Northern District of Texas

LUBBOCK, Texas — Ten defendants have been charged in a federal indictment with felony offenses stemming from their role in a cocaine and crack cocaine distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.

Most of the defendants, from the Lubbock, Texas, area were arrested last week in a joint operation led by the Texas Department of Public Safety, with assistance from the Drug Enforcement Administration, the U.S. Marshals Service, the Lubbock and Terry County Sheriff’s Offices, the Lubbock Police Department, and the Hockley, Lamb, and Lubbock County District Attorney’s Offices.  The U.S. Marshals Service arrested Tabatha Williams in Fort Myers, Florida.  Two defendants, Joshua Cubit and Mackie Washington, were in state custody on unrelated charges.  

Some detention hearings are set for Wednesday, October 7, 2015.  A November 2, 2015, trial date, before U.S. District Judge Sam R. Cummings, has been set.

The 24-count indictment, just unsealed, charges each of the following with one count of conspiracy to possess with intent to distribute controlled substances:

            Timothy Paul Adame, 28
            Jaime Lee Escalante, 33
            Jerry Don Watley, II, 37
            Joshua Deshawn Cubit, 27
            Freddrick Lamont Huey, 33
            Tyrone Bernard Williams, 32
            Dianne M. Winn, 40
            Mackie Lee Washington, Sr., 58
            Tabatha Roxana Williams, 44
            Juan Bernard Ledesma, 27

In addition, Adame is charged with one count of distribution and possession with intent to distribute 28 grams or more of cocaine base; one count of possession with intent to distribute 500 grams or more of cocaine; and one count of possessing a firearm in furtherance of a drug trafficking crime.

Watley is also charged with one count of distribution and possession with intent to distribute cocaine; nine counts of distribution and possession with intent to distribute cocaine base; one count of possession with intent to distribute 280 grams or more of cocaine base; and one count of possession with intent to distribute cocaine.

Huey is also charged with two counts of distribution and possession with intent to distribute cocaine base.

Tyrone Williams is also charged with one count of possession with intent to distribute cocaine.

Winn is also charged with one count of distribution and possession with intent to distribute cocaine and one count of possession with intent to distribute cocaine base.

Washington is also charged with one count of possession with intent to distribute cocaine base.

Tabatha Williams is also charged with three counts of distribution and possession with intent to distribute cocaine base and one count of possession with intent to distribute cocaine base.

A federal indictment is an accusation by a grand jury.  A defendant is entitled to the presumption of innocence unless proven guilty.  If convicted, however, the conspiracy count carries a maximum statutory penalty of 20 years in federal prison and a $1 million fine.  The other drug counts carry a maximum statutory penalty ranging from 20 years to life imprisonment.  The firearm count carries a statutory penalty of not less than five years or more than life in federal prison and a $250,000 fine.

Assistant U.S. Attorney Jeffrey Haag is in charge of the prosecution.

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LUBBOCK, Texas — Michael Dennis Powers, 47, of Lubbock, Texas, was sentenced this morning by U.S. District Judge Sam R. Cummings to 121 months in federal prison, following his guilty plea June 2015 to one count of possession of prepubescent child pornography, announced U.S. Attorney John Parker of the Northern District of Texas. 

Judge Cummings remanded Powers, who had been on bond, into custody.

According to documents filed in the case, Powers admitted using a computer at his residence to, among other things, search the Internet for child pornography.  In the course of searching for this material, Powers located, downloaded, and viewed numerous files containing child pornography. Powers knew that some of those files were produced using prepubescent minors engaging in sexually explicit conduct.  On April 9, 2015, Powers was in possession of three computer disks containing the child pornography.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

The FBI and the Lubbock Police Department investigated.  Assistant U.S. Attorney Steven M. Sucsy prosecuted.

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DALLAS —The Department of Justice and the Environmental Protection Agency (EPA) have announced a settlement with Guardian Industries Corp. that will resolve alleged violations of the Clean Air Act at Guardian’s flat glass manufacturing facilities throughout the U.S.  One of those facilities is located in Corsicana, Texas, noted U.S. Attorney John Parker of the Northern District of Texas.

Under the proposed settlement, Guardian will invest more than $70 million to control emissions of nitrogen oxide (NOX), sulfur dioxide (SO2), particulate matter (PM) and sulfuric acid mist (H2SO4) from all of its flat glass manufacturing facilities.  Guardian will also fund an environmental mitigation project valued at $150,000 to reduce particulate matter pollution in the San Joaquin Valley in California and pay a civil penalty of $312,000.

Guardian has operated its flat glass manufacturing facility in Corsicana since 1980.  The EPA alleged that major facility modifications undertaken by the company beginning in 1993 led to a production increase at the Corsicana facility, and consequently, significant net emissions increases of air pollutants that occurred without Guardian obtaining the required Clean Air Act permits and without complying with the Act’s requirements regarding the installation of pollution control technology, emission limits, monitoring, record-keeping, and reporting.

“We commend Guardian Industries for its commitment to reduce emissions of harmful air pollutants from its Corsicana facility and others it operates in the United States,” said U.S. Attorney Parker.  “By requiring phased-in pollution control and emissions monitoring equipment at Guardian’s Corsicana facility, this agreement appropriately balances the promotion of manufacturing and the protection of clean air for all Texas residents.” 

“This settlement is a great example of a cooperative, company-wide effort to reduce air pollution and will mean cleaner air for communities across the country, where glass manufacturing is currently a significant source of the air pollutants that cause serious lung and heart problems,” said Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “We are also particularly grateful to the states of Iowa and New York, as well as the San Joaquin Valley Air Pollution Control District, all of whom were active partners in achieving this important outcome for the American people.” 

“Air pollution from flat glass facilities can impact communities hundreds of miles away, which is why today’s announcement is so crucial to address pollution at the source and protect public health,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “By investing in pollution control equipment and funding a mitigation project that will protect the health of low-income residents, Guardian is setting an example for the flat glass industry for how to control harmful air emissions at its facilities.”

The settlement resolves allegations that Guardian violated the Clean Air Act and state air pollution control plans when it made major modifications to its flat glass furnaces that significantly increased harmful air emissions.  This settlement is part of EPA’s ongoing National Enforcement Initiative addressing Clean Air Act New Source Review and Prevention of Significant Deterioration program violations and is the agency’s first settlement involving the flat glass manufacturing sector. Flat glass, also known as float glass, is used as windows for office buildings and homes as well as for automobile windshields.

The $150,000 mitigation project with the San Joaquin Air Pollution Control District will provide incentives to low-income residents living in the San Joaquin Valley to replace or retrofit inefficient, higher-polluting wood-burning appliances with cleaner-burning, more energy-efficient appliances.  The San Joaquin Valley is an area with poor air quality.

EPA expects that the pollution controls required by the settlement will reduce harmful emissions by 7,300 tons per year, including approximately 6,400 tons per year of NOx, 550 tons per year of SO2, 200 tons per year of PM and 140 tons of H2SO4.  The mitigation project in California will yield additional reductions of PM.  These emissions reductions will result in significant human health and environmental benefits for communities.  In addition to the Corsicana plant, Guardian’s flat glass manufacturing facilities are also located in Kingsburg, California, DeWitt, Iowa, Carleton, Michigan, Geneva, New York, Floreffe, Pennsylvania, and Richburg, South Carolina.

SO2 and NOX have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze.  Once airborne, these pollutants can also convert into particulate matter.  PM, especially the fine particles, can travel deep into a person’s lungs causing severe respiratory impacts, such as coughing, decreased lung function, and chronic bronchitis.  Fine PM is also associated with cardiovascular impacts and even premature death.   H2SO4 irritates the skin, eyes, nose and throat and lungs, and exposure to high concentrations can lead to more severe health impacts.

The states of Iowa and New York actively participated in the settlement and will each receive $78,000 of the total penalty.  The United States will receive $156,000.  The San Joaquin Valley Air Pollution Control District also actively participated in the settlement.

The proposed consent decree was lodged Tuesday in U.S. District Court for the Eastern District of Michigan and is subject to a 30-day public comment period and final court approval.

For more information on the settlement and to read the proposed settlement, visit http://www2.epa.gov/enforcement/guardian-industries-corp-clean-air-act-settlement.

For more information on the settlement or to read a copy of the consent decree, visit
­­­­­­­­http://www.justice.gov/enrd/consent-decrees.

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DALLAS — Four members of an Arlington, Texas, family were arrested earlier this week on charges outlined in a federal criminal complaint, unsealed late yesterday, stemming from their alleged conspiracy to defraud the Social Security Administration (SSA) by feigning mental illnesses to fraudulently collect Social Security benefits, announced U.S. Attorney John Parker of the Northern District of Texas.

Charged in the criminal complaint are Doreen Mitchell, 53, and her two sons, Michael Mitchell, 29, and Sonny Mitchell, 27, and her cousin, John Mitchell, a/k/a “Patrick Rena,” 58.  Each defendant made an initial appearance in federal court before U.S. Magistrate Judge Paul Stickney, who ordered that all four remain in custody pending detention hearings set for tomorrow, Friday, October 2, 2015, and Monday, October 5, 2015.

According to the complaint, beginning in 1978 and continuing through the present, Doreen Mitchell, John Mitchell, Michael Mitchel and Sonny Mitchell conspired together to conceal, or fail to disclose, the true activity level and medical condition of Doreen Mitchell, Michael Mitchell and Sonny Mitchell, which would have affected each person’s continued entitlement to Supplemental Security Income (SSI) payments.  This was done to secure benefits in a greater amount or quantity than was due or when no such benefit was authorized.

The SSA’s ability to determine an applicant’s medical and financial eligibility for the SSI program is directly dependent upon the SSA’s access to accurate and current information regarding that applicant.  If an applicant is initially found to be eligible, and therefore becomes an SSI recipient, the SSA’s ability to determine that recipient’s continuing eligibility, and the correct monthly benefit due that recipient, is directly dependent upon the SSA’s ongoing access to accurate and current information regarding that recipient.  The SSA requires disabled SSI recipients to advise the SSA of any improvements in their medical condition, their return to work of any kind, and any changes in their income, resources, address, living arrangements, family size or composition, or family income or resources.

Over the 37-year period beginning in 1978 and continuing to the present, SSA paid and continues to pay SSI benefits each month to Doreen Mitchell, Michael Mitchell and Sonny Mitchell.  As of August 31, 2015, the SSA has paid approximately $461,913 in benefits based on the representation that these three individuals were disabled.

A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge.  The government has 30 day to present the matter to a federal grand jury for indictment.  A defendant is entitled to the presumption of innocence until proven guilty.  The maximum statutory penalty for this offense as charged is five years in federal prison and a $250,000 fine. 

The SSA’s Office of the Inspector General/Cooperative Disability Investigations Unit is investigating.   Special Assistant U.S. Attorney Nicole Dana is in charge of the prosecution.

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AMARILLO, Texas — Dorothy Stegall Barnes, a/k/a “Dorothy Stegall Newman,” 56, appeared in federal court today and pleaded guilty to one count of embezzlement from a federally insured credit union, announced John Parker, United States Attorney for the Northern District of Texas.

Barnes, faces a maximum statutory penalty of 30 years in federal prison, a $1 million fine and a 5 years of supervised release.  U.S. Magistrate District Judge Clinton Averitte ordered a presentence investigation report with a sentencing date of December 8, 2015. 

The indictment alleges that from approximately September 1996 through December 2010, Barnes, the Assistant Vice-President of Teller Operations at the Pantex Federal Credit Union, embezzled approximately $826,000 from the credit union.

The FBI and Borger Police Department investigated.  Assistant U.S. Attorney Tim Hammer is prosecuting.

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DALLAS — Following a week-long trial before U.S. District Judge Jane J. Boyle, a federal jury has convicted a Spring, Texas, man, who worked as an Information Technology (IT) engineer for a Dallas-headquartered law firm, on felony offenses stemming from his unauthorized access to the firm’s computer network, announced U.S. Attorney John Parker of the Northern District of Texas.

Anastasio N. Laoutaris, 40, was convicted on two counts of knowingly accessing a computer network without authorization and intentionally issuing commands and codes that caused damage to the network.  After the verdict, Judge Boyle remanded him into the custody of the U.S. Marshal.

Laoutaris faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine on each count.  A sentencing date was not set.

The government presented evidence at trial that Laoutaris, who was an IT engineer for Locke Lord LLP from 2006 to August 2011, accessed the firm’s computer network without authorization on December 1, 2011, and December 5, 2011, and on both occasions, issued instructions and commands that caused significant damage to the network, including deleting or disabling hundreds of user accounts, desktop and laptop accounts, and user e-mail accounts

The law firm, Locke Lord LLP, has offices throughout the U.S. and the world; its headquarters is located in Dallas.

The case was investigated by the U.S. Secret Service.  Assistant U.S. Attorneys Paul Yanowitch and Nick Bunch are prosecuting.

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DALLAS — A local man who admitted failing to pay over payroll taxes for tax years 2008 through 2012 was sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.

Luis Morales was sentenced by U.S. District Judge Terry R. Means to 24 months in federal prison and order to pay approximately $209,000 in restitution. Morales pleaded guilty in January 2015 to an information charging one count of failure to pay over payroll taxes.  

According to the factual resume filed in the case, in June 2008, Morales formed A Staffing Solution, LLC and was listed as the organizer, registered agent and sole manager with the State of Texas. A Staffing was a temporary employment agency in the Dallas/Fort Worth area, and was operated by Morales until the end of January 2010. In January 2010, Morales formed Morales Employment Services (“MES”). MES operated with the same employees and clients that had previously been with A Staffing.

In March 2010, according to the factual resume, Morales, with the assistance of Manuel Chavez, formed MES & Company (“MES & Co.”). MES & Co. operated with the same employees and clients that had previously been with A Staffing and later MES. Chavez pleaded guilty to a separate information in February 2015 and was previously sentenced to serve 36 months probation and pay $142,320.71 in restitution.

Morales admitted that for tax years 2008 through 2012, according to the factual resume, he deducted and collected from the total taxable wages of his employees federal income, social security and Medicare taxes. Morales further admitted that he willfully failed to truthfully account for and pay over to the Internal Revenue Service all of the federal income, social security and Medicare taxes withheld. Morales used the retained withheld taxes for personal use.

The investigation was conducted by IRS Criminal Investigation. 

Assistant U.S. Attorney Brian Poe prosecuted.

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DALLAS — A Dallas woman who was convicted at trial earlier this year on felony offenses stemming from the filing of false bankruptcy documents, was sentenced yesterday, announced U.S. Attorney John Parker of the Northern District of Texas. 

Julie Grant, a/k/a Juliana Jacobs Grant, Juliana Okwue Jacobs Grant, and Juliana Okwuenu, 50, was sentenced to serve 15 months in federal prison by U.S. District Judge Sam A. Lindsay.  She must surrender to the Bureau of Prisons on December 1, 2015.

Grant, using two different Social Security Numbers, filed voluntary bankruptcy petitions on October 3, 2008, March 2, 2009, July 6, 2009, December 16, 2009, and August 9, 2011.  In some of the petitions, Grant was represented by counsel, and in some, she acted pro se (without counsel.)

In the August 9, 2011, petition, Grant fraudulently concealed two bankruptcy cases she filed in the Northern District of Texas in October 2008 and March 2009.  Grant also falsely stated in the December 16, 2009, petition and the August 9, 2011, petition, that she had only used one Social Security Number, when, in fact, she had used at least one other Social Security Number in other bankruptcy petitions that she knew she was obligated to disclose.

This case is one of several felony prosecutions of bankruptcy-related crimes generated by the Bankruptcy Fraud Initiative within the Northern District of Texas.  As another example, in late January 2015, a Waxahachie, Texas, man, James Derek Howard, was sentenced to one year and one day in federal prison and was ordered to pay restitution after he pleaded guilty to a bankruptcy fraud offense.

Since May 2013, 13 debtors have been charged with various bankruptcy-related criminal offenses.  To date, seven of these defendants have been sentenced, one defendant is pending sentencing, three defendants have filed documents in U.S. District Court indicating they intend to plead guilty, and two defendants are awaiting trial.

The Office of the Inspector General, Social Security Administration investigated.  Assistant U.S. Attorney David Jarvis prosecuted.

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AMARILLO, Texas — A licensed psychiatrist from San Angelo, Texas, Robert Hadley Gross, 58, pleaded guilty last week to one count of health care fraud stemming from a scheme he ran to defraud Medicare and Medicaid by submitting claims for services not rendered in the manner billed, including submitting claims for services allegedly rendered after patients’ deaths.  The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.

Gross faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine.  In addition, according to the plea agreement filed in the case, he agrees to pay $1,832,869 in restitution to the U.S., representing all overpayments made to Gross from health care providers during the scheme.  Gross has been in federal custody since his arrest in mid-October 2014 on related charges outlined in a federal indictment.

According to documents filed in the case, beginning in January 2009 and continuing until approximately June 20, 2014, Gross filed, and caused to be filed, claims against Medicare, Medicaid, and other health insurance carriers, for payment for services that were never rendered and services that were billed using inappropriate CPT codes.

Gross regularly submitted claims for services rendered to nursing home residents in and around San Angelo and he also regularly submitted claims for services provided to clients of mental health and mental retardation (MHMR) organizations in San Angelo, Midland, and Abilene, Texas, in addition to claims for services provided to foster care children in Brownwood, Texas.

As part of his scheme, Gross filed claims against Medicare, Medicaid, and other health insurance carriers for services for nursing home patients on dates he did not actually render services to patients.  In those instances, the patients may have died or been discharged before Gross allegedly visited them in the nursing home.

The Federal Bureau of Investigation, Health and Human Services Office of Inspector General, and Medicaid Fraud Control Unit, Office of the Texas Attorney General are investigating.  Assistant U.S. Attorney Ann Cruce-Haag and Deputy Criminal Chief Assistant U.S. Attorney Denise Williams are prosecuting.  Assistant U.S. Attorney Megan Fahey is handling the forfeiture. 

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AMARILLO, Texas — Richard Madrigal, 42, and Damian Erik Alcala, 37, both of Amarillo, Texas, appeared this morning in federal court before U.S. District Judge Mary Lou Robinson and each pleaded guilty to one count of conspiracy to possess with intent to distribute and distribute 500 grams or more of methamphetamine, announced U.S. Attorney John Parker of the Northern District of Texas.

Each has been in federal custody since his arrest this summer on a related federal criminal complaint.  Each faces a statutory penalty of not less than 10 years and up to life in federal prison and a $10 million fine.  A sentencing date was not set.

According to documents filed in the case, law enforcement learned that a green Chevy Blazer, with Chihuahua registration, was to arrive in Amarillo from El Paso, Texas, and that the vehicle was transporting a methamphetamine solution concealed in its fuel tank.  On July 17, 2015, law enforcement observed Alcala, driving a white Toyota Camry, and Madrigal, driving a green Chevy Blazer, arrive at a residence on Houston Street in Amarillo.  Shortly thereafter, both left the residence in the white Camry.  Several minutes later, they returned to the residence and Madrigal left in the white Camry.  When officers with the Amarillo Police Department arrived to secure the residence, Alcala fled on foot.  Officers with the Amarillo Police Department apprehended Madrigal and brought him back to the residence.

During the subsequent execution of a search warrant at the residence, law enforcement found three Tupperware containers containing crystal methamphetamine in the kitchen.  Two semi-automatic pistols were also found in the residence.

When law enforcement searched the green Chevy Blazer that was parked in the garage, they removed its fuel tank and extracted approximately 84 pounds of liquid methamphetamine from the fuel tank.

The Drug Enforcement Administration, the Amarillo Police Department, the Federal Bureau of Investigation and the Texas Department of Public Safety are investigating.  Assistant U.S. Attorney Joshua Frausto is in charge of the prosecution.

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DALLAS — Christian C. Winchel, 49, of Rockwall, Texas, appeared today before U.S. District Judge Sidney A. Fitzwater and pleaded guilty to multiple child pornography offenses involving prepubescent child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.  

Specifically, Winchel pleaded guilty to one count of production of child pornography; one count of transporting and shipping child pornography; and one count of possession of prepubescent child pornography.  He faces a maximum statutory penalty of 70 years in federal prison and a $750,000 fine.  Winchel has been in custody since his arrest on a related federal criminal complaint in early February 2015.  Sentencing is set for January 15, 2016, before Judge Fitzwater.

Winchell admitted he has downloaded child pornography since approximately 1994.  He thought he would be able to trade child pornography with others if he produced his own material.  He had access to an 18-month-old child, and took sexually explicit photos of himself with the child.  He also admitted using a spy cam to capture minor girls using the bathroom when they were in his home and a nanny cam to capture minor girls in various stages of undress in his home. 

Winchell moved to Rockwall from Indiana in 2013, transporting the videos he had recorded of minor girls from Indiana to Texas.  He admitted that when children visited for sleepovers at his home in Rockwall, he filmed himself engaging in sexually explicit activity while in proximity of the minor children who were asleep.

Law enforcement executed a search warrant at his home in February 2015 and seized several media items.  The investigation revealed that as of August 20, 2015, there were 2700 images and videos of child pornography contained on the media examined.  Through this forensic analysis, law enforcement has determined that some of the images and a video, involving an eight-year-old minor victim, were produced just over one year ago, in late July 2014.  Law enforcement has found evidence that Winchel produced child pornography and images and videos of five minor victims.

Anyone who knows of someone who may have been victimized in this case is asked to contact the FBI at 972-559-5000.

The FBI’s Dallas Child Exploitation Task Force is conducting the investigation.  Assistant U.S. Attorney Camille Sparks is in charge of the prosecution.

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DALLAS — A Nigerian citizen in the U.S. on a student visa has been charged in a federal indictment, returned late today, with one count of conspiracy to commit wire fraud stemming from his role in what has become known as a “Business Email Compromise” scheme, announced U.S. Attorney John Parker of the Northern District of Texas.

Amechi Colvis Amuegbunam, 28, of Lagos, Nigeria, was arrested late last month on a related federal criminal complaint, filed earlier this year in the Northern District of Texas, when he entered the U.S. in Baltimore, Maryland.  He made his initial appearance before a U.S. Magistrate Judge in federal court in the District of Maryland on August 25, 2015, and was detained.  It is expected that he will make an appearance in federal court in Dallas this week.

The indictment alleges that from November 2013 through August 2015, Amuegbunam and other individuals, sent, and caused to be sent, fraudulent emails to companies in the Northern District of Texas and elsewhere, containing material misrepresentations that caused the companies to wire transfer funds as instructed on a pdf document that was attached to the email.  According to the complaint, Amuegbunam is responsible for more than a $1.3 million attempted loss, and a $615,550 actual loss, to U.S. companies, including Wells Fargo and JP Morgan Chase.

The FBI, according to the complaint, is investigating an extensive money laundering and wire fraud scheme primarily operated by individuals in Nigeria, and assisted by individuals in the U.S., who are exploiting open source information and using social engineering techniques to steal millions of dollars from U.S. corporations and individuals.  The scheme has become so common that the term, “Business Email Compromise” scheme, was coined, and on August 25, 2015, the FBI issued a Public Service Announcement regarding the scheme.

The investigation of this particular BEC scheme began when two companies in the Dallas/Fort Worth area reported to the FBI Dallas office that they had received targeted spear phishing emails.  These emails appeared to be a forwarded message, allegedly from a top executive at the company, sent to an employee in the company’s accounting department who had authority to make financial transfers for the company.  Although the emails appeared to be coming from a company executive, the messages were actually coming from a false email account fraudulently created to look like a legitimate company email account.  A fraudulent domain name was used that contained one small difference from the true company’s email address – such as transposed letters.  After complying with the spear phishing email instructions to transfer funds, the companies became victims of the BEC scheme, each losing approximately $100,000.  The investigation traced the creation of some of the pdfs to Amuegbunam.

The FBI’s Internet Crime Complaint Center (IC3) has been tracking this scheme and to date, perpetrators of the scheme have victimized more than 7000 businesses based in the U.S. and more than 1000 foreign-based businesses.  The total loss to the U.S. victims is approximately $747 million.

Additional information about the BEC scheme may be found in a Fraud Alert issued by the Financial Services Information Sharing and Analysis Center (FS-ISAC), the FBI, and the U.S. Secret Service.   The FBI urges any business who believes it was victimized by the BEC scheme to contact them at 972-559-5000.

An indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty.  If convicted, however, the conspiracy to commit wire fraud offense carries a maximum statutory penalty of 30 years in federal prison and a $1 million fine.  Restitution may be ordered.

The FBI is conducting the ongoing investigation and Assistant U.S. Attorney C.S. Heath is in charge of the prosecution.

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DALLAS —A federal grand jury has indicted Orlando Jose Chapa, 37, of Dallas on one count of aiming a laser pointer at an aircraft, announced U.S. Attorney John Parker of the Northern District of Texas.

Special agents with the FBI arrested Chapa yesterday.  He made his initial appearance in federal court this afternoon before U.S. Magistrate Judge Paul D. Stickney, who released him on bond.

According to the indictment, on or about May 30, 2015, in the Dallas Division of the Northern District of Texas, Chapa knowingly aimed the beam of a laser pointer at a Texas Department of Public Safety (DPS) helicopter and at the flight path of that aircraft.

A federal indictment is an accusation by a grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty.  If convicted, however, the maximum statutory penalty for this offense is five years in federal prison and a $250,000 fine.

The FBI, Texas DPS and the Dallas Police Department are investigating.  Special Assistant U.S. Attorney Lara Burns is prosecuting.

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DALLAS — A federal grand jury in Dallas returned an indictment late yesterday charging Dallas attorney Tshombe Anderson and four family members with one count of conspiracy to commit mail fraud stemming from a scheme they ran from July 2011 to September 2015 to fraudulently obtain more than $22 million from the Department of Labor (DOL) Office of Worker’s Compensation Program (OWCP), announced U.S. Attorney John Parker of the Northern District of Texas.

Tshombe Anderson, 52, and his sister Lydia Bankhead, 61, have been in custody since their arrest in late August 2015, on a related federal criminal complaint.

In addition to Tshombe Anderson, this indictment charges his wife Brenda Anderson, 45, his sister-in-law Janet Anderson, 41, and his niece Lydia Taylor, 28, with one count of conspiracy to commit mail fraud.  It is expected that all five defendants will make their initial appearance in federal court in Dallas in the coming weeks.

Tshombe Anderson worked as an attorney with a law office located in Dallas.  He formed a Durable Medical Equipment (DME) company in 2010 called Best First Administration DME of Austin, LLC (BFA), which listed him as one of the company’s managers.  Then, in 2013, he formed two more DME companies, Union Medical Supplies & Equipment, LLC (UMSE) and Sky Care Medical Supplies & Equipment, LLC (SMSE).

Brenda Anderson managed BFA, and in 2010, she enrolled BFA as a provider with OWCP through Affiliated Computer Services.  In February 2010, Brenda Anderson, through BFA, acted as the in-house DME provider for Union Treatment Center (Union).  Both Tshombe and Brenda Anderson were fired from Union in May 2011.

Bankhead was a UMSE manager and enrolled the company as a provider with OWCP through Affiliated Computer Services.

Janet Anderson was a manager of SMSE and enrolled the company as a provider with OWCP through Affiliated Computer Services.

Lydia Taylor, at Tshombe Anderson’s suggestion, sought out and obtained a position as a volunteer intern in OWCP’s Dallas office.  After obtaining this position and gaining access to OWCP’s system, Taylor would look up claim numbers and provide information to her co-conspirators.

The indictment alleges that the purpose of the conspiracy was for the five defendants, through BFA, UMSE, and SMSE, to unlawfully enrich themselves by submitting, and causing the submission of, payment of fraudulent claims to OWCP that (a) falsely represented that the DME was requested; (b) falsely represented that the DME was necessary; and (c) falsely represented that the DME had to be provided.  They obtained more than $22 million through this scheme.

From July 2011 through September 21, 2015, more than 250 patient claim numbers have been used by at least one of the companies formed and managed by the defendants to bill OWCP.  During this time, BFA, UMSE, and SMSE collectively billed OWCP more than 50,000 times and were paid more than $22 million because of the defendants falsely representing that the DME billed for was requested, necessary and provided.    

A federal indictment is an accusation by a grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty.  If convicted, however, the maximum statutory penalty for conspiracy to commit mail fraud is 20 years in federal prison and a $250,000 fine.

The indictment also includes a forfeiture allegation that, upon conviction, would require the defendants to forfeit a money judgment in the amount of $32 million, representing the approximate amount of proceeds derived from the scheme to defraud, for which the defendants are jointly and severally responsible.  In addition, the following property that was seized by federal agents on August 26, 2015, will be forfeited:  $375,000 in cash seized from Tshombe and Brenda Anderson’s residence; $295,860 in cash seized from Lydia Bankhead’s residence; three vehicles including a 2014 Jeep, a 2014 Lexus, and a 2015 Mercedes; and a total of $8,383,075.00 seized from 25 bank accounts.

The DOL Office of Inspector General and the U.S. Postal Service Office of Inspector General are investigating.  Assistant U.S. Attorney Aaron Wiley, Special Assistant U.S. Attorney Danial Gividen and Assistant U.S. Attorney Lea Carlisle are in charge of the prosecution.

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DALLAS — A Janesville, Wisconsin woman, Jennifer Lynn Dougherty, remains in federal custody on a federal criminal complaint alleging she transported a minor child from Texas to Wisconsin to engage in sexual activity, announced U.S. Attorney John Parker of the Northern District of Texas.

A detention hearing is scheduled for Wednesday, September 23, at 2:00 p.m. before U.S. Magistrate Judge Paul D. Stickney.

According to the affidavit filed with the criminal complaint, after being notified early last week of a missing minor child by the child’s parents, the Garland Police Department contacted the National Crime Information Center (NCIC) and entered the victim into the database as a missing juvenile.  A review of the minor child’s X-Box 360 gaming system by detectives with the Garland Police Department revealed recent chat communications, sexual in nature, with a particular user, later identified as Dougherty. 

On Wednesday, September 16, 2015, officers with the Dallas Police Department assigned to the Dallas Love Field airport, contacted NCIC advising they had located an individual matching the child’s description, in the company of an adult female, at the airport.  Upon receipt of this information, officers with the Garland Police Department went to the Dallas Love Field airport and retrieved the missing child and adult female. 

The investigation revealed Dougherty and the minor child met while playing online games.  On September 12, 2015, Dougherty allegedly traveled from Wisconsin to Texas, picked up the minor child, and transported the child to Wisconsin, where she sexually assaulted the child. 

A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge.  A defendant is entitled to the presumption of innocence until proven guilty.  The maximum statutory penalty for the offense as charged is not less than 10 years or up to life in federal prison, a $250,000 fine and a lifetime of supervised release.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

The FBI and the Garland Police Department are investigating.  Assistant U.S. Attorney Camille Sparks is in charge of the prosecution.

# # #

DALLAS — A Dallas man has been charged in a federal criminal complaint with committing the September 3, 2015, robbery of a First Convenience Bank in Dallas, announced U.S. Attorney John Parker of the Northern District of Texas.

Following a detention hearing on Friday, September 18, 2015, U.S. Magistrate Judge David L. Horan ordered that Joshua Sefnathn Chavez, 23, remain in federal custody on the charge.

According to the complaint, the First Convenience Bank, located inside the Kroger store at 752 Wynnewood Shopping Center in Dallas, was robbed by a male suspect, later identified as Chavez.  Chavez approached a teller’s counter and handed the teller a dark-colored bank bag, a folded piece of paper and a withdrawal slip.  The teller opened the piece of paper that read, “This is a robbery no one gets hurt! Put all lose bills in bag! No trackers no dye packs. Gun in waist!”

In fear for her life, the teller removed cash from her cash drawer, placed it in the bag and handed the bag to Chavez, who then left the bank.

After further investigation, detectives with the Dallas Police Department (DPD) determined that the suspect in the First Convenience Bank robbery matched the description of an individual who robbed a Chase Bank in Dallas two days earlier.  The DPD issued a press release to the local media and to social media asking for the public’s help in identifying the individual who robbed these banks.  Crime Stoppers received a tip that identified the suspect as Chavez.   

A federal complaint is a written statement of the essential facts of the offenses charged, and must be made under oath before a magistrate judge.  A defendant is entitled to the presumption of innocence until proven guilty.  If convicted of this bank robbery, however, Chavez faces a maximum statutory penalty of 20 years in federal prison and a $250,000 fine.  The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment.

The FBI and the DPD are investigating.  Assistant U.S. Attorney Keith Robinson is in charge of the prosecution.

# # #

AMARILLO, Texas — An Amarillo, Texas, man, William Eugene Boyd, 51, who pleaded guilty in July 2015 to one count of bank robbery, was sentenced this afternoon by U.S. District Judge Mary Lou Robinson, announced U.S. Attorney John Parker of the Northern District of Texas.

Boyd was sentenced to 188 months in federal prison for the bank robbery.  In addition, Judge Robinson sentenced him to an additional 24 months in federal prison, to run consecutively, for committing this bank robbery while on supervised release on another bank robbery conviction in the Amarillo Division of the Northern District of Texas.

According to documents filed in the case, on March 13, 2015, a robber, later identified as Boyd, approached a teller at the ANB located at 2401 S. Coulter, in Amarillo, and told her, “This is a robbery.”  He instructed her to give him all the money, nothing marked, and not make a sound.  He told her that if she handed over all her money she would not get hurt, and he kept his left hand by his waistband, making her fearful he had a weapon.  The teller complied with his instructions and Boyd left the bank with the cash. 

After providing surveillance photographs to the media that were broadcast to the public, Amarillo Police Department investigators received several tips from Boyd’s friends/family members identifying him as the robber.  Investigators located a hat matching the color and style of the one Boyd wore during the robbery in a vehicle registered to Boyd’s mother, and bank employees later identified him in a photo line-up.

The Federal Bureau of Investigation and the Amarillo Police Department investigated. 

Assistant U.S. Attorney Joshua Frausto prosecuted.

# # #

DALLAS — Eight North Texas residents who were convicted for their respective roles in a methamphetamine distribution conspiracy that operated in North Texas and elsewhere have been sentenced to lengthy federal prison terms, announced U.S. Attorney John Parker of the Northern District of Texas.

Today, Irineo Ramos, 32, was sentenced by U.S. District Judge Sidney A. Fitzwater to 210 months in federal prison.  He pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine.  Four co-defendants also pleaded guilty to that offense and were sentenced earlier as follows:

            Juan Carlos Cruz, a/k/a Cruzito, 28, 120 months in federal prison

            Carlos Wences Castaneda, a/k/a Chaco, 38, 235 months in federal prison

            Pablo Ramirez Gallegos, a/k/a Primo, 28, 44 months in federal prison

            Ismael Perez, a/k/a Gordo, 26, 41 months in federal prison

Bernardo Rodriguez Martinez, a/k/a Pamo, 27, and Martin Rodriguez Martinez, a/k/a Chivo,  34, each pleaded guilty to conspiracy to possess with the intent to distribute methamphetamine and conspiracy to commit money laundering.  Each was sentenced to 240 months in federal prison.

Monica Lemus, 32, was sentenced to 27 months in federal prison for conspiracy to commit money laundering.

The Organized Crime Drug Enforcement Task Force (OCDETF) investigation involved multiple undercover methamphetamine purchases and the seizure of approximately $77,000 in U.S. currency, 18 firearms, 12 kilograms of Ice, 1.5 gallon liquid Ice, 537.7 grams of heroin and three conversion labs.

Bernardo Rodriguez Martinez and Martin Rodriguez Martinez used individuals to deposit money from the methamphetamine sales into various bank accounts in the U.S.   In fact, from May 3, 2013, to September 9, 2013, approximately $296,321 in drug proceeds was deposited into various accounts in the Dallas area.  Some of the money was sent to Mexico, via wire transfers and couriers, to ensure the supply of methamphetamine continued. 

The FBI, IRS Criminal Investigation, Dallas Police Department, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the Drug Enforcement Administration investigated.  Assistant U.S. Attorney George Leal prosecuted.   

# # #

AMARILLO, Texas — An Amarillo man, Deswan Newsome, 19, who pleaded guilty in July 2015 to an indictment charging one count of attempted sex trafficking of a child was sentenced today by U.S. District Judge Mary Lou Robinson to 135 months in federal prison.  U.S. Attorney John Parker of the Northern District of Texas made the announcement today.

According to plea documents filed in the case, Newsome admitted that from approximately March 30, 2015 to April 3, 2015, he attempted to recruit a 15-year-old girl to engage in commercial sex acts. 

The investigation began when a Task Force Officer (TFO) with U.S .Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) learned that a particular individual was using Facebook to recruit and entice teenage females for prostitution.  In March 2015, the TFO set up an undercover Facebook account representing himself as a 15-year-old female, “A.M.,” and the two exchanged messages about A.M. working as a prostitute, with the individual claiming, “You can make 2500 in a week if you really put the work into it.”  The individual sent A.M. his phone number and the two discussed a meeting, however the conversation ended without any arrangements being made.

On April 1, 2015, the TFO (A.M.) received a private message on his undercover Facebook account from “Deswan Newsome,” later identified as defendant Newsome.  Newsome and A.M. exchanged messages about A.M. engaging in prostitution, and A.M. advised Newsome that she was 15-years-old.

On April 2, 2015, an Amarillo Police Department officer, posing as A.M., made a phone call to Newsome, who answered, but then turned the call over to a female who provided more details about prostitution to A.M.  A.M. advised this female that she was 15-years-old.

On April 3, 2015, A.M. and Newsome exchanged messages and arranged to meet at a convenience store in Amarillo so A.M. could engage in prostitution.  When Newsome arrived at the location, he was identified and taken into custody.  Newsome admitted talking to A.M. on Facebook and said that he was going to have someone else teach her how to perform sex acts, and that he’d get 60 percent of the money she made for performing the commercial sex acts.

The Amarillo Police Department and HSI investigated.  Assistant U.S. Attorneys Timothy Hammer and Joshua Frausto prosecuted.

# # #

DALLAS — Following a four-day trial before U.S. District Judge Jane J. Boyle, late this afternoon a federal jury convicted Aryan Brotherhood of Texas member Casey Rose, 36, of Mesquite, Texas, on conspiracy, drug trafficking and firearm charges, announced U.S. Attorney John Parker of the Northern District of Texas.

Specifically, the jury convicted Rose on one count of conspiracy to possess with intent to distribute methamphetamine, one count of possession of methamphetamine with the intent to distribute and one count of being a felon in possession of a firearm.  The conspiracy count carries a maximum statutory penalty of life in federal prison; the substantive possession count carries a maximum statutory penalty of 20 years in federal prison; and the felon in possession count carries a maximum statutory penalty of 10 years in federal prison.  Sentencing has not yet been set.

Rose has been in custody since his arrest in mid-November 2014 following a law enforcement operation led by the Texas Department of Public Safety Criminal Investigations Division (DPS-CID).  During that operation, 37 individuals were arrested and charged with similar federal offenses, stemming from their respective roles in a drug distribution conspiracy that operated in North Texas and elsewhere from January 2013 to October 2014.  Of those arrested, each defendant has pled guilty except Rose, who elected to go to trial.  One defendant remains a fugitive.

Rose was a member of the Aryan Brotherhood of Texas (ABT).  Many of the defendants were members of, or associated with white supremacist organizations, such as the ABT, the “Aryan Circle,” the “Irish Mob,” and the “Dirty White Boys.”  Despite their differences, they would often collaborate for purposes of drug distribution or other illegal ventures.

The government presented evidence at trial that Rose purchased and distributed methamphetamine throughout the Dallas metroplex and used violence in obtaining large quantities of methamphetamine.  The trial also included expert testimony regarding the formation, history, and mission of the ABT.  

The DPS-CID Gang Unit and the Dallas Police Department Criminal Intelligence Unit led the investigation.  Officers and agents from the Garland Police Department Neighborhood Police Officer Unit, the Mesquite and Rockwall Police Departments and U.S. Immigrations and Customs Enforcement Homeland Security Investigations also provided assistance in the investigation.

Assistant U.S. Attorney P. J. Meitl is prosecuting.

# # #

DALLAS — Sandy Jenkins, a former executive at the Collin Street Bakery (“the Bakery”) in Corsicana, Texas, and his wife, Kay Jenkins, were sentenced today on felony convictions stemming from Sandy Jenkins’s embezzlement of approximately $16 million from the Bakery, announced U.S. Attorney John Parker of the Northern District of Texas.

Sandy Jenkins was sentenced by U.S. District Judge Ed Kinkeade to serve a total of 120 months in federal prison.  Judge Kinkeade sentenced Kay Jenkins to five years’ probation.  Kay Jenkins was further ordered to complete 100 hours of community service and to submit a formal apology in writing to the Bakery.

Sandy Jenkins, 66, served as the Corporate Controller for the Bakery from February 1998 to June 21, 2013.  After the Bakery discovered the fraud, he was terminated on June 21, 2013.  He pleaded guilty in May 2014 to one count of mail fraud, one count of conspiracy to commit money laundering, and one count of making a false statement to a financial institution.  Kay Jenkins, 64, of Corsicana, pleaded guilty in May 2015 to one count of conspiracy to commit money laundering.

According to documents filed in the case and evidence proffered at the sentencing hearing, beginning at least as early as December 2004, and continuing until his termination from the Bakery, Sandy Jenkins engaged in a massive scheme to defraud the Bakery.  During that time, he embezzled more than $16 million from the Bakery, and he and his wife, Kay Jenkins, used that money to bank-roll a lavish lifestyle.  The government introduced evidence at sentencing identifying the 223 trips on private jets as well as the locations (primarily Santa Fe, New Mexico; Aspen, Colorado; and Napa, California, among other places), with a total cost that exceeded $3.3 million.

The government also showed at sentencing that the Jenkins purchased 38 vehicles over the course of the scheme, including many Lexus automobiles, a Mercedes Benz, a Bentley, and a Porsche.  According to evidence proffered at sentencing, Sandy Jenkins and Kay Jenkins purchased a new automobile every time they needed an oil change.  The government further established at sentencing that the Jenkins spent over $11 million on a Black American Express card alone—roughly $98,000 per month over the course of the scheme—for a couple that had a legitimate income, through the Bakery, of approximately $50,000 per year.  The evidence at sentencing also established that a significant portion of stolen funds (approximately $1.2 million) were spent at Neiman Marcus at Northpark in Dallas where Sandy Jenkins and Kay Jenkins had nicknames, “Fruitcake” and “Cupcake,” respectively.  The government further proffered evidence at sentencing that the Jenkins stopped shopping at Neiman Marcus when Neiman’s ran out of things to sell them.

Based on the evidence at sentencing, the Court determined that the total loss as a result of Sandy Jenkins’s offense was $16,766,645.70.  Through the efforts of law enforcement in this case, the government recovered approximately $4,000,000 in property and cash that will be turned over to the Bakery as partial restitution for the losses suffered in this case.  That includes the following: (a) four vehicles, including a 2005 Lexus SC, a 2010 Mercedes Benz CL550, a 2013 GMC Yukon Denali, and a 2013 BMW X53 (having an approximate value of $150,000); (b) 532 luxury items, including 41 bracelets, 15 pairs of cufflinks, 21 pairs of earrings, 16 furs, 61 handbags, 45 necklaces, 9 sets of pearls, 55 rings, and 98 watches (having an approximate value of $3.5 million); $580,754.90 in cash; a wine collection (having an approximate value of $50,000.00); and a Steinway electronic piano (having a value of $58,500.00).  As a result of the turnover of property, the Court ordered restitution jointly and severally for Sandy and Kay Jenkins in the amount of $12,697,921.79 to be paid to the Bakery. 

The FBI conducted the investigation with assistance from the Corsicana Police Department and the Austin Police Department.  Assistant U.S. Attorney J. Nicholas Bunch prosecuted the case and Deputy Criminal Chief Assistant U.S. Attorney Melissa Childs handled the forfeiture.

# # #

DALLAS — Wade Lawrence, 43, of Dallas, a securities broker, appeared this morning before U.S. Magistrate Judge David L. Horan and pleaded guilty to a felony Information charging one count of securities fraud, announced U.S. Attorney John Parker of the Northern District of Texas.

Lawrence faces a maximum statutory penalty of five years in federal prison and a $250,000 fine or twice any pecuniary gain to the defendant or loss to the victims.  In addition, Lawrence agrees to forfeit $1,542,966, in proceeds traceable to the offense, in the form of a money judgment and proceeds from the sale of his residence.  Lawrence will remain on bond pending sentencing, a date for which was not set.

According to documents filed in the case, from June 2008 through July 2011, Lawrence worked as a securities broker by Oppenheimer & Co. Inc., in Dallas and was active in conducting trades in his customer brokerage accounts.  In 2010 and 2011, Lawrence began to lose significant amounts of money, both in his clients’ trading accounts and his individual trading account.  In August 2011, Lawrence moved to Southwest Securities in Dallas, where his trading losses continued.

Beginning in January 2012 and continuing through September 2013, Lawrence engaged in a scheme to defraud to obtain funds from individuals, with whom many he had longstanding personal and business relationships and who trusted him.  He falsely offered for sale various investments, including real estate ventures and securities outside the brokerage accounts at Southwest Securities.  He also offered interests in what he represented were a high-risk investment in options on the Volatility Index (VIX) on the Chicago Board Options Exchange.

Lawrence also solicited funds from several individuals by falsely representing they would be invested in a duplex.  He falsely represented to other investors that their money would be invested in various securities such as in Facebook and Southwest Securities.

Lawrence represented to investors that their investments would return anywhere from 20 to 100 percent, and that it was possible to double their investment.  In each case, he directed the investor to mail or wire-transfer funds to his personal account at Wells Fargo Bank, instead of a Southwest Securities account, giving various explanations for this, including that he was trying to start his own VIX fund and needed to establish a history for the fund.

Lawrence, however, only invested some of the investors’ money as represented.  Instead, he spent several hundred thousand dollars of the proceeds for personal living expenses, including travel, mortgage payments on his Dallas residence, and a $10,000 piece of jewelry.  In total, Lawrence obtained approximately $2,124,000 from the scheme.  He returned approximately $581,034 to some of the investors.

The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force.  The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud.  Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations.  Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.  For more information on the task force, please visit www.StopFraud.gov.

The FBI investigated the case.  Assistant U.S. Attorney Christopher Stokes is in charge of the prosecution.

# # #

DALLAS — A Mansfield, Texas, man has been charged in a federal criminal complaint with committing the takeover-style, armed robbery last week of the Grandview Bank in Grandview, Texas, announced U.S. Attorney John Parker of the Northern District of Texas.

Michael Dwayne Bailey, 41, made his initial appearance this afternoon before U.S. Magistrate Judge David L. Horan, who ordered that he remain in custody pending a detention hearing set for Friday, September 18, 2015, at 2:00 p.m.

According to the complaint, on Thursday, September 10, 2015, at approximately noon, a man wearing a Texas Longhorns baseball cap, sunglasses, black leather jacket, dark glasses, and subsequently identified as the alleged robber, entered the Grandview Bank located at 105 East Criner Street.  He approached a teller, who noticed he was wearing a dark bandana over the lower half of his face, pointed a handgun at the teller, and demanded money.

In fear for her life, the teller froze.  The robber climbed on the counter and through the teller window and pointed the handgun directly at the teller’s face, and repeated his demand.  Again, fearing for her life, the teller began withdrawing cash from her cash drawer, and the robber reached into the drawer and began grabbing money.  The teller handed the money to the robber who took all of it and ran out of the bank.  By this time, other bank employees had called 911.  An observer saw the robber run to a red, two-door coupe with disabled veteran plates and notified law enforcement.

Acting on the tip, an officer with the Alvarado Police Officer caught up with the robber and activated his red and blue lights and siren, signaling the robber to stop, but the robber did not pull over.  Instead, a high-speed pursuit ensued, and officers from several police agencies joined the Alvarado Police Department.  They pursued the robber to the city of Mansfield, Texas, and during the pursuit, the robber drove on the wrong side of the road on I-35 and onto the shoulder before ultimately blowing a tire.  Speeds even reached 150 miles per hour during the pursuit.  The robber and a female passenger were both arrested.

At the time of his arrest, Bailey was wearing a Texas Longhorns ball cap, sunglasses, a black leather jacket and dark pants.  The police also recovered the dark-colored bandanna.  Knowing the robber was armed, officers searched the car and located a Smith & Wesson 9 millimeter handgun loaded with hollow-point ammunition. 

The female passenger was identified as Bailey’s 19-year-old daughter.  Officers located the exact amount of cash stolen in the robbery in her purse.

A federal complaint is a written statement of the essential facts of the offenses charged, and must be made under oath before a magistrate judge.  A defendant is entitled to the presumption of innocence until proven guilty.  If convicted of this offense, however, Bailey faces up to 25 years in federal prison and a $250,000 fine.  The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment.

The FBI, Alvarado Police Department and Mansfield Police Department are investigating.  Deputy Criminal Chief Assistant U.S. Attorney Gary Tromblay is prosecuting.

# # #

LUBBOCK, Texas — A Lamesa, Texas, man, Joel Thomas Napper, who did business as Agwest Insurance Agency, was sentenced on Friday by U.S. District Judge Sam R. Cummings to serve 15 months in federal prison, fined $4,000, and ordered to pay $124,246 in restitution to the U.S. Department of Agriculture (USDA) Federal Crop Insurance Corporation (FCIC).  The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.

Napper pleaded guilty in June 2015 to one count of making false statements to the USDA’s FCIC and Aiding and Abetting.  He must surrender to the Bureau of Prisons on October 16, 2015.  

According to documents filed in the case, Napper admitted that from approximately July 23, 2013, to August 26, 2013, he submitted false Acreage Reports (AR) on behalf of his policy holder clients, falsely representing that policy holders had timely signed the ARs enabling them to qualify for the FCIC program and receive federal crop insurance coverage, when, as Napper well know, the ARs were not timely signed and Napper forged them on behalf of his policyholder clients.

The investigation began in May 2014 after the USDA received information that Napper had made false statements by backdating ARs in order to provide multi-peril crop insurance coverage for his policyholders who were making claims on their 2013 cotton insurance policies.  Napper admitted that he had forged signatures and backdated ARs for at least 10 policyholders.  By transmitting the false statements, Napper caused a $124,246.00 sales commission paid to Agwest Insurance Agency.

The investigation was conducted by the USDA, Office of Inspector General and prosecuted by Assistant U.S. Attorney Paulina Jacobo.

# # #

LUBBOCK, Texas — Jeffrey William McCall, 42, was sentenced this morning by U.S. District Judge Sam R. Cummings to 200 months in federal prison, following his guilty plea in June 2015 to one count of production of child pornography, announced U.S. Attorney John R. Parker of the Northern District of Texas.

According to documents filed in the case, on April 7, 2015, McCall obtained a video of a minor female child by hiding his cellular telephone in the bathroom and turning on the video camera when the child went into the bathroom to take a shower.  McCall carefully positioned and aimed the lens of the camera with the intent of obtaining images of the child.

The matter was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

               The FBI and the Lubbock Police Department’s Internet Crimes Against Children Task Force investigated.  Assistant U.S. Attorney Steven M. Sucsy prosecuted the case.

# # #

DALLAS — A Canadian resident who ran a “romance” scam on an Internet dating site that caused nearly $300,000 in losses to victims, including some in North Texas, was sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.

Oluwaseun Oyesanya, 25, was sentenced by U.S. District Judge Jane J. Boyle to 24 months in federal prison and ordered to pay $287,103 in restitution.  He pleaded guilty in October 2014 to one count of conspiracy to commit wire fraud.  A co-conspirator in the case, Olusegun Damiola Fajolu, 30, of Oklahoma City, pleaded guilty to the same offense earlier this month and is scheduled to be sentenced on December 17, 2015.

Oyesanya has been in custody since his arrest in March 2014 at the Minneapolis/St. Paul airport by special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) on a related federal complaint.  Fajolu was arrested in Oklahoma City on a separate, but related, federal criminal complaint in April 2015.

According to documents filed in the case, beginning at least in late March 2012 and continuing to March 10, 2014, Oyesanya used the internet alias of “Trisha Jones” to carry out a “romance” scam on the internet dating website, tagged.com.  Oyesanya created an online profile for “Trisha Jones,” and using that alias, befriended individuals on the site, and then cultivated a relationship through email and instant messages until an online romantic relationship blossomed.

After establishing the relationship, Oyesanya convinced his victims into believing “she” was in trouble in a foreign country and needed funds wired to “her” as soon as possible.  Once the victims agreed to assist “Trisha,” in what they believed was “her” hour of need, Oyesanya directed the victims where to wire the funds.

Co-defendant Fajolu received the funds either directly from the victims or through another co-conspirator.  Fajolu would then wire the funds to Oyesanya or to Oyesanya’s family members in various countries, including Nigeria, knowing these funds were the proceeds of a fraud being perpetrated by Oyesanya.  For his assistance, Fajolu would keep approximately 30 percent of the funds he received from victims.  In addition, according to the filed complaint, Fajolu and another individual purchased a vehicle in Burleson, Texas, with funds from the “romance” scam and had it shipped to Nigeria for Oyesanya.

ICE HSI investigated.  Assistant U.S. Attorney Brian Poe is in charge of the prosecution.

# # #

DALLAS — A firearms trafficker, who pleaded guilty earlier this year to one count of aiding and abetting the unlawful manufacturing of firearms, was sentenced today by U.S. District Judge Barbara M. G. Lynn, announced U.S. Attorney John Parker of the Northern District of Texas.

Jose Maria Deleon, 57, of Camp Wood, Texas, was sentenced to 60 months in federal prison.  He has been in custody since October 2014 on a related federal criminal complaint.  Camp Wood is located in southwestern Real County

According to the factual resume filed in the case, between December 2010 and May 2011, Deleon entered into a criminal venture with others to manufacture firearms without a license and then sell those firearms to others.  Specifically, Deleon purchased a number of AR-15 and AK firearm receivers that needed to be manufactured to become fully functional firearms suitable for resale.  Deleon then communicated with two individuals whom he met at a gun show in North Texas, and he offered to pay them if they manufactured his firearms receivers into fully functional firearms.  These two individuals agreed to do so, for varying prices depending on the type of firearm, although neither one had an ATF license to engage in the business of manufacturing firearms.  On multiple occasions, however, Deleon paid these individuals to manufacture firearms.  Deleon also purchased firearms from them.

Ultimately, Deleon sold the firearms to other individuals who, according to the criminal complaint, took them across the Mexican border.  Deleon was involved in trafficking more than 600 firearms, 50 of which have been recovered, to date, in Mexico.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.  Assistant U.S. Attorney Cara Pierce prosecuted.

# # #

DALLAS — Two men who admitted committing the armed robbery of a Subway restaurant in Richardson, Texas, last year, have been sentenced to lengthy federal prison terms, announced U.S. Attorney John Parker of the Northern District of Texas.

Today, Antonio Demond Douglas, 25, of Richardson, was sentenced by U.S. District Judge Barbara M. G. Lynn to serve a total of 125 months in federal prison.  A few weeks ago, co-defendant Allen Leon Pleasant, 26, of Dallas, was sentenced to serve a total of 117 months in federal prison.  Each pleaded guilty to one count of interference with commerce by robbery and one count of possessing, using and brandishing a firearm in furtherance of a crime of violence.

According to documents filed in the case, at approximately 7:00 p.m., on June 24, 2014, Douglas and Pleasant entered the Subway restaurant at 212 East Spring Valley Road in Richardson with the specific intent to commit robbery.  Once inside, Douglas and Pleasant produced firearms, pointed them at a Subway employee and demanded money from the register.  The employee, in fear for his life, removed cash from the register and placed it in a plastic bag Douglas provided. 

During the course of the robbery, Douglas and Pleasant also robbed three customers inside the restaurant, taking personal items and money, and then they ran from the store.  In a subsequent vehicular chase with law enforcement, Douglas and Pleasant operated their vehicle in a manner that created a substantial risk of death or serious bodily injury to other motorists.

The Richardson Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.  Assistant U.S. Attorney Keith Robinson prosecuted.   

            # # #

DALLAS — Tevin Rashad Wright, a 27-year-old Grand Prairie, Texas, man with three prior felony convictions, has been sentenced to 96 months in federal prison, by U.S. District Judge Ed Kinkeade, following his guilty plea in May 2015 to one count of being a felon in possession of a firearm.  U.S. Attorney John Parker of the Northern District of Texas made the announcement this afternoon.

The day after an August 2014 burglary of a residence in Grand Prairie, Texas, during which several firearms were stolen, the Grand Prairie Police Department’s investigation resulted in the arrest of Wright for the offense.  Prior to the date of the robbery, Wright had been convicted of three felony offenses since 2008, all involving cocaine, in Dallas and Tarrant counties.

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

The Grand Prairie Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.  Assistant U.S. Attorney Keith Robinson prosecuted.

# # #

AMARILLO, Texas — Bassam Arif Al Zarkani, 33, of Dumas, Texas, was sentenced this morning by U.S. District Judge Mary Lou Robinson to 27 months in federal prison, following his guilty plea in July 2015 to one count of attempted transfer of obscene material to a minor, announced U.S. Attorney John Parker of the Northern District of Texas.

Al Zarkani has been in custody since his arrest in April 2015.

According to documents filed in the case, on approximately April 14, 2015, Al Zarkani sent a “friend request” to an undercover officer’s Facebook account, and the undercover officer accepted that friend request.  Al Zarkani and the undercover officer exchanged messages and in response to Al Zarkani’s inquiry, the undercover officer responded, “single…no kids thank god…im 15.”

The conversation turned sexual in nature and Al Zarkani sent the undercover officer a sexually explicit photo of himself, and for almost two weeks, Al Zarkani and the undercover officer, whom Al Zarkani believed was a 15-year-old female, sent private messages to each other through Facebook.  During the conversations, Al Zarkani warned the undercover officer to keep him a secret from her dad and not tell anyone about him until she is 18 years old.  On April 28, 2015, a meeting site was established, and Al Zarkani traveled from Dumas to Amarillo, Texas, to meet the girl.  He was arrested when he arrived at the meeting location.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Amarillo Police Department and the Texas Department of Public Safety investigated.  Assistant U.S. Attorney Joshua Frausto prosecuted.

# # #

DALLAS — Following a five-day trial, a federal jury has convicted Thomas Earl Wright, 33, of Dallas, on all counts of a superseding indictment charging drug trafficking and firearm offenses, announced U.S. Attorney John Parker of the Northern District of Texas and U.S. Attorney John M. Bales of the Eastern District of Texas.

Specifically, Wright was convicted on one count of possession with intent to distribute five kilograms or more of cocaine, one count of possession with intent to distribute marijuana, one count of possessing a firearm in furtherance of a drug trafficking crime, and one count of being a felon in possession of a firearm. 

For the possession with intent to distribute cocaine conviction, a statutory maximum penalty of not less than 10 years and up to life in federal prison and a $1 million fine may be imposed.  For the possession with intent to distribute marijuana conviction, a statutory maximum of five years in federal prison and a $250,000 fine may be imposed.  The firearm possession conviction carries a statutory penalty of at least five years and not more than life in federal prison and a $250,000 fine.  The felon in possession conviction carries a maximum statutory penalty of 10 years in federal prison and a $250,000 fine.  Wright is scheduled to be sentenced on January 7, 2016, by U.S. District Judge Jane J. Boyle.

According to documents filed in the case and evidence presented at trial, officers with the Dallas Police Department responded to a welfare complaint about a children coming and going from a narcotics stash house on Packard Street in Dallas.  When officers arrived at the residence, they encountered Wright leaving the residence, through its back door, with bundles of cash stuffed in his pockets.  Wright’s co-defendant, Eric Tyrone Harris, opened the front door to the residence when officers knocked, and officers noted a strong odor of marijuana emitting from the residence through the front door.  A juvenile was at the front door with Harris, and officers removed the child from the residence and released him to a parent.

Law enforcement secured a search warrant and found multiple kilograms of cocaine located in a suitcase in a utility room, more than 100 pounds of marijuana in a bedroom closet, and approximately $30,000 in cash — $3,000 in Wright’s pockets and $27,000 in cash beneath a mattress.  In addition, they located three firearms in the residence.

Harris pleaded guilty in April 2015 to one count of possession with intent to distribute cocaine and is scheduled to be sentenced on October 1, 2015.

The Dallas Police Department, U.S. Secret Service, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Plano Police Department investigated.  Assistant U.S. Attorney Errin Martin of the Northern District of Texas and Assistant U.S. Attorney Heather Rattan of the Eastern District of Texas are prosecuting the case.

# # #

DALLAS — A 27-year-old Irving, Texas, man, Frank Olivarez, Jr., who pleaded guilty in December 2014 to one count of transporting and shipping child pornography, was sentenced this afternoon by U.S. District Judge Sam A. Lindsay to 144 months in federal prison, announced U.S. Attorney John Parker of the Northern District of Texas.

 According to documents filed in the case, in February 2014, a task force officer with the FBI, who was conducting an investigation into the sharing of child pornography on a BitTorrent file-sharing network, identified a computer that was sharing files containing child pornography.  The task force officer downloaded 695 image and video files from Olivarez, 648 of which were child pornography.

The FBI then secured a search warrant that they executed at Olivarez’s home.  Olivarez admitted using BitTorrent software to download and view child pornography.  Agents seized computer media from the home and further forensic analysis revealed that 33 images depicted the sexual exploitation of infants and toddlers.

 The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

            The FBI’s Child Exploitation Task Force investigated.  Assistant U.S. Attorney Camille Sparks prosecuted.

# # #

LUBBOCK, Texas — In unrelated cases, two defendants appeared in federal court this afternoon and pleaded guilty to federal child pornography offenses, announced John Parker, U.S. Attorney for the Northern District of Texas.

Felipe Martinez Ramirez, 47, of Ozona, Texas, pleaded guilty before U.S. Magistrate Judge Nancy M. Koenig to one count of producing child pornography.  Ramirez, who has been in custody since his arrest this past July, faces a statutory penalty of not less than 15 years or more than 30 years in federal prison and a $250,000 fine.  A sentencing date was not set.

According to plea documents filed in the case, Ramirez enticed a minor female to engage in sexually explicit conduct with him at a residence in Ozona, and he used a cell phone to record that conduct reflected in a bathroom mirror.

In the other case, Jacob Seth Thornton, 28, of Lubbock, pleaded guilty before Judge Koenig to one count of receiving a visual depiction of a minor engaging in sexually explicit conduct.  He faces a statutory penalty of not less than five years or more than 20 years in federal prison, a $250,000 fine, and a lifetime of supervised release.  He remains on bond and a sentencing date was not set. 

According to plea documents filed in his case, Thornton kept a laptop at his residence that he used, to among other things, search the Internet for images and videos depicting minors engaged in sexually explicit conduct.  Thornton used peer-to-peer file sharing software to receive the seven images described in the indictment, as well as many others.  

The cases were brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Crockett County Sheriff’s Office investigated the Ramirez case.  ICE HSI and the Lubbock County Sheriff’s Office investigated the Thornton case.  Assistant U.S. Attorney Steven M. Sucsy is in charge of prosecuting both cases.

# # #

AMARILLO, Texas — A federal grand jury returned an indictment last week charging Randy L. Edwards with three counts of making and subscribing a false return, statement, or other document, announced U.S. Attorney John Parker of the Northern District of Texas.

Today, Edwards made his initial appearance in federal court in Amarillo before U.S. Magistrate Judge Clinton E. Averitte. 

The indictment alleges that Edwards, a resident of Amarillo, did willfully make, subscribe, and file tax year 2007, 2008 and 2009 Individual Income Tax Returns that failed to report his true income for each tax year.

In the return for tax year 2007, Edwards stated that tax year 2007 gross receipts income, specifically Schedule C, Line 1, was $702,104, when he well knew, that he failed to report all of his business gross receipts for that year totaling approximately $801,155.

In the return for tax year 2008, Edwards stated that tax year 2008 gross receipts income, specifically Schedule C, Line 1, was $835,604, when he well knew, that he failed to report all of his business gross receipts for that year totaling approximately $1,208,878.

In the return for tax year 2009, Edwards stated that tax year 2009 gross receipts income, specifically Schedule C, Line 1, was $728,861, when he well knew, that he failed to report all of his business gross receipts for that tax year totaling approximately $1,135,859.

A federal indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty.  Upon conviction, however, the maximum statutory penalty for each count is three years in federal prison and a $250,000 fine.

Internal Revenue Service Criminal Investigation is conducting the investigation.  Assistant U.S. Attorney Tim Hammer is prosecuting the case.

# # #

AMARILLO, Texas — Six men who were aboard Southwest Airlines flight 1522 yesterday in route from San Diego to Chicago that was diverted to Rick Husband International Airport in Amarillo, Texas, for the safety of the flight crew and passengers, have each been charged in a federal criminal complaint with interference with a flight crew and aiding and abetting.  U.S. Attorney John Parker of the Northern District of Texas made the announcement this afternoon.

Those six men, all residents of the San Diego area, Saiman Hermez, 19; Jonathan Khalid Petras, 20; Ghazwan Asaad Shaba, 21; Essa Solaqa, 20; Khalid Yohana, 19; and Wisam Imad Shaker, 23; are scheduled to make their initial appearance in federal court in Amarillo tomorrow, before U.S. Magistrate Judge Clinton E. Averitte, at 9:30 a.m.

The entire flight crew and all passengers were required to deplane in Amarillo.  Law enforcement personnel removed the six defendants from the aircraft.

According to the complaint, the six defendants, who were sitting together on the plane, were disruptive and did not comply with instructions.  They initially refused to put their seat backs and tray tables up.  Later, when a flight attendant was taking drink orders, they started talking loudly and using profanity.  When a flight attendant asked them to quiet down, they responded that they could be as loud as they want.  When a flight attendant said they could not do that, they lunged forward in their seats and said, “We can do whatever we want on here.” 

The six defendants then asked for alcohol to be served to them, and when denied, they became aggressive by lunging forward at a flight attendant.  Another flight attendant also refused to serve them alcohol, and they accused the flight attendants of being racist.  The defendants did not comply with anything they were asked to do; they were repeatedly standing up and becoming increasingly louder and attempted to incite other passengers to join their noncompliant behavior.

The flight attendants advised another flight attendant about the group of passengers acting in a defiant, loud and aggressive manner.  That flight attendant asked them what was happening and they told her they paid for their ticket and would act any way they wanted to.  They became louder and began waving their hands at the flight attendant after she advised them she would separate them if they did not comply.  Because of the increasing escalation of loud and aggressive behavior, that flight attendant was in fear for the safety of the crew and passengers and asked the pilots to divert the aircraft.

A passenger on the plane heard them call the flight attendant who refused to serve them alcohol a racist and a pig.  She heard them tell each other to throw gang signs and then saw them using their hands to gesture gang signs.  They then used profanity to call this passenger names.

A complaint is a written statement of the essential facts of the offense charged and must be made under oath before a magistrate judge.  A defendant is entitled to the presumption of innocence until proven guilty.  The government has 30 days to present the matter to a grand jury for indictment.  The maximum statutory penalty for the offense as charged is 20 years in federal prison and a $250,000 fine.

The FBI, the Amarillo Police Department and the Rick Husband International Airport Police are investigating.  Assistant U.S. Attorneys Joshua Frausto and Timothy Hammer are in charge of the prosecution.

# # #

DALLAS — After his arrest today, Dallas attorney Tshombe Anderson remains in federal custody, along with his wife Brenda Anderson and his sister Lydia Bankhead, on charges outlined in a federal criminal complaint stemming from a scheme they ran to fraudulently obtain more than $22 million from the Department of Labor (DOL) Office of Worker’s Compensation Program (OWCP), announced U.S. Attorney John Parker of the Northern District of Texas.

Tshombe Anderson, 52, was arrested today, and his wife was arrested on Wednesday in Dallas.  Bankhead was also arrested on Wednesday in Russellville, Arkansas.  Brenda Anderson, 45, and Bankhead, 61, each made their initial appearance before a U.S. Magistrate Judge, and both are scheduled for detention hearings next week.  Tshombe Anderson will make his initial appearance in federal court on Monday, August 31, 2015, before U.S. Magistrate Judge Paul D. Stickney.

According to the complaint, unsealed today, Tshombe Anderson worked as an attorney for Union Treatment Center (Union), a treatment and rehab center with offices in Austin, Corpus Christi, Killeen and San Antonio, Texas, from approximately February 2010 to May 2011.  Union specialized in treating injured state and federal worker’s compensation patients.  In February 2010, Brenda Anderson also began working for Union, and shortly thereafter, she formed Best First Administration (BFA) Durable Medical Equipment (DME) of Austin, which became Union’s “in-house” DME provider.

In general, according to the complaint, a Union doctor would provide Brenda Anderson with a prescription for a patient’s DME items, and she would then send the prescribed DME to the patient.  BFA billed OWCP and deposited the payment for the DME into BFA’s designated bank account.

However, in May 2011, Union fired Tshombe and Brenda Anderson because an audit revealed they appeared to be engaging in fraudulent billing practices, according to the complaint.  The following month, Union created their own “in-house” DME company to provide patients with necessary treatment supplies.  Brenda Anderson and BFA, however, retained patient records and identifying information and used that information to continue to bill OWCP for unrequested and/or unnecessary DME sent to Union patients.

In January 2013, Tshombe Anderson formed Union Medical Supplies & Equipment, LLC (UMSE), which records indicate was managed by Lydia Bankhead and their mother.  In April 2013, USME began fraudulently billing OWCP for DME delivered to the same Union patients as BFA.  In January 2014, USME changed its address with OWCP from 327 Cedar Creek Drive in Duncanville, Texas, to 2606 Martin Luther King Jr. Blvd., in Dallas, an address located next door to The Law Office of Tshombe A. Anderson, LLC, located at 2604 Martin Luther King Jr. Blvd., in Dallas.  Every DME transaction billed by UMSE since its formation appears to be fraudulent.

In May 2013, Tshombe Anderson formed Sky-Care Medical Supplies & Equipment, LLC (SMSE).  Records list Tshombe Anderson’s sister-in-law as SMSE’s Manager.  In August 2013, SMSE began billing OWCP for the same patients as BFA and UMSE; every DME transaction billed by SMSE since its formation appears to be fraudulent.

In January 2014, Tshombe Anderson formed American Federal Union Claims Advocates, LLC (AFUCA).  Tshombe Anderson is listed as the only managing member of this company, and the company’s address is the same as that of his law office.

OWCP billing records from January 2011 through April 9, 2015, indicate that 292 patient claim numbers were filled by at least one of the Andersons’ three DME companies.

From April 11, 2013 through April 9, 2015, USME billed approximately $22,498,085 and was paid $19,573,704 by OWCP for DME that was not needed or requested by the patient or the doctor treating the patient.

From August 7, 2013 through April 9, 2015, SMSE billed approximately $1,833,895 and was paid $1,706,848 by OWCP for DME that was not needed or requested by the patient or the doctor treating the patient.

A federal complaint is a written statement of the essential facts of the offense charged, and must be made under oath before a magistrate judge.  A defendant is entitled to the presumption of innocence until proven guilty.  The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment.  The maximum statutory penalty for both health care fraud and theft of government funds is 10 years in federal prison and a $250,000 fine.  The maximum statutory penalty for mail fraud is 20 years in federal prison and a $250,000 fine.

The DOL Office of Inspector General and the U.S. Postal Service Office of Inspector General are investigating.  Special Assistant U.S. Attorney Danial Gividen and Assistant U.S. Attorneys Aaron Wiley and Lea Carlisle are in charge of the prosecution.

# # #

ABILENE, Texas —Rockey Koonce, 40, of Lueders, Texas, was sentenced today by Chief U.S. District Judge Jorge A. Solis to 192 months in federal prison, following his guilty plea in April 2015 to one count of receipt of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.

Following the sentencing, Judge Solis remanded Koonce, who had been on bond, into custody.

According to documents filed in the case, Koonce used a laptop computer at his residence, connected to the Internet, to search for images and videos depicting minors engaged in sexually explicit conduct.  In May 2014, Koonce knowingly received a video file depicting a prepubescent female, under age 18, engaged in sexually explicit conduct.  Koonce received the video through the use of peer-to-peer file sharing software.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

The Federal Bureau of Investigation, the Wichita Falls Police Department and the Stamford Police Department investigated.  Assistant U.S. Attorney Steven M. Sucsy of the U.S. Attorney’s Office in Lubbock, Texas, prosecuted.

# # #

DALLAS — A 37-year-old former resident of Plano, Texas, Wellman Anderson Reyes, was sentenced this morning by U.S. District Judge Barbara M.G. Lynn to 144 months in federal prison following his guilty plea in April 2015 to one count of attempted enticement of a minor, announced U.S. Attorney John Parker of the Northern District of Texas.

Judge Lynn ordered that his sentence run consecutive to any sentence he may receive in an unrelated, pending online solicitation of a minor case currently pending in the 291st Judicial District in Dallas County.  Reyes will be deported to El Salvador after serving his sentence.

The investigation began in 2013 when the Garland Police Department received a tip about an inappropriate text that was sent to a minor girl.  The investigation revealed that Reyes had sent that text.  To locate Reyes, a detective with the Garland Police Department, acting in an undercover capacity and assuming the persona of a 14-year-old female, sent a friend request to Reyes.  Reyes accepted the request, and for two months conversation between the two ensued, with Reyes enticing her to engage in sex acts with him.  Reyes sent sexually explicit photos of himself, and he requested the girl send him nude photos of herself.  They agreed to meet at an apartment in Garland to engage in sex acts, but when Reyes arrived, he was taken into custody.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

The Garland Police Department, Plano Police Department and U.S. Secret Service investigated.  Assistant U.S. Attorneys Camille Sparks and Lori Walker prosecuted.

# # #

ABILENE, Texas — Charles Coci, 26, of Abilene, Texas, was sentenced today by Chief U.S. District Judge Jorge A. Solis to 102 months in federal prison, following his guilty plea in April 2015 to one count of possession of prepubescent child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.

After sentencing, Judge Solis remanded Coci, who had been on bond, into the custody of the U.S. Marshal.

According to documents filed in the case, Coci used a laptop computer at his residence to search the Internet for images and videos of child pornography.  In the course of searching for this material, Coci located, downloaded and viewed numerous images and videos constituting child pornography, and some of those images involved prepubescent minors engaging in sexually explicit conduct.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Abilene Police Department and the U.S. Air Force Office of Special Investigations investigated the case.  Assistant U.S. Attorney Steven M. Sucsy of the U.S. Attorney’s Office in Lubbock, Texas, prosecuted.

# # #

DALLAS — A woman who owned a tax preparation business that had locations in Addison, Farmers Branch and Irving, Texas, My Kyung Ryoo, appeared in federal court today and pleaded guilty to one count of aiding or assisting in the preparation or presentation of a false or fraudulent individual income tax return, announced U.S. Attorney John Parker of the Northern District of Texas.

Ryoo, who stated in open court today that she is 51 years of age, faces a maximum statutory penalty of three years in federal prison and a $250,000 fine.  In addition, according to the plea agreement filed in the case, Ryoo is to pay the Internal Revenue Service (IRS) $65,319 in restitution.  Sentencing is set for December 17, 2015, before U.S. District Judge Jane J. Boyle.

According to the factual resume filed in the case, since 2006, Ryoo, a/k/a “Micky Ryoo,” was the owner and a return preparer at Quick File Tax Service located in Addison, Farmers Branch and Irving, Texas.  During tax years 2007 through 2010, Ryoo prepared and filed more than 2000 tax returns from her various offices, and her name, business and electronic filer identification number appeared on every tax return prepared.  Ryoo voluntarily closed Quick File in April 2011 and terminated her tax preparation business.

IRS’s audit of 30 fraudulent returns, according to the factual resume, resulted in an estimated tax loss of $65,319.  The IRS Austin Scheme Detection Center identified 1,001 suspect tax returns prepared by Ryoo that appeared to contain questionable Schedule “A” deductions.  Ryoo stipulates that the government likely could prove that a reasonable estimate of the total tax harm resulting from a substantial number of returns she prepared and filed for tax years 2007 – 2010, inclusive, is no more than $200,000.

The factual resume further states that in March 2011, a taxpayer, “AO,” requested Ryoo prepare her 2010 tax return.  In 2010, AO was employed as a housekeeper, and her recently deceased husband had worked in a furniture store.  In preparing and electronically filing that tax return, at AO’s request, Ryoo attempted to minimize AO’s and her late husband’s tax liability.  After advising AO of the possible consequences of filing a questionable return, Ryoo falsely overstated on the return that AO and her deceased husband were entitled to more than $25,000 in itemized deductions on Schedule “A.”  Ryoo also claimed that AO and her deceased husband were entitled to more than $1,500 in educations credits for which they did not qualify.

IRS Criminal Investigation is investigating.  Assistant U.S. Attorney Joseph M. Revesz is in charge of the prosecution.

# # #

FORT WORTH, Texas — A registered sex offender, living in Fort Worth, Texas, who pleaded guilty to a two-count indictment charging child pornography offenses, was sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.

Mark Anthony Pape, 24, was sentenced by U.S. District Judge Terry R. Means to 40 years in federal prison.  He pleaded guilty in October 2014 to an indictment charging one count of production of child pornography and one count of committing this offense as a registered sex offender.  Pape has been in federal custody since his arrest in April 2014 in San Marcos, Texas, on a related federal criminal complaint. 

According to documents filed in the case, on approximately April 9, 2014, officers with the Fort Worth Police Department executed a search warrant at Pape’s residence in Fort Worth and seized computer media and a cell phone.  A forensic examination of the phone revealed a video depicting Pape and a prepubescent female, approximately six-years-old, engaged in sexually explicit conduct.  The video was taken in Pape’s home in February 2014.

The investigation was initiated when the National Center for Missing and Exploited Children (NCMEC) received a cyber-tip regarding an individual who had uploaded an image, containing suspected child pornography, to the Internet.  The investigation led to the identification of Pape, a registered sex offender. 

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

The Fort Worth Police Department and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated.  Assistant U.S. Attorney A. Saleem prosecuted.

# # #

DALLAS – The owner of a record distribution company that knowingly sold counterfeit Latina music CDs to retailers from its stores/distribution centers in Dallas, Chicago and Phoenix, appeared in federal court today in Dallas and pleaded guilty to federal charges, announced U.S. Attorney John Parker of the Northern District of Texas.

Arizona resident, Melek Ackay Portillo, 52, who owns Angelica’s Record Distributors, pleaded guilty before U.S. Magistrate Judge Paul D. Stickney to two counts of copyright infringement, stipulating that she willfully reproduced or distributed numerous copyrighted sound recordings on CDs without authorization from the copyright holders.  Angelica’s Record Distributors pleaded guilty to three counts of trafficking in counterfeit labels and counterfeit packaging.  A sentencing date was not set.

According to plea agreements filed in the cases, if acceptable to the Court, the parties agree that Portillo and Angelica’s Record Distributors will each receive a five-year term of probation.  In addition, Portillo must pay, jointly and severally with Angelica’s Record Distributors, $250,000 in restitution to the Recording Industry Association of America, forfeit $250,000 in cash to the Department of Homeland Security, and forfeit 155,441 counterfeit CDs and DVDs that were seized from Angelica’s Record Distributors in Dallas, Chicago and Phoenix.

From September 2010 through April 27, 2011, Angelica’s Record Distributors obtained music CDs that it knew contained counterfeit labels and counterfeit packaging.  These music CDs that contained the counterfeit packaging and illicit labels, and which Angelica’s Record Distributors knew were copyrighted works, were purchased from a company in California and then distributed to retailers across the country through Angelica’s Record Distributors store locations.

Employees at all three store locations knowingly sold legitimate and counterfeit CDs to retailers.  Employees mixed legitimate product with counterfeit product containing counterfeit labels and packaging, and they told their customers either that the counterfeit product was from a cheaper distributor or that it was “grey market,” meaning that the CDs were legitimate but produced for distribution in Mexico or abroad, and not intended to be sold in the U.S.

Because of its conduct, Angelica’s Record Distributors caused the record labels associated with the Recording Industry Association of America to suffer more than $250,000 in losses. 

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated.  Assistant U.S. Attorney A. Saleem is in charge of the prosecution.

# # #

DALLAS — A 37-year-old heroin dealer is the latest, and last, defendant to appear in federal court and plead guilty to a felony drug offense stemming from his role in the March 2014 heroin overdose death of a Dallas teenage girl, Rian Hannah Lashley, announced John Parker, U.S. Attorney for the Northern District of Texas.

Jimison Erik Coleman, 37, of Los Angeles, California, appeared this morning before U.S. Magistrate Judge Paul D. Stickney and pleaded guilty to one count of conspiracy to possess with the intent to distribute heroin.  Coleman is the last of four defendants charged in the case to plead guilty.  The other three defendants charged in the case, Kathryn Grace Dirks, a/k/a “Kat,” 25; Glen William Brunton, 28; and Cierra Allyn Rounds, 27; also pleaded guilty to that offense.  Each defendant faces a maximum statutory sentence of 20 years in federal prison and a $1 million fine; sentencings are set for the upcoming months. 

According to documents filed in his case, Coleman admits that from December 2013 until April 2015, he routinely distributed heroin and other drugs to multiple customers, some of whom worked as dancers in various strip bars in the Dallas area as well as clubs in Southern California.  From time to time, Coleman fronted quantities of drugs to particular dancers who then, at his direction, sold the drugs to patrons and/or dancers with whom they came in contact.  During this time, Coleman distributed multiple grams of heroin, multiple hits of ecstasy and molly, multiple ounces of cocaine and various prescription drugs to numerous customers in North Texas and elsewhere.

During the early morning hours of March 25, 2014, Coleman and Dirks traveled from a residence in Plano, Texas, to a nearby IHOP restaurant, where they joined Rounds, Brunton, and Rian Lashley, and the group ate breakfast.  Coleman admits that he had provided Dirks, Rounds and Brunton with heroin on numerous occasions prior to that date.

Late that morning in a parking lot near the IHOP, Coleman gave Brunton five baggies totaling one gram of “China White” heroin and directed him to deliver the heroin to Lashley, who was with Dirks and Rounds in Lashley’s vehicle.  Brunton, at Coleman’s direction, distributed the heroin to Rian Lashley for $120.00.  After acquiring the heroin, Rounds, Dirks and Lashley left the parking lot in Lashley’s vehicle and traveled to a residence in Dallas where Rounds was living.  Coleman and Brunton left the parking lot in a separate vehicle.

On March 25, 2014, Rian Lashley died at a residence after being injected with the heroin that she purchased from Coleman earlier in the day.  Coleman was not present when Lashley was injected with the heroin that, according to the autopsy, resulted in her death.

The Dallas Police Department, the FBI, the U.S. Marshals Service, and the Buena Park, California, Police Department investigated.  Deputy Criminal Chief Assistant U.S. Attorney Rick Calvert and Assistant U.S. Attorney Phelesa Guy are prosecuting.

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DALLAS — A man who owned and operated a check cashing business in Dallas appeared today in federal court before U.S. Magistrate Judge Paul D. Stickney and pleaded guilty to a superseding information charging one count of conspiracy to launder monetary instruments, announced U.S. Attorney John Parker of the Northern District of Texas.

Obinna Njoku, who was the sole director of All Ways Insurance Group, LLC, and who owned and operated All-Ways Check Cashing, Inc., according to the factual resume filed in the case, faces a maximum statutory sentence of five years in federal prison and a $250,000 fine.  He will also be required to forfeit approximately $194,294 in funds that the government has seized from his Comerica Bank accounts.  A sentencing date was not set; he will remain on bond.

According to the factual resume filed in the case, from January through April 2012, Njoku was asked by several individuals to cash, through All-Ways, numerous checks purporting to be federal income tax refunds and appearing to be issued to individuals residing in the Dallas area.  The individuals asking Njoku to cash these checks brought “batches” of checks, often eight to 12 at a time, to Njoku at the All-Ways location on Forest Lane in Dallas.  These “batches” of checks often had consecutive numbers, and each check was always for less than $10,000.  The individuals who brought the checks to Njoku to cash were not the individuals to whom the checks were payable.  In addition, the total amount of each batch of checks presented to Njoku, as well as the amount of cash released to the respective individual presenting the “batch” of checks, was usually well over $10,000.

Njoku believed, according to the factual resume, that the individuals asking for the checks to be cashed had prepared and filed federal income tax returns for the persons to whom the checks were issued.  Njoku suspected that the individuals cashing the checks had illegally obtained higher federal income tax refunds, using improper credits and falsely inflated deductions, for the purported payees on the checks.  While he believed the checks were likely derived from criminal activity involving fraudulent federal tax returns, Njoku did not ask or seek details.  Further, he did not investigate or confirm that the individuals presenting the checks had been involved in preparing tax returns for the check payees or had any business relationship with the payees.  Instead, Njoku deliberately blinded himself to what he suspected was the source of the checks and through All-Ways, caused the checks to be deposited into Comerica Bank accounts and caused funds to be withdrawn from Comerica Bank accounts to give to the individuals presenting the checks.  As his commission for cashing the checks, Njoku kept 25% to 35% of the overall amount of each check “batch” presented to him for cashing.  This commission was much higher than the usual 3% to 5% commission he collected for other checks presented at All-Ways for cashing. 

The factual resume states that these checks presented to Njoku for cashing during this time were derived from fraudulently filed federal income tax returns.  The payees on these checks had their identities stolen by individuals who then used the information to file fraudulent federal tax returns with and make fraudulent refund claims of the Internal Revenue Service.  The total amount of the checks obtained through wire fraud and cashed by Njoku through All-Ways was at least $300,000.

Internal Revenue Service Criminal Investigation investigated the case.  Assistant U.S. Attorney John J. de la Garza is in charge of the prosecution.

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DALLAS — Erick Fernando Duarte, 58, of Garland, Texas, appeared in federal court today before U.S. Magistrate Judge Paul D. Stickney and pleaded guilty to one count of possession of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.

Duarte, who has been in federal custody since his arrest in May 2015, faces a statutory penalty of not less than 10 years and up to 20 years in federal prison, a $250,000 fine, and a lifetime of supervised release.  Sentencing is set for December 7, 2015, before U.S. District Judge David C. Godbey.

According to documents filed in the case, in April 2014, a detective with the Garland Police Department received information from the National Center for Missing and Exploited Children (NCMEC) that child pornography had been uploaded to an AOL account by a specific AOL email user.  Based on this, subscriber information, and information reported on his updated sex offender registry, Duarte was identified as the user.

A search warrant was secured and executed for Duarte’s residence and cell phone.  A review of his cell phone and other media revealed that he had more than 1200 images of child pornography, including images of prepubescent children involved in sex acts, on his cell phone.  Duarte admits that some of the images depicted sadistic and/or violent content.

Duarte was convicted in the 265th Judicial District Court of Dallas County, Texas, in October 1995, for the felony assault of Sexual Assault of a Child.

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

The FBI and the Garland Police Department are investigating the case.  Assistant U.S. Attorney Camille Sparks is in charge of the prosecution.

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DALLAS — A Dallas man who admitted that he tried to rob a Bank of America branch in Dallas in 2013 was sentenced yesterday, announced U.S. Attorney John Parker of the Northern District of Texas.

James Samuel Murray, 51, was sentenced by U.S. District Judge David C. Godbey to 60 months in federal prison.  He has been in custody since his arrest on a related federal criminal complaint filed in October 2013, shortly after the attempted robbery.  Murray pleaded guilty in April 2014 to one count of attempted bank robbery.

According to documents filed in the case, on October 8, 2013, Murray entered the Bank of America located at 6166 Retail Road in Dallas with the intent to rob it.  Upon entering the bank, Murray approached a teller and presented a note, which stated, in part, I have a 9 millimetter [sic] Berretta [sic] pistol so do not panick [sic]. … I want all the money out of your register and then go to the day safe or wherever you have to and make sure I get fifty thousand dollars or more and do not waste time! … Also just so you know, I know your full name and where you live and if anything goes wrong with the money I will be seeing you very soon!  I did my studying on this bank and you!  OK! :-) be happy ok!

The teller, in fear for her life, removed money from the teller drawer and placed it in a bag behind the counter.  The teller then exited the teller area with the money and went to a secure area of the bank where she watched Murray’s actions from a monitor.  Shortly afterwards, officers with the Dallas Police Department arrested Murray in the bank lobby, and during a search, officers recovered the robbery note.  The bag of money was never delivered to Murray.

The FBI Dallas Violent Crimes Task Force and the Dallas Police Department investigated.  Assistant U.S. Attorney Keith Robinson prosecuted.

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DALLAS — A north Texas man who pleaded guilty to his role in a stolen identity refund fraud scheme was sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.

Reminco Zhangazha was sentenced by U.S. District Judge David C. Godbey to 93 months in federal prison and ordered to pay $2,648,334 in restitution.  Zhangazha, who is in custody, pleaded guilty in June 2014 to one count of theft of public funds.  Zhangazha’s co-defendant in the case, Tonderai Sakupwanya, pleaded guilty last year to the same offense and was sentenced earlier this year to 87 months in federal prison and ordered to pay more than $2.6 million in restitution.  The restitution is payable jointly and severally by the two defendants.

The plea agreements with the government note that the defendants will forfeit the following property seized by law enforcement in May 2012 during the investigation of this case:  $10,613 cash seized from Zhangazha’s vehicle; $93,513 cash from Villa Piana Luxury Apartments on Noel Road in Dallas; and $4,500 from a residence on Spring Mountain in Plano, Texas.

According to the factual resumes filed in the case, Zhangazha and Sakupwanya engaged in a scheme to defraud the Internal Revenue Service (IRS) by obtaining stolen tax refunds that were generated by e-filing false and fraudulent income tax returns.  They rented private mailboxes in the names of aliases by using forged United Kingdom passports.  They then established bank accounts using the alias names and mailing addresses acquired at the private mailboxes.  During the course of the scheme, Zhangazha used the aliases of “Martin V. Masters” and “Roy Daniel Black.”  Sakupwanya used the aliases of “Webster G. Rice,” “Floyd Robbins,” and “Floyd Roberts,” during the scheme, according to the factual resume.             

According to the factual resumes, the Forms 1040 directed the IRS to electronically deposit the refunds into bank accounts the defendants established.  Alternatively, the Forms 1040 directed refunds to be issued by a treasury check and mailed to an address under the control of the defendants.  The income tax returns also directed refunds to accounts established at a third-party financial services company, such as EPS Financial, that would enable them to issue a check containing the tax refund.  These third party checks and the treasury checks were deposited into bank accounts the defendants established.  After the checks were deposited, or the tax refunds were electronically deposited, the defendants would withdraw the funds for their own use and benefit.  The factual resumes note that the cash, mentioned above, which was seized from the defendants during the investigation, was obtained by them as a result of their scheme.

The case was investigated by IRS Criminal Investigation and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).  Assistant U.S. Attorney Chris Stokes prosecuted.

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DALLAS — A Dallas woman who stole the identity of a registered nurse and used that identity to work at several Dallas-Fort Worth (DFW) area hospice companies, where she saw and purportedly treated 243 hospice patients, was sentenced this morning, announced U.S. Attorney John Parker of the Northern District of Texas.

Jada Necole Antoine, 34, was sentenced by U.S. District Judge David C. Godbey to 48 months in federal prison and ordered to pay $233,000.00 in restitution following her guilty plea in December 2014 to one count of fraud in connection with means of identification.  She has been in custody since her arrest in July 2014 on a related criminal complaint filed in May 2014. 

According to documents filed in the case, Antoine, who was not licensed as a physician, registered nurse, or other health care provider, stole a registered nurse’s driver’s license and social security card, and used that victim’s driver’s license, social security number, and other means of identification to obtain employment at eight different hospice companies in the DFW area, including Heart to Heart Hospice of Texas, Odyssey Healthcare GP, LLC, Community Hospice of Texas, Elysian Hospice, Hospice Pharmacy Solutions, New Century Hospice, Keystone Custom Care Hospice, and Silverado Senior Living Hospice.

Having fraudulently obtained employment as a registered nurse at Heart to Heart and Odyssey, Antoine had direct responsibility for patient care.  She submitted documents to Heart to Heart and Odyssey that falsely indicated that care was provided to patients under her supervision by a registered nurse, namely the registered nurse whose identification she had stolen.

Antoine’s false statements, theft of the victim’s identity, and other fraudulent activity caused Heart to Heart, Odyssey and other hospice agencies to submit false claims for, and obtain reimbursement from, Medicare and Medicaid for hospice services provided to Medicare beneficiaries and Medicaid clients.  From approximately January 2009 through April 20, 2012, approximately $800,000 in hospice claims were submitted to Medicare for services purportedly performed by Antoine while she was impersonating the victim registered nurse.

In its motion for upward departure and/or variance, which the Court granted in part, the government noted that Antoine victimized 243 hospice patients by depriving them of legitimate healthcare from a properly licensed individual.  Records indicate Antoine treated patients who were mentally ill, comatose, asleep, and otherwise unresponsive to sound and touch, and in those instances, she made her own assessments of the patient’s pain and comfort levels, digestive function, and breathing.  She was also involved in admitting patients onto hospice care where the focus changes from curative treatment to end-of-life palliative treatment.  Antoine also victimized patients by violating their privacy in that the patients routinely revealed parts of their bodies to her for examination that they most likely would not have revealed had they known the truth about her lack of qualifications.  She violated patients’ privacy by gaining access to patient charts and speaking with nursing home staff and patients’ family members.  She further violated their privacy by gaining access to the patients’ detailed demographic information, which, according to the government’s motion, is particularly troublesome given her history of identity theft crimes.

Antoine received approximately $107,000 in compensation from the hospice agencies where she worked.

The FBI, Department of Health and Human Services Office of Inspector General, and the Texas Attorney General’s Medicaid Fraud Control Unit investigated.  Assistant U.S. Attorney Douglas Brasher prosecuted.

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LUBBOCK, Texas — Jose Angel Zapata, 24, of San Angelo, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to 168 months in federal prison, following his guilty plea in April 2015 to two counts of enticement of a minor and aiding and abetting, announced U.S. Attorney John R. Parker of the U.S. Attorney for the Northern District of Texas. 

According to documents filed in the case, beginning in March 2014 and continuing to approximately mid-December 2014,  Zapata engaged in a relationship with “Jane Doe 2,” using Facebook chat, in which he knowingly attempted to persuade, induce and entice “Jane Doe 2” to engage in sexual activity with him.  Zapata knew that “Jane Doe 2” was under age 17.  In March 2014, Zapata met her in a parking lot in San Angelo where they engaged in sexual activity. 

From approximately September 2014 to early March 2015, Zapata also engaged in a relationship, using Facebook chat, with “Jane Doe 4,” a minor female.  In those communications, Zapata knowingly attempted to persuade, induce and entice “Jane Doe 4” to engage in various sexual acts with him.  Zapata knew she was under age 17.  In his first communication with “Jane Doe 4,” Zapata offered to pay her $100 if she would engage in a specific sex act with him.  The following month, “Jane Doe 4” asked Zapata to give her a ride.  He asked her if she would do anything for him if he gave her a ride, and she agreed that she would.  Approximately one week later, Zapata met with “Jane Doe 4,” and they engaged in sexual activity. 

The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Tom Green County Sheriff’s Office investigated the case.  Assistant U.S. Attorney Steven M. Sucsy was in charge of the prosecution.

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LUBBOCK, Texas — Gerald Allen Williams, 55, of Roscoe, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to 33 months in federal prison and ordered to pay $410,094.98 in restitution, following his guilty plea in April 2015 to one count of wire fraud stemming from a fraudulent invoicing scheme he ran while working at Chevron Pipe Line Company.  The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.

Judge Cummings ordered that Williams surrender to the Bureau of Prisons on or before 2:00 p.m. on September 25, 2015.

According to documents filed in the case, Williams worked as a Project Coordinator at Chevron Pipe Line Company’s Roscoe, Texas, facility.  He was responsible for ensuring the completion of several construction and maintenance projects. 

E.D. Walton Construction Company (EDW) out of Snyder, Texas, was a Chevron contractor that performed various construction and maintenance projects for Chevron.

Sometime around 2006-2007, according to plea documents filed, Williams approached EDW about a fraudulent invoicing scheme.  EDW would create fictitious invoices and submit them to Chevron through the Arriba System, Chevron’s system for receiving and paying invoices.  Williams would approve the fictitious invoices for payment, and the fictitious invoices would be processed for payment to EDW.  Once EDW received payment for the fictitious invoices, it would pay Williams, in cash, the exact amount of the fictitious invoice.  EDW did not receive any of the proceeds from the fictitious invoicing; Williams received all the proceeds.  The scheme continued until approximately December 2011.

Williams admitted that he knowingly devised or intended to devise the scheme to defraud Chevron of money by means of false and fraudulent invoices.  He further admitted he acted with the specific intent to deceive or cheat Chevron into thinking that EDW had completed various construction and maintenance projects for Chevron, when in fact, Williams knew EDW had not completed those projects.

The FBI investigated the case.  Assistant U.S. Attorney Jeffrey R. Haag prosecuted.

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