Western District of Tennessee

Memphis, TN – Larry Egan Boatwright, 57, of Germantown, TN was sentenced to 188 months in prison for illegally distributing narcotics, announced United States Attorney Edward L. Stanton III.

“Mr. Boatwright abused his position of trust as a licensed pharmacist by illegally providing massive amounts of prescription drugs that were distributed throughout our community,” said U.S. Attorney Stanton. “This successful prosecution and the court’s sentence today should serve as a clear reminder that such conduct will be aggressively prosecuted, and that no one is above the law.”

According to the superseding indictment in the case, Boatwright was a licensed pharmacist working at the Boatwright Drug Company in Millington, Tennessee, and Super Drugs in Savannah, Tennessee at the time the charged crimes were committed. The indictment charged Boatwright with engaging “in a scheme to dispense controlled substances out of these locations to persons without valid prescriptions, including Schedule II and IV substances.” Counts 1, 4 and 7, respectively, charged Boatwright with distributing hydrocodone, a Schedule III controlled substance, oxycodone, a Schedule II controlled substance, and alprazolam, a Schedule IV controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). Each of the three counts charged that Boatwright made the unlawful distributions while “acting outside the scope of professional practice.” Under the federal Controlled Substances Act, controlled substances are drugs that have an accepted medical use and may not be dispensed without a valid prescription from a medical professional. The law identifies controlled substances as drugs that have a potential for abuse which may lead to psychological or physical dependence. In particular, the Controlled Substances Act recognizes that Schedule II controlled substances have “a high potential for abuse.” The Schedule II and III controlled substances charged in this case, hydrocodone and oxycodone, are prescription pain relievers.

At the conclusion of Boatwright’s three-day trial, a federal jury returned a guilty verdict as to all three counts on October 3, 2012. U.S. District Judge Robert H. Cleland sentenced Boatwright to 60 months imprisonment for Count one; 188 months imprisonment for Count four; and 36 months imprisonment for Count seven; all to be served concurrently. There is no parole in the federal system.

In addition to the prison sentence, Boatwright was also fined $5,000 and ordered to serve a total of three years of supervised release.

As a result of his conviction on the three counts, Boatwright is also required to forfeit his interests in property obtained from the proceeds of his crime. This includes more than $33,000 in cash and bank funds, real estate located at 2132 Woodside Drive, Germantown, Tennessee, and a pair of automobiles.
“Americans rely on medical professionals, including pharmacists, to use their training to help patients and to ‘do no harm.’ This individual violated the law and betrayed his responsibilities to his profession, the DEA, and most importantly to the public he pledged to serve,” said DEA Memphis Resident Agent-in-Charge Brian Chambers. “The moment he decided to illegally distribute drugs, he became nothing more than a drug trafficker. DEA is committed to stopping unscrupulous medical professionals like him from harming patients.”

The case was investigated by Sergeant Dennis Brunson of the Millington Police Department, Drug Enforcement Administration (DEA) Task Force Officer George Stauffer of DEA’s Memphis Task Force, and DEA Diversion Investigators Justin Wood, Heather Wehrle and Rhonda Phillips. The case was prosecuted by Assistant United States Attorneys Joe Murphy and Leetra Harris of the United States Attorney’s Office in Memphis.

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Memphis, TN – Melvin Victor Robinson, 32, a former Memphis Police Officer, was sentenced today to 84 months in federal prison following his guilty plea to civil rights violations and attempting to possess 10 kilograms of cocaine with the intent to distribute, announced U.S. Attorney Edward L. Stanton III.

“This sentence should serve as an unequivocal warning that law enforcement officers who disgrace their badge and violate the public’s trust will ultimately be caught and prosecuted to the fullest extent of the law,” said U.S. Attorney Stanton. “We will continue to hold accountable anyone who engages in such conduct – including those who take an oath to protect and serve.”

In July, Robinson pleaded guilty to one count of attempting to possess a controlled substance with intent to distribute, in violation of Title 21, U.S.C. Section 846; one count of deprivation of rights under color of law, in violation of Title 18, U.S.C. Section 242; and conspiracy against rights, in violation of Title 18, U.S.C. Section 242.

On January 26, 2012, an informant contacted Robinson and contracted the sale and purchase of 10 kilograms of cocaine. According to facts stated in court, Robinson met the informant while he was on duty and in his police car. The informant told Robinson that the cocaine was stored inside a trailer located at a trucking lot in south Memphis. The informant then provided Robinson with the key and location of the trailer. Approximately ten minutes later, Special Agents and Task Force Officers of the FBI saw Robinson get out of his police car and enter the trailer. Robinson later exited the trailer and placed a black duffel bag containing what he believed to be cocaine inside his police car.

Robinson also pleaded guilty to stealing money from Jwan Boddie. On November 14, 2011, Boddie was detained by Robinson during an arrest while Robinson was working as a MPD officer. According to facts stated in court, Robinson and his partner responded to a narcotics call at the Colonial Inn, where they found Boddie in his hotel room. During that search Robinson admitted to stealing $700 and later sharing the money with his partner.

Robinson also pleaded guilty to striking Jeremy Pettis during an arrest in April 2011. According to facts stated in court, Robinson detained and punched Pettis in the face while he was sitting in his vehicle.

“The criminal behavior of a police officer harms the integrity of all of law enforcement,” said Aaron T. Ford, Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation. “The hard work by the FBI and our law enforcement partners to investigate and prosecute this case stands as a reminder that the majority of law enforcement officers serve and protect their communities honorably.”

“This is proof that the judicial system works,” said Memphis Police Department Director Toney Armstrong. “Regardless of what position you hold you will be held accountable for your actions if you choose to break the law.”

This crime was investigated by the Tarnished Badge Task Force, which is comprised of investigators from the Federal Bureau of Investigation, Memphis Police Department, and Shelby County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Brian K. Coleman on behalf of the government.

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Memphis, TN – Demetrious Fields, 42, of Memphis, TN was sentenced today by U.S. District Judge Samuel H. Mays, Jr. to 444 months in prison for his role in the Craig Petties Drug Trafficking Organization (DTO), announced U.S. Attorney Edward L. Stanton III and Resident Agent-in-Charge of the Drug Enforcement Administration’s Memphis office Brian Chambers.

On October19, 2011, Fields pleaded guilty to one count of RICO conspiracy; one count of conspiracy to possess with intent to distribute more than five kilograms of cocaine, and one count of conspiracy to commit money laundering.

As outlined in the indictment, Fields was a member of a criminal racketeering enterprise, the Petties DTO, whose members conspired with cocaine traffickers in Mexico, Texas, Mississippi, North Carolina, Georgia, Tennessee, and elsewhere. As part of the conspiracy, cocaine was prepared, packaged and/or stored, prior to distribution to buyers in “stash houses.” The defendant and the co-conspirators used these “stash houses” to avoid detection by law enforcement authorities. It was further part of the conspiracy that the defendants and their co-conspirators sorted, counted, packaged, and stored large amounts of cash derived from the sale of controlled substances in various co-conspirators’ premises in the Western District of Tennessee. The co-conspirators delivered large amounts of currency derived from the sale of cocaine from the Western District of Tennessee and elsewhere to Texas and Mexico. In order to facilitate continued drug trafficking and in order to prevent others from cooperating with law enforcement authorities, it was further part of the conspiracy that the defendant and the co-conspirators did kill other people. Over thirty people have been charged and convicted as part of this investigation.

In addition to the prison sentence, Mays also ordered Fields to serve five years of supervised release and ordered him to pay $33,000 in restitution. There is no parole in the federal prison system.

The case was investigated by the Drug Enforcement Administration, the United States Marshals Service, the Memphis Police Department, the Shelby County Sheriff’s Department and the Olive Branch Police Department. The case is being prosecuted by Assistant United States Attorney David Pritchard on behalf of the government.

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Jackson, TN – Stephen E. Scott, 42, of Big Sandy, TN, was convicted this week of one count of being a felon in possession of a firearm, announced U.S. Attorney Edward L. Stanton III.

Evidence presented at trial revealed that on April 15, 2010, deputies with the Benton County Sheriff's Department responded to a shots-fired complaint. Officers encountered Scott, who admitted to target shooting a shotgun with a juvenile female, and showed deputies where they had been practicing.

Deputies discovered that Scott had been convicted of five prior felonies, including two convictions for burglary, felony theft, and a felony drug manufacturing conviction, and was prohibited from possessing a firearm. Law enforcement obtained a search warrant and served it the following day. The firearm used the previous day was found at the residence, and Scott was taken into custody.

Following the jury’s conviction Scott now faces up to 10 years imprisonment, a $250,000 fine, and supervised release to follow any term of imprisonment. There is no parole in the federal system. Sentencing is scheduled for May 2, 2013 at 9:30 a.m. before District Judge J. Daniel Breen.

The case was investigated by the Bureau of Alcohol, Tobacco and Firearms, the Tennessee Wildlife Resources Agency, and the Benton County Sheriff’s Department. The case is being prosecuted by Special Assistant United States Attorney Beth Hall and Assistant United States Attorney Matt Wilson on behalf of the government.

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Jackson, TN – Mario Seymour, 29, of Brownsville, TN, was sentenced yesterday to 151 months in prison for his role in a conspiracy to distribute crack cocaine, cocaine and marijuana, announced U.S. Attorney Edward L. Stanton III.

In an October 11, 2012, appearance before U.S. District Judge J. Daniel Breen, Seymour pleaded guilty to one count of conspiracy to possess and distribute more than 280 grams of cocaine base (crack cocaine), five kilograms of cocaine, and marijuana.

In 2011, agents with the Drug Enforcement Administration, Tennessee Bureau of Investigation, and Bolivar Police Department became aware of a drug trafficking organization based out of Brownsville, Tennessee. As stated in court, the investigation revealed that Seymour was a prominent member of the trafficking organization and was engaged in actively distributing and directing others to distribute crack cocaine, cocaine and marijuana. Investigators were able to intercept shipments of crack cocaine and cocaine with the assistance of the Tennessee Highway Patrol.

On January 25, 2012, during the execution of an arrest and search warrant after a criminal complaint was filed, Seymour was found in possession of a handgun, as well as approximately $103,000 in United States currency, believed to be drug related. The currency was administratively forfeited to the investigating agencies to further future narcotics investigations.

In addition to the 151 month prison term, Breen also sentenced Seymour to five years of supervised release. There is no parole in the federal system.

The case was investigated by the Drug Enforcement Administration, the Tennessee Bureau of Investigation, the Tennessee Highway Patrol and the Bolivar Police Department. The case was prosecuted by Assistant United States Attorney Matt Wilson on behalf of the government.

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Janurary 18, 2013

Memphis, TN – Keith Keglar, 36, of Memphis, TN was sentenced today to 235 months in prison by U.S. District Judge Samuel H. Mays for being a felon in possession of a firearm, announced U.S. Attorney Edward L. Stanton III.

Keglar was convicted by a jury on July 11, 2012 of one count of possession of a firearm by a convicted felon. On April 1, 2011, officers with the Memphis Police Department’s Organized Crime Unit observed Kegler riding a red bicycle in the middle of Breedlove Street. A motorist following Kegler sounded their horn as a warning, and he responded by raising his shirt and displaying a .38 caliber RG Industries revolver. Kegler was apprehended by officers behind a nearby vacant home at 1026 Lewis Street. Officers recovered the firearm on the ground in the backyard.

This investigation was conducted by the Memphis Police Department and by the Project Safe Neighborhoods initiative, which is made up of officers from the Memphis Police Department (MPD), the Shelby County Sheriff’s Department (SCSD), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant U.S. Attorney Jennifer Lawrence Webber and Special Assistant U.S. Attorney Dean DeCandia represented the government.
 

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Memphis, TN – Rickey Groves, a/k/a Rickey Hughes, 29, of Memphis, Tennessee, was sentenced today to 1424 months in federal prison by U.S. District Judge John T. Fowlkes, Jr., announced U.S. Attorney Edward L. Stanton III.

In April and May of 2008, Groves carjacked at least two individuals and robbed at least four restaurants at gunpoint near Southeast Memphis. The robbery spree included the McDonalds located at 3377 Winchester Road; the McDonalds located at 1755 Getwell Road; the Popeye’s located at 4720 Showcase Boulevard; and The Kettle located at 4139 Winchester Road.

On August 15, 2011, Groves was convicted by a jury of carjacking and possession of a firearm during and in relation to a crime of violence. He was also convicted by a jury on October 30, 2012 of four counts of robbery of a business engaged in interstate commerce and four counts of using a firearm during each robbery. There is no parole in the federal system.

“This sentence is the product of a true collaborative effort between federal and local law enforcement,” said U.S. Attorney Stanton. “Rickey Groves had a criminal history marked by violent acts perpetrated against innocent citizens across Memphis. His conviction under federal statutes which promise no opportunity for parole, coupled with today’s stiff sentence, sends a message to anyone who chooses to use a firearm to commit unlawful acts that you will be brought to justice and be held accountable to the fullest extent of the law.”

The investigation was conducted by the Safe Streets Task Force, specifically by the Memphis Police Department and the FBI. This case was prosecuted by First Assistant U.S. Attorney Michelle Kimbril-Parks.

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Memphis, TN – Stephen Henry, 46, of Memphis, Tennessee, pleaded guilty to one count of Misapplication of Bank Funds in violation of 18 U.S.C. § 656, announced U.S. Attorney Edward L. Stanton III.

Henry was serving as president and CEO of Oakland Deposit Bank, which was owned by his family. According to information revealed during his plea hearing, Oakland Bank had made numerous loans to Stephen Sims, a local real estate investor. In late 2007, many of these loans were delinquent. In an effort to keep the loans from going into default, Stephen Henry assisted Stephen Sims in using monies from construction loans to pay on unrelated unsecured loans which had become delinquent. In addition, Stephen Henry manipulated the bank’s books and records to allow bank monies to be used to pay on delinquent loans without being credited to a customer’s account.

The scheme eventually led to Sims defaulting on more than $2.4 million dollars in loans from the bank. As a result, Oakland Deposit Bank was forced to go into receivership and was taken over by officials with the Federal Deposit Insurance Corporation (FDIC). The bank was later sold.

For his role in the scheme, Sims pleaded guilty to three counts of bank fraud and was sentenced to 87 months in federal prison in July 2012. He was also ordered to pay more than $2.4 million in restitution.

Henry will appear before U.S. District Judge Samuel Mays on April 26, 2013 for sentencing. He could receive up to 30 years in prison and up to a one million dollar fine.

This case was investigated by the Federal Bureau of Investigation and the FDIC. Executive Assistant U.S. Attorney Larry Laurenzi represented the government.

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Memphis, TN – Dante Dowers, 40, of Belle Glade, FL, pled guilty today to aiding and abetting identification fraud in connection with the teacher certification cheating scam directed by ringleader Clarence Mumford, Sr., 59, of Memphis, announced United States Attorney for the Western District of Tennessee, Edward L. Stanton III. This plea, along with previous guilty pleas by John Bowen, 63; Felippia Kellogg, 42; Jeryl Shaw, 40; Shantell Shaw, 40; and Carlos Shaw, 37; all of Memphis, brings to six the total number of guilty pleas thus far in Mumford Sr.’s teacher certification cheating scam.

The original indictment in the case, filed in July 2012, charged Mumford Sr. with orchestrating a scheme that began as early as 1995 to pay test-takers to take teacher certification examinations on behalf of teachers and hopeful teachers. In August, a superceding indictment charged Dante Dowers, 40, of Belle Glade, Florida and Mumford Sr.’s son, Clarence Mumford Jr., 28, of Memphis. And in September, a second superceding indictment charged ten more individuals, including Samuel Campbell, 39, of Jackson, Mississippi; Darcel Gardner, 35, of Columbus, Mississippi; Steve Holmes, 53, of Memphis, Tennessee; Valerie Humphrey, 47, of Oakland, Tennessee; Carlo McClelland, 35, of Meridian, Mississippi; Jacklyn McKinnie, 44, of Memphis, Tennessee; Jadice Moore, 30, of Port Gibson, Mississippi; Sarah Richard, 54, of Richland, Mississippi; Jeryl Shaw, 40, of Memphis, Tennessee; and Kimberly Taylor, 36, of Charleston, Mississippi. Cedrick Wilson, 34, of Memphis, Tennessee, was charged in a separate indictment related to the scam in October 2012.

During the guilty plea hearing, Dowers admitted to meeting with an aspiring teacher in late 2009 and receiving the aspiring teacher’s driver’s license and $3,580 payment, all of which he forwarded to Mumford, Sr. Mumford, Sr. used the driver’s license to create a fake identification with a test-taker’s picture on the aspiring teacher’s driver’s license. In July 2010, John Bowen, a test-taker who previously pled guilty in this case, passed a PRAXIS examination on behalf of the aspiring teacher.

This investigation is being conducted by the Tennessee Bureau of Investigation and the United States Secret Service. Assistant U.S. Attorney John Fabian and Special Assistant U.S. Attorney Kirby May represent the government.

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Memphis, TN – Corey Lidell, a/k/a “Coop,” 32, of Cordova, TN, was sentenced to 264 months in prison for his role in a conspiracy to distribute more than seven kilograms of cocaine, announced U.S. Attorney Edward L. Stanton III.

Lidell was a street-level drug dealer involved with a major drug trafficking ring headed by Enricko Marshall and Christopher Boyland. Lidell was charged along with Marshall, Boyland and 11 others in an 11 count superseding indictment on June 5, 2012. Lidell pleaded guilty to one count of conspiracy to possess with the intent to distribute at least five kilograms of cocaine. Twelve of his thirteen co-conspirators are currently awaiting sentencing, and one is awaiting trial.

U.S. Chief District Judge Jon P. McCalla took into account Lidell’s lengthy criminal history in imposing sentence. He also ordered Lidell to serve five years of supervised release.

This case was investigated by Drug Enforcement Administration (DEA) Task Force Officer John Rada, the Shelby County Sheriff’s Office, and Rod Waller, Special Agent with the DEA. This case was prosecuted for the government by AUSA Jerry Kitchen.

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Memphis, TN – Sharon Anderson, 49, of Oakland, Tennessee, has been charged in a one-count indictment charging bank fraud, announced United States Attorney for the Western District of Tennessee, Edward L. Stanton III. Anderson, an attorney with offices in Cordova, was arrested this morning and is expected to be released this afternoon on bond after an appearance before U.S. Magistrate Judge Diane K. Vescovo.

According to the indictment, Anderson defrauded First Citizens Bank in connection with a mortgage loan for the purchase of property in Memphis by submitting a fraudulent settlement statement to the bank. At the closing of the sale, Anderson disbursed $65,000 to the seller of the property and $8,950.78 to the buyer of the property. She prepared a settlement statement that she provided to the seller that reflected these disbursements based on a sales price of $97,500, a First Citizens Bank loan of $78,000, and a $31,126.08 “seller second” mortgage from the seller to the buyer.

However, Anderson prepared a different settlement statement for First Citizens Bank. The settlement statement sent to First Citizens Bank fraudulently represented a $96,126.08 disbursement to the seller and represented that the buyer would pay $22,175.30 at the closing. The settlement statement submitted to First Citizens Bank fraudulently indicated that the buyer was investing money to purchase the property when, in fact, he obtained a portion of the loan proceeds as cash out of the closing. The “second seller” mortgage listed on the settlement statement provided to the seller was a fiction to divert funds from the seller to the buyer.

This investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney John Fabian represents the government.

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Jackson, TN – Kirby Ross, 20, of Jackson, TN, and Demario Harris, 29, of Jackson, TN, were each indicted by a federal grand jury for firearms related charges, announced U.S. Attorney Edward L. Stanton III.

Ross was indicted on December 17, 2012 for a violation of 18 U.S.C. § 922(j), possession of a stolen firearm. If convicted, he faces up to 10 years in prison and three years supervised release. Harris was indicted on December 17, 2012 for a violation of 18 U.S.C. § 922(k), possession of a firearm with an obliterated serial number. If convicted he faces up to five years in prison and three years supervised release.

On October 5, 2012, Ross and Harris were approached by investigators with the Tennessee Bureau of Investigation and the Jackson Police Department outside a residence in Jackson, Tennessee, on suspicion of drug charges. Ross was found to be in possession of a Glock, Model 22, .40 caliber semi-automatic pistol that had been reported as stolen. Harris was found to be in possession of a Ruger, Model Security Six .357 revolver with an obliterated serial number.

Ross is scheduled for an initial appearance before U.S. District Judge J. Daniel Breen at 2:00 p.m., Friday, January 11, 2013.

The case is being investigated by the Jackson Police Department, the Tennessee Bureau of Investigation, and the Multijurisdictional Violent Crime and Gang Task Force. Assistant U.S. Attorney Vic Ivy is prosecuting the case.

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Memphis, TN – Jeryl Shaw, 40, of Memphis, pled guilty to aiding and abetting the creation of a fraudulent identification document in connection with the teacher certification cheating scam directed by ringleader Clarence Mumford, Sr., 59, of Memphis, announced United States Attorney for the Western District of Tennessee, Edward L. Stanton III. This plea, along with previous guilty pleas by John Bowen, 63; Felippia Kellogg, 42; Shantell Shaw, 40; and Carlos Shaw, 87; of Memphis, brings to five the total number of guilty pleas thus far in Mumford Sr.’s teacher certification cheating scam. Jeryl Shaw is the husband of Shantell Shaw. Neither are related to Carlos Shaw.

The original indictment in the case, filed in July 2012, charged Mumford Sr. with orchestrating a scheme that began as early as 1995 to pay test-takers to take teacher certification examinations on behalf of teachers and hopeful teachers. In August, a superceding indictment charged Dante Dowers, 40, of Belle Glade, Florida and Mumford Sr.’s son, Clarence Mumford Jr., 28, of Memphis. And in September, a second superceding indictment charged ten more individuals, including Samuel Campbell, 39, of Jackson, Mississippi; Darcel Gardner, 35, of Columbus, Mississippi; Steve Holmes, 53, of Memphis, Tennessee; Valerie Humphrey, 47, of Oakland, Tennessee; Carlo McClelland, 35, of Meridian, Mississippi; Jacklyn McKinnie, 44, of Memphis, Tennessee; Jadice Moore, 30, of Port Gibson, Mississippi; Sarah Richard, 54, of Richland, Mississippi; Jeryl Shaw, 40, of Memphis, Tennessee; and Kimberly Taylor, 36, of Charleston, Mississippi. Cedrick Wilson, 34, of Memphis, Tennessee, was charged in a separate indictment related to the scam in October 2012.

In previous guilty plea hearings, Bowen and Kellogg admitted being paid by Mumford to take numerous tests. Bowen admitted that after he met Mumford Sr. during the 1994-1995 school year – when Bowen was a substitute teacher and Mumford Sr. was the assistant principal at Humes Junior High School – he took at least three to four tests per year from 2000 to 2010. Kellogg admitted that after she met Mumford in May 2009, she took a number of tests over a one and a half year period and received approximately $4,000 from Mumford. Carlos Shaw, who was formerly an assistant principal at the Memphis Academy of Science and Engineering and also taught at Carver High School and Booker T. Washington High School, was first approached by Mumford Sr. approximately ten years ago and admitted taking approximately 10 to 15 tests for payments ranging from $200 to $700. Shantell Shaw admitted that she met Mumford at Trezevant High School in 2008 when she was a new teacher and Mumford, Sr. was her mentor, and that she took approximately 12 to 15 tests for total payments of approximately $8,000.

During Bowen’s guilty plea hearing, it was revealed that investigators began to unravel the ring after Bowen was caught in June 2009 at Arkansas State University in Jonesboro taking an afternoon examination in one man’s name after having taking a morning examination in a woman’s name. Other test-takers paid by Mumford Sr. were at the same test location on the same date doing the same thing. ETS investigated and later referred the case to the Tennessee Department of Education, which referred the case to the Tennessee Bureau of Investigation. After the investigation was brought to the United States Attorney's Office in the summer of 2011, the United States Secret Service also joined the investigation. Investigators interviewed dozens of individuals, and obtained bank, phone and testing records to identify participants in the scheme.

During Jeryl Shaw’s guilty plea hearing, Shaw admitted taking approximately three tests in the 2008-2009 time frame and admitted providing his driver’s license to Mumford via his wife, Shantell Shaw. Mumford used Jeryl Shaw’s driver’s license to create fake identification documents that enabled Jeryl Shaw to take tests on behalf of others. Jeryl Shaw has never been a teacher. He has a degree in polymer chemistry.

This investigation is being conducted by the Tennessee Bureau of Investigation and the United States Secret Service. Assistant U.S. Attorney John Fabian and Special Assistant U.S. Attorney Kirby May represent the government.

Memphis, TN – Today, the Justice Department announced that it filed in federal court yesterday afternoon a comprehensive agreement that will resolve long running litigation with the state of Tennessee originally concerning conditions of care at the former Arlington Developmental Center (ADC). On Jan. 15, 2013, the U.S. District Court in Memphis, Tenn., will conduct a hearing to determine whether to approve the agreement. Individuals affected by the agreement are invited to attend the hearing and provide comment to the Court.

Over the 20-year course of the litigation, the state has made significant changes in the delivery of services for a class comprised of former ADC residents and many other individuals who were deemed at risk of placement at ADC. Tennessee closed ADC in October 2010. The new agreement reaches many of those in the group deemed at risk of placement in ADC prior to its closure.

The agreement resolves remaining issues in the litigation by expanding community-based services so that the state can serve people with developmental disabilities, including intellectual disabilities, in their own homes, their families’ homes or other integrated community settings. The agreement also will provide class members in nursing homes the choice to receive services in integrated, community-based settings. Over the next year, Tennessee will expand community services by providing home and community-based Medicaid waivers to Medicaid-eligible individuals; seeking new and cost-efficient models of care for class members with behavioral needs; and providing supported employment for class members seeking work. This expansion will provide people the opportunity to transition successfully from nursing and other facilities to community settings that can meet their needs and prevent new people from being unnecessarily institutionalized.

“This agreement will provide remaining class members with developmental disabilities in western Tennessee the opportunity to live successfully in their homes and communities and bring this long-standing litigation to an appropriate end,” said Assistant Attorney General Thomas E. Perez. “I commend Governor Haslam for his leadership on this issue, and we will continue to work with states around the country, as we have with Virginia, Georgia, Delaware, North Carolina, and – today – Tennessee, to ensure that people with disabilities are given the choice to live in community-based settings.”

“This is an example of the state of Tennessee making the choice to do what is not only legally right, but right in the grander sense,” said U.S. Attorney Edward L. Stanton III. “Protecting the civil rights of every citizen is a fundamental duty of our office and this agreement does so while preserving the dignity and improving the quality of life for some of our most vulnerable citizens.”

Upon the state’s successful completion of the agreement, the litigation is expected to come to an end. In 1991, the department released a findings letter pursuant to the Civil Rights for Institutionalized Persons Act (CRIPA) detailing conditions at ADC that violated residents’ constitutional rights. The following year the department brought suit to remedy those conditions. The court joined that suit with a separate suit brought by People First of Tennessee concerning ADC and the rights of people at risk of institutionalization at ADC. People First remains active in the case and also is a party to the agreement.

Civil Rights Division staff Jonathan Smith, chief; Shelley Jackson, deputy chief; and senior trial attorneys Jonas Geissler and Michelle Jones, worked on the case and the agreement.

For more information on the Justice Department’s Civil Rights Division, please visit www.justice.gov/crt. If you have any comments or concerns specific to this matter, please feel free to contact the division at1-877-218-5228.
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Memphis, TN – Edward L. Stanton III, United States Attorney for the Western District of Tennessee, has named veteran federal prosecutor and former acting United States Attorney Laurence J. Laurenzi as Civil Rights Unit Chief.

U.S. Attorney Stanton created the dedicated Civil Rights Unit in February 2011, in order to enhance the ability of the U.S. Attorney’s Office to enforce federal civil rights laws in the Western District of Tennessee. The Civil Rights Unit prosecutes the full spectrum of federal civil rights crimes, including official misconduct, law enforcement corruption, human trafficking, and hate crimes. In addition, fair housing, fair lending, Americans with Disability Act, and Uniform Services Employment and Re-employment Rights Act cases continue to remain a priority of the district. The Civil Rights Unit has received national acclaim for its dedicated efforts, including prominent recognition from U.S. Attorney General Eric Holder and the Department of Justice for its distinguished work in combatting human and sex trafficking.

Mr. Laurenzi is a career federal prosecutor and has handled a wide range of civil rights cases. He will serve as Unit Chief in addition to continuing his present duties as Executive Assistant United States Attorney. As Unit Chief, Mr. Laurenzi will lead the implementation of the Unit’s strategic priorities and manage relationships with key federal, state, and local law enforcement partners and community stakeholders.
“Larry Laurenzi has an esteemed track record of service to the Department of Justice and the Western District of Tennessee,” said United States Attorney Edward L. Stanton III. “I am confident that under his capable leadership, this District’s Civil Rights Unit will continue to work diligently to ensure that all Americans enjoy the rights and freedoms the Constitution guarantees them.”

Assistant United States Attorneys Brian Coleman and Jonathan Skrmetti, who have served in the Unit since its creation, will continue to complement the team.

Former Unit Chief Steve Parker has been assigned to a U.S. Department of Justice detail in New Orleans, Louisiana.

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Memphis, TN – Antonio Clifton, 38, of Memphis, TN, was sentenced yesterday to 292 months in federal prison for firearms possession, possession of cocaine, and possession of crack cocaine, announced U.S. Attorney Edward L. Stanton III.

Chief U.S. District Judge Jon P. McCalla ordered Clifton to serve 120 months for violating 18 U.S.C. § 922(g), being a felon in possession of firearms; 120 months for violating 21 U.S.C. 841(a)(1), possession of cocaine with intent to distribute; and 292 months for violating 21 U.S.C. 841(a)(1), possession of crack cocaine with intent to distribute. The sentences will be served concurrently.

According to information presented in court and cited by the judge, on March 3, 2008, members of the Memphis Police Department’s Organized Crime Unit executed a search warrant at 2307 Hubbard in Memphis. When officers knocked and announced their presence, Antonio Clifton ran out of the rear of the residence with a sack of money, jumped over a fence and attempted to escape through a residential neighborhood. Clifton was ultimately apprehended and brought back to the residence, where officers located boxes of plastic baggies, a vacuum sealer, breathing masks with cocaine residue, and digital scales with cocaine residue. The officers also found over 180 grams of powder cocaine and 390 grams of crack cocaine, the majority of which was buried in the back yard, more than $18,400 in cash, and three loaded semi-automatic handguns.

At the time of these events, Clifton was on federal supervised release from a prior federal gun charge. Clifton previously entered a plea of guilty to his supervised release violation petition and received a twenty-four month sentence. The twenty-four year and four months sentence he received yesterday will be served consecutive to the sentence for the supervised release violation, for a total period of incarceration of twenty-six years and four months.

In addition to the prison sentence, the court also ordered Clifton to serve five years of supervised release and to pay a $300.00 special assessment.

This investigation was conducted by the Drug Enforcement Administration Task Force and by the Project Safe Neighborhoods initiative, which is made up of officers from the Memphis Police Department (MPD), the Shelby County Sheriff’s Department (SCSD) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant U.S. Attorney Jennifer Lawrence Webber represented the government.

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Memphis, TN – Clarence Broady, a.k.a. “Killer,” 39, of Memphis, TN was sentenced today by U.S. District Judge Samuel H. Mays, Jr. to 372 months in prison for his role in the Craig Petties Drug Trafficking Organization (DTO), announced U.S. Attorney Edward L. Stanton III and Resident Agent-in-Charge of the Drug Enforcement Administration’s Memphis office Brian Chambers.

On November 22, 2011, Broady pleaded guilty to one count of RICO conspiracy; four counts of violent crime in aid of racketeering activity for his role in the kidnapping of Marcus Turner and the murders of Mario Stewart, Latrell Small and Kalonji Griffen; two counts of conspiracy to commit murder for hire for his role in the murders of Mario Stewart and Latrell Small; and conspiracy to possess with intent to distribute more than five kilograms of cocaine.

As outlined in the indictment, Broady was a member of a criminal racketeering enterprise, the Petties DTO, whose members conspired with cocaine traffickers in Mexico, Texas, Mississippi, North Carolina, Georgia, Tennessee, and elsewhere. As part of the conspiracy, cocaine was prepared, packaged and/or stored, prior to distribution to buyers in “stash houses.” The defendant and the co-conspirators used these “stash houses” to avoid detection by law enforcement authorities. It was further part of the conspiracy that the defendants and their co-conspirators sorted, counted, packaged, and stored large amounts of cash derived from the sale of controlled substances in various co-conspirators’ premises in the Western District of Tennessee. The co-conspirators delivered large amounts of currency derived from the sale of cocaine from the Western District of Tennessee and elsewhere to Texas and Mexico. In order to facilitate continued drug trafficking and in order to prevent others from cooperating with law enforcement authorities, it was further part of the conspiracy that the defendant and the co-conspirators did kill other people. Over thirty people have been charged and convicted as part of this investigation.

In addition to the prison sentence, Mays also ordered Broady to serve five years of supervised release and ordered him to pay $33,000 in restitution. There is no parole in the federal prison system.

The case was investigated by the Drug Enforcement Administration, the United States Marshals Service, the Memphis Police Department, the Shelby County Sheriff’s Department and the Olive Branch Police Department. The case is being prosecuted by Assistant United States Attorney David Pritchard on behalf of the government.

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