Eastern District of Texas

PLANO, Texas – Two Plano residents have been arrested for federal violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown and Homeland Security Investigation Special Agent in Charge Ryan Spradlin today.             

Quan Tu, 48, a Vietnamese national, and Li Xin, 44, a Chinese national, were arrested on Aug. 15, 2019, in Houston on Dallas County charges stemming from an ongoing sex trafficking investigation in Collin and Dallas counties.  On Sep. 11, 2019, a federal grand jury in the Eastern District of Texas returned a three-count indictment charging Tu and Xin with conspiracy to commit sex trafficking by force, fraud, or coercion; conspiracy to use interstate facilities to manage and facilitate an unlawful prostitution enterprise; and money laundering.  

Beginning in December 2018, residents in Richardson, Texas began complaining to the Richardson Police Department that men were traveling to a condominium at all hours of the day and night, some of whom were knocking on neighbors’ doors, seeking sexual services.  Upon further investigation by a task force of state and federal law enforcement agencies, officers determined that Tu and Xin were allegedly operating a prostitution enterprise from that location.  During the investigation, it was revealed that similar operations were being conducted by the same actors in a single-family residence in Plano and a commercial foot spa in Garland.

The investigation further revealed that advertisements for commercial sex were placed on various websites, listing phone numbers that connected back to Tu and Xin.  In the meantime, Asian women traveled to the north Texas area from other states, cities, and countries, often with the promise of legitimate masseuse jobs.  Once in Tu and Xin’s employ, the women were taken to one of the three locations (Richardson, Plano, or Garland) where they lived and serviced customers.  Tu and Xin collected fees from the women, maintained financial control over them, and intimidated them, thereby compelling them into prostitution.   The scheme resulted in the proceeds which allowed Tu and Xin to maintain their lifestyle and to purchase vehicles, including a 2017 Toyota Tundra. 

“These defendants took advantage of women who were vulnerable,” said United States Attorney Joseph D. Brown.  “The women relied on the defendants for what they needed to live in the United States and it was clear that the defendants were coercive in keeping these women in their employment.  Human trafficking degrades its victims and keeps them trapped in unhealthy situations, and we are committed to doing everything we can to stop it.”

“In many cases, victims of human trafficking are immigrants who have been duped into deplorable circumstances by false promises of a better life. Regardless of the scenario, HSI takes a victim-centered approach in these investigations, and we have the unique ability to provide assistance/benefits to victims no matter their citizenship,” said Ryan L. Spradlin, special agent in charge of HSI Dallas.  “As public awareness increases, our HSI special agents along with our tremendous partners are identifying, investigating and pursuing prosecution against more and more sex traffickers who criminally and without mercy exploit women against their will to generate profits.”

 

If convicted, Tu and Xin each face up to life in federal prison.  Anyone with information regarding this case or any similar activities, can contact the U.S. Attorney’s Office at 1-800-804-3547.  This is a confidential line.  This case is being investigated by Homeland Security Investigations, Texas Department of Public Safety, and the Richardson Police Department, with assistance of the Plano Police Department, Garland Police Department, and Dallas County Sheriff’s Office.  This case is being prosecuted by Assistant U.S. Attorney Marisa Miller.  It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

 

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The Justice Department announced today a coordinated health care fraud enforcement operation across the state of Texas, involving charges against a total of 58 individuals across all four federal districts in Texas for their alleged involvement in Medicare fraud schemes and networks of “pill mill” clinics resulting in $66 million in loss and 6.2 million pills.  Of those charged, 16 were doctors or medical professionals, and 20 were charged for their role in diverting opioids.   

Today’s enforcement actions were led and coordinated by the Health Care Fraud Unit of the Criminal Division’s Fraud Section in conjunction with its Medicare Fraud Strike Force (MFSF) partners.  The MFSF is a partnership among the Criminal Division, U.S. Attorney’s Offices, the FBI, Health and Human Services-Office of Inspector General (HHS-OIG) and the Drug Enforcement Administration (DEA).  In addition, the operation includes the participation of the Veterans Affairs-OIG and the Department of Labor, various other federal law enforcement agencies and Texas State Medicaid Fraud Control Units.  

The charges announced today aggressively target schemes billing Medicare, Medicaid, TRICARE (a health insurance program for members and veterans of the armed forces and their families), Department of Labor-Office of Worker’s Compensation Programs, and private insurance companies for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries.  The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals allegedly involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. 

Today’s arrests come three weeks after the Department announced that the Health Care Fraud Unit’s Houston Strike Force coordinated the filing of charges against dozens in a trafficking network responsible for diverting over 23 million oxycodone, hydrocodone and carisoprodol pills. 

“Today’s charges highlight the amazing work being done by the Department’s Medicare Fraud Strike Force and our partners in Texas,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.  “As we continue to dedicate resources to battle healthcare and opioid fraud schemes in Texas and elsewhere, we are shining an inescapable light on dirty doctors, clinic owners, pharmacists, and others who may have long believed they could perpetrate their frauds behind closed doors.” 

“Healthcare should revolve around patients’ well-being – not providers’ personal interests,” said U.S. Attorney Erin Nealy Cox of the Northern District of Texas.  “When medical professionals line their own pockets by submitting false insurance claims or prescribing unnecessary medications, equipment, or treatments, it not only drains taxpayer coffers – but it makes healthcare more expensive for everyone else.  We cannot allow the healthcare industry to become bloated by fraud.”

“Sadly, opioid proliferation is nothing new to Americans,” said U.S. Attorney Ryan K. Patrick of the Southern District of Texas. “What is new, is the reinforced fight being taken to dirty doctors and shady pharmacists. Texas may have four U.S. Attorneys, but we are focused on one health care mission: shutting down pills mills and rooting out corruption in health care. From Lufkin to Laredo and Dallas to Del Rio, one of us will shut these operations down.”

“Every dollar stolen from Medicare through fraud comes out of the pocket of taxpayers,” said U.S. Attorney Joseph D. Brown of the Eastern District of Texas.   “These are real costs that help drive up the cost of medical services for everyone. It is important that there be real consequences for those who cheat the system.”

“I am proud to fight healthcare fraud in Texas alongside Ryan Patrick, Erin Nealy Cox, and Joe Brown,” said U.S. Attorney John Bash of the Western District of Texas.  “These crimes drive up the cost of health insurance, waste tax revenue and threaten the well-being of Texans.”

“These arrests across multiple investigations and jurisdictions is further proof that successful teamwork exemplifies Texas law enforcement,” said DEA Houston Special Agent in Charge Will R. Glaspy.  “Today’s operation affirms both our commitment to targeting those individuals who illegally divert opioids in our communities, and our collective will to bring those individuals to justice.”

“Health care fraud undermines our country by driving up medical costs, wasting taxpayer dollars, and often harming patients,” said HHS - OIG Special Agent in Charge C.J. Porter.  “Today’s takedown shows that we are fighting hard to protect Medicare and Medicaid and the patients served by those programs.  Working closely with our law enforcement partners, our agents are determined to ensure fraudsters pay for their crimes.”

“Today’s announcement demonstrates the close collaboration between the FBI and its law enforcement partners in North Texas,” said Special Agent in Charge Matthew J. DeSarno of the FBI’s Dallas Field Office.  “The enormous economic damage caused by those who defraud crucial public health programs, as well as the ever-increasing loss of life caused by illicit and illegitimate pill schemes cannot be overstated.  The public can rest assured the FBI will continue to make these investigations a top priority moving forward.”

Among those charged in the Northern District of Texas are the following:

• Michael Charles Braddick, Kyle Martin Hermesch, and Bioflex Medical were charged for their alleged participation in a scheme to defraud the Department of Labor- Office of Worker’s Compensation Programs.  Bioflex Medical is located in Dallas, Texas.  The case is being prosecuted by Special Assistant U.S. Attorney Jennifer Bray.
• Nehaj Rizvi was charged for his alleged participation in a scheme to defraud Medicare through Life Spring Housecall Physicians, Inc., a company located in Dallas, Texas.  The case is being prosecuted by Assistant U.S. Attorney Douglas Brasher.
• Dr. Brian Carpenter and Jerry Hawrylak were charged for their alleged participation in a scheme to defraud TRICARE through a compounding pharmacy located in Fort Worth, Texas.  The case is being prosecuted by Trial Attorney Brynn Schiess of the Fraud Section.
• Leah Hagen and Michael Hagen were charged for their alleged participation in conspiracies to pay and receive kickbacks and launder money through Metro DME Supply and Ortho Pain Solutions, both durable medical equipment companies in Arlington, Texas.  The case is being prosecuted by Trial Attorney Brynn Schiess.
• Nilesh Patel, Dr. Craig Henry, and Bruce Henry were charged for their alleged participation in a scheme to defraud TRICARE through marketing company RxConsultants and a compounding pharmacy located in Fort Worth, Texas.  The case is being prosecuted by Trial Attorney Carlos Lopez of the Fraud Section.
• Bruce Stroud and Bobbi Stroud were charged for their alleged participation in a scheme to defraud Medicare through New Horizons Durable Medical Equipment, Striffin Medical Supply, and 4B Ortho Supply, all durable medical equipment companies located in the Dallas/Fort Worth area of Texas. The case is being prosecuted by Trial Attorney Carlos Lopez.
• Jamshid Noryian, Dehshid Nourian, Christopher Rydberg, Leyla Nourian, Ashraf Mofid, Dr. Leslie Benson, Dr. Michael Taba, and Ali Khavarmanesh were charged for their alleged participation in a scheme to defraud the Department of Labor- Office of Worker’s Compensation and Blue Cross Blue Shield and conspiracies to launder money and evade the payment of taxes through Ability Pharmacy, Industrial & Family Pharmacy, and Park Row Pharmacy, all located in the Dallas/Fort Worth area of Texas.  The case is being prosecuted by Assistant Chief Adrienne Frazior of the Fraud Section.

The charges and allegations contained in the indictments are merely accusations.  The defendants are presumed innocent until and unless proven guilty.

The Fraud Section leads the MFSF, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  MFSF maintains 15 strike forces operating in 24 districts.  Since its inception in March 2007, MFSF has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The Justice Department announced today a coordinated health care fraud enforcement operation across the state of Texas, involving charges against a total of 58 individuals across all four federal districts in Texas for their alleged involvement in Medicare fraud schemes and networks of “pill mill” clinics resulting in $66 million in losses and 6.2 million pills.  Of those charged, 16 were doctors or medical professionals, and 20 were charged for their role in diverting opioids.    

Today’s enforcement actions were led and coordinated by the Health Care Fraud Unit of the Criminal Division’s Fraud Section in conjunction with its Medicare Fraud Strike Force (MFSF) partners.  The MFSF is a partnership among the Criminal Division, U.S. Attorney’s Offices, the FBI, Health and Human Services-Office of Inspector General (HHS-OIG) and the Drug Enforcement Administration (DEA).  In addition, the operation includes the participation of the Veterans Affairs-OIG, the Department of Labor and various other federal law enforcement agencies and Texas State Medicaid Fraud Control Units.  

The charges announced today aggressively target schemes billing Medicare, Medicaid, TRICARE (a health insurance program for members and veterans of the armed forces and their families), Department of Labor-Office of Worker’s Compensation Programs, and private insurance companies for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries.  The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals allegedly involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. 

According to the Centers for Disease Control, approximately 115 Americans die every day of an opioid-related overdose.

Today’s arrests come three weeks after the Department announced that the Health Care Fraud Unit’s Houston Strike Force coordinated the filing of charges against dozens in a trafficking network responsible for diverting over 23 million oxycodone, hydrocodone and carisoprodol pills. 

“Today’s charges highlight the amazing work being done by the Department’s Medicare Fraud Strike Force and our partners in Texas,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.  “As we continue to dedicate resources to battle healthcare and opioid fraud schemes in Texas and elsewhere, we are shining an inescapable light on dirty doctors, clinic owners, pharmacists, and others who may have long believed they could perpetrate their frauds behind closed doors.” 

“Healthcare should revolve around patients’ well-being – not providers’ personal interests,” said U.S. Attorney Erin Nealy Cox of the Northern District of Texas.  “When medical professionals line their own pockets by submitting false insurance claims or prescribing unnecessary medications, equipment, or treatments, it not only drains taxpayer coffers – but it makes healthcare more expensive for everyone else.  We cannot allow the healthcare industry to become bloated by fraud.”

“Sadly, opioid proliferation is nothing new to Americans,” said U.S. Attorney Ryan K. Patrick of the Southern District of Texas.  “What is new, is the reinforced fight being taken to dirty doctors and shady pharmacists.  Texas may have four U.S. Attorneys, but we are focused on one health care mission: shutting down pills mills and rooting out corruption in health care. From Lufkin to Laredo and Dallas to Del Rio, one of us will shut these operations down.”

“Every dollar stolen from Medicare through fraud comes out of the pocket of taxpayers,” said U.S. Attorney Joseph D. Brown of the Eastern District of Texas.  “These are real costs that help drive up the cost of medical services for everyone.  It is important that there be real consequences for those who cheat the system.”

“I am proud to fight healthcare fraud in Texas alongside Ryan Patrick, Erin Nealy Cox, and Joe Brown,” said U.S. Attorney John Bash of the Western District of Texas.  “These crimes drive up the cost of health insurance, waste tax revenue and threaten the well-being of Texans.”

“These arrests across multiple investigations and jurisdictions is further proof that successful teamwork exemplifies Texas law enforcement,” said DEA Houston Special Agent in Charge Will R. Glaspy.  “Today’s operation affirms both our commitment to targeting those individuals who illegally divert opioids in our communities, and our collective will to bring those individuals to justice.”

“Health care fraud undermines our country by driving up medical costs, wasting taxpayer dollars, and often harming patients,” said Special Agent in Charge C.J. Porter of HHS-OIG.  “Today’s takedown shows that we are fighting hard to protect Medicare and Medicaid and the patients served by those programs.  Working closely with our law enforcement partners, our agents are determined to ensure fraudsters pay for their crimes.”

“Today’s announcement demonstrates the close collaboration between the FBI and its law enforcement partners in North Texas,” said Special Agent in Charge Matthew J. DeSarno of the FBI’s Dallas Field Office.  “The enormous economic damage caused by those who defraud crucial public health programs, as well as the ever-increasing loss of life caused by illicit and illegitimate pill schemes cannot be overstated.  The public can rest assured the FBI will continue to make these investigations a top priority moving forward.”

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Among those charged in the Northern District of Texas are the following:

Dr. Brian Carpenter and Jerry Hawrylak were charged for their alleged participation in a scheme to defraud TRICARE through a compounding pharmacy located in Fort Worth, Texas.  The case is being prosecuted by Trial Attorney Brynn Schiess of the Fraud Section.

Leah Hagen and Michael Hagen were charged for their alleged participation in conspiracies to pay and receive kickbacks and launder money through Metro DME Supply and Ortho Pain Solutions, both durable medical equipment (DME) companies in Arlington, Texas.  The case is being prosecuted by Trial Attorney Brynn Schiess.

Nilesh Patel, Dr. Craig Henry and Bruce Henry were charged for their alleged participation in a scheme to defraud TRICARE through marketing company RxConsultants and a compounding pharmacy located in Fort Worth, Texas.  The case is being prosecuted by Trial Attorney Carlos Lopez of the Fraud Section.

Bruce Stroud and Bobbi Stroud were charged for their alleged participation in a scheme to defraud Medicare through New Horizons Durable Medical Equipment, Striffin Medical Supply and 4B Ortho Supply, all DME companies located in the Dallas/Fort Worth area of Texas.  The case is being prosecuted by Trial Attorney Carlos Lopez.

Jamshid Noryian, Dehshid Nourian, Christopher Rydberg, Leyla Nourian, Ashraf Mofid, Dr. Leslie Benson, Dr. Michael Taba and Ali Khavarmanesh were charged for their alleged participation in a scheme to defraud the Department of Labor-Office of Worker’s Compensation and Blue Cross Blue Shield and conspiracies to launder money and evade the payment of taxes through Ability Pharmacy, Industrial & Family Pharmacy and Park Row Pharmacy, all located in the Dallas/Fort Worth area of Texas.  The case is being prosecuted by Assistant Chief Adrienne Frazior of the Fraud Section.

Michael Charles Braddick, Kyle Martin Hermesch and Bioflex Medical were charged for their alleged participation in a scheme to defraud the Department of Labor-Office of Worker’s Compensation Programs.  Bioflex Medical is located in Dallas, Texas.  The case is being prosecuted by Special Assistant U.S. Attorney Jennifer Bray.

Nehaj Rizvi was charged for his alleged participation in a scheme to defraud Medicare through Life Spring Housecall Physicians Inc., a company located in Dallas, Texas.  The case is being prosecuted by Assistant U.S. Attorney Douglas Brasher.

Among those charged in the Southern District of Texas are the following:

Diana Hernandez, Kathy Hernandez, Hieu Troung, R.P.H., Clint Randall, Prince White, Charles Walton and Cedric Milbrurn were charged for their alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose through S&S Pharmacy of Houston, Texas.  The case is being prosecuted by Trial Attorney Devon Helfmeyer of the Fraud Section.

Franklin Nwabugwu, R.P.H. was charged for his alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose through Golden Pharmacy of Houston, Texas.  The case is being prosecuted by Trial Attorney Devon Helfmeyer.

Steven Inbody, M.D. and Hoai-Huong Truong were charged for their alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose.  The case is being prosecuted by Trial Attorney Catherine Wagner.

Ashley McCain, John Sims, Gregory Comer, Kesia Banks, Jacqueline Hill and Horace LeBlanc were charged for their alleged participation in a scheme to unlawfully distribute and dispense a controlled substance without a legitimate medical purpose through Continuous Medical Care and Rehabilitation.  The case is being prosecuted by Assistant Deputy Chief Aleza Remis of the Fraud Section and Trial Attorney Devon Helfmeyer.

Among those charged in the Eastern District of Texas are the following:

Demetrius Cervantes, 44, of McKinney, Texas, Amanda Lowry, 39, of Sherman, Texas, and Lydia Henslee, 27, of Denison, Texas, were indicted for conspiracy to obtain information from a protected computer and conspiracy to unlawfully possess and use a means of identification.  The case involves the breach of a health care provider’s electronic health record (EHR) system in order to steal protected health information and personally identifiable information belonging to patients of the provider.  The information that was stolen from the provider was “repackaged” in the form of false and fraudulent physician orders and sold to DME providers and contractors.  Within approximately eight months, the defendants obtained more the $1.4 million in proceeds from the sale of the stolen information.  The proceeds of the offenses were traced and the following forfeitable assets were identified: a 2019 Land Rover Range Rover SC; a 2019 Dodge Durango; a 2018 Polaris RZR XP4 1000 EPS; a 2019 Can-Am Outlander 450; a 2019 Sea-Doo RXT-X 300 W; a 2019 Sea-Doo RXT-X 300 W; and a 2019 Karavan Sea-Doo Move.  This case is being prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and L. Frank Coan.

Joseph Valdie Kimble, 62, of Longview, Texas, pleaded guilty to health care fraud.  Kimble operated Tiger EMS, a business providing non-emergency ambulance transport, mostly between skilled nursing centers and hospitals and dialysis centers.  Ambulance providers may bill for ambulance services only if there is a demonstrated medical need, which requires that (a) the beneficiary be bed-confined, and it is documented that other methods of transportation are contraindicated; or (b) the beneficiary's medical condition is such that transportation by ambulance is medically required.  Kimble disregarded medical necessity requirements and billed Medicare and Medicaid for ambulance services provided to patients for whom ambulance transport was not medically necessary.  The plea agreement provides for an agreed sentence of 30 months in prison and $751,986.80 in restitution.  This case is being prosecuted by Assistant U.S. Attorney Alan R. Jackson.

Among those charged in the Western District of Texas are the following:

Orlando Garcia-Moya, owner and president of Fleet Ambulance Co. in San Antonio (Fleet), and Melody Ann Villareal, emergency medical technician and Fleet supervisor, were charged for their roles in a scheme to defraud Medicaid by submitting over $2.5 million in fraudulent claims for non-emergency ambulance transportation that was never provided.  As a result of the scheme, Fleet received over $1 million in Medicaid funds.  The case is being prosecuted by Special Assistant U.S. Attorney Rex Beasley and Assistant U.S. Attorney John Kennedy.

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The charges and allegations contained in the indictments are merely accusations.  The defendants are presumed innocent until and unless proven guilty.

The Fraud Section leads the MFSF, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  MFSF maintains 15 strike forces operating in 24 districts.  Since its inception in March 2007, MFSF has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

TYLER, Texas – A 62-year-old Longview, Texas man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown.

Joseph Valdie Kimble pleaded guilty to health care fraud on Sep. 11, 2019, before U.S. Magistrate Judge John D. Love. 

Kimble’s plea was announced today during a press conference held in Dallas with Texas U.S. Attorneys and the Assistant Attorney General of the Justice Department’s Criminal Division.   A total of 58 individuals across all four federal districts in Texas were charged for their alleged involvement in Medicare fraud schemes and networks of “pill mill” clinics resulting in $66 million in loss and 6.2 million pills.  Of those charged, 16 were doctors or medical professionals, and 20 were charged for their role in diverting opioids.   

According to information presented in court, Kimble operated Tiger EMS, a business providing non-emergency ambulance transport, mostly between skilled nursing centers and hospitals and dialysis centers.  Ambulance providers may bill for ambulance services only if there is a demonstrated medical need, which requires that either a beneficiary be bed-confined and it is documented that other methods of transportation are contraindicated; or the beneficiary's medical condition is such that transportation by ambulance is medically required.  Kimble disregarded medical necessity requirements and billed Medicare and Medicaid for ambulance services provided to patients for whom ambulance transport was not medically necessary.  The plea agreement provides for an agreed sentence of 30 months in federal prison and $751,986.80 in restitution. 

“Every dollar stolen from Medicare through fraud comes out of the pocket of taxpayers,” said U.S. Attorney Joseph D. Brown of the Eastern District of Texas.   “These are real costs that help drive up the cost of medical services for everyone. It is important that there be real consequences for those who cheat the system.”

               A sentencing hearing will be scheduled at a later date.

This case was investigated by U.S. Health and Human Services – Office of Inspector General and the Texas Attorney General’s Medicaid Fraud Control Unit and is being prosecuted by Assistant U.S. Attorney Alan R. Jackson.

 

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TYLER, Texas –A 45-year-old Tyler, Texas man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Eleazar Juarez Juarez pleaded guilty to conspiracy to produce, transfer, and forge false identification documents today before U.S. Magistrate Judge K. Nicole Mitchell.

According to information presented in court, beginning in April 2009, Juarez Juarez was involved in a conspiracy to produce and sell fictitious U.S. identification documents to others.  The false documents included U.S. Social Security cards and Permanent Residence cards. Juarez Juarez admitted to being personally responsible for the transfer of at least 25 false identification documents as part of this conspiracy.  Juarez Juarez was indicted by a federal grand jury on April 23, 2019.

Under the federal statute, Juarez Juarez faces up to 5 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office

This case is being investigated by the Federal Bureau of Investigation, Smith County Sheriff’s Office, U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement, and Texas Department of Public Safety.  This case is being prosecuted by Assistant U.S. Attorney Alan R. Jackson.

 

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PLANO, Texas – The North Texas Crime Commission (NTCC) recognized an Eastern District of Texas federal prosecutor as the 2019 Prosecutor of the Year at their monthly membership meeting on Sep. 12, 2019 in Dallas.

Assistant United States Attorney Marisa Miller was honored as Prosecutor of the Year specifically for her outstanding achievements in the areas of combating child exploitation and human trafficking.  The award was presented by NTCC Chair David Dean and U.S. Attorney for the Eastern District of Texas, Joseph D. Brown.

AUSA Miller is the Project Safe Childhood Coordinator for the Eastern District of Texas, responsible for the coordination of all of the district’s prosecution of crimes against children and human trafficking.  Prior to joining the Eastern District of Texas in 2014, AUSA Miller spent six years as Project Safe Childhood Coordinator for the Western District of New York.  Throughout her tenure with the United States Attorney’s Offices in Texas and New York, AUSA Miller has prosecuted crimes against vulnerable persons, including the production of child pornography; the receipt, transportation, distribution and possession of child pornography; enticement of minors, transporting minors in interstate commerce for illegal sexual activity, travel in interstate and foreign commerce for illegal sexual activity, sex trafficking of children, and transportation of individuals in interstate commerce for commercial sex.  AUSA Miller received her BA from Bryn Mawr College and her juris doctorate from the University of Michigan Law School.

The North Texas Crime Commission (NTCC) recognized Eastern District of Texas federal prosecutor as the 2019 Prosecutor of the Year (Attorney in Charge of the Plano Office AUSA Jay Combs, AUSA Marisa Miller, First Assistant U.S. Attorney Heather Rattan)

Also honored were Department of Homeland Security, Homeland Security Investigations, Special Agent Jason Mitchell as 2019 Federal Agency Officer of the Year and Plano Police Detective Jeffrey Rich as 2019 State/Local Prosecutor of the Year.

“Marisa Miller works very hard to fight child abuse,” said U.S. Attorney Joe Brown.  “Whether it is rooting out child predators, bringing law enforcement agencies together, or educating parents on the online threats to their children, Ms. Miller has been a leader in the fight.  We are very proud of her efforts.”

The North Texas Crime Commission (formerly the Greater Dallas Crime Commission) was established in 1950.  Its belief is that proper enforcement and enlightened prevention can be achieved through a comprehensive and cooperative effort involving concerned citizens and law enforcement.  In addition to monthly membership breakfasts, the NTCC travels to Austin monthly during the Legislative Session to meet with key lawmakers and annually to Washington, D.C., to meet with law enforcement officials and lawmakers.

Headshot AUSA Marisa Miller

 

BEAUMONT, Texas – A 30-year-old Vidor, Texas man has been indicted for federal violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown.             

Taylor Graham Cozart was indicted by a federal grand jury today and charged with being a felon in possession of a firearm.

According to information presented in court, on July 30, 2019, law enforcement officers responded to a motorcycle accident on Interstate Highway 10 in Orange County, Texas.  The defendant was the driver of the motorcycle, which was later determined to be stolen.  Cozart was transported to a nearby hospital and the accident scene was cleared, during which time officers located a backpack affixed to the motorcycle.  The backpack contained a pistol, ammunition, $3,000 cash, methamphetamine, Xanax and Hydrocodone pills.  Further investigation revealed Cozart was a convicted felon having three prior felony drug convictions.  As a convicted felon, Cozart is prohibited from owning or possessing firearms or ammunition. 

If convicted, Cozart faces up to 10 years in federal prison.

            This case is being prosecuted as part of the Project Safe Neighborhoods Initiative.  Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

This case is being investigated by the Texas Department of Public Safety and the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Michelle S. Englade.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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BEAUMONT, Texas – Two Houston men have been indicted for federal violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.             

Lynric Doniel Strambler, 40, and Curtic DeMaine White, 43, were indicted by a federal grand jury today and charged with interstate transportation of stolen property and conspiracy.

According to information presented in court, on July 31, 2019, Strambler and White are alleged to have burglarized the Best Buy Co., Inc in Mobile, Alabama and D’Iberville, Mississippi.  Strambler and White were arrested in Vidor, Texas while transporting approximately 20 stolen iPhones from Mississippi to Texas.

If convicted, the defendants each face up to 10 years in federal prison.

This case is being investigated by the Federal Bureau of Investigation and the Vidor Police Department and prosecuted by Assistant U.S. Attorney Christopher T. Tortorice.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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TYLER, Texas – A 59-year-old Longview, Texas, man has been sentenced to federal prison for criminal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown and FBI Special Agent in Charge Matthew J. DeSarno.

                Timmy Lynn Vaughn pleaded guilty on May 2, 2019, to making false statements to a bank and was sentenced to 12 months and one day in federal prison today by U.S. District Judge Jeremy D. Kernodle.  Vaughn was also ordered to pay restitution in the amount of $145,100.

According to information presented in court, in March of 2016, Vaughn applied for a personal loan at a bank located in the Eastern District of Texas using the name of another individual.  The promissory note and documents submitted to the bank in connection with the application contained forged signatures of the borrower.  As a result, the loan was approved and the proceeds remitted by a cashier’s check payable to one of Vaughn’s businesses.  The cashier’s check was deposited the same day into an account controlled by Vaughn. 

                This case was investigated by the Federal Bureau of Investigation’s Tyler Resident Agency and prosecuted by Assistant U.S. Attorney Frank Coan. 

 

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TYLER, Texas – Two East Texas men have pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

David Anthony Ebanez, 23, of Jacksonville, and Vincent James Galella, 28, Whitehouse, each pleaded guilty this week to possession with intent to distribute methamphetamine before U.S. Magistrate Judge K. Nicole Mitchell.    

According to information presented in court, on April 10, 2019, Ebanez was found in possession of over 50 grams of a substance containing methamphetamine at the Cherokee County Courthouse in Rusk, Texas. 

On Sep. 24, 2018, Galella was found in possession of methamphetamine in a vehicle in Smith County, Texas.

Ebanez and Galella were both indicted by a federal grand jury on May 15, 2019, and charged with federal drug trafficking violations.

                Under federal statutes, Ebanez faces a minimum of five years and up to 40 years in federal prison while Galella faces a maximum of 20 years.  These guidelines prescribed by Congress are provided here for information purposes, as the sentencings will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  Sentencing hearings will be scheduled after the completion of presentence investigations by the U.S. Probation Office.

                This case was investigated by the DEA Dallas Field Division, Tyler Resident Office; the Cherokee County Sheriff’s Office, Jacksonville Police Department, and the Smith County Sheriff’s Office.  This case is being prosecuted by Assistant U.S. Attorneys Mary Ann Cozby and Colleen Bloss.

BEAUMONT, Texas – A 29-year-old Beaumont, Texas man has been indicted for robbing a bank in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.                 

Clarence Richard Griffin was indicted by a federal grand jury today and charged with bank robbery.

According to information presented in court, on Aug. 8, 2019, Griffin is alleged to have entered the Beaumont Community Credit Union on MLK Parkway in Beaumont, approached the teller with his hand inside a plastic bag simulating a weapon, and demanded money. Griffin then fled the credit union with approximately $2,100 in cash and was apprehended a short time later near the credit union with the stolen cash, plastic bag, and bank tracking device.  Video surveillance supported witness accounts.   

If convicted, Griffin faces up to 20 years in federal prison.

This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Michael Anderson.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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BEAUMONT, Texas – A 28-year-old Beaumont, Texas man has been sentenced to federal prison for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Raymond Earl Robinson, III, pleaded guilty on April 15, 2019, to being a felon in possession of a firearm and possession of a firearm during a drug trafficking crime and was sentenced to 97 months in federal prison today by U.S. District Judge Thad Heartfield.           

          According to information presented in court, on Feb. 11, 2018, Robinson was a passenger in a vehicle stopped by local police in Beaumont.  A search of the vehicle during the stop revealed a loaded automatic handgun, ammunition and various illegal drugs including marijuana, Xanax, Hydrocodone, and methamphetamine.  On Mar. 24, 2018, Robinson was driving a vehicle in Beaumont when he was stopped by local police.  During the traffic stop, it was discovered that Robinson had multiple warrants and was arrested.  A semiautomatic handgun was discovered during a search of the vehicle. Further investigation revealed Robinson was a convicted felon having been previously found guilty of possession of a controlled substance in 2012, evading arrest in 2013, firearms smuggling in 2013, and unlawfully carrying a weapon in 2015.  It is a violation of federal law for a convicted felon to own or possess a firearm or ammunition.  Robinson was indicted on June 6, 2018 and charged with federal firearms violations.

“By removing a criminal involved in the illegal possession of firearms and narcotics, ATF and Beaumont Police Department have successfully shortened the reach of this individuals’ capability to do harm to our community,” said ATF Special Agent in Charge Fred Milanowski.

               This case was prosecuted as part of the Project Safe Neighborhoods Initiative.  Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Randall L. Fluke.

BEAUMONT, Texas – A 41-year-old Ft. Lauderdale, Florida woman has been indicted for federal drug trafficking violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.                 

Shenita Denise Peterson was indicted today and charged with possession with intent to distribute cocaine.

According to information provided in court, on Aug. 23, 2019, Peterson was stopped for a traffic violation on Interstate Highway 10 in Beaumont, Texas.  A search of the vehicle revealed approximately 45 individual kilograms of cocaine, which were concealed in the door panels of the vehicle. 

If convicted, Peterson faces up to life in federal prison.

This case is being investigated by the Beaumont Police Department and the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Robert L. Rawls. 

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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PLANO, Texas — A 34-year-old Dallas man has been sentenced to over 12 years in federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Joshua David LeCompte pleaded guilty on Feb. 21, 2019, to distribution of child pornography and was sentenced to 151 months in federal prison by U.S. District Judge Marcia A. Crone on Aug. 28, 2019.

According to information presented in court, in August 2016, a law enforcement officer received a tip that an individual had uploaded multiple files containing child pornography onto an Internet-based communications software application.  An investigation led to LeCompte’s address in Dallas, Collin County, Texas.  Law enforcement officers executed a search warrant at LeCompte’s residence and seized digital media items from the residence.  A forensic analysis of the digital media revealed a substantial amount of child pornography files that LeComte had distributed to others.  LeCompte was indicted by a federal grand jury on Dec. 12, 2018.

“This lengthy sentence should send a strong message to predators who think they are anonymously exploiting children by using the internet,” said Ryan L. Spradlin, special agent in charge of HSI Dallas.  “Homeland Security Investigations special agents are highly skilled and trained to use the most advanced technology available to locate, identify and investigate these monsters who collect and distribute this kind of horrific material that traumatizes victims for the rest of their lives.  We aggressively work with community members and our law enforcement partners to rescue these innocent children and prosecute their exploiters.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by HSI Dallas, the Dallas Police Department and the Collin County District Attorney’s Office and prosecuted by Assistant U.S. Attorney Marisa Miller.

 

PLANO, Texas — A 22-year-old McKinney, Texas man has been sentenced to over 20 years in federal prison for child exploitation and child pornography violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today and Federal Bureau of Investigation Special Agent in Charge Matthew J. DeSarno.

Stephen Chase Clark pleaded guilty on March 4, 2019, to attempted coercion and enticement of minors and distribution of child pornography and was sentenced to 250 months in federal prison by U.S. District Judge Marcia A. Crone on Aug. 28, 2019.

According to information presented in court, in August 2018, an undercover law enforcement officer posing online as a 13-year-old child received messages on a social media application from Clark requesting personal information such as where the child attended school and asking about the child’s home life.  Clark also asked for photos of the child in their underwear and in the nude and asked if he could meet the child for sex and discussed the sexual acts he wanted to engage in with the child.  On Aug. 28, 2018, Clark arrived at a Collin County park with the intention of meeting the child and engaging in sexual activity.  Clark was arrested at that time and indicted by a federal grand jury on Oct. 10, 2018. 

“This was an especially warped defendant, and we have real concern that there could be other victims out there,” said United States Attorney Joseph D. Brown.   “We encourage anyone who knows of other inappropriate contact that Clark could have had with children to call our victim’s assistance hotline.”  

Those with information on this matter or those who may have had contact with Clark are urged to contact the U.S. Attorney’s Office at 1-800-804-3547. 

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Federal Bureau of Investigation’s Dallas Field Division and the Collin County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Marisa Miller.

 

TYLER, Texas – A 55-year-old Canton, Texas man has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown and FBI Special Agent in Charge Matthew D. DeSarno.

Andrew Mark Harris pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine today before U.S. Magistrate Judge John D. Love.

           According to information presented in court, on July 14, 2018, Harris was stopped for a traffic violation in Van Zandt County, Texas, and found to be in possession of 1.4 grams of methamphetamine.  During the investigation, Harris admitted to being responsible for the distribution of between 50 and 200 grams of methamphetamine.  Harris was indicted by a federal grand jury on May 22, 2019 and charged with federal drug trafficking violations.

                Under federal statutes, Harris faces up to 20 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

                This case was investigated by the Federal Bureau of Investigation and the Van Zandt County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Alan Jackson.

BEAUMONT, Texas –A 37-year-old Mexican national has been sentenced to federal prison for immigration and drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Juan Jose Castro-Ayala pleaded guilty on April 3, 2019, to possession with intent to distribute cocaine and unlawfully reentering the United States after having been deported.  Castro-Ayala was sentenced today by U.S. District Judge Marcia Crone to 80 months in federal prison for the drug conviction and 24 months for the immigration violation.  The sentences were ordered to run concurrently. 

According to information presented in court, on Sep. 12, 2018, Castro-Ayala was stopped for a traffic violation in Jefferson County, Texas.  A search of the vehicle revealed seven kilograms of cocaine inside two five-gallon paint buckets.  Castro-Ayala was transported to jail where a records check revealed he had been previously deported from the United States on three separate occasions in 2014 and again in 2015.  Further investigation revealed Castro-Ayala was convicted in 2003 of assault causing bodily injury in Hidalgo County, Texas.

This case was investigated by the U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Randall L. Fluke.

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Clemente Valdez, Jr., 36, of Dallas, pleaded guilty on April 11, 2019, to escape and was sentenced to 24 months in federal prison today by U.S. District Judge Marcia Crone.  This sentence will be added to the remainder of the federal sentence Valdez was serving as a result of his 2012 conviction on federal drug trafficking charges at the time of his escape from federal custody earlier this year. 

            According to information presented in court, on Jan. 12, 2019, the Jefferson County Sheriff’s Office received a call from a citizen near the Bureau of Prison Camp Facility in west Jefferson County reporting they had witnessed inmates crossing a pasture and getting picked up by a vehicle on Hillebrandt Road.  A Jefferson County Sheriff’s Deputy pulled over the vehicle shortly afterwards and found Valdez and another escapee inside.  The inmates were transported back to the prison facility by law enforcement officers and indicted by a federal grand jury on Feb. 6, 2019.

            “This is one of several inmates who have walked away in recent months from the prison camp, which is a minimum security facility for low risk inmates, usually serving the final portion of their sentences,” said United States Attorney Joseph D. Brown.  “Regardless of the circumstances, they escaped from a prison facility and anyone who does so will be prosecuted, along with anyone on the outside that helps the escape.”

Valdez was sentenced to over 17 years in federal prison in 2012 for conspiracy to commit money laundering and conspiracy to distribute cocaine.  Valdez was also convicted of marijuana trafficking in 2003 and served state prison time in North Carolina for that offense.

            This case was investigated by the Federal Bureau of Prisons, Federal Bureau of Investigation and Jefferson County Sheriff’s Office and prosecuted by Executive Assistant U.S. Attorney Brit Featherston.

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BEAUMONT, Texas – A 39-year-old Beaumont, Texas man has been arrested for federal drug violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.                 

Benjamin Wallace Dykes was indicted on March 5, 2019 and charged with conspiracy to possess with intent to distribute and distribution of cocaine.  Dykes was arrested on August 7, 2019 and will be arraigned today before U.S. Magistrate Judge Keith Giblin.

According to information presented in court, it was revealed during the investigation and subsequent prosecution of the Eric Coleman drug trafficking organization, that Dykes, while employed with the City of Beaumont as an Animal Control Officer, was allegedly purchasing cocaine from Coleman for redistribution to others.  Coleman was sentenced to 25 years in federal prison on Jan. 24, 2019. 

If convicted, Dykes faces up to 20 years in federal prison.

This case is being investigated by the U.S. Drug Enforcement Administration and the Beaumont Police Department, and prosecuted by Assistant U.S. Attorney Christopher T. Rapp.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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PLANO, Texas – A 52-year-old Aurora, CO man has been sentenced to federal prison for a wire fraud scheme in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown and FBI Special Agent in Charge Matthew D. DeSarno.

            John Russell Scrivner pleaded guilty on Feb. 8, 2019, to wire fraud and was sentenced to 41 months in federal prison today by U.S. District Judge Marcia A. Crone.  Scrivner was also ordered to pay restitution in the amount of $341,981 to a victim of the wire fraud scheme.

According to information presented in court, from July 2013 to March 2016, Scrivner, a former resident of McKinney, Texas, was employed as the General Manager of a Texas company, Steel Fabrication Services, when he devised and executed a scheme to defraud the company of funds and property.  The FBI’s investigation showed that Scrivner diverted company funds to a bank account he controlled, used money to pay expenses to set up a separate business he controlled, and used the company money to pay for personal expenses.  Scrivner was indicted by a federal grand jury on Oct. 9, 2018. 

            “This was greed, pure and simple,” said U.S. Attorney of the Eastern District of Texas.   “Employers have to put trust in their managers, but it leaves them at risk for these types of frauds.  Companies need checks and balances in place to prevent this from happening to them.”

“The defendant used his position of trust to deceive and defraud his employer,” said Matthew DeSarno, Special Agent in Charge of the FBI Dallas Field Office. “The FBI does not tolerate acts of corporate fraud and will pursue individuals who use their access to profit financially.”

            This case was investigated by the Federal Bureau of Investigation’s Dallas Field Office and prosecuted by Assistant U.S. Attorney Tom Gibson. 

 

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PLANO, Texas – A 23-year-old Richardson, Texas man has been arrested for federal violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown and FBI Special Agent in Charge Matthew DeSarno.             

Rahul Ramesh Joshi was arrested on August 1, 2019, pursuant to a criminal complaint issued by the U.S. District Court charging him with sending threatening communications to injure another, in interstate commerce.  Joshi will make an initial appearance today in Plano.

According to information presented in court, in December 2018, a federal law enforcement agent began investigating a complaint from a female Snapchat user.  She allegedly received threatening messages on different messaging apps from several different user that all seemed to be connected.  Further investigation revealed multiple victims in different states all receiving similar threatening messages.  Forensic analysis of the messages led investigators to the defendant and determined Joshi had lived in Michigan before attending the University of Texas and eventually moving to Richardson, Texas. 

“These were extreme messages, and no one should have to put up with that kind of nonsense,” said United States Attorney Joseph D. Brown.  “Your freedom of speech does not extend to the point that you can threaten and intimidate others.  We will stop that kind of abusive behavior.”

“The victims in this case were subjected to daily harassment and lived in a constant state of fear,” said Matthew DeSarno, Special Agent in Charge of the FBI Dallas Field Office. “We want to send the message that individuals cannot use social media to anonymously target innocent victims. The FBI and its law enforcement partners will continue working together to identify these individuals and hold them accountable for their actions.”

If convicted, Joshi faces up to five years in federal prison.

This case is being investigated by the Federal Bureau of Investigation’s Dallas Field Office, University of Pittsburgh Police Department, University of Texas Police Department, and Wellesley Police Department in Massachusetts.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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PARIS, Texas -  Eight Lamar County residents and a Red River County man have been indicted by a federal grand jury in Sherman for weapons and narcotics violations announced United States Attorney Joseph D. Brown today.

The charges are a result of the efforts of the ATF Eastern District of Texas Violent Crime Task Force, a cooperation between the Paris Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and multiple other regional law enforcement agencies.   The following individuals were indicted on July 10, 2019 and arrested this week:

U.S. Attorney Joe Brown Speaking at Paris, Texas Press Release

Earnest Napoleon Edwards, a.k.a. Jay Edwards, 36, of Paris, Texas, was indicted in a three-count indictment for distribution of and possession with intent to distribute methamphetamine, and knowing and unlawful possession of a firearm and ammunition by a convicted felon.

Kenya Devonta Bell, 26, of Clarksville, Texas, was indicted for possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence.

Latray Wright, 26, of Paris, Texas, was indicted in a two-count indictment for two charges of possession of a firearm by a convicted felon occurring on March 16, 2019, and May 11, 2019. 

Chadwick Cardell Pratt, 36, of Paris, Texas, was indicted in a three-count indictment for possession with intent to distribute a controlled substance, possession or carrying of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon.

Parris Quintez Hughes, 24, of Paris, Texas, was indicted in a two-count indictment for possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime.

Justin Dewayne Thomas, 30, of Paris, Texas, was indicted in a four-count indictment for conspiracy to distribute or possess with intent to distribute a controlled substance, and for three distinct periods of possession of multiple firearms while aware that he is a convicted felon.

Kayla Kyle, 29, of Paris, Texas, was indicted for conspiracy to distribute or possess with intent to distribute a controlled substance.

Jeffrey Whitehead, 33, of Paris, Texas, was indicted in a three-count indictment for possession with intent to distribute or dispense methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon. 

The ATF’s Eastern District Task Force was created earlier this year as part of the Department of Justice’s Project Safe Neighborhoods (PSN) initiative, a program designed to reduce violent crime through collaboration of local, state, and federal law enforcement and prosecution.   Task force partners include the ATF, the Paris Police Department, Plano Police Department, Sherman Police Department, Frisco Police Department, The Colony Police Department, the Cooke County Sheriff’s Office, and the Collin County Sheriff’s Office. 

“These charges are the result of good teamwork between these agencies,” said United States Attorney Joseph Brown.  “They will work together all over northeast Texas to share information and resources and target the offenders who really drive violent crime rates – those carrying guns while they deal drugs and engage in other criminal behavior.  The Project Safe Neighborhoods model has been effective all over the country in reducing violent crime.”

As part of the program, federal officials announced this week that the Paris Police Department would receive $100,000 in grant proceeds to provide equipment, including vehicles, cameras, and other surveillance tools.

“We are pleased to be able to take these offenders off the street,” said Paris Police Chief Bob Hundley. “These are repeat offenders, who continue to carry weapons and break the law, and we want to do everything we can to stop the behavior now, before someone gets really hurt.   The grant funds we are being awarded will help that effort.   They will provide investigative tools that we could not afford otherwise.”

“Collaboration is vital to ensure those who should not have guns do not have guns,” stated ATF Special Agent in Charge Jeffrey C. Boshek III. “The Project Safe Neighborhoods initiative brings law enforcement, prosecutors and community organizations together to develop comprehensive solutions to address violent crime.”

In addition to bringing law enforcement agencies together and providing grant funds for local partners, the Project Safe Neighborhoods initiative also provides funding for statistical research to track crime rate data, identify areas for law enforcement focus, and provide other statistical support.  The initiative also supports crime prevention and offender reentry programs and improved resources for offenders upon release from incarceration.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

 

BEAUMONT, Texas –A 49-year-old Mexican national with multiple prior felony convictions has been sentenced to federal prison for immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Luis Garcia-Torres pleaded guilty on April 15, 2019, to unlawful reentry by a deported alien and was sentenced to 41 months in federal prison today by U.S. District Judge Thad Heartfield.

According to information presented in court, on Jan. 13, 2019, Garcia-Torres was arrested in Orange County, Texas for driving while intoxicated.  After being booked into the Orange County Jail, it was discovered that Garcia-Torres illegal alien with prior felony convictions.  A records check revealed Garcia-Torres had been convicted of voluntary manslaughter in 1988 in North Carolina, aggravated battery with a dangerous weapon in Louisiana in 2001, and aggravated re-entry of a removed alien in 2015.  Garcia-Torres had also been previously deported from the United States to Mexico in 1990, 2011, and 2016.  Garcia-Torres was indicted by a federal grand jury in the Eastern District of Texas on Feb. 16, 2019, and charged with immigration violations.

This case was investigated by the U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) and the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorney Randall L. Fluke.

 

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TYLER, Texas – A 30-year-old Carthage, Texas man has been convicted of federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

            Winfred Earl Ware, Jr. was found guilty by a jury on June 28, 2019, of conspiracy to possess with intent to distribute methamphetamine, obstruction of justice and witness tampering following a two-week trial before U.S. District Judge Marcia A. Crone.

            According to information presented in court, from 2014 through 2017, Ware conspired with others to possess with the intent to distribute 50 grams or more of methamphetamine.  The evidence presented in trial showed that pending trial for the drug conspiracy charge in August 2018, Ware created false Facebook entries purported to be from a government witness which would tend to exonerate the defendant.  By submitting those false documents to the court to be used at trial, the government had to dismiss the pending drug charge against Ware to investigate these messages.  Upon examination, the government determined that the Facebook entries were created by Ware in an effort to influence the testimony of several witnesses in the original trial and to corruptly influence the due administration of justice.  Ware was then indicted in Dec. 2018, on the original drug conspiracy as well as the charges of obstruction of justice and witness tampering.            

            Under federal statutes, Ware faces a minimum of 10 years in federal prison for the drug trafficking and tampering charges and up to 10 years in federal prison for the obstruction violation.  The maximum statutory sentences prescribed by Congress is provided here for information purposes, as the sentence will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, and the Panola County Sheriff’s Office.  This case was prosecuted by Assistant U.S. Attorneys Lauren Gaston and Michelle S. Englade. 

BEAUMONT, Texas – A Beaumont businessman, his wife, and son have pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.             

Larry Earnest Tillery, 69, Judy Kay Tillery, 62, and Brian Tillery, 46, all of Beaumont, appeared in federal court today before U.S. Magistrate Judge Keith F. Giblin to enter their pleas to an Information.  Larry Tillery pleaded guilty to engaging in monetary transactions in property derived from specified unlawful activity and tax evasion.  Judy Tillery pleaded guilty to structuring of financial transactions to evade reporting requirements.  Brian Tillery pleaded guilty to engaging in monetary transactions in property derived from specified unlawful activity.

According to information presented in court, Larry Tillery was engaged in the business of accepting illegal wagers on sporting events from 1985 until April, 2017, and was his primary occupation during that time.  Tillery owned and operated Daylight Motors, a used car dealership, and Lamar Capital, a holding company for Daylight Motors, and used these two companies as a front to launder illicit proceeds from his illegal gambling enterprise.   

Tillery used a website to receive and track wagers from his betting clients, allowing his bettors to place wagers on sporting events, including professional and collegiate basketball, baseball and football games.  Judy Tillery assisted her husband in laundering cash proceeds of his illegal bookmaking activities by depositing cash into her personal bank account at Beaumont Community Credit Union in Beaumont, Texas, and then writing checks to bank accounts controlled by her husband.  Judy Tillery structured these cash deposits in amounts under $10,000 in an attempt to evade federal currency transaction reporting requirements.

    Brian Tillery, Larry Tillery’s son, aided the bookmaking enterprise  by collecting money from sports bettors and making payments to bettors on behalf of his father; checking the online wagers on a regular basis to keep  Larry Tillery aware of what bets were placed on which games; accepting illegal gambling funds from Larry Tillery and making wire transfers to pay illegal gambling debts for Larry Tillery; and mailing packages of currency in excess of $10,000 via the United States Postal Service at the request of Larry Tillery, which was derived from illegal gambling activities. 

Larry Tillery knew that despite the fact that he was violating Texas state and federal law,  federal law nonetheless required him to register as a bookmaker with the Internal Revenue Service and to file monthly excise tax returns to report total wagers he accepted during the month.  Tillery also knew that he was required to pay gross wagering excise taxes of 2% on wagers he accepted each month. But, Tillery failed to report or pay any taxes to the IRS based on the wagers he accepted each month.  During September through November of 2016, Larry Tillery accepted at least 450 wagers totaling $5,060,150. These wagers are subject to the two percent federal gross wagering excise tax and Larry Tillery evaded gross excise wagering taxes of $29,717 in September 2016, $34,423 in October 2016 and $37,063 in November 2016 for a three month total of $101,203.  

Between 2011 and 2016, Tillery accepted at least $52 million in illegal wagers on sporting events.  Tillery did not report these wagers to the IRS or pay gross excise taxes. The gross wagering taxes that resulted from wagers Larry Tillery accepted between 2011 and 2016 total $1,040,000. This tax due figure includes $101,203 in gross wagering excise taxes listed above in this document for wagers accepted in September 2016 – November 2016.

The investigation traced a total of 125 financial transactions in excess of $10,000 derived from illegal gambling that utilized the United States banking system.  These financial transactions totaled more than $32 million between 2010 and 2016. 

As part of the plea agreement, Larry and Judy Tillery are agreeing to forfeit $1,738,455 in cash seized during the investigation; numerous luxury watches and pieces of jewelry; and several professional sports memorabilia items.  They have also agreed to a money judgment of  $32,758,541, representative of illegal wagers the Tillery sports gambling enterprise during the relevant time period.

“The Tillerys ignored state and federal gambling laws, and profited tremendously from a criminal enterprise,” said U.S. Attorney Joseph D. Brown.  “We intend to collect every bit of the money judgment that will be issued against them, and we expect Larry Tillery’s prison sentence to send a message to those who profit from illegal bookmaking.”

“For more than 30 years this family operated one of the largest illegal sports gambling and money laundering operations in the U.S.,” said Assistant Special Agent in Charge (ASAC) Mary Magness, Homeland Security Investigations (HSI) Houston. “Today’s pleas underscore HSI’s commitment to aggressively investigate financial crimes and bring offenders to justice.”

“Concealing or transferring assets in an attempt to evade taxes is a crime, and IRS-CI is committed to prosecuting individuals that do so,” said Rusty Lee, Assistant Special Agent in Charge, IRS Criminal Investigation.

As part of his plea agreement, Brian Tillery agrees to forfeit $241,176 in U.S. currency seized during the investigation and a residence valued at approximately $600,000 located on Christina Court in Beaumont.  He has also agreed to a money judgment of $700,000.

            Under federal statutes, Larry Tillery faces up to 10 years in federal prison.  Judy Tillery and Brian Tillery each face up to five years in federal prison.  The maximum statutory sentences prescribed by Congress is provided her for information purposes, as the sentences will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  Sentencing hearings will be scheduled after the completion of presentence investigations by the U.S. Probation Office.

            This case was investigated by Homeland Security Investigations and the Internal Revenue Service, Criminal Investigation, and is being prosecuted by Assistant U.S. Attorneys Christopher T. Tortorice and Joseph R. Batte.

 

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BEAUMONT, Texas – A 25-year-old Mexican national illegally in the United States, has pleaded guilty to immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

            Joel Sanchez-Guzman pleaded guilty to transporting illegal aliens and illegally reentering the United States after having been deported.  The plea was entered today before U.S. Magistrate Judge Keith Giblin. 

            According to information presented in court, on Feb. 16, 2019, law enforcement officers discovered Sanchez-Guzman transporting eight individuals he knew to be illegally in the United States.  Further investigation revealed Sanchez-Guzman had been paid to transport the illegal aliens through Texas to the northeastern United States.  They also determined that Sanchez-Guzman had transported illegal aliens in this manner on prior occasions.

Under the federal statute, Sanchez-Guzman faces up to 10 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office

            This case was investigated by Homeland Security Investigations/Immigration and Customs Enforcement HSI/ICE, the Nacogdoches Police Department and the Lufkin Police Department and prosecuted by Assistant U.S. Attorney Randall L. Fluke.

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BEAUMONT, Texas – A 27-year-old Guatemalan national illegally in the United States, has pleaded guilty to immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

                Jorge Gonzalez-Ramirez pleaded guilty to transporting illegal aliens and illegally reentering the United States.  The plea was entered today before U.S. Magistrate Judge Keith Giblin.     

                According to information presented in court, on Feb. 12, 2019, Gonzalez-Ramirez was stopped for a traffic violation in Corrigan, Texas.  During the traffic stop, it was discovered that Gonzalez-Ramirez and his six passengers were all in the United States illegally. Among the passengers, was a seven-year-old child traveling with a purported relative, without proper safety restraints. Federal immigration agents arrived at the Corrigan Police Department and took custody of all individuals and transported them to the Montgomery Processing Center in Conroe, Texas.  Their investigation determined that some of the passengers, including the minor, had traveled through Mexico from Guatemala, crossed into the United States illegally, and then illegally transported to Houston.  Gonzalez-Ramirez admitted that he picked up the illegal aliens from an apartment in Houston and was promised money for transporting them.  Gonzalez-Ramirez had previously been deported from the United States to Guatemala in March 2011, and had reentered the United States illegally.     

Under federal statutes, Gonzalez-Ramirez faces up to 10 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentence will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office

                This case was investigated by Homeland Security Investigations/Immigration, Customs Enforcement HSI/ICE, and the Corrigan Police Department, and prosecuted by Assistant U.S. Attorney Randall L. Fluke and Special Assistant U.S. Attorney Tommy Coleman.

 

BEAUMONT, Texas – A 48-year-old Mexican national illegally living in the Beaumont, Texas area, has been sentenced to prison for federal immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

                Jose De Jesus Rocha-Perez pleaded guilty on Dec. 27, 2018 to illegal reentry by a previously deported alien and was sentenced to 27 months in federal prison today by U.S. District Judge Marcia Crone.         

                According to information presented in court, in September 2018, Rocha-Perez was in the Jefferson County Jail in Beaumont Texas following his arrest for public intoxication when a records check by a deportation officer revealed that Rocha-Perez was in the country illegally.  Rocha-Perez was interviewed and admitted to being a citizen of Mexico and illegally present in the United States.

                Further investigation revealed Rocha-Perez had multiple felony convictions including illegal entry into the United States, illegal reentry into the United States, larceny, burglary, and assault.  Rocha-Perez had also been deported from the United States on four separate occasions.

                After completing his federal prison sentence, Rocha-Perez will be deported from the United States.

This case was investigated by the Department of Homeland Security Enforcement and Removal Operations (DHS-ERO) and the Jefferson County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Randall L. Fluke.

 

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TEXARKANA, Texas – A 31-year-old Texarkana, Texas, man has been convicted of federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.                 

Kendall Ray Gray was found guilty of being a felon in possession of a firearm on May 29, 2019, following a two-day jury trial before U.S. District Judge Robert W. Schroeder III.

According to information presented in court, on Nov. 9, 2018, Gray’s vehicle was spotted by police as he drove to a location known for drug activity in Texarkana.  Upon noticing the marked patrol car, Gray attempted to evade police by making four successive left turns and then briefly parking in a restaurant parking lot.  Gray then exited the business parking lot by illegally turning directly into a center lane. Again, officers attempted to follow Gray as he improperly signaled turns and accelerated away from their marked police car. Gray drove into a residential area and parked along a public street.  As police activated the lights on their car, Gray jumped out of the vehicle, locked the doors, and ran.  Gray was apprehended by a police office on foot and arrested for evading detention.  A search of the vehicle revealed small bags containing suspected marijuana and a loaded handgun with a chambered round was positioned under the driver’s side seat.

Further investigation revealed Gray was a convicted felon having been previously convicted of counterfeiting and forging obligations or securities of the United States in 2012 in the Eastern District of Texas and forgery in 2015 in Bowie County, Texas. As a convicted felon, Gray is prohibited from owning or possessing firearms or ammunition.  Gray was indicted by a federal grand jury on Jan. 17, 2019, and charged with federal firearms violations.

Under the federal statute, Gray faces up to 10 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

                This case was prosecuted as part of the Project Safe Neighborhoods Initiative.  Project Safe Neighborhoods is aimed at reducing gun and gang violence; deterring illegal possession of guns, ammunition, and body armor; and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state, and local law enforcement agencies.

This case was investigated by the Texarkana, Texas Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorneys Colleen Bloss and Alan Jackson.

Khristal Ford, 32, a former Lieutenant at the Federal Correctional Complex (FCC) in Beaumont, Texas, pleaded guilty today to aiding and abetting another correctional officer in his assault on an inmate.

According to the plea documents and information presented in court, Khristal Ford was a supervisory correctional officer at the FCC on June 8, 2017, when Ford opened the door of a medical observation cell where A.A., an inmate, was being held. Ford then told a senior correctional officer to “take care of it” and watched as the officer entered the cell and punched A.A. in the head three times without justification. Following this assault, Ford submitted a written memorandum that omitted any reference to the punches and included a falsified breathalyzer photo sheet, all in an effort to conceal the incident and make it appear as if the victim was highly intoxicated at the time of the officer’s assault.

“This type of behavior in our correctional officers erodes public trust,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will vigorously prosecute those who violate the civil rights of inmates.”

“When correctional officers abuse their authority like this, it hurts more than the victim of the assault,” said U.S. Attorney Joseph Brown of the Eastern District of Texas. “It damages the whole system, hurting the credibility of the good officers who try to do the right thing every day. We will do everything we can to make sure these kinds of violations are prosecuted.”

Ford will be sentenced at a later date and faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000. 

A former federal correctional officer faces federal charges in connection with this incident. This former officer is innocent until proven guilty in a court of law.

The Department of Justice, Office of the Inspector General conducted the investigation. Assistant U.S. Attorney Michael A. Anderson of the Eastern District of Texas and Trial Attorney Nicholas Reddick of the Department of Justice’s Civil Rights Division are prosecuting the case.

SHERMAN, Texas - U.S. Attorney Joseph D. Brown announced today that 13 individuals have been arrested in the Republic of Colombia and will be extradited to the United States to face drug trafficking charges in the Eastern District of Texas.

                During the week of May 20, 2019, a combined task force of U.S. and Colombian law enforcement authorities began arresting individuals in Colombia as a result of an international Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force operation. 

With just a handful of special agents from the Dallas DEA field office working these international drug cases, more Colombian drug defendants were extradited to the Eastern District of Texas in 2018 than any other federal district in the United States.

According to the indictment, beginning in 2015, the defendants conspired to import thousands of kilograms of cocaine from Colombia and Mexico into the United States and Europe for distribution.  On February 9, 2019, a federal grand jury in the Eastern District of Texas returned a 2-count indictment charging conspiracy to import cocaine and to manufacture and distribute cocaine intending and knowing that the cocaine will be unlawfully imported into the United States and manufacturing and distributing cocaine intending and knowing that the cocaine will be unlawfully imported into the United States.  The Colombian nationals arrested and named in the indictment are:

KAREN MARLEDIS, 34, also known as La Negra;

FERNEY MONTES RESTREPO, 47, also known as Cucaracho;

HERNAN ANTONIO ALVAREZ CONDE, 28, also known as Ferney;

ORLEY JESUS GALLO DONADO, 36, also known as Orley;

OVIDIO ISAZA GOMEZ, 51, also known as Roque;

MARIA GEORGINA ARANGO MARIN, 46, also known as Gina;

PEDRO JOSE SIOSSI MANJARRES, 61, also known as Hitler;

HOMERO GARZON-BUSTOS, 50, also known as Anna Maria Caceres, also known as Maicol;

FELIX ALBERTO ACUNA CARMONA, 39;

JHON JAIRO AGUDELO GONZALEZ, 36;

JOSE ANEYDER ZAPPA MOLINA, 30, also known as Jose;

ROBERTO HERNANDEZ OSSA, 52, also known as Cambo; and

ALBA NERY RODRIGUEZ, 36, also known as Gaviota.

 

If convicted, they each face a minimum of 10 years in federal prison. 

“Drug traffickers who send their drugs into the United States will not be able to avoid prosecution in the United States by hiding in Colombia or anywhere else,” said U.S. Attorney Joseph D. Brown of the Eastern District of Texas.  “The leadership of Colombia has shown great courage in joining with us to fight this criminal enterprise.  We are grateful for their cooperation and their recognition of the value to both countries in stopping the spread of illegal narcotics.”

“The Dallas North Texas Strike Force and our DEA office in Bogota, Colombia, remain committed to defending the United States against Transnational Criminal Organizations importing drugs into our communities,” said Special Agent in Charge Clyde E. Shelley, Jr., DEA Dallas Field Division.  “We remain committed to following drug trafficking to its origins, in this case Colombia, and we are grateful for partners in the Eastern District of Texas and the Colombian government in this fight.”

This case is being prosecuted under the Organized Crime Drug Enforcement Task Force (OCDETF) as a joint investigation.  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, weapons trafficking offenders, money laundering organizations, and those individuals responsible for the nation’s illegal drug supply. 

This case is being investigated by the U.S. Drug Enforcement Administration, HSI-Immigration & Customs Enforcement, Colombian National Police, and the Colombian Coast Guard.   This case is being prosecuted by Assistant U.S. Attorneys from the Eastern District of Texas.

An indictment is not evidence of guilt.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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TEXARKANA, Texas – A Texarkana, Texas, physician has agreed to pay $118,000 to settle allegations of improper billing practices for his Medicare patients at his three clinics, announced U.S. Attorney Joseph D. Brown today.

Dr. Donald S. Douglas, 50, operates clinics in Texarkana and New Boston, Texas.  The United States’ allegations against Dr. Douglas are contained in a settlement agreement between the parties.  According to the allegations, Dr. Douglas’ advanced practice nurses (sometimes referred to as APNs or mid-level practitioners) were hired to assist him with seeing patients in his clinics.  Under Texas law, APNs may perform certain duties such as treating and diagnosing patients, performing exams, and other functions. If the services are provided with proper physician supervision, they may be billed to Medicare at the full physician rate.  Without direct supervision, APNs may bill Medicare under their own identification number at a reduced rate.  The United States alleged that Dr. Douglas billed Medicare for services provided by his APNs at the full physician rate even when a physician was not available to supervise the APNs’ services.

“Pursuing healthcare fraud is a top priority for my office,” said U.S. Attorney Joseph D. Brown. “When providers such as Dr. Douglas enrich themselves at the expense of Medicare, we will hold them to account.” 

CJ Porter, Special Agent In Charge, Department of Health and Human Services Office of the Inspector General, Office of Investigation said, “Patients can be assured that the government will investigate outlays of taxpayer funds earmarked for medical care to ensure it is delivered by properly licensed and supervised practitioners and at the correct and allowable rate.” 

Under the terms of the settlement agreement, Dr. Douglas does not admit liability.  The United States does not allege the services were not provided or that Dr. Douglas’ APNs provided inferior care.  Dr. Douglas cooperated with the government’s investigation and will pay $118,000 to settle the allegations.

The Medicare program is a federally-funded health care program that provides health care benefits for persons aged 65 and older or for those who receive Social Security Disability Insurance.  Funding is partly provided by Social Security and Medicare taxes.  The program is administered by the Centers for Medicare & Medicaid Services (CMS) which is an agency under the United States Department of Health and Human Services.

Medicare relies on the public to inform when fraud, waste, or abuse might be occurring in the health care setting.  Fraud may be reported to the Medicare Fraud Hotline at 1-800-HHS-TIPS (1-800-447-8477) and may be done anonymously.  

This matter was investigated by the U.S. Department of Health and Human Services – Office of the Inspector General (HHS-OIG), the Federal Bureau of Investigation (FBI), and the United States Attorney’s Office for the Eastern District of Texas.  The civil settlement was negotiated by Assistant U.S. Attorney James Gillingham. 

 

BEAUMONT, Texas – A 41-year-old Houston man has been sentenced to federal prison for drug trafficking and money laundering violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

John D. Leontaritis, owner and operator of Vanderhall Exotics of Houston, and former owner operator of Global Motorcars of Houston, car dealerships that specialized in exotic, luxury automobiles, was found guilty by a jury on Dec. 4, 2018 of conspiracy to possess with intent to distribute and distribution of methamphetamine, as well as, conspiracy to commit money laundering, which were committed from 2013 to 2017 in both the Houston and Beaumont areas. Today, he was sentenced to 240 months in federal prison by U.S. District Judge Marcia A. Crone.              

               According to information presented in court, Leontaritis acted as a financier in a large-scale Houston-based drug trafficking organization that was distributing large amounts of drugs from Mexico to various cities in the United States for several years. Specifically, Leontaritis laundered drug profits through his luxury automobile dealership in Houston by accepting cash from known drug dealers in return for luxury vehicles. As part of the conspiracy, he used fraudulent dealer invoices to hide the true identity of the buyers from law enforcement.  The conspiracy spanned many years and involved hundreds of kilograms of methamphetamine, and millions of dollars laundered through the dealership.  The court sentenced Leontaritis to 240 months (20 years) on each count to run concurrent and those sentences to run consecutive to a Southern District of Texas federal conviction for theft of public money in 2018.

“People who help launder drug money are critical to the conspiracies that allow the drug trade to operate,” said U.S. Attorney Joseph D. Brown.  “Law enforcement worked very hard, and stayed after this case doggedly to make sure every participant was prosecuted.”

               “Today’s lengthy prison sentence for John Leontaritis is another example of how aiding and abetting a drug trafficker can be just as risky as drug trafficking itself,” said Houston DEA Special Agent in Charge Will R. Glaspy.  “We will investigate and prosecute anyone who supports these criminal enterprises.”              

               This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF).  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. 

This case was investigated by the U.S. Drug Enforcement Administration, the Houston Police Department and the Internal Revenue Service-Criminal Investigation and prosecuted by Assistant U.S. Attorneys Michelle S. Englade and Michael Anderson.

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BEAUMONT, Texas – An 18-year-old LaPorte, Texas man has pleaded guilty to bank robbery in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Aaron Gonzalez pleaded guilty to charges of bank robbery by force or intimidation before U.S. Magistrate Judge Zack Hawthorn on May 16, 2019.

According to information presented in court, on Mar. 6, 2019, Gonzalez robbed the Texas First Bank on FM 834 in Hull, Texas by entering the bank and presenting a threatening note to a bank teller.  Gonzalez left the bank with approximately $7,350.00 in cash.  Video surveillance and witness accounts of the bank robber and his vehicle led to Gonzalez’ arrest.  Gonzalez was indicted by a federal grand jury on Apr. 3, 2019

Under the federal statute, Gonzalez faces up to 20 years in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office

This case was investigated by the Federal Bureau of Investigation, the Liberty County Sheriff’s Office, the LaPorte Police Department and the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorney Robert L. Rawls.

TEXARKANA, Texas – A 25-year-old Tyler, Texas man has been sentenced to federal prison for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

               Heon Jong Yoo, a/k/a “Hank Yoo,” was found guilty on Nov. 15, 2018, of seven counts of false statements made in connection with firearms transactions and one count of unlawful possession by a prohibited person.  Yoo was sentenced to 97 months in federal prison today by U.S. District Judge Robert W. Schroeder, III.  Yoo was ordered to surrender to immigration officials for deportation after serving his sentence.

               According to information presented in court, Yoo, a lawful permanent resident from South Korea, was an undergraduate student at the University of Texas-Tyler, when he falsely represented that he was a United States citizen with respect to seven different firearms transactions, some of which involved semiautomatic weapons.  He did so after having been involuntarily committed to a mental institution in the state of New Jersey in 2013 and again in 2015.  At the time of his arrest, Yoo was in possession of multiple firearms, ammunition, and firearms accessories.  Yoo was initially indicted by a federal grand jury on Apr. 18, 2018. A superseding indictment was returned against him on Sep. 19, 2018.

“Law enforcement most likely saved lives with the arrest of Hank Yoo,” said United States Attorney Joseph D. Brown.  “At multiple schools were he had attended, administrators had worried about his increasing threatening behavior.  And when you mix in his history of mental issues and that he was lying to get access to firearms, the situation could have ended badly.”

               “Questions on the ATF Form 4473 are designed to identify prohibitors such as felony offenses, adjudicated mental illness, or substance abuse," stated ATF Special Agent in Charge Jeffrey C. Boshek II. “Yoo lied on the form, then compounded the lies by misusing the benefit afforded by a Texas Concealed Handgun License. His overall, evolving pattern of conduct sounded alarms at institutions and communities throughout Texas.”

               This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Bureau of Investigation; the Texas Department of Public Safety-Texas Rangers Division; the Smith County Sheriff’s Office; the Tyler Police Department; and the University of Texas-Tyler Police Department.  Assistance was also provided by the Department of Homeland Security, the Dallas Police Department, the Plano Police Department, the Prosper Police Department, the Collin College Police Department, the Dallas County Community College District Police Department, the Rutgers University Police Department, and the University of Connecticut Police Department.  The case was prosecuted by Assistant U.S. Attorneys Frank Coan, Lucas Machicek, and Ryan Locker.

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PLANO, Texas –  Three medical professionals have been sentenced to federal prison over the last week in the Eastern District of Texas for the illegal distribution of opioids and other pharmaceutical controlled substances, announced U.S. Attorney Joseph D. Brown today.

                Today in federal court in Plano, Howard Gregg Diamond, 58, of Sherman, was sentenced to 20 years in federal prison for conspiracy to possess with intent to distribute controlled substances and 10 years in prison for health care fraud.   The sentences, handed down by U.S. District Judge Marcia A. Crone, follow Diamond’s guilty plea in October of 2018 and will run concurrently.

                According to information presented in court, beginning in 2010, Diamond wrote prescriptions for hydrocodone, oxymorphone, methadone, fentanyl, morphine, oxycodone, alprazolam, and zolpidem, from his pain management medical offices in Sherman and Paris, Texas without a legitimate medical purpose.  Specifically, on July 15, 2014, Diamond distributed or dispensed morphine, oxycodone, alprazolam and zolpidem to an individual that resulted in that individual’s death on July 25, 2014.  In addition to the death of that patient, Judge Crone received information that six other overdose deaths were connected to prescriptions written by Diamond between 2010 and 2017.  The health care fraud conviction resulted from Diamond submitting a claim for reimbursement to Medicare claiming he treated a Medicare patient on Sep. 29, 2015, although he was in another state at that time.  Diamond was indicted by a federal grand jury on July 6, 2017.

            On May 3, former Richardson doctor Tad W. Taylor, 64, was sentenced to 20 years in federal prison by Judge Crone for conspiracy to distribute and dispense oxycodone, amphetamine salts, hydrocodone, alprazolam and promethazine with codeine.  Taylor’s wife, Chia Jen Lee, also known as Chia Jen Lee-Taylor, a registered nurse, was sentenced to 188 months in federal prison for the same charge.  Taylor and Lee had previously been convicted of the charges by a jury following a seven day trial in October of 2018.          

                According information presented at trial, during 2010 through 2012, Taylor and Lee owned and operated Taylor Texas Medicine, a medical clinic in Richardson, Texas.  The defendants were convicted of conspiring to distribute large quantities of the above five drugs at their clinic without a legitimate medical need.

                “This is the type of behavior that has resulted in the opioid crisis in this country,” said United States Attorney Joseph D. Brown.  “The number of pills Dr. Diamond was prescribing was shocking.  When doctors care more about the money they are making than anything else, people can die, and in his case, they did.  The severity of the sentences for these doctors is the kind we see for dealers of large amounts of street drugs.  And really, that is what these doctors became – just drug dealers.”

                “The DEA has teams of investigators who work to identify doctors who over-write prescriptions, potentially causing addiction and overdoses,” said DEA Special Agent in Charge Clyde E. Shelley, Jr. of the Dallas Field Division.  “We will continue to investigate doctors who practice in this manner.”

                “Opioid fraud schemes result in staggering numbers of addicted patients, overdoses, and deaths of individuals, including Medicare and Medicaid beneficiaries,” said Special Agent in Charge CJ Porter of the Department of Health and Human Services, Office of Inspector General.  “Working in concert with our law enforcement partners, our agents will continue to pursue and prosecute corrupt physicians, like Dr. Howard Diamond, who contribute to this devastating national opioid epidemic.  Dr. Diamond’s lengthy and meaningful sentence, as a result of his depraved indifference to patients he was entrusted to care for, should serve notice to others who would replicate this type of illegal conduct, that they risk severe consequences.”

                "The plea and sentencing of Dr. Howard Diamond underscores the threat posed by this physician,” said FBI Dallas Acting Special Agent in Charge, Michael Schneider. “Diamond leveraged his medical privilege and blatantly violated the doctor's oath for personal financial gain at the expense of his patients. The FBI has made it a priority to proactively identify and bring others like him to justice who willingly engage in criminal activity, specifically over prescribing opioids to the detriment of patients they promised to help and not harm. Diamond was prosecuted because of great law enforcement partnerships that are investigating opiate abuse in the Dallas-Fort Worth Metroplex."

                The case against Diamond was investigated by the U.S. Drug Enforcement Administration, Department of Health and Human Services, Internal Revenue Service, the Federal Bureau of Investigation, the Sherman Police Department, the Ellis County Sheriff’s Office, and the Texas Office of the Attorney General.  This case was prosecuted by Assistant U.S. Attorneys Heather Rattan and Maureen Smith.

                The cases against Taylor and Lee were investigated by the U.S. Drug Enforcement Administration, Desoto Police Department, and Ellis County Sheriff’s Office and prosecuted by Assistant U.S. Attorneys Stevan A. Buys and Jonathan R. Hornok.

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Two Greek shipping companies, Avin International LTD and Nicos I.V. Special Maritime Enterprises, were sentenced today in the Eastern District of Texas before Judge Marcia A. Crone on charges stemming from several discharges of oil into the waters of Texas ports by the oil tanker M/T Nicos I.V., announced Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division and United States Attorney Joseph D. Brown for the Eastern District of Texas.

Avin International was the operator and Nicos I.V. Special Maritime Enterprises was the owner of the Nicos I.V., which is a Greek-flagged vessel. The Master of the Nicos I.V., Rafail-Thomas Tsoumakos, and the vessel’s Chief Officer, Alexios Thomopoulos, also pleaded guilty to making material false statements to members of the United States Coast Guard during the investigation into the discharges. 

Both companies pleaded guilty to one count of obstruction of an agency proceeding, one count of failure to report discharge of oil under the Clean Water Act, and three counts of negligent discharge of oil under the Clean Water Act on Nov. 26, 2018. Under the plea agreement, the companies will pay a $4 million criminal fine and serve a four-year term of probation, during which vessels operated by the companies will be required to implement an environmental compliance plan, including inspections by an independent auditor. Mr. Tsoumakos and Mr. Thomopoulos both pleaded guilty to one count of making a material false statement and were sentenced to pay fines of $10,000 each on Dec. 20, 2018.

“Our nation, including the State of Texas, rely on America’s ports and coastal waters for trade, recreation, and environmental enjoyment. Foreign companies acting in defiance of the laws and regulations that protect these valued resources threaten adjacent communities as well as marine ecosystems more broadly,” said Assistant Attorney General Clark. “The Division remains committed to pursuing justice for these offenders, and today’s action stands as proof of that commitment.”

“Our coastal waterways are critically important,” said United States Attorney Joseph D. Brown.  “Companies that use them are expected to help maintain them by abiding by the Clean Water Act.  When they do not, there will continue to be investigations and consequences for those violations.  Furthermore, individuals are always expected to tell the truth when investigations are required, and failure to deal truthfully with investigators always makes a situation worse.”

“We are very grateful for the opportunity to work with the Coast Guard Investigative Service, the United States Department of Justice’s Environmental Crimes Section, and the United States Attorney’s Office, who were all instrumental in achieving this significant outcome,” said Captain Jacqueline Twomey of U.S. Coast Guard Sector MSU Port Arthur. “We believe that the results of this case will serve as a deterrent that will ultimately prevent or reduce the damage to the environment. By demonstrating the consequences of this vessel’s illicit actions, the intense collaboration and attention to detail of all team members ensured this vessel and others, with similar intentions that conduct trade in the United States, comply with domestic and international environmental laws intended to eliminate marine pollution around the globe.” 

According to documents filed in court, the Nicos I.V. was equipped with a segregated ballast system, a connected series of tanks used to control the trim and list of the vessel by taking on or discharging water, the latter involving an operation called deballasting. At some point prior to July 6, 2017, the ballast system of the Nicos I.V. became contaminated with oil and that oil was discharged twice from the vessel into the Port of Houston on July 6 and July 7, 2017, during deballasting operations. Both Tsoumakos and Thomopoulos were informed of the discharges of oil in the Port of Houston. Tsoumakos failed to report the discharges, which, as the person in charge of the vessel, he was required to do under the Clean Water Act. Neither discharge was recorded in the vessel’s oil record book, as required under MARPOL and the Act to Prevent Pollution from Ships.

After leaving the Port of Houston, en route to Port Arthur, Texas, oil was observed in several of the ballast tanks. After arriving in Port Arthur, additional oil began bubbling up next to the vessel, which was then reported to the U.S. Coast Guard. During the ensuing investigation, both Tsoumakos and Thomopoulos lied to the Coast Guard, stating, among other things, that they had not been aware of the oil in the ballast system until after the discharge in Port Arthur, and that they believed that the oil in the ballast tanks had entered them when the vessel took on ballast water in Port Arthur.

The case was investigated by the U.S. Coast Guard Investigative Service, with assistance from the U.S. Coast Guard Sector MSU Port Arthur, which conducted the inspection of the ship. Additional assistance was provided by the U.S. Environmental Protection Agency’s Criminal Investigation Division, the Jefferson County Sheriff’s Office Marine Unit, and the Beaumont Police Department. The prosecution was handled by Trial Attorney Lauren D. Steele of the Environmental Crimes Section of the U.S. Department of Justice and Assistant United States Attorney Joseph R. Batte of the Eastern District of Texas.

WASHINGTON – Two Greek shipping companies, Avin International LTD and Nicos I.V. Special Maritime Enterprises, were sentenced today in the Eastern District of Texas before Judge Marcia A. Crone on charges stemming from several discharges of oil into the waters of Texas ports by the oil tanker M/T Nicos I.V., announced Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division and United States Attorney Joseph D. Brown for the Eastern District of Texas.

Avin International was the operator and Nicos I.V. Special Maritime Enterprises was the owner of the Nicos I.V., which is a Greek-flagged vessel. The Master of the Nicos I.V., Rafail-Thomas Tsoumakos, and the vessel’s Chief Officer, Alexios Thomopoulos, also pleaded guilty to making material false statements to members of the United States Coast Guard during the investigation into the discharges. 

Both companies pleaded guilty to one count of obstruction of an agency proceeding, one count of failure to report discharge of oil under the Clean Water Act, and three counts of negligent discharge of oil under the Clean Water Act on Nov. 26, 2018. Under the plea agreement, the companies will pay a $4 million criminal fine and serve a four-year term of probation, during which vessels operated by the companies will be required to implement an environmental compliance plan, including inspections by an independent auditor. Mr. Tsoumakos and Mr. Thomopoulos both pleaded guilty to one count of making a material false statement and were sentenced to pay fines of $10,000 each on Dec. 20, 2018.

“Our nation, including the State of Texas, rely on America’s ports and coastal waters for trade, recreation, and environmental enjoyment. Foreign companies acting in defiance of the laws and regulations that protect these valued resources threaten adjacent communities as well as marine ecosystems more broadly,” said Assistant Attorney General Clark. “The Division remains committed to pursuing justice for these offenders, and today’s action stands as proof of that commitment.”

“Our coastal waterways are critically important,” said United States Attorney Joseph D. Brown.  “Companies that use them are expected to help maintain them by abiding by the Clean Water Act.  When they do not, there will continue to be investigations and consequences for those violations.  Furthermore, individuals are always expected to tell the truth when investigations are required, and failure to deal truthfully with investigators always makes a situation worse.”

“We are very grateful for the opportunity to work with the Coast Guard Investigative Service, the United States Department of Justice’s Environmental Crimes Section, and the United States Attorney’s Office, who were all instrumental in achieving this significant outcome,” said Captain Jacqueline Twomey of U.S. Coast Guard Sector MSU Port Arthur. “We believe that the results of this case will serve as a deterrent that will ultimately prevent or reduce the damage to the environment. By demonstrating the consequences of this vessel’s illicit actions, the intense collaboration and attention to detail of all team members ensured this vessel and others, with similar intentions that conduct trade in the United States, comply with domestic and international environmental laws intended to eliminate marine pollution around the globe.” 

According to documents filed in court, the Nicos I.V. was equipped with a segregated ballast system, a connected series of tanks used to control the trim and list of the vessel by taking on or discharging water, the latter involving an operation called deballasting. At some point prior to July 6, 2017, the ballast system of the Nicos I.V. became contaminated with oil and that oil was discharged twice from the vessel into the Port of Houston on July 6 and July 7, 2017, during deballasting operations. Both Tsoumakos and Thomopoulos were informed of the discharges of oil in the Port of Houston. Tsoumakos failed to report the discharges, which, as the person in charge of the vessel, he was required to do under the Clean Water Act. Neither discharge was recorded in the vessel’s oil record book, as required under MARPOL and the Act to Prevent Pollution from Ships.

After leaving the Port of Houston, en route to Port Arthur, Texas, oil was observed in several of the ballast tanks. After arriving in Port Arthur, additional oil began bubbling up next to the vessel, which was then reported to the U.S. Coast Guard. During the ensuing investigation, both Tsoumakos and Thomopoulos lied to the Coast Guard, stating, among other things, that they had not been aware of the oil in the ballast system until after the discharge in Port Arthur, and that they believed that the oil in the ballast tanks had entered them when the vessel took on ballast water in Port Arthur.

The case was investigated by the U.S. Coast Guard Investigative Service, with assistance from the U.S. Coast Guard Sector MSU Port Arthur, which conducted the inspection of the ship. Additional assistance was provided by the U.S. Environmental Protection Agency’s Criminal Investigation Division, the Jefferson County Sheriff’s Office Marine Unit, and the Beaumont Police Department. The prosecution was handled by Trial Attorney Lauren D. Steele of the Environmental Crimes Section of the U.S. Department of Justice and Assistant United States Attorney Joseph R. Batte of the Eastern District of Texas.

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BEAUMONT, Texas – A 20-year-old Port Arthur, Texas man has been indicted by a federal grand jury in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.             

Jamon Roshaud Brooks was named in a two-count indictment charging him with Hobbs Act robbery and brandishing a firearm during a crime of violence.  The indictment was returned by a federal grand jury on May 1, 2019.

The indictment alleges that on Dec. 21, 2018, Brooks brandished a firearm while robbing a business located at 2150 Stillwater Drive in Beaumont, Texas, which engaged in, and affected interstate commerce in violation of the Hobbs Act.   

If convicted, Brooks faces up to 20 years in federal prison for the robbery and seven years consecutive for brandishing a firearm.

This case is being investigated by the Beaumont Police Department, the Jefferson County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Port Arthur Police Department and prosecuted by Assistant U.S. Attorney Russell James.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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BEAUMONT, Texas – A 26-year-old Beaumont, Texas man has been indicted for federal violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown.                 

Bernard James Bell was arrested on Apr. 17, 2019, pursuant to a criminal complaint issued by the U.S. District Court charging him with felon in possession of a firearm.  Bell was indicted on those charges by a federal grand jury on May 1, 2019.

According to information presented in court, on Apr. 11, 2019, law enforcement officers began investigating a homicide that occurred in Beaumont’s west end.  On Apr. 14, 2019, investigators learned that Bell was provided a firearm that was used in connection with that homicide.  After speaking with Bell, investigators recovered the firearm and determined that Bell had possessed it.  Further investigation revealed Bell is a convicted felon having several convictions in Jefferson County, Texas in 2011 and 2012.  As a convicted felon, Bell is prohibited from owning or possessing firearms or ammunition. 

If convicted, Bell faces up to 10 years in federal prison.

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Russell James.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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A former senior correctional officer at the Federal Correctional Complex (FCC) in Beaumont, Texas, was indicted yesterday on charges that he used unlawful force on an inmate and then submitted a false incident report, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Eastern District of Texas Joseph D. Brown, and Department of Justice, Office of the Inspector General, Acting Special Agent in Charge Robert A. Bourbon of the Dallas Field Office.

According to the indictment, Tavoris Bottley, 33, was working at FCC Beaumont on June 8, 2017, when he assaulted an inmate by punching the inmate in the head three times. The defendant then allegedly submitted an incident report that omitted these punches and falsely cited the inmate for attempting to assault staff.

The defendant faces a maximum statutory penalty of 10 years in prison for the civil rights violation, 20 years in prison for the obstruction offense, and a fine of up to $250,000 for each charge. 

An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty.

The Department of Justice, Office of the Inspector General conducted the investigation. Assistant U.S. Attorney Michael A. Anderson of the Eastern District of Texas and Trial Attorney Nicholas Reddick of the Justice Department’s Civil Rights Division are prosecuting the case.

WASHINGTON – A former senior correctional officer at the Federal Correctional Complex (FCC) in Beaumont, Texas, was indicted yesterday on charges that he used unlawful force on an inmate and then submitted a false incident report, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Eastern District of Texas Joseph D. Brown, and Department of Justice, Office of the Inspector General, Acting Special Agent in Charge Robert A. Bourbon of the Dallas Field Office.

According to the indictment, Tavoris Bottley, 33, was working at FCC Beaumont on June 8, 2017, when he assaulted an inmate by punching the inmate in the head three times. The defendant then allegedly submitted an incident report that omitted these punches and falsely cited the inmate for attempting to assault staff.

The defendant faces a maximum statutory penalty of 10 years in prison for the civil rights violation, 20 years in prison for the obstruction offense, and a fine of up to $250,000 for each charge. 

An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty.

The Department of Justice, Office of the Inspector General conducted the investigation. Assistant U.S. Attorney Michael A. Anderson of the Eastern District of Texas and Trial Attorney Nicholas Reddick of the Justice Department’s Civil Rights Division are prosecuting the case.

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BEAUMONT, Texas – A 43-year-old Beaumont man has been indicted by a federal grand jury and charged with firearms violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.             

Brian Alfred was charged with being a felon in possession of a firearm in an indictment returned by a federal grand jury on May 1, 2019.

The indictment alleges that on Apr. 1, 2019, Alfred possessed a rifle after having been previously convicted of aggravated assault against a public servant in Hardin County, Texas in 2010.  As a convicted felon, Alfred is prohibited from owning or possessing firearms or ammunition. 

If convicted, Alfred faces up to 10 years in federal prison.

This case is being investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Russell James.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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TEXARKANA, Texas – A 44-year-old Chicago, Illinois, man has been convicted of federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.                

James L. Morgan was found guilty of possession with intent to distribute methamphetamine and being a felon in possession of a firearm.  The verdict was reached today following a four-day trial before U.S. District Judge Robert W. Schroeder, III.

According to information presented in court, on Sep. 28, 2017, Morgan was stopped by Texas DPS troopers on IH-30 near Mt. Pleasant, Texas, for failing to maintain a single lane of traffic.  During the traffic stop, Morgan fled on foot while a passenger, Antonio Alexander Lee, got back in the vehicle and drove away before being stopped by spike strips in Bowie County, Texas.  Morgan was apprehended on a rural county road after crossing all lanes of IH-30 on foot and a barbed wire fence.  A search of the vehicle revealed more than 75 grams of actual  methamphetamine, a loaded firearm, a digital scale and approximately one gram of heroin.  Further investigation revealed Morgan was a convicted felon and prohibited from owning or possessing firearms or ammunition.  Morgan and Lee were indicted by a federal grand jury on Oct. 18, 2017.

Lee pleaded guilty to conspiracy to possess a controlled substance and was sentenced to 94 months in federal prison on Aug. 21, 2018. 

Under the federal statute, Morgan faces up to life in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office

This case was investigated by the Texas Department of Public Safety, Criminal Investigation and Highway Patrol Divisions; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Drug Enforcement Administration; Titus County Sheriff’s Office; Bowie County Sheriff’s Office; and the Cass County District Attorney’s Office.  The case was prosecuted by Assistant U.S. Attorneys Allen Hurst, Jonathan R. Hornok and Graham Jones.

 

BEAUMONT, Texas – A 21-year-old Mexican national living in Liberty, Texas, has been convicted of federal kidnapping charges in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.                

Juan Carlos Saucedo-Meza was found guilty of kidnapping following a three-day trial before U.S. District Judge Marcia A. Crone today.

According to information presented in court, beginning on Aug. 24, to Aug. 25, 2018, Saucedo-Meza kidnapped a woman from Liberty, Texas and transported her to Lake Charles, LA, against her will.   He was indicted by a federal grand jury on Sep. 5, 2018 and charged with kidnapping.

In connection with this incident, Saucedo-Meza is facing charges of aggravated sexual assault and aggravated kidnapping in Jefferson County, Texas. 

Under the federal statute, Saucedo-Meza faces up to Life in federal prison at sentencing.  The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.  A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office

This case was investigated by the Federal Bureau of Investigation, Jefferson County Sheriff’s Office, Liberty County Sheriff’s Office, Lake Charles Police Department, and Jefferson County District Attorney’s Office.  This case was prosecuted by Assistant U.S. Attorneys Christopher T. Tortorice and K. P. Kennedy Gates.

SHERMAN, Texas – Two Chinese nationals have been sentenced for maritime drug smuggling, announced Eastern District of Texas U.S. Attorney Joseph D. Brown today. 

FeiShang Liang, 52, and KanHua Wu, 51, both of the People’s Republic of China, were found guilty by a jury of maritime drug smuggling violations following a four-day trial before U.S. District Judge Amos L. Mazzant, III on Aug. 2, 2018.  Wu was sentenced to 235 months in federal prison on Nov. 13, 2018.  Liang was sentenced to Life in federal prison today by Judge Mazzant.

            According to information presented in court, on Nov. 24, 2016, while on routine patrol in the Eastern Pacific Ocean, a United States Coast Guard Cutter detected a 120 foot long fishing vessel approximately 1,025 nautical miles west of the Galapagos Islands, Ecuador.  The Coast Guard launched its small boat to approach the fishing vessel, at which time the crew aboard the fishing vessel began throwing packages overboard.  Afterwards, law enforcement officers recovered 42 packages containing 983 kilograms of cocaine and the seven crew members aboard the fishing vessel were arrested and charged with maritime drug smuggling violations. Testimony at trial revealed that Liang was the ship’s captain and Wu was the engineer.  A U.S. Coast Guard helicopter monitoring the vessel caught both Liang and Wu on videotape as they threw over one ton of cocaine outfitted with GPS trackers into the ocean as they were being pursued by the Coast Guard.    

“We are committed to dismantling drug trafficking organizations and their entire global enterprise,” said Eastern District of Texas U.S. Attorney Joseph D. Brown. “The work done by the Drug Enforcement Administration and United States Coast Guard in investigating this case has been outstanding in every respect.  We will continue to follow the chain of distribution from the street all the way to the source of supply and prosecute everyone responsible.”               

                This case was investigated by the U.S. Drug Enforcement Administration and the U.S. Coast Guard and prosecuted by Assistant U.S. Attorneys Jay R. Combs and Christopher Eason.

 

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TYLER, Texas – Three Tyler, Texas residents have been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Jose Luis Marquez Rodriguez, 53; Eleazar Juarez Juarez, 45; and Virginia Colis Rodriguez, 52, were named in an indictment returned by a federal grand jury on Apr. 17, 2019 charging them with conspiracy to traffic and trafficking in counterfeit U.S. identification documents.

According to documents filed in court, beginning in 2009, the defendants are alleged to have flooded the Eastern District of Texas and elsewhere with counterfeit United States identification documents including United States Permanent Residence Cards, United States Social Security Cards, and Driver’s licenses that appeared to be issued by or under the authority of the United States or a state, and that were produced using materials which had been shipped and transported in interstate commerce. The defendants sold the identities of unsuspecting United States citizens for approximately $200 apiece.

To facilitate the scheme, the defendants are alleged to have instructed end customers to text Rodriguez’s cell phone number with their headshots taken against white backgrounds and their requested name and date of birth for the counterfeit U.S. documents.  The defendants then manufactured counterfeit United States identification documents at Rodriguez and Colis’ home in Smith County.  One of the defendants would then deliver the counterfeit identification to the end customer and accept payment. Rodriguez kept detailed records of their distribution efforts and in March 2019 alone, recorded 90 sales of counterfeit United States identification documents. 

If convicted, the defendants face up to 15 years in federal prison.

This case is being investigated by the Federal Bureau of Investigation, Smith County Sheriff’s Office, U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement, and Texas Department of Public Safety.  This case is being prosecuted by Assistant U.S. Attorney Colleen Bloss.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

BEAUMONT, Texas – A 26-year-old Beaumont, Texas man has been arrested for federal violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown.                 

Bernard James Bell was arrested on Apr. 17, 2019, pursuant to a criminal complaint issued by the U.S. District Court charging him with felon in possession of a firearm.  Bell appeared in federal court today on the charges.

According to information presented in court, on Apr. 11, 2019, law enforcement officers began investigating a homicide that occurred in Beaumont’s west end.  On Apr. 14, 2019, investigators learned that Bell was provided a firearm that was used in connection with that homicide.  After speaking with Bell, investigators recovered the firearm and determined that Bell had possessed it.  Further investigation revealed Bell is a convicted felon having several convictions in Jefferson County, Texas in 2011 and 2012.  As a convicted felon, Bell is prohibited from owning or possessing firearms or ammunition. 

If convicted, Bell faces up to 10 years in federal prison.

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Russell James.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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TEXARKANA, Texas – A 79-year-old Hooks, Texas, man has been sentenced to federal prison for firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Robert D. Whittington, III, pleaded guilty on Oct. 4, 2018, to being a felon in possession of a firearm and felon in possession of ammunition and was sentenced to 18 months in federal prison today by U.S. District Judge Robert W. Schroeder, III.           

          According to information presented in court, on Mar. 7, 2018, federal agents executed a search warrant at Whittington’s residence on Avenue D in Hooks, Texas.  During the search, officers discovered 119 firearms and over 19,000 rounds of ammunition.  Whittington was convicted of terrorizing on Jan. 3, 2011 in Bossier Parish, LA, and as a convicted felon is prohibited from owning or possessing firearms or ammunition.  Whittington was indicted by a federal grand jury in the Eastern District of Texas on May 16, 2018.  

            This case was prosecuted as part of the Project Safe Neighborhoods Initiative.  Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Bossier Parish Sheriff’s Office and prosecuted by Assistant U.S. Attorney Jim Noble.

 

TYLER, Texas – A 33-year-old Salvadoran citizen has been indicted for immigration violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Jose Eduardo Melara-Carcamo was named in an indictment returned by a federal grand jury on Apr. 17, 2019 charging him with illegal reentry of a deported alien.   

According to documents filed in court, on Mar. 20, 2019, Melara was arrested for public intoxication in Henderson County, Texas.  A deportation officer with the Mobile Criminal Alien Team (ICE/ERO/MCAT) interviewed Melara and determined that he was an alien from El Salvador and allegedly was unlawfully present in the United States. In 2018, the same deportation officer had processed Melara for removal.  A records check confirmed  that Melara had been previously removed to El Salvador in 2007, 2013, and 2018, and after each removal, reentered the United States without consent. 

If convicted, Melara faces up to 2 years in federal prison and deportation.

This case is being investigated by U.S. Immigrations and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) and the Athens Police Department and prosecuted by Assistant U.S. Attorney Allen Hurst.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.