
According to information presented at the plea hearing on April 9, between June 2011 and July 2016, Melvin Gene Griggs Jr., 32, used the identifying information of multiple victims to access victims’ credit card and bank accounts.
U.S. Attorney D. Michael Dunavant said: "Aggravated identity theft and schemes to defraud or compromise the personal and financial security of countless vulnerable victims will not be tolerated. This case demonstrates our commitment to protect the personal and financial information of citizens and institutions, and to hold offenders accountable for these disturbing crimes of dishonesty. We are pleased to work with our federal and local law enforcement partners to achieve justice for the victims in this case."
During the course of the investigation, the government found that the personal identifying information of over 400 victims had been compromised. The information included credit card numbers, CVV2 numbers, ATM pin numbers, bank names, routing and bank account numbers, phone numbers, social security numbers, birth dates, mothers’ maiden names, AOL IDs, email address and physical addresses.
The scheme to defraud included opening new accounts in the victim’s name and/or adding himself as an authorized user to a victim’s account. Griggs would then have credit cards and financial statements from the accounts mailed to him. The credit cards were used to make purchases at local retailers and online. He also obtained money from victims’ bank accounts by wire transfers and cashing checks.
"Identity theft has a huge financial and emotional impact on the individual victims involved and the American public as a whole. This investigation is an excellent example of partnership between federal law enforcement agencies working together," said David M. McGinnis, Inspector in Charge, Charlotte Division. "I fully commend the hard work and countless hours put forth by all of the law enforcement agencies involved, which resulted in bringing this individual to justice."
Griggs faces a maximum penalty of 20 years imprisonment, a fine of $250,000 and 3 years supervised release. The defendant is scheduled to be sentenced on August 10, 2018 by U.S. District Judge Thomas L. Parker.
The case was investigated by the United States Postal Inspection Service, United States Secret Service and the Memphis Police Department.
Assistant U.S. Attorney Lorraine Craig is prosecuting this case on the government’s behalf.
Justice Department Observes National Crime Victims’ Rights Week with Events throughout the CountryRead the Press Release
Memphis, TN – In observance of this week as National Crime Victims’ Rights Week, the United States Attorney’s Office, Western District of Tennessee joined with service providers and community members to honor victim advocates who have shown special commitment to helping crime victims.
The 2018 "Expand the Circle: Reach All Victims" recipients were honored on April 11. Amy McCullough, Victims Witness Director, Shelby County District Attorney General’s Office received the Memphis Voice for Victims Award. In Jackson, Tenn, Dr. Fabre Ford was awarded the Jackson Voice for Victims Award.
"In law enforcement, we are sworn to serve and protect," Attorney General Sessions said. "We carry out this oath every day by protecting the rights of law abiding people from criminals and by achieving justice for crime victims. This week, we remember the millions of Americans who have been victimized by criminals and we thank those who have gone above and beyond the call of duty in their service to those victims. As we do so, we recommit ourselves to fulfilling our oath and to reducing crime in America."
U.S. Attorney D. Michael Dunavant said: "Victims of crime deserve to be treated with respect, dignity, compassion, and sensitivity in the criminal justice system. At the U.S. Attorney’s Office for the Western District of Tennessee, we are committed to providing victims with the highest level of support, protection, and assistance during the often difficult and confusing legal court process. Achieving justice for victims and protecting their rights is our highest duty and we are honored to participate in the National observance of this special week to honor victims and victim advocates."
Each year in April, the Department of Justice and United States Attorney’s Offices observe National Crime Victims’ Rights Week nationwide by taking time to honor victims of crime and those who advocate on their behalf. This year’s observance takes place April 8-14, with the theme "Expand the Circle: Reach All Victims."
The U.S. Department of Justice will host the Office for Victims of Crime’s annual National Crime Victims’ Service Awards Ceremony in Washington, D.C., on April 13, 2018, to honor outstanding individuals and programs that serve victims of crime.
The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.
The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime-fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victims’ Rights Week can be found at https://ovc.ncjrs.gov/ncvrw. You may also contact the U.S. Attorney Office, Western District of Tennessee, Victim Witness Program at 901-544-4231.
Justice Department Announces Nationwide Initiative to Combat Sexual Harassment in HousingRead the Press Release
Memphis, TN – Today, as the Department of Justice recognizes the 50th Anniversary of the Fair Housing Act, Attorney General Jeff Sessions announced the nationwide rollout of an initiative aimed at increasing awareness and reporting of sexual harassment in housing. The announcement includes an interagency task force between the Department of Housing and Urban Development (HUD) and the Justice Department to combat sexual harassment in housing, an outreach toolkit, and a public awareness campaign. This three-pronged approach will strengthen the Department’s efforts to combat sexual harassment in housing.
"Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. "It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law. In October, I ordered a new initiative to bring more of these cases, and we have already won relief for 15 victims. Today we announce three new steps to make the initiative more effective and to win more cases. I want to thank the dedicated and committed professionals in our Civil Rights Division and our partners in the Department of Housing and Urban Development for their hard work in this effort. We will continue to aggressively pursue harassers, because everyone has a right to be safe in their home."
In October 2017, the Justice Department announced an initiative to combat sexual harassment in housing and launched pilot programs in Washington, D.C. and the Western District of Virginia. The initiative sought to increase the Department’s efforts to protect women from harassment by property owners, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners.
During the pilots, the Department developed and tested ways to better connect both with victims of sexual harassment in housing and with those organizations that victims may turn to first for help – including law enforcement, legal services providers, public housing authorities, sexual assault service providers, and shelters.
While the Justice Department recognizes that leads and investigations do not always lead to enforcement actions, the pilot program’s results –when extrapolated across all the U.S. Attorney’s Offices across the country – could lead to hundreds of new reports of sexual harassment in housing across the country.
Because of these promising results, the Department is rolling out three major components to the Initiative.
First, the new HUD-DOJ Task Force to Combat Sexual Harassment in Housing will drive a shared strategy between the Department and HUD for combatting sexual harassment in housing across the country. It will focus on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.
Second, the outreach toolkit is designed to leverage the Justice Department’s nationwide network of U.S. Attorney’s offices. The toolkit provides templates, guidance, and checklists based on pilot program feedback. It ultimately will amplify available enforcement resources and help victims of sexual harassment connect with the Department.
Third, the public awareness campaign has three major components: a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s Offices. The campaign is specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment.
More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an email to fairhousing@usdoj.gov, or contact HUD at 1-800-669-9777. If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.
Member of Gangster Disciples Pleads Guilty to RICO ConspiracyRead the Press Release
Memphis, TN – One of 16 alleged Gangster Disciples members and associates indicted on racketeering charges in May 2016 pleaded guilty to RICO conspiracy. Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney D. Michael Dunavant of the Western Division of Tennessee, Special Agent in Charge Michael T. Gavin of the FBI’s Memphis Division, and Acting Special Agent in Charge Jack Webb of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Memphis Field Division, made the announcement.
Tommy Earl Champion, Jr., a/k/a "Duct Tape," 29, of Jackson, Tennessee, pleaded guilty on April 2 before U.S. District Judge John T. Fowlkes Jr. to one count of conspiracy to participate in a racketeering offense, and one count of using and carrying a firearm during and in relation to a crime of violence.
According to the indictment, the Gangster Disciples is a highly organized national gang active in more than 35 states. The scope of the Gangster Disciples’ crimes is wide-ranging and consistent throughout its national operation. The gang protects its power through threats, intimidation, and violence, including murder, attempted murder, assault and obstruction of justice. The Gangster Disciples promotes its enterprise through member-only activities and provides financial and other support to members charged with or incarcerated for gang-related offenses or who are fugitives from law enforcement.
Members and associates of the Gangster Disciples are subject to a strict code of discipline and are routinely fined, beaten, and even murdered for failing to follow the gang’s rules. "Enforcers" within the enterprise ensure that members who violate the strict rules of the enterprise are appropriately punished.
Champion is scheduled to be sentenced on July 6, 2018.
This prosecution was brought as part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
The FBI; ATF; the Memphis Multi-Agency Gang Unit; the Memphis Police Department; the Shelby County Sheriff’s Office; the Jackson Police Department Gang Enforcement Team; the Tennessee Bureau of Investigation; the Madison County Sheriff’s Department; the 28th Judicial District West Tennessee Drug Task Force; the Tipton County Sheriff’s Office; the 26th Judicial District Attorney General’s Office; the 25th Judicial District Attorney General’s Office; the Atascosa County District Attorney’s Office; and the Shelby County District Attorney’s Office investigated this case.
Trial Attorney Francesca Liquori of the Criminal Division’s Organized Crime and Gang Section, Assistant U.S. Attorneys Beth Boswell of the Western District of Tennessee and Samuel Stringfellow of the Northern District of Mississippi are prosecuting the case.
Former Shelby County Sheriff’s Deputy Sentenced to 63 Months in Federal PrisonRead the Press Release
Memphis, TN – A former Shelby County Sheriff’s Deputy has been sentenced to 63 months in federal prison for one count of Hobbs Act extortion; one count of receipt of a bribe by a government agent and one count of solicitation to tamper with a witness. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
After ten days of trial in December 2017 before U.S. Senior District Judge Samuel H. Mays, a federal jury convicted Jeremy Drewery of attempting to extort thousands of dollars from an alleged drug dealer in August of 2016. Drewery was also convicted of soliciting a person to tamper with the witness in the extortion case – thereby obstructing justice.
United States Attorney D. Michael Dunavant said: "Official misconduct and corruption by law enforcement officers in positions of trust and authority undermine the foundational integrity of our government institutions. We must root out, expose, and hold accountable those officials who violate the public trust by corrupt acts of extortion, bribery, and witness tampering, and this sentence does just that."
According to information presented in court, Drewery was assigned to the Shelby County Sheriff’s Office’s Narcotics Division at the time of these events, but has since been terminated from the department. The evidence at trial showed that after executing a search warrant on the home of an alleged drug dealer, Drewery demanded money from the man. In exchange, Drewery would not institute a criminal case on the man. The alleged drug dealer contacted the FBI, which began an investigation. Over the course of three weeks, Drewery met with the alleged drug dealer and received a total of $8,000. Each of the meetings and numerous phone calls between Drewery and the alleged drug dealer were recorded.
Shelby County Sheriff’s Office Chief Deputy Floyd Bonner said, "It is always a sad day when someone who was sworn to uphold the law is convicted of violating the law. This outcome is proof that no one is above the law. The Sheriff’s Office is proud to work with the U.S. Attorney’s Office to ensure equal justice for all."
The evidence at trial showed that, after Drewery’s arrest on the attempted extortion, he paid a confidential informant $2,000 to solicit a person to kill the alleged drug dealer.
"When law enforcement officers break the law they swear to uphold, they undermine the trust and confidence the citizens have that law enforcement will serve and protect them," said Michael T. Gavin, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. "This sentence will send a strong message to those who would stray from their mission to uphold and enforce the law, that the FBI will aggressively identify, investigate, and bring you to justice."
At today’s sentencing, Assistant U.S. Attorney Reagan Taylor requested an enhanced sentence for the defendant, describing the offense as "an egregious violation of the public’s trust in law enforcement." Judge Mays sentenced Drewery to 63 months imprisonment and 3 years supervised release to begin after his period of incarceration.
This case was investigated by the Tarnished Badge Task Force, which is comprised of investigators from the FBI, Memphis Police Department and the Shelby County Sheriff’s Office.
Assistant U.S. Attorneys Reagan M. Taylor and Mark Erskine prosecuted this case on the government’s behalf.
Texas Man Indicted for Trafficking over 50 Pounds of CocaineRead the Press Release
Memphis, TN – A Brownsville, Texas man has been indicted for possession with intent to distribute cocaine and conspiracy to distribute cocaine. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictment today.
According to the indictment, on September 25, 2017, officers with the West Tennessee Drug Task Force conducted a traffic stop on a vehicle heading east on I-40. A subsequent search of the vehicle revealed over 50 pounds of cocaine. The occupants were bringing drugs from Houston, Texas through Tennessee on their way to Knoxville.
A thorough investigation conducted by the Drug Enforcement Administration offices in Memphis, Houston, and Brownsville, Texas revealed 39-year-old Jose Manuel Escobedo, as the source trafficking the drugs from Brownsville, Texas, a town situated directly on the border of the United States and Mexico. The defendant was recently arrested in Brownsville, Texas and transported to Memphis, where he has been detained pending the outcome of his trial. If convicted, Escobedo faces a mandatory minimum sentence of at least 10 years up to life in prison.
The West Tennessee Drug Task Force, an extension of the Shelby County District Attorney’s Office, investigated the case, along with the Drug Enforcement Administration.
Special Assistant U.S. Attorney Joseph Griffith is prosecuting this case on the government’s behalf.
One Member of Gangster Disciples Pleads Guilty to Rico ConspiracyRead the Press Release
This week, one of 16 alleged Gangster Disciples members and associates indicted on racketeering charges in May 2016 pleaded guilty to RICO conspiracy.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U. S. Attorney D. Michael Dunavant of the Western District of Tennessee, Special Agent in Charge Michael T. Gavin of the FBI’s Memphis Division, and Acting Special Agent in Charge Jack Webb of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Memphis Field Division, made the announcement.
Tommy Earl Champion, Jr., aka Duct Tape, 29, of Jackson, Tennessee, pleaded guilty on April 2, before U.S. District Judge John T. Fowlkes Jr. to one count of conspiracy to participate in a racketeering offense, and one count of using and carrying a firearm during and in relation to a crime of violence.
According to the indictment, the Gangster Disciples is a highly organized national gang active in more than 35 states. The scope of the Gangster Disciples’ crimes is wide-ranging and consistent throughout its national operation. The gang protects its power through threats, intimidation, and violence, including murder, attempted murder, assault and obstruction of justice. The Gangster Disciples promotes its enterprise through member-only activities and provides financial and other support to members charged with or incarcerated for gang-related offenses or who are fugitives from law enforcement.
Members and associates of the Gangster Disciples are subject to a strict code of discipline and are routinely fined, beaten and even murdered for failing to follow the gang’s rules. "Enforcers" within the enterprise ensure that members who violate the strict rules of the enterprise are appropriately punished.
Champion is scheduled to be sentenced on July 6.
The FBI; ATF; the Memphis Multi-Agency Gang Unit; the Memphis Police Department; the Shelby County, Tennessee Sheriff’s Office; the Jackson Police Department Gang Enforcement Team; the Tennessee Bureau of Investigation; the Madison County, Tennessee Sheriff’s Department; the 28th District West Tennessee Drug Task Force; The Tipton County, Tennessee, Sheriff’s Office; the 26th Judicial District Attorney General’s Office; the 25th Judicial District Attorney General’s Office; the Atascosa County, Tennessee District Attorney’s Office; and the Shelby County District Attorney General’s Office investigated this case. Trial Attorney Francesca Liquori of the Criminal Division’s Organized Crime and Gang Section, Assistant U.S. Attorneys Beth Boswell of the Western District of Tennessee and Samuel Stringfellow of the Northern District of Mississippi are prosecuting the case.
West Tennessee Man Sentenced to 110 Months in Federal Prison for Possession and Receipt of Child PornographyRead the Press Release
Memphis, TN – A Cottage Grove, Tenn, man has been sentenced to 110 months in federal prison for possession and receipt of child pornography. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, in February 2017, law enforcement officers in Henry County, Tenn, received a lead out of Belvidere, Illinois, regarding Russell Jann, 44, of Cottage Grove. Based on that lead and the ensuing investigation, agents learned that Jann had been engaging in sexually explicit online chats and conversations via text messages with at least four minor victims ranging in age from 15 to 17 years old.
U.S. Attorney D. Michael Dunavant said, "Sexual predators who victimize children cannot hide from ultimate detection and aggressive prosecution by this office. This significant sentence will ensure accountability and incapacitation for the offender, promote deterrence of others who seek to prey upon children, and accomplish justice for the vulnerable victims in this disturbing case."
Jann exchanged messages with the victims containing pictures of his genitalia and videos of himself masturbating and received similar sexually explicit images and/or videos of at least 3 of the 4 minor victims. Agents also recovered a laptop computer and external hard drive from Jann’s home that contained thousands of images and videos of child pornography depicting children as young as infants. Jann pleaded guilty to receipt and possession of child pornography in November 2017.
On April 4, 2018, the Honorable J. Daniel Breen sentenced Jann to 110 months imprisonment and 5 years supervised release to begin after incarceration. He was also ordered to pay $4,000 in restitution.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexually exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visits www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc/resources.html and click on the tab "resources."
This case was investigated by the FBI, Belvidere Police Department, Belvidere, Illinois; and Henry County Sheriff’s Office.
Assistant U.S. Attorney Kasey Weiland prosecuted this case on the government’s behalf.
Memphis Man Guilty of Child ExploitationRead the Press Release
Memphis, TN – A federal jury has found a Memphis man guilty on two counts of distribution of child pornography and one count of possession of child pornography. Attorney D. Michael Dunavant for the Western District of Tennessee announced the verdicts today.
According to information presented in court, from February through October 2016, Marcus Williams, 28, used the chat application Kik, as well as several email accounts, to distribute images of minors engaging in sexually explicit conduct. When members of the Memphis Child Exploitation Task Force searched Williams’ Memphis residence, they seized three smart phones and one laptop, all containing child pornography. The laptop alone contained more than 3,000 videos that depicted sexual assault of children, many of whom were prepubescent.
U.S. Attorney D. Michael Dunavant said, "With new and ever-changing technology, criminals are using more creative and disturbing ways to commit cyber-crimes against vulnerable victims, including the sexual exploitation of children by distribution of child pornography. This office will always aggressively prosecute and seek significant and mandatory sentences for such predatory behavior in order to protect children and hold offenders accountable."
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visits http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.
Sentencing is set for July 25, 2018 at 9:30 a.m., before U.S. Senior District Judge Samuel H. Mays. Williams faces a maximum sentence of up to 60 years imprisonment.
This case was investigated by Homeland Security Investigations and FBI. Assistant U.S. Attorney Deb Ireland is prosecuting this case on the government’s behalf.
Former Nashville U.S. Attorney and Former Commissioner of the Tennessee Department of Correction Sentenced in Federal and State Courts for Mail Fraud Scheme Victimizing Black FarmersRead the Press Release
Jackson, TN – Quenton Irwin White, the former U.S. Attorney for the Middle District of Tennessee as well as the former Commissioner of the Tennessee Department of Correction, has been sentenced to federal prison for a mail fraud scheme to defraud black farmer clients. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
The U.S. Attorney’s Office for the Western District of Tennessee charged that from September 2013 through October 2016, and after his term as U.S. Attorney, Quenton Irwin White 57, while in private practice as a licensed attorney in Nashville, Tennessee, sent postcards soliciting business from successful claimants in the class action case, "Black Farmers Discrimination Litigation." In the class case, successful claimants would receive an award of $62,500 because of USDA discriminatory loan practices. USDA would send $12,500 to IRS, with each claimant to receive $50,000. White did not distribute the $50,000 and used it for his own personal benefit. White entered a guilty plea on October 13, 2017, before Chief Judge S. Thomas Anderson.
U.S. Attorney D. Michael Dunavant said: "Mr. White used his privilege to practice law and a position of fiduciary trust to commit crimes of fraud and dishonesty that victimized vulnerable black farmers and their families for his own selfish personal gain. Nobody is above the law, and as a former U.S. Attorney and State Correction Commissioner, he should have known better. We are thankful for the partnership with the 25th Judicial District Attorney General’s Office in working together to hold White accountable in both federal and state courts for the betrayal of his professional oath, and we are glad to achieve justice for the victims in this case."
On three separate occasions, White was hired as the attorney to represent the estates from the Black Farmers Discrimination Litigation. At each transaction, the USDA would provide the $50,000 check to White, who in turn would deposit into the White Law Group’s escrow account. When claimants inquired about their funds, White would send a letter explaining that the funds were unavailable and the estate could not be closed. In another instance, White wrote checks to the heirs of a claimant, but checks were not honored by the bank due to insufficient funds in the escrow account.
25th Judicial District Attorney General Mark Davidson said: "Quenton I. White defrauded black farmers of over $45,000 on the front steps of the Fayette County Courthouse. He was subsequently prosecuted and convicted in Fayette County Circuit Court of three (3) felony counts of passing worthless checks and is serving jail time for those offenses, in addition to being ordered to pay restitution to his victims. As their attorney, and a former U.S. Attorney and Correction Commissioner, White abused a position of trust and further victimized minority victims of discriminatory loan practices. His State and Federal convictions and sentences demonstrate that such criminal activity will not be tolerated in the 25th Judicial District. We are thankful for our partnership with the U.S. Attorney’s Office to achieve justice for these victims and deter others from such criminal conduct. We also thank the Fayette County Sheriff’s Office for their investigation of these crimes."
On Friday, March 30, 2018, U.S. District Court Senior Judge S. Thomas Anderson sentenced White to 1 year and 1 day incarceration in federal prison, with 2 years supervised release. He was also ordered to pay $141,000 in restitution to the victims.
In addition to the federal case, White pleaded guilty in the Circuit Court of Fayette County, TN, to 3 Class C felonies for issuing 3 worthless checks that totaled $50,000. He was sentenced to a total effective state sentence of nine years, suspended after service of 180 days in the Fayette County Jail; supervised state probation; and payment of restitution to the victims in the total amount of $50,000. The state sentence was ordered to run concurrent to the federal sentence for the same criminal conduct. White was also disbarred from the practice of law by the Tennessee Supreme Court related to the conduct in this case, including misrepresentations to clients, misuse of clients’ monies, and failing to protect client’s property and funds.
The case was investigated by the Federal Bureau of Investigation, Internal Revenue Service, and the Fayette County Sheriff’s Office.
Assistant U.S. Attorney Victor L. Ivy prosecuted this case on the federal government’s behalf. Assistant District Attorney General Falen Chandler prosecuted the case on behalf of the State of Tennessee.
During National Conference, U.S. Attorney Dunavant Selected to Serve on Three Attorney General SubcommitteesRead the Press Release
Memphis, TN – United States Attorney for the Western District of Tennessee D. Michael Dunavant attended the 2018 United States Attorneys’ National Conference at the Robert F. Kennedy Main Justice Headquarters Building in Washington, D.C.
Dunavant joined with other United States Attorneys from all 93 federal districts across the country for briefings and training on various DOJ priorities and topics, including national security, federal sentencing guidelines, narcotics enforcement, organized crime, the opioid epidemic, human trafficking, cybercrime and other technology-related investigations, asset forfeiture, violent crime and Project Safe Neighborhoods, financial crimes, professional responsibility, and office management. The U.S. Attorneys also met with Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein, Solicitor General Noel Francisco, FBI Director Christopher Wray, DEA Acting Administrator Robert Patterson, U.S. Secretary of Labor Alexander Acosta, and Medal of Honor Recipient, U.S. Army Captain Florent Groberg.
During the National Conference, Dunavant was also selected to serve on three subcommittees of the Attorney General’s Advisory Committee (AGAC), Chaired by Richard Moore, U.S. Attorney for the Southern District of Alabama. The AGAC was created in 1973 to serve as the voice of U.S. Attorneys and to advise the Attorney General of the United States on policy, management, and operational issues impacting the offices of the U.S. Attorneys. With members representing various federal judicial districts, geographic locations, and small, medium and large size offices, the Committee meets with the Attorney General and works to further the goals as set by the President of the United States. Dunavant will be serving on the Violent and Organized Crime Subcommittee, the Controlled Substances Subcommittee, and the Native American Issues Subcommittee.
"I was honored to meet with all of my U.S. Attorney colleagues from across the country to share and receive information about our collective work to advance the priorities of the Department of Justice to promote public safety, enforce the rule of law, and achieve the effective administration of justice in our respective districts. I am pleased to serve on the AGAC subcommittees in order to focus on strategies and policies to combat violent and organized crime, reduce drug addiction and trafficking, and promote public safety in our tribal communities," said U.S. Attorney D. Michael Dunavant.
Attorney General Jeff Sessions along with U.S. Attorneys from all 93 Federal Districts
Attorney General Jeff Sessions and U.S. Attorney D. Michael Dunavant
Bolivar Man Sentenced to over 22 years in Federal PrisonRead the Press Release
Jackson, TN – A Bolivar, Tenn., man has been sentenced to federal prison for conspiracy to distribute 50 grams or more of actual methamphetamine (ICE). U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
On March 29, 2018, Deon Brown, Sr., 49, a/k/a/ "Pleezy," was sentenced to 275 months in United States District Court in Jackson, Tenn., by the Honorable J. Daniel Breen. Brown participated in a conspiracy that from August 29, 2014 through March 19, 2016 was distributing ICE in the Western District of Tennessee and elsewhere.
U.S. Attorney D. Michael Dunavant said: "Use and trafficking of methamphetamine continues to destroy lives, families, and communities across West Tennessee. The joint cooperation between federal, state, and local law enforcement in this OCDETF case demonstrates our ability and resolve to dismantle drug trafficking organizations, including those that distribute narcotics from locations across the country. The significant sentence in this case sends a clear message to those drug dealers who distribute poison in the Western District of Tennessee: You cannot prey upon our citizens for your selfish personal gain with impunity; there will be a reckoning."
Facts introduced at the sentencing hearing revealed that during the time period of the conspiracy, Brown was responsible for distributing 10.89 kilos of actual methamphetamine. Agents conducted undercover purchases of the ICE from Brown. At sentencing, proof of airline trips made by Brown to Las Vegas to purchase the product for himself and others was introduced. Brown and the co-conspirators were purchasing the illegal narcotics in Las Vegas for $200 to $300 per ounce and were reselling it in Tennessee and Mississippi for $1200 to $1600 an ounce.
On May 11, 2015, agents purchased 82 grams of 97.5% pure methamphetamine from Brown for $2700. On May 14, 2015, Agents purchased 56 grams of 96.9% pure methamphetamine from Brown for $1800. On June 3, 2015, Agents purchased 27.87 grams of methamphetamine from Brown for $900. Finally, on July 22, 2015, Agents purchased 112.4 grams of 99.1% pure methamphetamine from Brown for $3200.
This prosecution is part of an extensive investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt and dismantle the targeted criminal organization and seize their assets.
This case was investigated by the Drug Enforcement Administration; Tennessee Bureau of Investigation; 24th Judicial District Drug Task Force; and Jackson-Madison County Metro Narcotics.
Assistant U.S. Attorney Beth C. Boswell prosecuted this case on the government’s behalf.
Regional Enforcer of Gangster Disciples Sentenced to 30 Years in Prison for RacketeeringRead the Press Release
A Gangster Disciples gang member was sentenced today to 360 months in prison and five years of supervised release for conspiring to participate in a racketeering enterprise.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U. S. Attorney D. Michael Dunavant of the Western District of Tennessee, Special Agent in Charge Michael T. Gavin of the FBI’s Memphis Division, and Acting Special Agent in Charge Jack Webb of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Memphis Field Division, made the announcement.
Henry Cooper, aka Big Hen, 37, of Memphis, Tennessee, was sentenced by U.S. District Judge John T. Fowlkes Jr. of the Western District of Tennessee. Cooper previously pleaded guilty to conspiracy to participate in racketeering activity.
The Gangster Disciples is a highly organized national gang active in more than 24 states. The scope of the Gangster Disciples’ crimes is wide-ranging and consistent throughout its national operation. The gang protects its power through threats, intimidation, and violence, including murder, attempted murder, assault, and obstruction of justice. The Gangster Disciples promotes its enterprise through member-only activities and provides financial and other support to members charged with or incarcerated for gang-related offenses or who are fugitives from law enforcement.
Members and associates of the Gangster Disciples are subject to a strict code of discipline and are routinely fined, beaten, and even murdered for failing to follow the gang’s rules. "Enforcers" within the enterprise ensure that members who violate the strict rules of the enterprise are appropriately punished.
According to statements made at his sentencing hearing, Cooper was a Gangster Disciple from 1992 until the time of his arrest in 2016. Furthermore, he was a high-ranking member of the Gangster Disciples, and at the time of indictment and arrest in this case served as the Regional Enforcer for the State of Tennessee. As the Regional Enforcer, Cooper was responsible for enforcement in Tennessee and six other states, including Arkansas, Illinois, Indiana, Kentucky, Ohio, and Wisconsin. One of Cooper’s responsibilities was to pass along information from the Chief Enforcer for the Gangster Disciples to enforcers in these states. Cooper also oversaw the enforcement of punishments, supervised the criminal activities of other members, issued orders to commit violent offenses against rivals and subordinates, and presided over Gangster Disciple meetings where criminal activity was discussed.
Cooper also participated directly in the activities of the gang, including acts involving murder, kidnapping, assault, witness intimidation, narcotics distribution, and weapons trafficking. Cooper’s participation in the criminal activities of the Gangster Disciples spanned approximately 25 years.
The FBI; ATF; the Memphis Multi-Agency Gang Unit; the Memphis Police Department; the Shelby County, Tennessee Sheriff’s Office; the Jackson Police Department Gang Enforcement Team; the Tennessee Bureau of Investigation; the Madison County, Tennessee Sheriff’s Department; the 28th District West Tennessee Drug Task Force; The Tipton County, Tennessee, Sheriff’s Office; the 26th Judicial District Attorney General’s Office; the 25th Judicial District Attorney General’s Office; the Atascosa County, Tennessee District Attorney’s Office; and the Shelby County District Attorney General’s Office investigated this case. Trial Attorney Francesca Liquori of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Beth Boswell of the Western District of Tennessee and Samuel Stringfellow of the Northern District of Mississippi are prosecuting the case.
Four Correctional Officers Indicted for Introducing or Possessing Drugs in Tennessee PrisonRead the Press Release
Memphis, TN – Four individuals have been indicted for introducing or possessing drugs in the Tennessee Department of Correction. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today.
On February 20, 2018, a federal grand jury returned four indictments against four Tennessee Department of Correction officers who worked at the Northwest Correctional Complex, a state penitentiary in Lake County, Tennessee.
U.S. Attorney D. Michael Dunavant said: "Official misconduct by public officers in positions of trust and authority undermines the foundational integrity of our government institutions and the security of correctional facilities. We will root out, expose, and hold accountable those officials who violate their oath for personal gain by introducing illegal narcotics into jails and prisons."
"Every day across this great state the overwhelming majority of correctional professionals perform their duties with professionalism in an environment few people have the strength to tread," shares TDOC Commissioner Tony Parker. "Officers that violate their oath will not be tolerated and will be prosecuted to the fullest extent of the law."
The four defendants listed are:
- Kiara Bogan, 27, Hickman, KY, indicted for distribution of marijuana.
- Michael Holland, 20, Union City, TN, indicted for two counts of possession of marijuana with intent to distribute.
- Darreia Johnson, 21, Hickman, KY, indicted for possession of marijuana with intent to distribute.
- Robert Sanders, 41, Newbern, TN, indicted for possession of cocaine with intent to distribute.
"Law enforcement officers are accountable for enforcing the law and upholding the public trust, especially corrections officers who are responsible for overseeing those held in the custody of the state," said Special Agent in Charge Michael T. Gavin of the Memphis Field Office of the Federal Bureau of Investigation. "These indictments should not be a reflection on the vast number of law enforcement professionals who honorably serve their communities and represent their agencies every day, like those who vigorously investigated this matter."
During this investigation, agents seized 13 ounces of marijuana and 51 grams of cocaine.
If convicted, defendants Bogan, Holland and Johnson each face up to 5 years imprisonment. Defendant Sanders faces up to 20 years in federal prison.
The Federal Bureau of Investigation’s Tarnished Badge Task Force investigated the case against Bogan and Sanders. The Tennessee Department of Correction’s investigative unit investigated the case against Johnson and Holland.
Assistant U.S. Attorney Dean DeCandia is prosecuting these cases on the government’s behalf.
The charges and allegations in the indictments are merely accusations, and the defendants are presumed innocent unless and until proved guilty.
Behind the HeadlinesRead the Press Release
Link: https://www.youtube.com/watch?v=ozgbviAdP20&feature=youtu.be&app=desktop
Four Members of an Armed Robbery Crew have been Indicted for Committing Robberies throughout Western Tennessee, Resulting in One FatalityRead the Press Release
Memphis, TN – Four individuals have been indicted for conspiracy to commit robberies of drug dealers in the Western District of Tennessee, one of which resulted in a fatality. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today.
On March 7, 2018, a federal grand jury returned the indictment, which remained sealed until the defendants’ arrest. This investigation was conducted in conjunction with prosecutors in Memphis as part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF) Program, which seeks to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations, money laundering organizations and related criminal enterprises.
This indictment follows a four-month investigation involving agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as well as other federal and state agencies. These defendants participated in a conspiracy to rob drug dealers throughout the Western District of Tennessee.
The four defendants listed are currently in custody:
Marcus Danner, 38, Memphis, Tennessee
Quintez Agnew, 33, Memphis, Tennessee
Shuntario Johnson, 37, Memphis, Tennessee
John Lott, 29, Memphis, TennesseeCount 1 charges Marcus Danner; Quintez Agnew; Shuntario Johnson; and John Lott with conspiracy to obstruct, delay and affect commerce by robbery, in that the defendants did
plan on robbing persons engaged in interstate commerce, that is, narcotics trafficking, of drugs and drug proceeds.
Count 2 charges Marcus Danner; Quintez Agnew; Shuntario Johnson; and John Lott with conspiracy to possess with the intent to distribute 5 kilograms or more of a mixture of substance containing a detectable amount of cocaine.
Count 3 charges Shuntario Johnson with carjacking by force, violence and intimidation, with the intent to cause serious bodily injury.
Count 4 charges Shuntario Johnson with carrying and discharging a firearm, during and in relation to a crime of violence, that is, the taking a motor vehicle, that had been transported, shipped and received in interstate commerce by force, violence and intimidation, with the intent to cause serious bodily injury.
Count 5 charges Shuntario Johnson with using and discharging a firearm, during and in relation to a crime of violence, that is, the taking of a motor vehicle, that had been transported, shipped and received in interstate commerce by force, violence and intimidation, with the intent to cause serious bodily injury.
Count 6 charges Shuntario Johnson with possessing a firearm after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year.
Count 7 alleges Marcus Danner; Quintez Agnew; Shuntario Johnson; and John Lott being aided and abetted by the other did unlawfully obstruct, delay and affect commerce by robbery in that the defendants did attempt to rob an individual then engaged in interstate commerce, that is, narcotics trafficking, of drugs and drug proceeds.
Count 8 alleges Marcus Danner; Quintez Agnew; Shuntario Johnson; and John Lott, being aided and abetted by the other did knowingly carry and discharge a firearm, during and in relation to a crime of violence, that is, to obstruct, delay and affect commerce by robbery in that the defendants did attempt to rob B.B., an individual then engaged in interstate commerce, that is, narcotics trafficking, of drugs and drug proceeds.
Count 9 alleges Marcus Danner; Quintez Agnew; Shuntario Johnson; and John Lott, being aided and abetted by the other did knowingly use and discharge a firearm, during and in relation to a crime of violence to obstruct, delay and affect commerce by robbery in that the defendants did attempt to rob B.B., an individual then engaged in interstate commerce, that is narcotics trafficking, of drugs and drug proceeds by threats of physical violence.
Count 10 charges Marcus Danner with possessing a firearm after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year.
Count 11 charges Quintez Agnew with possessing a firearm after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year.
Count 12 charges Shuntario Johnson with possessing a firearm after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year.
Count 13 charges John Lott with possessing a firearm after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year.
Count 14 alleges Marcus Danner; Quintez Agnew and Shuntario Johnson being aided and abetted by the other, did knowingly possess a firearm, in furtherance of a drug trafficking crime, that is, conspiracy to possess with intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine.
Count 15 alleges Marcus Danner; Quintez Agnew and Shuntario Johnson, being aided and abetted by the other, did knowingly carry a firearm, in furtherance of a drug trafficking crime, that is, conspiracy to possess with intent to distribute five kilograms or more of a mixture or substance containing detectable amount of cocaine.
Count 16 alleges Marcus Danner having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affect interstate commerce with a firearm.
Count 17 alleges Quintez Agnew having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting interstate commerce with a firearm.
Count 18 alleges Shuntario Johnson, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting interstate commerce with a firearm.
During this investigation, agents seized multiple firearms; approximately $2,000 in U.S. currency; and approximately 28 grams of crack cocaine.
If convicted, the defendants face mandatory minimum sentences of 10 years imprisonment up to life.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Memphis Police Department, Multi Agency Gang Unit and Shelby County Sheriff’s Office investigated this case.
Assistant U.S. Attorney Jerry Kitchen is prosecuting this case on the government’s behalf.
The charges and allegations in the indictment are merely accusations, and the defendants are presumed innocent unless and until proved guilty.
Former Nurse Assistant Charged with Civil Rights Offense for Striking Residents of the Memphis Veterans Affairs Medical CenterRead the Press Release
Memphis, TN – The Justice Department today announced that a federal grand jury returned an indictment charging Adrian Wiggins, 53, a former Nurse Assistant at the Memphis Veterans Affairs Medical Center, with a civil rights offense. The indictment alleges that on January 8, 2017, Wiggins repeatedly struck an individual identified by the initials W.B., a resident of the Memphis Veterans Affairs Medical Center, and caused bodily injury as a result.
The charge provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the advisory U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorneys David Pritchard and Reagan Taylor of the Western District of Tennessee and Trial Attorney Rachel Kincaid of the Justice Department’s Civil Rights Division.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.
Opinion | Violent crime = federal jail timeRead the Press Release
Published 1:05 p.m. CT March 6, 2018 | Updated 2:27 p.m. CT March 6, 2018
As a prosecutor, my ink pen is my primary weapon. I have a very nice Montblanc ink pen, which was a generous gift from a dear friend.
I use that pen to sign the indictments by which the federal criminal justice process begins, in order to ultimately hold criminal offenders accountable by sending them to federal prison.
Reducing violent crime, including offenses committed by the illegal possession and use of firearms, is the top priority of my office and the Department of Justice.
As directed by Atty. Gen. Jeff Sessions, we charge and pursue the most serious, readily provable violent and firearms offenses, and seek the most substantial punishment under the sentencing guidelines, including the use of mandatory minimum sentences for armed career criminals and felons in possession of firearms.
We have recommitted our efforts to initiatives that have worked in the past to reduce violent crime, such as the Project Safe Neighborhoods (PSN) program, which aggressively targets all firearms offenses with the most swift, certain, and appropriate penalties.
Only by a return to those policies and practices that have proven to work can we accomplish the goals of criminal prosecution to ensure public safety: incapacitation of dangerous offenders, specific and general deterrence of future crimes, retributive justice for victims and the community, and respect for the rule of law.
Bank and business robbery, carjacking, aggravated assault, and gang and domestic violence are all federal crimes committed with firearms that violate the fundamental civil rights of all citizens to be safe in their homes, businesses, and communities.
The violent crime rate in Memphis, Jackson, and across the Western District of Tennessee is unacceptably and disproportionately high - especially in our most vulnerable neighborhoods.
The news from the DOJ is that we are open for business, and we will not cede our safety and security in one city, in one neighborhood, or on one street corner to violent crime.
My message is clear: If you are a violent criminal with a firearm, you will be held accountable and removed from our streets. When you pick up your weapon, rest assured that I will pick up mine, and I will use it aggressively, frequently, and unapologetically.
At the U.S. Attorney’s Office, we are urgent in our mission to reduce violent crime. We are comprehensive in the scope of our investigations and prosecutions. And we are relentless in our resolve to make West Tennessee safe again.
D. Michael Dunavant is the United States Attorney for the Western District of Tennessee.
Medina Resident Sentenced for Forging Court DocumentsRead the Press Release
Memphis, TN – A Medina resident has been sentenced to federal prison for forgery of a court document. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, Jay Richard Hassman, 52, of Medina, Tennessee, had outstanding debts with various creditors. Hassman created a fictitious restraining order, bearing a forged digital signature of U.S. District Court Judge Sheryl H. Lipman, stating that the creditors were restrained from "reprocessing, beginning the foreclosure process, shutting off utilities, eviction proceedings and/or other services until May 19, 2016." The order also required the creditors to negotiate Hassman’s debts and credit him any fees. He sent the order to several of his creditors.
On February 28, 2018, Hassman was sentenced to eight months imprisonment by U.S. Senior District Judge Samuel H. Mays, Jr., consecutive to 11 months currently serving in Tipton County on an unrelated matter, followed by 3 years supervised release.
This case was investigated by the FBI. Assistant U.S. Attorney Dean DeCandia prosecuted this case on the government’s behalf.
Ex-Employee Sentenced for Stealing Personal Information from the CloudRead the Press Release
Memphis, TN – A Collierville resident has been sentenced to federal prison for computer fraud and aggravated identity theft. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, in mid-February 2017, Jeffrey R. Luke’s, 42, employment as a behavioral analyst at Transformations Autism Treatment Center (TACT) in Bartlett, Tennessee, was terminated, as was Luke’s authority to access TACT’s patient records. The records were kept in a password-protected secure Google Drive account. When Luke was dismissed, passwords were changed in order to protect the data.
U.S. Attorney D. Michael Dunavant said: "With new and ever-changing technology, criminals are using more creative and disturbing ways to commit cyber-crimes against vulnerable victims, including identity theft. This case demonstrates the commitment and ability of the U.S. Attorney’s office, working with our federal and local law enforcement partners, to detect compromises of personal and sensitive information and hold offenders accountable for such fraudulent schemes."
However, in March, TACT’s information technology specialist noticed that the email address TACT employees used to log in to Google Drive had been comprised. Investigators identified the Internet protocol (IP) address through which the hack was accomplished, and traced it to Luke’s residence. A search warrant was executed; patient records, forms and templates were found on Luke’s computer hard drive.
On March 2, 2018, Luke was sentenced by U.S. District Judge John T. Fowlkes, Jr. to 30 months imprisonment and 3 years supervised release. He was also ordered to pay $14,941.36 in restitution.
This case was investigated by the FBI and Bartlett Police Department. Assistant U.S. Attorney Deb Ireland prosecuted this case on the government’s behalf.
Tennessee Staffing Company Owners Sentenced to Prison for Payroll Tax FraudRead the Press Release
Two former Memphis staffing company owners were sentenced to prison today for payroll tax fraud, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney D. Michael Dunavant for the Western District of Tennessee.
Mark Stinson, who was convicted in December 2017 at trial of conspiring to defraud the United States, failing to pay over payroll taxes, filing false tax documents, theft of government funds, and aggravated identity theft, was sentenced to 75 months in prison. His wife, Jayton Stinson, previously pleaded guilty to conspiring to defraud the United States, and was sentenced to one year in prison.
According to court documents and trial testimony, from 2005 through 2015, Mark and Jayton Stinson operated a temporary staffing company in Memphis that provided services to businesses in Tennessee and elsewhere. The staffing company’s standard contract with its customers provided that the staffing company was responsible for withholding employment tax from its employees’ wages and paying over the amounts withheld to the Internal Revenue Service (IRS).
The Stinsons failed to pay over $2.8 million in withholdings and other employment taxes due to IRS, failed to timely file employment tax returns and filed false employment tax returns. In an effort to avoid making payments to the IRS, the Stinsons changed the name and structure of the company multiple times after accumulating employment tax liabilities, operating as Jayton Stinson Connex Staffing & Janitorial Service, Connexx Staffing Services LLC, Connexx Staffing Services Inc., and Complete Employment Agency.
The Stinsons also conspired to impede efforts by the IRS to collect on the employment tax liabilities owed by their companies. For example, the Stinsons made false representations to the IRS about their control of the staffing company and their knowledge of the requirement to truthfully account for and pay over the employment taxes, falsely identified multiple family members as company executives, placed the staffing company in the names of nominees who did not have control over the business operations, and established payment arrangements intended to impede an IRS levy placed on their customer payments. The Stinsons used the withheld funds to pay for personal expenses, including a Mercedes-Benz, a Cadillac Escalade, mortgage payments, and private school tuition for their children.
Mark Stinson also filed a fraudulent tax return for a relative that included a false dependent seeking a refund to which the relative was not entitled. Stinson received a substantial portion of the fraudulent refund.
In addition to the terms of imprisonment, U.S. District Court Judge John T. Fowlkes, Jr. ordered the Stinsons to serve terms of supervised release and to pay restitution of $ 2.8 million.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Dunavant commended special agents of IRS-Criminal Investigation, who investigated the case, and Assistant U.S. Attorney Damon Griffin and Trial Attorney Nathan Brooks, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Tennessee Staffing Company Owners Sentenced to Prison for Payroll Tax FraudRead the Press Release
Memphis, TN – Two former Memphis staffing company owners were sentenced to prison today for payroll tax fraud, announced Principal Deputy Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney D. Michael Dunavant for the Western District of Tennessee.
Mark Stinson, who was convicted in December 2017 at trial of conspiring to defraud the United States, failing to pay over payroll taxes, filing false tax documents, theft of government funds, and aggravated identity theft, was sentenced to 75 months in prison. His wife, Jayton Stinson, previously pleaded guilty to conspiring to defraud the United States, and was sentenced to one year in prison.
According to court documents and trial testimony, from 2005 through 2015, Mark and Jayton Stinson operated a temporary staffing company in Memphis that provided services to businesses in Tennessee and elsewhere. The staffing company’s standard contract with its customers provided that the staffing company was responsible for withholding employment tax from its employees’ wages and paying over the amounts withheld to the Internal Revenue Service (IRS).
The Stinsons failed to pay over $2.8 million in withholdings and other employment taxes due to IRS, failed to timely file employment tax returns and filed false employment tax returns. In an effort to avoid making payments to the IRS, the Stinsons changed the name and structure of the company multiple times after accumulating employment tax liabilities, operating as Jayton Stinson Connex Staffing and Janitorial Service, Connexx Staffing Services LLC, Connexx Staffing Services, Inc., and Complete Employment Agency.
The Stinsons also conspired to impede efforts by the IRS to collect on the employment tax liabilities owed by their companies. For example, the Stinsonsmade false representations to the IRS about their control of the staffing company and their knowledge of the requirement to truthfully account for and pay over the employment taxes, falsely identified multiple family members as company executives, placed the staffing company in the names of nominees who did not have control over the business operations, and established payment arrangements intended to impede an IRS levy placed on their customer payments. The Stinsons used the withheld funds to pay for personal expenses, including a Mercedes-Benz, a Cadillac Escalade, mortgage payments, and private school tuition for their children.
Mark Stinson also filed a fraudulent tax return for a relative that included a false dependent seeking a refund to which the relative was not entitled. Stinson received a substantial portion of the fraudulent refund.
In addition to the terms of imprisonment, U.S. District Judge John T. Fowlkes, Jr., ordered the Stinsons to serve terms of supervised release and to pay restitution of $2.8 million.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Dunavant commended special agents of IRS-Criminal Investigation, who investigated this case, and Assistant U.S. Attorney Damon Griffin and Trial Attorney Nathan Brooks, who prosecuted this case.
Married Couple, Son, and Accomplice Convicted of Defrauding Medicare, Medicaid and TriCareRead the Press Release
Jackson, TN – Following a three-week trial, a federal jury has convicted a married couple and their son, of health-care fraud offenses that led to millions of dollars lost to federal health care programs. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the convictions today.
Sandra Bailey, 67 of Jackson, Tenn., was convicted of 16 counts, including conspiracy, health care fraud, and paying illegal kickbacks in connection with health care services. Her husband, Calvin Bailey, 67, was convicted of conspiracy. Their son, Bryan Bailey, 39, of Milan, Tenn., was convicted of conspiracy and wire fraud. The jury returned guilty verdicts on all 17 counts alleged in the indictment.
U.S. Attorney D. Michael Dunavant said: "Dishonest criminals are using more creative and disturbing fraudulent schemes to victimize vulnerable citizens and the American taxpayers for their own selfish gain. This case represents our commitment to expose these fraudulent schemes, protect the integrity of the Medicaid system, hold offenders accountable for their dishonest criminal conduct, and to recover ill-gotten proceeds on behalf of the government. The U.S. Attorney’s Office is willing and able to go to any lengths in our pursuit of justice in healthcare fraud cases."
Evidence at trial revealed Sandra Bailey and Calvin Bailey sold durable medical equipment including power wheelchairs and back braces. From November 2009 to September 2011, they were both employed at Jaspan Medical Systems ("Jaspan"), a durable medical equipment company with an office in Jackson, Tenn. Durable medical equipment is designed for repeated use and legitimate medical purposes. Following their employment at Jaspan, the couple was employed by other medical supply companies in West Tennessee, Kentucky and Mississippi. Calvin Bailey is also the former principal at Medina Elementary School in Medina, Tenn. Bryan Bailey was the operations and sales manager at Jaspan from October 2009 to July 2013.
While employed at Jaspan, the Baileys began to market wheelchairs to patients and represented them as paid fully by Medicare, and at no cost to the patients. To market the equipment, the Baileys used an extensive network of illegally paid recruiters to find eligible patients. After finding the patients, Sandra and Bryan Bailey would forge and falsify documents to make it appear that the patients qualified for the equipment. They also enlisted a local physician and nurse practitioner to order the equipment without the required physical examinations to determine if the equipment was medically necessary. To facilitate this scheme, Sandra Bailey paid illegal kickbacks to the medical providers.
Numerous patients testified that Sandra Bailey offered the equipment at no cost, and that they never saw the doctor or nurse practitioner before the Baileys delivered the back braces and power wheelchairs. Many also testified that they never used the power wheelchairs, and that the power wheelchairs were too large to be used in their homes. Even though most of the patients could walk, drive vehicles, and care for themselves without the need for a power wheelchair, the Baileys would falsify medical records to make it appear that the patients were qualified. In order to qualify the patients to receive the equipment at no cost, Bryan Bailey falsified and directed others to falsify patients’ income and expenses to make it appear that they were indigent.
In 2010, Bryan Bailey expanded Jaspan’s sales into North Mississippi, and hired a sales representative named Dennis Sensing to sell power wheelchairs. Sensing paid illegal kickbacks to patient recruiters to find Medicare and Medicaid patients. Bryan Bailey received sales commissions for the power wheelchairs sold by Sensing. In order to bill Medicare and Medicaid for the equipment, Sensing forged the signature of a nurse practitioner with Bryan Bailey’s knowledge. Bryan Bailey directed Sensing to falsify patients’ income and expenses to make it appear that they were indigent. Sensing sent via facsimile the forged and falsified documents to Bryan Bailey, who caused the claims to be submitted for payment. Sensing, who previously pleaded guilty to conspiracy to commit healthcare fraud and pay illegal kickbacks, testified in the government’s case.
"This type of criminal activity speaks to the core of why the Tennessee Bureau of Investigation began its Medicaid Fraud Control Unit," said Director Mark Gwyn. "The Tennessee Bureau of Investigation will continue to pursue those who are defrauding the Medicaid system and taking advantage of vulnerable Tennesseans in need of these services."
"We always appreciate the opportunity to work with multi-state law enforcement agencies to combat healthcare fraud and protect our citizens’ resources and tax dollars," said Jim Hood, Attorney General of Mississippi.
"This verdict sends a strong message; members of the Bailey family each face up to 20 years in prison for crimes costing taxpayers millions of dollars," said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. "We will continue to work with our law enforcement partners to investigate individuals who profit from preying on unsuspecting beneficiaries."
The Baileys caused more than$4 million in billing of power wheelchairs and back braces to be paid by taxpayers. During the time the Baileys worked at Jaspan and the other companies, they received more than $1.2 million in salary and sales commissions.
Sandra Bailey and Bryan Bailey each face up to 20 years in prison and a fine of up to $250,000. Calvin Bailey faces up to five years in prison, and a fine of up to $250,000. There is no parole in the federal system.
This case was investigated by the U.S. Department of Health and Human Services – Office of the Inspector General, the Federal Bureau of Investigation, the Tennessee Bureau of Investigation, and the Attorney General’s Office of Mississippi.
Assistant U.S. Attorneys Stuart Canale and Matt Wilson prosecuted this case on the government’s behalf.
Three Men Sentenced to A Total of 71 Months in Federal Prison for Possessing Credit Card Information “Skimmed” from Gas PumpsRead the Press Release
Memphis, TN – Three men have been sentenced for possession of 15 or more counterfeit or unauthorized access devices. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on February 15, 2017, an agent with the West Tennessee Judicial Violent Crime and Drug Task Force conducted a traffic stop on a white Toyota Sienna Van, occupied by Jorge Vazquez Cedeno, 49, Pedro Luis Cabale, 48, and Pedro Alexander Cabello Cabale, 32.
The defendants and their respective sentences:
Jorge Vazuez Cedeno, 49, Miami, Florida: 28 months
Pedro Luis Cabale, 48, Miami, Florida: 28 months
Pedro Alexander Dabello, 32, Miami, Florida: 15 monthsCadeno, the driver, consented to a search of the van by law enforcement. The three defendants were in possession of the following items: 59 assorted gift cards, and credit cards, 23 of which had been fraudently re-encoded with card numbers and names embedded on the magnetic strip; five ribbon cables commonly used to illegally obtain credit card information from gas pumps; several keys which appeared to function as master keys to gas pumps; $10,460 in cash; and 2 laptop computers, one of which contained 4,781 victim credit card numbers, which were associated with 268 different banking and financial institutions. Because of these compromised credit card numbers, Capital One, Chase, Citibank and Wells Fargo sustained a total loss of $95,256.42.
The United States Secret Service, Collierville Police Department, and the West Tennessee Judicial Violent Crime and Drug Task Force investigated this case.
Assistant U.S. Attorney Dean DeCandia prosecuted this case on the government’s behalf.