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21 September 2023
Van Buren Man Sentenced to More Than 10 Years in Federal Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
Fort Smith – A Van Buren man was sentenced today to 130 months in prison followed by three years of supervised release on one count of Possession of Methamphetamine with the Intent to Distribute. The Honorable P.K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court documents, in September 2022, a patrol officer with Van Buren Police Department attempted to perform a traffic stop on Philip Ray Jones, age 44. Jones failed to pull over and a high-speed chase ensued. Ultimately Jones abandoned his vehicle in a residential area and tried to flee on foot. During the foot pursuit Jones dropped a bag on the ground. A search of Jones and the bag yielded methamphetamine, cash, a digital scale and other illegal controlled substances.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Drug Enforcement Administration, Van Buren Police Department and Crawford County Sheriff’s Office investigated the case.
Assistant U.S. Attorneys Carly Marshall and Tyler Williams prosecuted the case.
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov.
Vallejo Man Indicted for Assaulting Federal Agents with a Firearm and Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Sean Thomas Delapp, 37, of Vallejo, charging him with assaulting federal officers with a deadly weapon and being a felon in possession of a firearm and ammunition, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Delapp assaulted two FBI special agents by chasing them with his car, pulling up alongside them, and aiming a firearm at them through the window, making a recoil motion with the firearm. A subsequent search warrant at his residence resulted in the discovery of a Glock 29 firearm, ammunition, and various firearm parts. Delapp is prohibited from possessing firearms or ammunition because he was previously convicted of a felony evasion offense.
This case was the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
If convicted, Delapp faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
United States Attorney Brandon B. Brown Convenes Annual Training, Leadership Development and Award Conference in Bossier CityRead the Press Release
SHREVEPORT, La. – United States Attorney Brandon B. Brown announced today that the Western District of Louisiana’s United States Attorney’s Office Annual Training and Leadership Development Conference will be held September 20-22, 2023, at the Bossier Parish Sheriff Substation in Bossier City, LA. The district is headquartered in Shreveport with approximately 50 employees and has a branch office in Lafayette with roughly another 40 employees. The annual conference is the only time over the course of each fiscal year when the District’s employees convene in one location and the conference usually rotates between the Shreveport and Lafayette areas.
Sheriff Julian Whittington assisted U.S. Attorney Brandon B. Brown with the opening of the conference. The remainder of the agenda for the conference included presentations by: Chief District Judge Terry Doughty, General Counsel for the Executive Office for United States Attorneys (EOUSA) Jay Macklin, Deputy Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives Marvin Richardson EOUSA White Collar Crime & Covid-19 Fraud Coordinator Mandy Riedel and EOUSA Attorney Advisor Cristina Burbach. Additionally, Britney Green, Susette Bryant and retired Assistant United States Attorney William J. Flanagan will conduct leadership development sessions and renowned trial attorney, Roger Dodd of the Dodd Trial Skills Clinic will instruct on cross examination strategy and techniques.
The conference also included several team building exercises and for the first time a district award’s luncheon. During the luncheon, US Attorney Brown recognized the exceptional work of federal, state and local law enforcement officers, Assistant United States Attorneys and members of the district’s professional staff for their efforts in outstanding investigations, prosecutions, appellate advocacy and leadership over the last fiscal year. “Over the years, we have given out awards at our conference, but I wanted to put more of an emphasis on the awardees’ work this year with a luncheon. Every day, the men and women of this district have accepted the calling to show up and give the government an honest day’s work and it is incumbent upon upper management to celebrate them for their achievements. Likewise, law enforcement officers across the district have collaborated with us as partners to help keep our communities safe, hold those accountable who defraud the government and those who violate the civil rights of the citizens of this district,” said United States Attorney Brown. “Today’s awardees exemplify that it takes a team effort from our attorneys, professional staff and our law enforcement partners to support and defend the Constitution of the United States to the best of our ability.”
The following case related awards were announced by U.S. Attorney Brown:
Outstanding Appellate Award
Awarded to the following for outstanding appellate advocacy in the prosecution of United States v. William Holdman.
Recipients: Assistant United States Attorney Michael Shannon
Assistant United States Attorney Forrest Phillips
Legal Assistant Stephanie Stewart
Paralegal Specialist Lisa Alwert
Special Agent Brad Rabalais, U.S. Department of Wildlife & Fisheries
Game Warden Kurt Hatten, LA Department of Wildlife & Fisheries
Outstanding Affirmative Civil Enforcement Award
Awarded to the following for the investigative and prosecutive efforts in a civil action to recover government money lost to fraud and other misconduct in the matter of US ex rel Goodley, Acadiana Management Group, Lafayette Physical Rehabilitation Hospital & Dr. Carolyn Smith.
Recipients: Assistant United States Attorney Missy Theriot
Legal Assistant Tanya Trahan
Special Agent Rita Bergeron, Department of Health & Human Services
Outstanding Defensive Litigation Award
Awarded to the following for the civil defensive employment law litigation on behalf of the United States in the matter of Steven Katz v. Christine Wormuth.
Recipients: Assistant United States Attorney Jennifer Frederick
Paralegal Specialist Terri Comeaux
Outstanding Civil Rights Prosecution Award
Awarded to the following for superior investigative and prosecutive performance in the hate crime related matter of United States v. Chance Seneca.
Recipients: Deputy Criminal Chief Myers Namie
Former Assistant United States Attorney Robert Abendroth
Legal Administrative Specialist Melissa Morris
Paralegal Specialist Jennifer Broussard
Special Agent Dan English (Ret.), Federal Bureau of Investigation
Outstanding Organized Crime Drug Enforcement Task Force/Narcotics Prosecution Award
Awarded to the following for superior performance in the thwarting of drug/narcotics trafficking in the matter of United States v. Brian Broussard.
Recipients: Assistant United States Attorney Daniel Vermaelen
Paralegal Specialist Denise Duhon
Special Agent Doug Herman, Federal Bureau of Investigation
Special Agent Bobby Bodin, Bureau of Alcohol, Tobacco & Firearms
Outstanding Public Corruption Prosecution Award
Awarded to the following for an investigation revealing conduct that affected government integrity and/or offenses involving public official misconduct in the prosecution of United States v. Harold Wayne Sanford, Jr.
Recipients: Special Counsel to United States Attorney Alexander C. Van Hook
Legal Assistant Kristi Viola
Paralegal Specialist Emily Favrot
Legal Administrative Specialist Ginger Green
Legal Administrative Specialist Melissa Morris
Secretary to USA Tanya’ Porter
Victim Witness Coordinator Vicki Chance
Special Agent Raquel Mobley, Federal Bureau of Investigation
Outstanding Violent Crime/Domestic Terrorism Prosecution Award
Awarded to the following for outstanding performance in an investigation leading to the arrest and prosecution of an individual who committed acts of violent crime in the prosecution of United States v. Daniel Aikens.
Recipients: Assistant United States Attorney Jamilla Bynog
Assistant United States Attorney Daniel McCoy
Assistant United States Attorney LaDonte Murphy
Paralegal Specialist Emily Lanphier
Legal Administrative Specialist Melissa Morris
Victim Witness Coordinator Vicki Chance
Special Agent Theresa Mesa, Bureau of Alcohol, Tobacco & Firearms
Special Agent Andrew Erdmann, Bureau of Alcohol, Tobacco & Firearms
Outstanding White Collar Fraud Prosecution Award
Awarded to the following for outstanding performance in white collar crime involving bankruptcy fraud and tax evasion in the prosecution of United States v. Joseph Boswell.
Recipients: Assistant United States Attorney Cytheria Jernigan
Criminal Chief Earl Campbell
Paralegal Specialist Emily Lanphier
Legal Administrative Specialist Laura Borque
Victim Witness Coordinator Vicki Chance
Special Agent Cory Moton, Internal Revenue Service
Special Agent Holly Deshotel, Internal Revenue Service
Outstanding White Collar Fraud Prosecution Award
Awarded to the following for outstanding performance in white collar crime involving Cares Act (Covid-19) fraud in the prosecution of United States v. Michael A. Tolliver.
Recipients: Assistant United States Attorney Seth Reeg
Legal Assistant Kristi Viola
Special Agent Darrin Heusel, Internal Revenue Service.
Additional federal, state and local law enforcement officers were also recognized for overall exemplary performance in violent crime investigative efforts and they are as follows: Bureau of Alcohol, Tobacco & Firearms Special Agent Christina Curtis, Drug Enforcement Administration Special Agent Travis Coyman, Federal Bureau of Investigation Special Agent Heath White, Deputies Steven Shankle and Erik Wikstrom of the Bossier Parish Sheriff’s Office, Deputy Brent Young of the Calcasieu Parish Sheriff’s Office, Detective Anthony Cowan of the Monroe Police Department, and Shreveport Police Department officers/analysts Stacy Coleman, Sara Gilmour, Erin Heflin, Donald Henry and Brent Ouzts.
Lastly, in late 2022, US Attorney Brown convened a community advisory group called “Focusing on the Future” that U.S. Attorney Brown meets with on a monthly basis. This group will be recognized for their contributions to the U.S. Attorney’s Office in an advisory role in terms of violent crime prevention strategies and civil rights awareness matters. Members of that group are: Mario Chavez, MersaTech; Dr. Jerome Cox, We Care Ministries Outreach Program; Dr. Lamar Goree, Caddo Parish Schools; Dr. John Henson, Church for the Highlands; Dr. Theron Jackson, Morning Star Baptist Church; Ms. Von Jennings, City of Shreveport; Rev. Lee Jeter, Bossier Parish NAACP; Mansfield Mayor Thomas Jones, Ms. Debbie Martin, Roberts & Murphy, Inc.; Dr. Russell Minor, Community Renewal; Dr. Heath Peloquin, Summer Grove Baptist Church; Oil City Mayor James Sims; Clay Walker, Caddo Parish Assistant Administrator; Billy Wayne, Urban Support Agency, Inc.; and Ryan Williams, Seedlinks Behavioral Management. “I have learned a great deal this year from this group, and they have educated me on ways prosecutors, law enforcement and the community can work together for the common good. Simultaneously, my goal was to educate the group on how the Department of Justice and our local district functions so that citizens will start to have a better understanding of what our purpose is and why we exist,” said U.S. Attorney Brown.
For more information on the Western District of Louisiana’s U.S. Attorney’s Office, its priorities and resources available to help the community, please visit https://www.justice.gov/usao-wdla.
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Union Financial Secretary from Franklinton Louisiana Sentenced for Stealing Union FundsRead the Press Release
NEW ORLEANS, LOUISIANA – BRIAN GERALD, age 51, a resident of Franklinton, Louisiana, was sentenced yesterday by U.S. District Judge Lance M. Africk to (5) five years of probation and (6) six months of house arrest for stealing money from a local labor union, announced United States Attorney Duane A. Evans. The Court also ordered GERALD to pay restitution in the amount of $112,594.18.
According to court records, GERALD was the Financial Secretary of United Steelworkers Local 13-189. GERALD was responsible for organizing Local 13-189’s financial records, keeping an accounting of its income, and filing IRS forms and reports. GERALD was also responsible for maintaining Local 13-189’s debit card in a safe location. From January 2015 through September 2020, GERALD used the union’s debit card to make 493 ATM cash withdrawals totaling $107,387.90 in cash and fees. GERALD also used the union’s debit card to make payments for his personal accounts for a total of $36,589.41. GERALD misappropriated a total of $143,977.31 of union funds.
U.S. Attorney Evans praised the work of the U.S. Department of Labor in investigating this matter. Assistant U. S. Attorneys Rachal Cassagne of the Narcotics Unit and Troy Bell of the General Crimes Unit are in charge of the prosecution.
Ugandan Man Sentenced to 121 Months in Federal Prison for Money Laundering ChargeRead the Press Release
DAVENPORT, IA – A Ugandan man was sentenced on Wednesday, September 20, 2023, to 121 months in prison for Conspiracy to Commit Money Laundering.
According to public court documents, Kingsley Ogbeide, 50, also known as “James Oreye,” “Emmanual Richson,” and “King,” was involved in a business email compromise (BEC) scam which defrauded a business within the Southern District of Iowa. Ogbeide worked with co-conspirators and co-defendants to trick employees of legitimate businesses to change their bank information via email. Large sums of money were subsequently wired to illegitimate bank accounts controlled by fraudsters. Ogbeide worked as a top-level conspirator arranging and communicating on which fraudulent bank accounts would receive illegally obtained funds and managed how the funds would be distributed to other members of the conspiracy. Ogbeide admitted to helping to manage fraudulent activity totaling between approximately $3.5 million and $9.5 million.
Following his prison sentence, Ogbeide was ordered to serve three years of supervised release. There is no parole in the federal system. Ogbeide was ordered to pay about $1.5 million in restitution to 16 victims.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Federal Bureau of Investigation investigated the case.
U.S. Government Contractor Arrested on Espionage ChargesRead the Press Release
A U.S. government contractor was arrested on Aug. 24 based on espionage charges in a complaint unsealed today. Abraham Teklu Lemma, 50, a naturalized U.S. citizen of Ethiopian descent, of Silver Spring, Maryland, is charged with delivering national defense information to aid a foreign government, conspiracy to deliver national defense information to aid a foreign government, and the willful retention of national defense information.
According to the criminal complaint, between on or about Dec. 19, 2022, and Aug. 7, 2023, Lemma copied classified information from intelligence reports and deleted the classification markings from them. Lemma then removed the information, which was classified as SECRET and TOP SECRET, from secure facilities at the Department of State. This material related to a specific country and/or geographic region. Lemma accessed, copied, removed, and retained this information without authorization.
According to the charging documents, Lemma used an encrypted application to transmit classified national defense information to a foreign government official associated with a foreign country’s intelligence service. In these communications, Lemma expressed an interest and willingness to assist the foreign government official by providing information. In one communication, the foreign official stated, “[i]t’s time to continue ur support.” Lemma responded, “Roger that!” In other chats, the foreign official tasked Lemma to focus on information related to particular subjects, and Lemma responded “[a]bsolutely, I have been focusing on that all this week . . . .” As alleged in the criminal complaint, the classified national defense information Lemma transferred to the foreign official included satellite imagery and other information regarding military activities in the foreign country and region.
The two espionage charges carry a potential penalty of death or any term of years up to life in prison, and the willful retention charge carries a maximum penalty of 10 years in prison. A federal judge will determine any sentence based on the U.S. Sentencing Guidelines and other statutory factors.
The FBI’s Washington Field Office, the State Department’s Diplomatic Security Service, and the Justice Department’s Office of the Inspector General are investigating the case.
Assistant U.S. Attorneys Tejpal Chawla and Alexandra Hughes for the District of Columbia and Trial Attorneys Heather Schmidt and Kathryn DeMarco of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Lemma complaint Lemma affidavitTwo Shipping Container Cases Between Arizona and Federal Officials DismissedRead the Press Release
Two cases between Arizona and Federal officials involving shipping containers were voluntarily dismissed on Sept. 15. Both cases generated national media attention regarding the State of Arizona’s unauthorized installation of shipping container barriers on federal property at the international border with Mexico. In the first case, the then-governor brought a declaratory action against the U.S. Bureau of Reclamation and the U.S. Forest Service, claiming that Arizona was legally entitled to install shipping containers at the border. The United States followed with an affirmative lawsuit against various Arizona officials that sought a halt to the project, removal of the shipping containers and damages for trespass, ejectment, interference with easements and other constitutional violations on federal lands.
Immediately upon the filing of the United States’ lawsuit, the State agreed to stop the installation project and to remove all the shipping containers from federal lands. Both cases were then stayed pending further resolution between the parties. During the stay, Arizona removed all shipping containers from United States’ properties and completed extensive remediation work on National Forest lands that had been damaged by the installation and subsequent removal of the shipping containers. Arizona also paid the United States an additional $2.1 million dollars under a Collection Agreement to allow the U.S. Forest Service to complete additional remediation and revegetation work along the border.
“We worked to ensure that U.S. property rights and agency missions were respected especially since the placement of the shipping containers by the State of Arizona abutted on our international border with Mexico,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We appreciate the collective support of U.S. Attorney Restaino and his office, the Department of the Interior and the Department of Agriculture in seeing this situation through, including remediating the land where the containers were placed.”
“Comprehensive border solutions require collaboration and common sense,” said U.S. Attorney Gary Restaino for the District of Arizona. “When Arizona unilaterally placed hundreds of shipping containers on tribal and federal land back in 2022, it made the border less safe. The containers have now been removed and the land restored. Thanks to the Department of the Interior (through the Bureau of Reclamation) for supporting the rights of the Cocopah Tribe, and to the Department of Agriculture (through the Forest Service) for its vigilance against environmental degradation.”
Because Arizona has resolved its trespass and remediated or paid to remediate the damage to federal property, the United States determined that its lawsuit was no longer necessary and voluntarily dismissed the litigation.
Senior Trial Attorneys Andrew Smith and Shaun Pettigrew of the Environment and Natural Resources Division's Natural Resources Section prosecuted the cases.
Two Drug Traffickers Sent to Prison for Decades for the Execution-Style Murder of Two MenRead the Press Release
DETROIT – Two drug traffickers were sentenced to 25 and 30 thirty years in prison for murdering two individuals over a drug debt, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by Acting Special Agent in Charge Devin J. Kowalski, Federal Bureau of Investigation, Detroit Division.
Mariano Garcia, age 53, of Brownsville, Texas, was sentenced by United States District Judge Terrence G. Berg to a 25-year prison term. His co-defendant Michael Griffin, age 40, of Birmingham, Alabama, was sentenced by Judge Berg to 30 years in prison. Both men previously pleaded guilty to (1) conspiracy to possess with intent to distribute cocaine and heroin, (2) interstate travel with the intent to kill or injure where death resulted, and (3) interstate travel in aid of illegal activity where death resulted.
As part of their guilty pleas, both Garcia and Griffin admitted to engaging in a long-term drug trafficking conspiracy involving cocaine supplied by Garcia in Texas and distributed by Griffin and others in Birmingham, Alabama, and Detroit, Michigan. At his plea, Garcia admitted to encouraging Griffin to travel from Alabama to Detroit to collect a drug debt from a Detroit-based member of the conspiracy. In December 2016, Griffin and another individual came to Detroit for the purpose of killing that member of the conspiracy. After coming to the conspirator’s home, Griffin and the other individual tied up and shot to death the Detroit-based co-conspirator and another man. They used pillows to muffle the sounds of the gunshots. At his plea, Garcia, who remained in Texas, also admitted he encouraged Griffin to hurt the co-conspirator to collect the drug debt. After the murders, Griffin and Garcia returned to their drug business. Garcia and Griffin also admitted that they had distributed between 50 and 150 kilograms of cocaine during the conspiracy.
“Today’s sentences should serve as a warning to drug dealers who commit violence in our community that my office will use every resource at its disposal to bring you to justice. I am hopeful that the families of the victims will receive some measure of solace from these substantial sentences.” U.S. Attorney Ison said.
“Our hope is that today's sentencings bring a sense of relief and justice to the victims’ families, whose loved ones were murdered to further a drug distribution conspiracy,” said Devin J. Kowalski, Acting Special in Charge of the FBI’s Detroit Field Office. “The defendants' actions were indefensible, cruel, and unjust. We are grateful for our federal, state, and local partners who worked so closely to solve this case.”
The case was investigated by special agents of the Federal Bureau of Investigation, Drug Enforcement Administration, and Detroit Police Department’s Homicide Task Force. It was prosecuted by Assistant U.S. Attorneys Rajesh Prasad and Robert Moran.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF
Texas Man Pleads Guilty to Conspiring with Former ValueWise CEO Michael Mann to Defraud LendersRead the Press Release
ALBANY, NEW YORK – Derek R. Schwartz, age 54, of Coppell, Texas, pled guilty today to conspiring with former ValueWise CEO Michael T. Mann to defraud companies that loaned millions of dollars to ValueWise subsidiaries.
United States Attorney Carla B. Freedman and Alfred Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
Schwartz pled guilty to one count of conspiring to commit wire fraud and four counts of wire fraud.
Mann obtained millions of dollars in loans from two financing companies, located in New York and Colorado, respectively, by falsifying his companies’ receivables. Mann falsely told the financing companies that Minnesota-based UnitedHealth Group Incorporated (“UHG”) and its subsidiary OptumInsight Inc. (“Optum”) owed millions of dollars to his Clifton Park-based companies. Mann routinely created fake invoices reflecting the fictitious debt and assigned them to the financing companies as collateral for loans.
Schwartz was a high-level executive at Optum, and then began working for ValueWise in October 2013. Until about August 2016, he operated TrueHR, LLC, a ValueWise subsidiary based in Dallas, Texas. He continued to work for ValueWise until its collapse in September 2019.
Schwartz was indicted in August 2021. In pleading guilty today, he admitted that in October 2013, he and Mann asked Luke Steiner, a UHG/Optum employee whom Schwartz used to supervise at Optum, to represent to the financing companies that the fake invoices created by Mann were valid and payable by Optum. With Schwartz’s encouragement, Steiner regularly made these false verifications for six years, ending in August 2019.
Schwartz also admitted he took these other actions in furtherance of the fraudulent scheme:
- In 2014 and 2015, he asked two other UHG/Optum employees to verify false invoices that Mann submitted to one of the financing companies, identified in the indictment as “Financing Company-1.” Schwartz instructed these employees to respond to Financing Company-1’s inquiries in the same manner as Steiner.
- From 2014 through 2019, Schwartz lied directly to one of Mann’s lenders, identified in the indictment as “Financing Company-2.” Mann falsely represented to Financing Company-2 that one of his companies, Weitz & Associates, needed loans in order to pay its vendors. As part of its due diligence process, Financing Company-2 verified, with Weitz’ purported vendors, that they were receiving payments from Weitz. One such purported vendor was TrueHR, a ValueWise company operated by Schwartz. In fact, TrueHR was not a Weitz vendor, and Schwartz regularly lied to Financing Company-2 about TrueHR receiving payments from Weitz – and continued to do so even after TrueHR ceased to exist as a company.
Sentencing is scheduled for January 24, 2024, before Senior United States District Judge Lawrence E. Kahn. On each count, Schwartz faces up to 20 years in prison and up to 3 years of post-imprisonment supervised release. The Government will be seeking $12,968,505.20 in restitution. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Mann, formerly of Saratoga County, New York, pled guilty to various crimes in connection with his fraudulent scheme, and was sentenced in August 2021 to 144 months in prison. Steiner pled guilty in February 2020 to conspiring with Mann and is scheduled for sentencing on November 9.
The FBI investigated this case, and Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck are prosecuting this case.
Tampa Fentanyl Dealer Sentenced to 15 Years for Leading A Drug Trafficking ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Kathryn Kimball Mizelle has sentenced Ahmoi Cecil Lewis (32, Tampa) to 15 years in federal prison for conspiracy to distribute fentanyl, cocaine, and methamphetamine, and armed drug trafficking. The court also ordered Lewis to forfeit $10,000 and five firearms. Lewis had pleaded guilty on June 27, 2023.
According to court documents, from October 2020 through February 2022, Lewis oversaw a drug trafficking organization operating in Tampa. Throughout the course of the conspiracy, Lewis distributed or caused to be distributed over 400 grams of fentanyl, over 100 grams of cocaine base, and over 28 grams of cocaine. In February 2022, law enforcement officers executed a search warrant at Lewis’s home in Tampa and seized 188 grams of fentanyl, over one kilogram of cocaine, 89 grams of methamphetamine, over eight kilograms of marijuana, three pistols, two assault rifles, a high capacity drum-style magazine, and $10,000 in cash.
This case was investigated by the Drug Enforcement Administration and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
St. Thomas Man Sentenced to 30 Months in Prison for Firearm ChargesRead the Press Release
St. Thomas, USVI – U.S. Attorney Delia L. Smith announced today that on September 8, 2023, St. Thomas resident Nijontea Walker, 21, was sentenced by Chief District Court Judge Robert A. Malloy to 30 months imprisonment followed by 30 months supervised release for possessing a firearm with an obliterated serial number and for possessing a firearm within 1,000 feet of a school zone.
According to court documents, Walker was arrested after an April 8, 2020 incident which occurred while Virgin Islands Police Department (VIPD) officers were patrolling the Hospital Ground neighborhood in St. Thomas due to recent shootings. VIPD officers pursued a group of individuals, including Walker, after the group ran when officers approached. Walker was observed holding a black bag containing an AK-47 firearm with an obliterated serial number. The bag and firearm were later recovered after being abandoned during the pursuit.
This case was investigated by VIPD and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and prosecuted by Assistant United States Attorney Kyle Payne.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
St. Louis County Man Sentenced to 15 Years in Prison for Selling Fake Pain Pills Containing FentanylRead the Press Release
ST. LOUIS – U.S. District Judge John A. Ross on Thursday sentenced a man to 15 years in prison for selling the fake prescription pain pills containing fentanyl that killed a St. Charles County man last year.
Andrew Kendall Edwards, 27, of St. Louis County, pleaded guilty in May to one count of distribution of fentanyl and one count of possession with the intent to distribute fentanyl. He admitted selling the pills containing fentanyl that killed the victim on Aug. 28, 2022.
After the man was discovered dead, investigators from the St. Charles County Police Department and the St. Charles County Regional Drug Task Force found four tablets in his bedroom. Two were imitation oxycodone tablets that contained fentanyl. Investigators also found text messages between the victim and Edwards. They then used the victim’s phone, posing as the victim, to arrange the purchase of more drugs from Edwards.
On Aug. 30, 2022, Edwards was arrested at the planned meeting spot with the tablets that he’d agreed to sell. He also had a Glock .40 caliber pistol and two more tablets in a bag inside the nearby building where he worked. Some of the tablets seized at Edwards’ arrest were imitation oxycodone tablets that contained fentanyl.
Edwards then admitted in an interview with St. Charles County Regional Drug Task Force and Drug Enforcement Administration investigators that he’d sold purported prescription tablets to the victim, who was also his friend and coworker, at least ten times, including the day before his death.
In a letter to Judge Ross, the victim’s mother wrote that her son had just started a new job and was on the road to recovery. His “life was changing, he just needed more time,” she wrote. She said her son knew the risks of fentanyl, and knew it could kill him, but was reassured by Edwards in a text message that the pills were real. The victim left behind a son, who was almost two years old at the time of the victim’s death.
"The callous disregard drug traffickers have for human life is obvious when you hear about cases like this one," said Assistant Special Agent in Charge Colin Dickey, lead of Drug Enforcement Administration investigations in Eastern Missouri. "For a few dollars, this man's action took a life, someone who mattered to his family and friends. DEA’s efforts on overdose death investigations with partner agencies like the St. Charles County Regional Drug Task Force reminds drug dealers that their conduct has penalties, which include plenty of time in prison to think about the impact of their actions.”
The case was investigated by St. Charles County Regional Drug Task Force and the Drug Enforcement Administration. Special Assistant U.S. Attorney Samantha Reitz prosecuted the case.
St. Croix Man Pleads Guilty to Firearm ChargeRead the Press Release
St. Croix, USVI – United States Attorney Delia L. Smith announced that Victor Hugo Cannegieter, II, 31, pleaded guilty in U.S. District Court in St. Croix to illegal possession of a machine gun. U.S. Magistrate Judge Emile A. Henderson, III set a sentencing date for January 5, 2024, Cannegieter faces a maximum sentence of 10 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
According to court documents, during the evening hours of June 7, 2023, Cannegieter arrived at Castaways Restaurant, located at Estate Solitude on St. Croix, in an inebriated state. Cannegieter engaged in a verbal altercation with two men, before being asked to leave Castaways by the bartender. Later that same evening, Cannegieter returned to Castaways and engaged in a physical brawl with two women. During that brawl, Cannegieter attempted to pull a .40 caliber Glock pistol out of his waistband. The bartender wrestled the pistol from Cannegieter and kept it away from him. Virgin Islands Police Department (VIPD) officers subsequently arrived at the scene and placed Cannegieter under arrest.
Upon examination, law enforcement authorities determined that the pistol had been fitted with a “chip,” which is a part designed and intended for use in converting a firearm into a weapon capable of fully automatic fire, without manual reloading, by a single function of the trigger. The pistol was fully operable and it had been fitted with an extended magazine that had been loaded with 27 rounds of ammunition.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case with the assistance of the VIPD. Assistant U.S. Attorney Evan Rikhye is prosecuting the case.
###Schuylkill County Man Pleads Guilty to Methamphetamine TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Javier Guzman, age 51, of Pottsville, Schuylkill County, pleaded guilty on September 20, 2023, before U.S. District Court Judge Robert D. Mariani, to the charge of possession with intent to distribute crystal methamphetamine.
According to United States Attorney Gerard M. Karam, Guzman admitted to possessing between 50 and 200 grams of high-quality crystal methamphetamine for distribution in the Schuylkill County area in 2022. The charge stems from an investigation in which investigators made purchases of high-quality crystal methamphetamine from Guzman in March 2022 in Schuylkill County.
The charge against the defendant resulted from an investigation conducted by the Federal Bureau of Investigation and the Schuylkill County Drug Task Force. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Under federal law the charge carries a maximum sentence of up to twenty years in prison, a term of supervised release and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Round Rock Pastor Sentenced to Federal Prison for Child PornographyRead the Press Release
AUSTIN, Texas – A Georgetown man was sentenced in a federal court in Austin on Wednesday to 70 months in prison and 10 years of supervised release for an enhanced charge of possession of child pornography.
According to court documents, David Lloyd Walther, 57, knowingly searched for, downloaded, distributed and possessed child sexual abuse material, including child pornography—some of which depicted prepubescent minors—using BitTorrent, a peer-to-peer file sharing network. During a search of Walther’s home and vehicle in November 2022, two large computer hard drives were located and found to contain more than 100,000 images and more than 5,000 videos of child sexual abuse material. At the time of his arrest, Walther was the pastor of Faith Baptist Church in Round Rock.
In addition to the prison and supervised release terms, the judge also ordered Walther to pay restitution of $61,000.
“Many families in the Round Rock area placed their trust in this man when he served as a leader in faith for their community,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I hope that those families can find comfort in knowing our law enforcement partners and justice system are committed to protecting them, ensuring that predators such as Walther cannot continue to pose a threat to innocent children.”
“This case was especially disturbing given the defendant’s position of trust in the community,” said Special Agent in Charge Oliver E. Rich, Jr. for the FBI San Antonio Division. “This sentencing sends a strong message to child predators that the FBI and our law enforcement partners will never relent in our duty to protect children from sexual abuse and exploitation wherever these crimes are present in our nation.”
The FBI San Antonio Division's Child Exploitation and Human Trafficking Task Force investigated the case with assistance from the Round Rock Police Department, the Collin County Sheriff’s Office, the Williamson County Sheriff's Office and the Williamson County Children's Advocacy Center.
Assistant U.S. Attorney Matthew Devlin prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Rochester Man Sentenced to 15 Years in Prison for Sexually Exploiting a MinorRead the Press Release
CONCORD – A Rochester man was sentenced today in federal court for sexually exploiting a minor, U.S. Attorney Jane E. Young announces.
Richard Crispin, 26, was sentenced by Chief U.S. District Court Judge Landya McCafferty to 15 years in prison and 10 years of supervised release. Crispin plead guilty to sexual exploitation of a minor on June 15, 2023
“Sexually exploiting children is a particularly heinous crime,” said U.S. Attorney Jane E. Young. “Thanks to the survivor’s courage, the defendant will no longer be able to abuse other vulnerable minors. The U.S. Attorney’s Office will continue to work tirelessly with our law enforcement partners to prevent the production of child sexual abuse material and ensure that those who produce such material are prosecuted and sentenced to long periods of incarceration.”
“Crispin abused and exploited a minor for years, creating videos documenting his abuse and soliciting her to send him even more. It takes real bravery to come forward to report an abuser, and HSI commends this survivor for speaking up. Today’s sentence ensures Crispin will be behind bars and unable do harm for a long time,” said Michael Krol, Special Agent in Charge for Homeland Security Investigations in New England.
According to documents and statements made in Court, the defendant engaged in sexual acts with a minor beginning when the minor was fourteen years old. The defendant made videos depicting some of these sexual acts, which are the subject of the federal charges. The defendant also requested that the survivor send him sexually explicit images via text message. The offense took place over an extended period of time and came to light when the survivor disclosed her contacts with the defendant to a school resource officer. The defendant has pending state charges in both New Hampshire and Maine related to the same survivor.
Homeland Security Investigations led the investigation. Valuable assistance was provided by Somersworth Police Department, Stratford County Sheriffs Office, Rochester Police Department and North Berwick, Maine Police Department. Assistant U.S. Attorneys Cam Le and Kasey Weiland prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
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Retired San Angelo Police Officer Sentenced to 35 years for Possession of Child Sexual Abuse MaterialRead the Press Release
A retired San Angelo Police Officer was sentenced to a term of 420 months imprisonment and a lifetime of supervised release for possession of child pornography, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Ricky Lynn Keeling, 62, was indicted in March 2023 and pleaded guilty in May 2023 to three counts of possession of child pornography involving a prepubescent minor. Mr. Keeling was sentenced Thursday by U.S. District Judge James Wesley Hendrix, who also ordered him to pay a $15,000 assessment for the Justice for Victim’s of Trafficking Act, and a $51,000 assessment for the Amy, Vicky, and Andy Child Pornography Victim Assistance Act.
“Crimes involving child pornography are some of the most serious that the Department of Justice prosecutes,” said U.S. Attorney Leigha Simonton. “For a former law enforcement officer to possess child pornography is more than shocking—it is despicable. Our office will not let such crimes against children happen without repercussion.”
“We swear an oath to protect and serve and the sentence imposed today will ensure the community that no matter who you are, you will be held accountable for your actions,” said HSI Dallas Special Agent in Charge Lester R. Hayes Jr. “HSI Dallas will never relent in our pursuit to protect children from predators.”
"The gravity of this situation cannot be overstated and our agency's commitment to the safety of our community remains unwavering. Crimes perpetrated against children are of the most serious in nature and cannot be tolerated. As soon as we became aware of these disturbing allegations against retired San Angelo Police Officer Rick Keeling, we immediately referred the matter to the Tom Green County Sherriff's Office and the Department of Homeland Security for investigation,” said San Angelo Police Chief Frank Carter
According to plea documents, Mr. Keeling’s roommate inadvertently discovered child pornography on Mr. Keeling’s computer. The roommate reported the discovery to law enforcement and an investigation began. Mr. Keeling admitted to officers that he searched for prepubescent material up to three times a week and had been looking at child pornography since 2005.
Homeland Security Investigations’ San Angelo Field Office and the Tom Green County Sheriff’s Office, conducted the investigation, with support from the San Angelo Police Department. Assistant U.S. Attorney Callie Woolam prosecuted the case.
Queens Physician Settles Health Care Fraud Claims for $1.3 Million and Enters into Integrity Agreement to Ensure Future ComplianceRead the Press Release
Breon Peace, United States Attorney for the Eastern District of New York, announced today a settlement agreement with Queens-based physician Arun Arora. The settlement agreement addresses allegations that Dr. Arora violated the federal False Claims Act by billing Medicare for critical care services to residents of nursing homes when, in fact, he provided only routine care.
“Our Medicare program, which provides health care services to the elderly, works only if its funds are expended properly,” stated United States Attorney Breon Peace. “When health care providers overbill the program, Medicare cannot ensure that services are going to the people who need them most.”
Mr. Peace thanked the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation for its work on this case.
Dr. Arora provided care to residents of nursing homes. That care was, for the most part, routine care, such as regular medical checkups. The Government contends that, rather than billing for his services as routine care, Dr. Arora billed Medicare for critical care services. Critical care services involve imminent life-threatening deterioration of the patient’s condition. Medicare reimburses health care providers at a higher rate for critical care services than for routine care. By billing for critical care services when he provided only routine care, as the Government contends, Dr. Arora received extra payment for care that he did not provide.
Under the terms of the agreement with the United States, Dr. Arora will pay $1.3 million for conduct that took place in the years 2019 to 2023. In addition to the payment to resolve the government’s fraud claims, Dr. Arora has entered into a separate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General. The Integrity Agreement imposes a number of obligations on Dr. Arora, all of which are meant to ensure that he complies with Medicare rules and regulations going forward.
The claims resolved by the settlement are allegations only and there has been no admission of or determination of liability.
The case is being handled by Assistant U.S. Attorney Michael Blume of the Office’s Civil Division.
Quad City Man Sentenced to 21 Months in Prison Related to EscapeRead the Press Release
DAVENPORT, IA – A Quad City man was sentenced on yesterday to 21 months in federal prison for escape.
According to public court documents, and evidence presented at sentencing, Maurice La’Von Cowan, 31, had been transferred from federal prison to the Residential Re-entry Center to serve the remainder of his federal prison sentence stemming from a conviction for being a felon in possession of a firearm. On February 18, 2023, Cowan walked out of the Residential Re-entry Center. Staff members noticed Cowan was not in his bed when conducting a head count. Surveillance footage showed Cowan leaving the center around 5:00 p.m. Cowan was arrested on May 2, 2023.
After completing his term of imprisonment, Cowan will be required to serve three years of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the United States Marshals Service.
Port Charlotte Armed Career Criminal Pleads Guilty to Methamphetamine and Heroin Distribution Offenses and to Possessing A Firearm as A Convicted FelonRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Michael Edward Lindsey (47, Port Charlotte) has pleaded guilty to possessing a firearm as a convicted felon and possessing a controlled substance with the intent to distribute it. Under the Armed Career Criminal Act, Lindsey faces a minimum mandatory sentence of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Lindsey is a multi-time convicted felon for narcotics distribution and violent offenses dating back to 1996. On June 9, 2022, officers from the North Port Police Department (NPPD) conducted a traffic stop in the area of 12145 Tamiami Trail in North Port and found Lindsey in possession of a Smith & Wesson Bodyguard .380 caliber pistol loaded with five rounds of ammunition and approximately 1.6 grams of methamphetamine. As NPPD officers approached Lindsey’s vehicle, Lindsey consumed a large quantity of drugs by emptying the contents of a bag into his mouth. The 1.6 grams of methamphetamine were all that NPPD could recover after Lindsey had consumed the remainder.
On November 13, 2022, NPPD officers arrested Lindsey on an active warrant. During a search incident to his arrest, the officers found Lindsey in possession of distribution quantities of methamphetamine and heroin.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the North Port Police Department. It is being prosecuted by Assistant United States Attorneys David W.A. Chee and Samantha C. Beckman.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Plainview Man Sentenced for Filing a False Tax ReturnRead the Press Release
Acting United States Attorney Susan Lehr announced that Joseph T. Pearce, II, 41, of Plainview, Nebraska, was sentenced on September 20, 2023, in federal court in Omaha, Nebraska, for filing a false tax return. United States District Judge Brian C. Buescher sentenced Pearce to four years’ probation. Judge Buescher also order Pearce to pay $200,411.33 in restitution.
Pearce owned and operated a painting and maintenance business between 2014 and 2018 in Nebraska and Texas. Pearce’s tax returns for 2014 through 2018 reported profit from the painting and maintenance business. Pearce signed each of the tax returns under penalties of perjury, declaring that he examined a copy of the tax returns and that they were true, correct, and complete. At the time Pearce made the written declaration for each tax year, Pearce knew the reported income in the tax returns for each tax year was not correct.
An investigation conducted by the Internal Revenue Service determined that for tax years 2014 through 2018, Pearce filed tax returns that reported substantially less income than had been actually paid to Pearce’s painting and maintenance business. The Internal Revenue Service’s investigation included interviews of Pearce’s clients and review of Pearce’s financial records. The Internal Revenue Service determined that Pearce’s tax returns failed to report $760,629 in income from between 2014 and 2018. Taxes owed to the Internal Revenue Service on the unreported income total $200,411.
This case was investigated by the Internal Revenue Service, Criminal Investigations.
Picayune Man Sentenced to 52 Months in Prison for Conspiracy to Possess with Intent to Distribute MethamphetamineRead the Press Release
Gulfport, Miss. – A Picayune man was sentenced to 52 months in federal prison for conspiracy to possess with intent to distribute methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Justin Paul Berry, Jr., 35, was sentenced in U.S. District Court in Gulfport.
According to court records, in 2015, an investigation began into a large-scale drug trafficking organization (DTO), located largely in Picayune, MS (Pearl River County). In 2018, Justin Paul Berry, Jr. was identified as being part of the conspiracy. Federal Agents determined that Berry was responsible for the exchange of narcotics and currency in furtherance of the large-scale drug trafficking organization.
Berry pled guilty on June 21, 2023 to conspiracy to possess with intent to distribute methamphetamine.
The case was investigated by the Drug Enforcement Administration and Homeland Security Investigations.
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor- led, intelligence driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Philip George Turner Sentenced to 17 Years for Distribution and Possession of Child Pornography and Felon in Possession of A FirearmRead the Press Release
KNOXVILLE, Tenn. – On September 21, 2023, Philip George Turner, 39, currently of Kingston, TN, was sentenced to 204 months by the Honorable Katherine A. Crytzer, United States District Judge, in the United States District Court for the Eastern District of Tennessee at Knoxville.
As part of the plea agreement filed with the court, Turner waived an indictment by a Federal Grand Jury and agreed to plead guilty to an information charging him with, one count of distribution of child pornography in violation of 18 U.S.C. § 2252A(a)(1)(2); one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B); and, one count of felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). Following his incarceration, Turner will be on supervised release for 20 years and will be required to register with state sex offender registries and to comply with special sex offender conditions.
According to court records, in May 2022, local law enforcement received a tip from an out of state undercover officer that Turner was distributing child pornography on an Internet site. The Federal Bureau of Investigation (FBI) became involved as the FBI was also investigating a Cybertip that asserted Turner uploaded 120 files of child pornography containing still images and videos. As the investigation progressed, law enforcement learned that Turner was on parole for convictions from Illinois.
In June 2022, law enforcement went to Turner’s home with a search warrant. Upon entering, multiple firearms were seen lying about the residence to which Turner admitted he was going to attempt to sell. The seizure yielded five pistols and ammunition, and child pornography.
U.S. Attorney Francis M. Hamilton III of the Eastern District of Tennessee; Special Agent in Charge, Joseph E. Carrico, of the FBI; and Special Agent in Charge, Marcus Watson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) made the announcement.
The criminal information was the result of an investigation by Agent Cortny Dugger and Criminal Investigator Chanel Finnell with the Tennessee Ninth Judicial District Attorney General Office-Internet Crimes Against Children’s Unit, the FBI, and ATF.
Assistant United States Attorney Jennifer Kolman represented the United States.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006, by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit www.justice.gov/psc.
For more information about internet safety education, please visit www.justice.gov/psc/resources.html and click on the tab "resources.”
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Omaha Man Sentenced to 10 Years for Drug Trafficking Conspiracy and Possession of a FirearmRead the Press Release
Acting United States Attorney Susan Lehr announced that Glenn Lemar Cass, 52, of Omaha, Nebraska, was sentenced today in Omaha by United States District Judge Brian C. Buescher for Conspiracy to Distribute more than 40 grams of fentanyl and Possessing a Firearm in Furtherance of a Drug Trafficking Crime. Cass was sentenced to 120 months in prison and will also serve 5 years on supervised release. There is no parole in the federal system.
On Dec. 29, 2021, the Omaha Police Department executed a search warrant on Cass’s North Omaha residence. Officers encountered Cass in the main floor hallway and secured him in handcuffs. Officers searched the residence and found 164 grams of fentanyl, a loaded .40 caliber handgun, and drug dealing paraphernalia in Cass’s bedroom closet. In the basement, officers located 782 grams of marijuana, 8.9 grams of heroin, more than 6 grams of fentanyl and $23,411. The money was found to be drug trafficking proceeds and forfeited to the United States at sentencing.
This case was investigated by the Omaha Police Department.
Omaha Man Sentenced for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, IA – An Omaha, Nebraska man was sentenced September 18, 2023 to 151 months in prison for Possession with Intent to Distribute Methamphetamine.
According to public court documents, Timothy James Monte, 58, was stopped for a traffic violation in November of 2022 in Council Bluffs. A search of Monte’s vehicle resulted in the seizure of approximately 6.5 ounces of pure methamphetamine.
Monte must serve a five-year term of supervised release following the prison term. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Iowa Division of Narcotics Enforcement investigated the case.
Oklahoman gets more than 37 years for kidnapping estranged wife by gunpointRead the Press Release
CORPUS CHRISTI, Texas – A 32-year-old resident of Yukon, Oklahoma, has been ordered to federal prison after his conviction of kidnapping and brandishing a firearm during the crime, announced U.S. Attorney Alamdar S. Hamdani.
The federal jury sitting in Corpus Christi deliberated for approximately three hours before convicting Joshua Anthony Wallin June 29 on both counts following a four-day trial.
U.S. District Judge David S. Morales has now ordered Wallin to serve 365 months in federal prison for the kidnapping charge to be immediately followed by 84 months for brandishing a firearm which must be served consecutively to the other term imposed. The total 449-month-term will be immediately followed by five years of supervised release. He was also ordered to pay the victim restitution. Before sentencing, Judge Morales took exception to Wallin’s statement that no one had been hurt. In imposing the prison term, the court into account all the pain Wallin caused to the victim and her family.
In the early morning hours of June 23, 2021, Wallin confronted his estranged wife at her home in Crescent, Oklahoma, holding her at gunpoint and subjecting her to a two-day ordeal. The jury heard how he took her and their one-year-old son on an arduous journey that culminated at a Corpus Christi restaurant.
The victim provided testimony describing her fear and how she was sexually assaulted before they left Oklahoma and again along the way. She also told the jury that at one point during the trip, Wallin said “at the end of the day someone is going to die.”
As they traveled though Texas, Wallin was aware of law enforcement, called 911 and began a series of conversations with them. He repeatedly made threatening statements about killing his wife and child, telling authorities they should not get too close. His driving became erratic, and law enforcement was able to use a tire deflation device to flatten a rear tire. He eventually crashed into a local restaurant.
They eventually arrived in Corpus Christi, at which time Wallin grabbed his son from the mother’s arms and carried him into the restaurant while pointing a gun at his son’s head. Upon entry, Wallin fired one shot into the ceiling and ordered the occupants out of the restaurant.
A two-hour stand-off then ensued. Wallin did speak with negotiators, but became increasingly agitated. As authorities gained entry, Wallin shot himself. The child was unharmed. Wallin recovered from his self-inflicted wound.
At trial, testimony revealed Wallin had performed internet searches on his phone the day before the kidnapping in an attempt to locate his estranged wife and to learn how people react when kidnapped.
The defense attempted to convince the jury that Wallin and the victim were on a vacation when things went horribly wrong. The jury did not believe those claims and found Wallin guilty as charged.
Wallin has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Corpus Christi Police Department and FBI conducted the investigation. Assistant U.S. Attorneys Michael Hess and Ashley Martin prosecuted the case.
Ocala Men Sentenced for Robbing Postal CarriersRead the Press Release
Orlando, Florida – United States District Judge Carlos E. Mendoza has sentenced Jacoby Jules Colon (20, Ocala) and Darius Rodney Capers (Ocala, 19) in connection with their robbery spree of postal carriers. Colon was sentenced to 10 years in federal prison for conspiracy to rob postal carriers, armed postal robbery, and brandishing a firearm in furtherance of a crime of violence. Capers was sentenced to 4 years and 9 months in federal prison for conspiracy to rob postal carriers and attempted robbery of a postal carrier. Both had pleaded guilty in July 2023.
According to court records, Colon and Capers robbed three postal carriers. In addition, Capers attempted to rob a fourth postal carrier. On September 14, 2022, Colon and Capers robbed a postal carrier in Ft. Lauderdale and stole his arrow key, which is a master key used to open U.S. mail receptacles. A few weeks later, on October 4 and 6, 2022, the men robbed two postal carriers in Orlando and stole their arrow keys. During the October 6 robbery, Colon brandished a firearm and threatened the carrier. During all three robberies, Capers was the lookout and getaway driver. On October 25, 2022, Capers attempted to rob a fourth postal carrier in Tampa but abandoned his effort when the carrier resisted.
Colon approaching the victim postal carrier on October 4, 2022.
Capers speeding away from the scene with Colon immediately after the robbery on October 4, 2022.
U.S. Postal Inspectors witnessed Capers and Colon using one of the stolen arrow keys to access a mail collection box in the parking lot of the Azalea Park Post Office in Orlando. The pair admitted to stealing mail to further engage in check fraud.
U.S. Postal Inspectors executed search warrants at a hotel in Orlando where Capers had been staying and at the homes of Colon and Capers in Ocala. They recovered several pieces of stolen mail, fraudulent checks, ski masks, and several firearms. They also located a photo sent by Colon to Capers which depicted one of the stolen arrow keys worn by Colon.
This case was investigated by the United States Postal Inspection Service and the Orange County Sheriff’s Office, with assistance from the Hillsborough County Sheriff’s Office, the Ocala Police Department, the Marion County Sheriff’s Office, and the Broward County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Nurse Practitioner Convicted of $200M Health Care Fraud SchemeRead the Press Release
A federal jury in Miami convicted a Florida nurse practitioner yesterday for her role in a scheme to defraud Medicare by submitting more than $200 million in false and fraudulent claims for expensive genetic testing and medical equipment that the Medicare beneficiaries did not need.
According to court documents and evidence presented at trial, Elizabeth Hernandez, 45, of Homestead, signed thousands of orders for medically unnecessary orthotic braces and genetic tests, resulting in fraudulent Medicare billings in excess of $200 million. As part of the scheme, telemarketing companies would contact Medicare beneficiaries to convince them to request orthotic braces and genetic tests, and then send pre-filled orders for these products to Hernandez, who signed them, attesting that she had examined or treated the patients. In reality, she had never spoken with many of the patients. In 2020, Hernandez ordered more cancer genetic tests for Medicare beneficiaries than any other provider in the nation, including oncologists and geneticists. She then billed Medicare as though she were conducting complex office visits with these patients, and routinely billed more than 24 hours of “office visits” in a single day. Hernandez personally pocketed approximately $1.6 million in the scheme, which she used to purchase expensive cars, jewelry, home renovations, and travel.
The jury convicted Hernandez of one count of conspiracy to commit health care fraud and wire fraud, in addition to four counts of health care fraud and three counts of making false statements relating to health care matters. She is scheduled to be sentenced on Dec. 14. She faces a maximum penalty of 20 years in prison for conspiracy, 10 years in prison on each health care fraud count, and five years in prison on each false statement count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.
The FBI and HHS-OIG investigated this case.
Trial Attorney Andrea Savdie and Assistant Chief Kate Payerle and of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
North Fort Myers Felon Pleads Guilty to Illegally Possessing A FirearmRead the Press Release
Fort Myers, Florida – United States Attorney Roger B. Handberg announces that Chester Lewis Risco, III (20, North Fort Myers) has pleaded guilty to possessing a firearm and ammunition as a convicted felon. Risco faces a maximum penalty of 15 years in federal prison. Risco has agreed to forfeit the Taurus pistol and ammunition he possessed during this offense. A sentencing date has not yet been set.
According to the plea agreement, on April 27, 2023, Risco fled from a deputy on his bicycle after committing several traffic violations. When apprehended, Risco was in possession of a loaded Taurus pistol, in a holster, inside his waistband. At the time, Risco had a prior felony conviction and therefore is prohibited from possessing a firearm or ammunition under federal law. Risco was also under court-ordered supervision when he was found in possession of the loaded pistol.
This case was investigated by the Lee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Mark Morgan.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Nigerian Citizen Fined $1,500 for Making False Representations to Government Agents at the Cyril E. King AirportRead the Press Release
St. Thomas, USVI – United States Attorney Delia L. Smith announced today that on September 8, 2023, Ifeoma Inneh, a 42-year-old citizen of Nigeria, was sentenced by District Court Chief Judge Robert A. Malloy to pay a $1,500 fine for making false representations to Customs and Border Protection (CPB) officers at the Cyril E. King Airport.
According to court documents, on June 4, 2021, Inneh was a ticketed passenger on a United Airlines Flight departing from St. Thomas to Newark, NJ. During CBP inspection, Inneh presented a Pennsylvania driver’s license and stated that she is a citizen of the United States. Inneh further stated that she entered the United States on a student visa and had subsequently become a lawful permanent resident and naturalized United States citizen. CBP officers then conducted a record check and determined that Inneh was neither a lawful permanent resident nor a citizen of the United States, and that her presence in the United States was unlawful.
This case was investigated by Homeland Security Investigations and CBP. It was prosecuted by Assistant United States Attorney Natasha Baker.
Multi-million dollar COVID-19 fraudster trades mansion for a prison cellRead the Press Release
HOUSTON – A 33-year-old Richmond man who operated a medical supply company in Porter has been ordered to federal prison for a massive fraud that resulted in losses of $17 million, announced U.S. Attorney Alamdar S. Hamdani.
Caleb M. McCreless pleaded guilty May 2.
U.S. District Judge Sim Lake has now ordered him to prison for 110 months to be immediately followed by three years of supervised release and restitution of $36,279,780 to 11 different victims. Before imposing the sentence, the court noted the opportunistic nature of the crime. Given the sheer amount of loss McCreless caused, Judge Lake added that the victims would probably never be paid back in full.
“Mansions, a Rolls Royce, a lavish lifestyle, and good old fashioned greed motivated Caleb McCreless to take advantage of a nation’s emergency, exploiting the most vulnerable amongst us,” said Hamdani. “McCreless started his scheme by taking almost $1 million from the hands of those trying to treat Native American elders at a time when COVID-19 was decimating that population. His action were deplorable, and now it’s time to pay. No more cars, no more mansions, just a small cell.”
McCreless orchestrated a scheme to defraud retail buyers in the medical services sector by promising to deliver high-grade surgical gloves he did not have. He took initial payments that ran into the millions, but never delivered gloves or only delivered a small portion of them at a vastly inferior quality.
McCreless admitted when he ran out of victims from May 2020 through spring 2021, he induced millions in payments from his victims by offering surgical gloves from a trusted Chinese company. But, McCreless actually had no such relationship.
After taking the money, he would try to stall the victims and then eventually stopped communicating with them. Many failed deals ended in civil litigation. McCreless used the money to pay off co-conspirators and fund a lavish lifestyle such as buying exotic vehicles and a mansion.
Almost a dozen victims from across the United States, including Texas, lost over $17 million in the scheme.
McCreless has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and Harris County Constable’s Office Precinct 1 conducted the investigation. Assistant U.S. Attorney Thomas Carter prosecuted the case.
Monroe County Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rodney Wilcox, age 55, of Monroe County, Pennsylvania, was indicted on September 19, 2023, by a federal grand jury for drug trafficking.
According to United States Attorney Gerard M. Karam, the indictment charges Wilcox with distributing fentanyl and cocaine between June 2023 and August 2023, in Luzerne County, Pennsylvania. Wilcox was also indicted for possessing multiple firearms in furtherance of his drug trafficking operation and for possessing firearms as a previously convicted felon.
This matter was investigated by the Pennsylvania State Police Troop N, the Monroe County District Attorney’s Office, and the Federal Bureau of Investigation, Scranton Office. Assistant United States Attorney Brian J. Gallagher is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Wilcox faces a maximum penalty of life in prison, a one million dollar fine, and a lifetime term of supervised release following imprisonment. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Missouri Physicians and Pain Management Practices Agree to Pay over $650,000 to Settle Kickback Allegations Involving Laboratory TestingRead the Press Release
Gregory Stynowick, M.D. and his pain management practice, Pain Management Medical Center LLC, of Florissant, Missouri, and Chad Shelton, M.D., Michael Boedefeld, M.D., and their pain management practice, Pro Pain LLC, of St. Louis, have agreed to pay a total of $653,796 to resolve False Claims Act allegations that they received illegal kickbacks in violation of the Anti-Kickback Statute in return for referring patients for laboratory testing. The parties also have agreed to cooperate with the Justice Department's investigations of, and litigation against, other participants in the alleged schemes.
“Kickbacks are designed to improperly influence healthcare providers’ medical decisions,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Patients should not have to wonder if their doctors’ medical decisions are being driven by unlawful inducements.”
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlements announced today resolve allegations that Drs. Stynowick, Shelton and Boedefeld, and their medical practices received kickbacks in violation of the Anti-Kickback Statute in return for making referrals to laboratories in Texas, California, and Florida.
- Stynowick and Pain Management Medical Center. Dr. Stynowick and his pain management practice, Pain Management Medical Center, have agreed to pay $257,436 to resolve two allegations. First, from May 2017 to July 2018, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported management service organization (MSO) named Beachwood Services LLC (Beachwood) in return for Dr. Stynowick ordering laboratory tests from Landmark Diagnostics LLC (Landmark), a clinical laboratory in Houston, Texas, and Sprint Diagnostics LLC (Sprint), a clinical laboratory in Santa Ana, California. Second, from August 2018 to January 2020, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported MSO named Alari Group LLC (Alari) in return for Dr. Stynowick ordering laboratory tests from Genesis Reference Laboratories LLC (Genesis), a clinical laboratory in Orlando, Florida, and InHealth Diagnostic LLC (InHealth), a clinical laboratory in Dallas, Texas.
- Shelton, Dr. Boedefeld, and Pro Pain. Dr. Shelton, Dr. Boedefeld, and their pain management practice, Pro Pain, have agreed to pay $396,360 to resolve two allegations. First, from February 2017 to September 2018, Pro Pain allegedly received thousands of dollars in MSO payments from Beachwood in return for Dr. Shelton and Dr. Boedefeld ordering laboratory tests from Landmark and Sprint. Second, from July 2018 to October 2020, Pro Pain allegedly received thousands of dollars in MSO payments from Alari in return for Dr. Shelton and Dr. Boedefeld ordering laboratory tests from Genesis, InHealth and American Institute of Toxicology Inc. (AIT), a clinical laboratory in Denton, Texas.
“Kickbacks can compromise medical practitioners’ judgment by creating financial incentives for certain medical decisions,” said U.S. Attorney Philip Sellinger for the District of New Jersey. “Doctors and clinical laboratories are on notice that kickback-for-test schemes like those alleged here can violate the Anti-Kickback Statute. We will continue to use all appropriate tools to safeguard the integrity of the federal healthcare systems.”
“Individuals and entities that participate in the federal healthcare system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients,” said Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Certain violations of the Anti-Kickback Statute can induce medically unnecessary testing and inappropriately steer medical tests to providers who may not return timely or quality results.”
The settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from HHS-OIG.
The settlements announced today were handled by Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorney Kruti Dharia for the District of New Jersey.
The United States has recovered over $34 million relating to conduct involving MSO kickbacks to healthcare providers, including False Claims Act settlements with 39 physicians.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
Pro Pain Settlement PMMC SettlementMissouri Physicians and Pain Management Practices Agree to Pay over $650,000 to Settle Kickback Allegations Involving Laboratory TestingRead the Press Release
NEWARK, N.J. – Three doctors and two medical practices in Missouri have agreed to pay more than $650,000 to resolve kickback allegations, U.S. Attorney Philip R. Sellinger for the District of New Jersey and Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, announced.
Doctors Gregory Stynowick, and his pain management practice, Pain Management Medical Center LLC, of Florissant, Missouri; Chad Shelton and Michael Boedefeld, and their pain management practice, Pro Pain LLC, of St. Louis, Missouri, have agreed to pay a total of $653,796 to resolve False Claims Act allegations that they received illegal kickbacks in violation of the Anti-Kickback Statute in return for referring patients for laboratory testing. The parties have agreed to cooperate with the Department of Justice’s investigations of, and litigation against, other participants in the alleged schemes.
U.S. Attorney Philip R. Sellinger“Kickbacks can compromise medical practitioners’ judgment by creating financial incentives for certain medical decisions. Doctors and clinical laboratories are on notice that kickback-for-test schemes like those alleged here can violate the Anti-Kickback Statute. We will continue to use all appropriate tools to safeguard the integrity of the federal healthcare systems.”
“Kickbacks can compromise medical practitioners’ judgment by creating financial incentives for certain medical decisions,” U.S. Attorney Philip Sellinger said. “Doctors and clinical laboratories are on notice that kickback-for-test schemes like those alleged here can violate the Anti-Kickback Statute. We will continue to use all appropriate tools to safeguard the integrity of the federal healthcare systems.”
“Kickbacks are designed to improperly influence healthcare providers’ medical decisions,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said. “Patients should not have to wonder if their doctors’ medical decisions are being driven by unlawful inducements.”
“Individuals and entities that participate in the federal healthcare system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients,” Special Agent in Charge Naomi Gruchacz of the U.S. Department of Health and Human Services Office of Inspector General said. “Certain violations of the Anti-Kickback Statute can induce medically unnecessary testing and inappropriately steer medical tests to providers who may not return timely or quality results.”
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlement announced today resolves allegations that Stynowick, Shelton, and Boedefeld, and their medical practices, received kickbacks in violation of the Anti-Kickback Statute in return for making referrals to laboratories in Texas, California, and Florida.
- Stynowick and Pain Management Medical Center. Stynowick and his pain management practice, Pain Management Medical Center, have agreed to pay $257,436 to resolve two allegations. From May 2017 to July 2018, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported management service organization (MSO) named Beachwood Services LLC (Beachwood) in return for laboratory tests Stynowick ordered from Landmark Diagnostics LLC (Landmark), a clinical laboratory in Houston, Texas, and Sprint Diagnostics LLC (Sprint), a clinical laboratory in Santa Ana, California. From August 2018 to January 2020, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported MSO named Alari Group LLC (Alari) in return for laboratory tests Stynowick ordered from Genesis Reference Laboratories LLC (Genesis), a clinical laboratory in Orlando, Florida, and InHealth Diagnostic LLC (InHealth), a clinical laboratory in Dallas, Texas.
- Shelton, Boedefeld, and Pro Pain. Shelton, Boedefeld, and their pain management practice, Pro Pain, have agreed to pay $396,360 to resolve two allegations. From February 2017 to September 2018, Pro Pain allegedly received thousands of dollars in MSO payments from Beachwood in return for laboratory tests Shelton and Boedefeld ordered from Landmark and Sprint. Second, from July 2018 to October 2020, Pro Pain allegedly received thousands of dollars in MSO payments from Alari in return for laboratory tests Shelton and Boedefeld ordered from Genesis, InHealth, and American Institute of Toxicology Inc. (AIT), a clinical laboratory in Denton, Texas.
The settlements were the result of a coordinated effort between the U.S. Attorney’s Office for the District of New Jersey and the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from HHS-OIG.
The government is represented by Assistant U.S. Attorney Kruti Dharia of the U.S. Attorney’s Office, District of New Jersey, Opioid Abuse Prevention and Enforcement Unit and Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section).
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
propain.settlement.pdf pmmc.settlement.pdfMissoula man sentenced to prison for firearms crimesRead the Press Release
MISSOULA — A Missoula man convicted by a federal judge of multiple firearms crimes was sentenced today to 21 months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.
After a two-day bench trial, U.S. District Judge Dana L. Christensen found Michael Blake DeFrance, 30, guilty on May 1 on all counts charged in a second superseding indictment, including prohibited person in possession of a firearm and three counts of false statement during a firearms transaction. The court presided at sentencing and ordered DeFrance to self-report to the Bureau of Prisons.
“DeFrance was previously convicted of partner or family member assault after he assaulted his then partner, Jermain Charlo. Because of this, he lost his right to possess firearms and yet he made false statements on firearms forms so he could illegally obtain guns at a pawn shop. Keeping guns out of the hands of those who are prohibited from having them is critical to the safety of others, particularly women, domestic partners, and families, and I applaud and thank Assistant U.S. Attorneys Jennifer S. Clark and Timothy J. Racicot and the FBI and Missoula Police Department for their hard work in holding DeFrance accountable for these crimes,” U.S. Attorney Laslovich said.
In court documents and at trial, the government alleged that on June 27, 2018, a Missoula Police Department detective located a .357-caliber revolver and a box of .357-caliber ammunition in the console of DeFrance’s truck. Two .22-caliber rifles were located under the back seat. On Oct. 2, 2018, law enforcement executed a search warrant on DeFrance’s residence and located a .357-caliber revolver on a desk by the front door. The detective recognized this gun as the revolver DeFrance had in his truck in June. DeFrance also had two rifles in his bedroom. When asked if he knew he was not supposed to have guns, DeFrance replied, “I was never clear on that.”
The government further alleged that in May 2013, DeFrance was sentenced for partner or family member assault on Jermain Charlo in Sanders County. DeFrance signed a waiver of rights form in which he acknowledged his rights, which included – on a list of possible consequences of pleading guilty – the loss of firearms rights. The same form contained space for DeFrance to explain the basis for his guilty plea, and his form stated, “On 4-14-2013, in Sanders County I caused bodily injury to my girlfriend.”
In addition, the government alleged that on three occasions in 2018, DeFrance completed Bureau of Alcohol, Tobacco, Firearms and Explosives forms at a Missoula pawn shop in which he represented that he had not been convicted of a misdemeanor crime of domestic violence. Prior to and after the assault in 2013, Charlo stayed with DeFrance in a camper on property belonging to the DeFrance family. Charlo and DeFrance were in an intimate relationship.
The government alleged DeFrance was prohibited from possessing firearms because he had been convicted of misdemeanor domestic violence and that he knowingly made false written statements in 2018 at a Missoula pawn shop in connection with his acquisition and attempted acquisition of three firearms.
Assistant U.S. Attorneys Jennifer S. Clark and Timothy J. Racicot prosecuted the case, which was investigated by the FBI’s Montana Regional Violent Crime Task Force and Missoula Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Miami Man Pleads Guilty to Involuntary Manslaughter in the Special Maritime Jurisdiction of the United StatesRead the Press Release
MIAMI – Yesterday, Josbel Fernandez Echevarria, 37, of Miami, Florida, pleaded guilty to two counts of involuntary manslaughter arising from the deaths of Javier M. Perez and Carolyn Alvarez.
According to the factual basis in support of the defendant’s guilty plea, on July 2, 2020, Echevarria was the operator of a 32-foot powerboat in waters off the coast of Bimini in The Bahamas. Echevarria’s girlfriend, Perez, and Alvarez were also onboard the boat. At around 10:29 p.m., the boat hit North Turtle Rock, a high-tide elevation marked on all navigational charts, as well as on the boat’s navigation system during the crash. The boat was traveling at 43.4 miles per hour at the time of impact.
Echevarria and his girlfriend were injured, but Perez and Alvarez did not survive the crash. Perez’s body was found on North Turtle Rock. Alvarez’s body has not yet been found.
Perez and Alvarez’s death occurred due to Echevarria’s failure to maintain a proper lookout and failure to proceed at a safe speed in violation of Parts 5 and 6 of the International Steering and Sailing Rules.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Acting Special Agent in Charge Matthew Margelot, U.S. Coast Guard Investigative Service (CGIS), Southeast Region, announced the guilty plea.
CGIS investigated the case, with assistance from the Royal Bahamian Police Force. Assistant U.S. Attorneys Thomas Watts-FitzGerald and Yara Dodin are prosecuting the case.
Sentencing is scheduled for January 12, 2024, at 2:00 p.m. before U.S. District Court Judge Kathleen M. Williams. Echevarria faces up to eight years in prison as to each count, criminal fines of up to $250,000 as to each count, and a period of supervised release of up to three years.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-cr-20256.
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Meraux Man Pleads Guilty to Federal Gun ChargesRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that GREGORY WARD, age 24, pleaded guilty on September 20, 2023 to a one-count indictment for violating the Federal Gun Control Act.
According to court documents, on November 3, 2022, a St. Bernard Sheriff's Office deputy stopped a vehicle after observing a small child freely moving around the interior of the vehicle. During the stop, the deputy smelled marijuana inside the vehicle and advised WARD of his Miranda rights.
After smelling marijuana in the vehicle, the deputy searched its interior and saw marijuana. A black backpack was also seen on the seat behind the driver's seat. Located within the backpack was a Century Arms Model Mini Draco, 7.62 x 39-millimeter caliber semi-automatic pistol and a Glock Model 19, 9-millimeter semi-automatic pistol.
Deputies learned that WARD had a previous felony conviction on July 25, 2022, in the 22nd Judicial District Court, Parish of St. Tammany, Case No. 0863-F-2021, for Illegal Possession of a Schedule IV Controlled Dangerous Substance, in violation of La. R.S. 40:969(c)(2).
WARD faces a maximum term of imprisonment of fifteen years, a fine of up to $250,000, up to three years of supervised release after imprisonment, and a mandatory $100 special assessment fee. U.S. District Judge Nannette Jolivette Brown set sentencing for January 18, 2024.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security Investigations and the St. Bernard Sheriff’s Office in investigating this matter. Assistant United States Attorney Jon Maestri of the General Crimes Unit is in charge of the prosecution.
Maryland Man Working for the Government Charged with EspionageRead the Press Release
WASHINGTON – A government contractor is charged by criminal complaint, unsealed today, with espionage. Abraham Teklu Lemma, 50, a naturalized U.S. citizen of Ethiopian descent living in Silver Spring, Maryland, is charged with gathering or delivering national defense information to aid a foreign government; conspiracy to gather or deliver national defense information to aid a foreign government; and having unauthorized possession of national defense information and willfully retaining it.
The charges were announced by United States Attorney Matthew M. Graves, Assistant Attorney General Matthew G. Olsen, of the Justice Department’s National Security Division, and Assistant Director in Charge David Sundberg of the FBI’s Washington Field Office.
Lemma worked as an IT administrator for the Department of State, and as a Management Analyst for the Department of Justice. In those positions, Lemma was granted a TOP SECRET security clearance and granted access to classified systems.
According to the criminal complaint, between December 19, 2022, and August 7, 2023, Lemma copied classified information from Intelligence Reports and deleted the classification markings from them. Lemma then removed the information, which was classified as SECRET and TOP SECRET, from secure facilities at the Department of State against protocol. The materials related to a specific country and/or geographic region. Lemma accessed, copied, removed, and retained this information without authorization.
It is further alleged that Lemma used an encrypted application to transmit classified national defense information to a foreign official associated with the specific country’s intelligence service. In these communications, Lemma expressed an interest and willingness to assist the foreign official in providing information. In one communication, the foreign official stated stated, “[i]t’s time to continue ur support.” Lemma responded, “Roger that!" In another chat, the foreign official praised Lemma’s efforts, stating “[a]lways this beautiful country have [sic] some special people who scarify [sic] their life to protect our proud history. You always remembered. It doesn’t matter the results.”
The two espionage charges carry a potential sentence of death or any term of years up to life, and the retention charge carries a maximum sentence of ten years. A federal judge will determine any sentence based on the U.S. Sentencing Guidelines and other statutory factors.
This case is being investigated by the FBI’s Washington Field Office, the State Department's Diplomatic Security Service, and the Justice Department's Office of the Inspector General.
It is being prosecuted by Assistant U.S. Attorneys Tejpal Chawla and Alexandra Hughes for the District of Columbia, Trial Attorneys Heather Schmidt and Kathryn DeMarco of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Luzerne County Man Sentenced to 10 Years’ Imprisonment for Fentanyl TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric Hill, age 34, of Plymouth, Pennsylvania, was sentenced on September 19, 2023, by U.S. District Court Judge Robert D. Mariani, to 10 years’ imprisonment on the charge of conspiracy to distribute more than 400 grams of fentanyl.
According to United States Attorney Gerard M. Karam, Hill previously pleaded guilty and admitted to conspiring with other individuals to distribute between 400 grams and 1.2 kilograms of fentanyl in the Luzerne County area between 2019 and 2020.
The charge against the defendant resulted from an investigation conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Kingston Police Department, the Luzerne County Drug Task Force, and the Pennsylvania State Police. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Lee’s Summit Man Sentenced for Extortion SchemeRead the Press Release
KANSAS CITY, Mo. – A Lee’s Summit, Mo., man was sentenced in federal court today for a $1 million extortion scheme against two Kansas City, Mo., victims.
Leon L. Dudley III, 25, was sentenced by U.S. Chief District Judge Beth Phillips to seven years and five months in federal prison without parole. The court also ordered Dudley to pay $5,729 in restitution to his victims for the damage done to their home.
Dudley was found guilty at trial on Nov. 9, 2022, of one count of extortion.
Dudley delivered an extortion note to a Kansas City, Mo., residence on Aug. 24, 2018. The victims reported to law enforcement that a contractor arrived at the residence that morning to complete some work and found an envelope containing a handwritten letter taped to the front of the house near the front door. The letter contained a threat to vandalize and burn down the residence if the victims did not pay $1 million by the next day. The note included a cell phone number for the victim to text when the money was ready, and warned against contacting law enforcement.
The next day, Dudley used a pellet gun to break several windows in the house. The homeowners hired a private security firm, but Dudley returned that evening and broke more windows and a sliding glass door. Dudley caused a total of $5,729 in damage to the house.
Investigators traced the cell phone number on the extortion note to the residence where Dudley lives with his mother. Investigators also located Dudley’s Facebook account, which included a photograph of a handwritten note with similar handwriting to the extortion note, as well as photos of Dudley that matched the physical profile captured in surveillance video at the residence.
Investigators searched Dudley’s residence and found an Apple iPad in his bedroom. The iPad had been stolen during a burglary at the extortion victims’ residence while it was still under construction in June 2018. During a forensic examination of the iPad, investigators found it contained internet searches related to the victims, to burning down a house and purchasing explosive items, and two extortion notes similar to the handwritten note that was left at the victims’ residence. According to court documents, Dudley had prepared to deliver a second note threatening to shoot the homeowners, which was found by investigators on the stolen iPad before it could be delivered.
Investigators found fingerprints on the extortion note and on the envelope that matched to Dudley. They also matched the extortion note to Dudley through handwriting analysis and paper impression analysis, and matched the edges in the paper of the note with the fragment remaining in the spiral notebook from which it was torn, which was recovered in Dudley’s possession.
This case was prosecuted by Assistant U.S. Attorneys Gregg R. Coonrod and Stephanie C. Bradshaw. It was investigated by the Kansas City, Mo., Police Department and the FBI.
Lawrence Man Pleads Guilty in Conspiracy to Use Stolen Identities to Fraudulently Purchase VehiclesRead the Press Release
BOSTON – A Lawrence man pleaded guilty today to his role in a scheme to use the stolen identities of United States citizens from Puerto Rico to fraudulently purchase vehicles and other merchandise and apply for and utilize bank accounts and credit cards.
Joshua Cruz, 35, pleaded guilty to conspiracy to commit wire fraud, wire fraud and false representation of a Social Security number. U.S. District Court Judge Patti B. Saris scheduled sentencing for Jan. 12, 2024. The defendant and multiple co-defendants were charged by criminal complaint in September 2020 and subsequently indicted by a federal grand jury in October 2020.
According to charging documents, between December 2018 and January 2019, the defendant visited Massachusetts car dealerships to purchase late-model vehicles and applied for 100% financing. In support of the applications, the defendant provided stolen biographical information of real United States citizens, fraudulent Puerto Rico driver’s licenses, and Social Security cards in those identities as proof of identification. Cruz was charged with using stolen identities to obtain car loans and purchase three cars worth over $170,000, collectively.
The charges of wire fraud and conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Special Agent in Charge of Homeland Security Investigations, in New England; John E. Mawn Jr., Interim Colonel of the Massachusetts State Police; and Brockton Police Chief Brenda Perez made the announcement today. Valuable assistance was provided by the Lowell, Lawrence, Methuen, Haverhill, Woburn and Dartmouth Police Departments. Assistant U.S. Attorneys Elianna J. Nuzum and Adam W. Deitch of the Criminal Division prosecuted the case.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising personnel from various state, local, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
The details contained in the indictment are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Laurens County man sentenced to federal prison for possession of sexually explicit images of childrenRead the Press Release
AUGUSTA, GA: A Laurens County man has been sentenced to prison after pleading guilty to possession of sexually explicit images of children.
Christopher Scott Andrews, 41, of East Dublin, Ga., was sentenced to 96 months in prison after previously pleading guilty to Possession of Child Pornography, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Dudley H. Bowen also ordered Andrews to pay fines and restitution of $4,000, to register as a sex offender, and to serve 15 years of supervised release upon completion of his prison term. There is no parole in the federal system.
“Christopher Andrews sought and downloaded sexually explicit images of children, thereby perpetuating their victimization,” said U.S. Attorney Steinberg. “With our vigilant law enforcement partners, we will identify and hold accountable those who engage in such predatory behavior.”
As described in court documents and testimony, investigators from the Laurens County Sheriff’s Office in December 2022 received a CyberTip alerting them to potential child pornography linked to a cell phone number located in the greater Dublin area. With assistance from the FBI, investigators identified Andrews and questioned him at his residence, located in the rear of a retail store in East Dublin.
Investigators found hundreds of sexually explicit images of children in devices seized from Andrews. He was indicted on federal charges in March 2023 and pled guilty in May.
“Collecting sexually explicit images and videos of children is a despicable act,” said Assistant Special Agent in Charge Brian Ozden of FBI Atlanta. “Our continued work to investigate individuals who possess, receive and distribute child pornography should serve notice to those who may consider engaging in this behavior that it will not be tolerated.”
The case was investigated by the Laurens County Sheriff’s Office and the FBI, and prosecuted for the United States by Assistant U.S. Attorney and Project Safe Childhood Coordinator Jason W. Blanchard.
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
Lafourche Parish Man Pleads Guilty to Violating Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – DILLON TOUPS, age 33, a resident of Larose, Louisiana, pled guilty on September 19, 2023 to possession with intent to distribute fifty (50) grams or more of methamphetamine and a quantity of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 841(b)(1)(C), announced U.S. Attorney Duane A. Evans.
According to court documents, on December 18, 2021, Lafourche Parish Sheriff’s deputies conducted a traffic stop of TOUPS on Highway 1 in Raceland, Louisiana. After smelling marijuana in the vehicle, deputies searched the vehicle and found a bag containing 1,317 grams of methamphetamine on the back seat. During the investigation, deputies searched TOUPS’s residence in Larose, Louisiana and located 411 grams of methamphetamine and .91 grams of fentanyl.
TOUPS faces a mandatory minimum term of imprisonment of ten years and a maximum term of imprisonment of life, a fine of up to $10,000,000.00 at least five years of supervised release after any term of imprisonment and a mandatory special assessment fee of $100.00.
This case was investigated by the Drug Enforcement Administration and the Lafourche Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney André Jones of the Narcotics Unit.
Justice Department Tribal Access Program Will Continue to Improve the Exchange of Critical DataRead the Press Release
The Justice Department has selected 14 federally recognized Tribes to participate in the continued expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides Tribal governments with means to access, enter, and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division. This announcement follows Attorney General Merrick B. Garland’s trip to Alaska last month, during which he visited Anchorage and the village of Galena. Attorney General Garland met with Tribal leaders and advocates to discuss the public safety challenges that Alaska Native individuals and communities face.
“Meeting the most urgent public safety challenges in Tribal communities requires strengthening cooperation and collaboration between Tribal and federal law enforcement,” said Attorney General Merrick B. Garland. “This latest expansion of access to national crime databases will empower Tribal governments with better tools and technology and will help make Tribal communities and communities across the country safer.”
The program provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to CJIS systems. With these additional Tribes, there are now 132 federally recognized Tribes participating in TAP.
The Justice Department began TAP in 2015 in response to concerns raised by Tribal leaders about the need to have direct access to federal systems. Using TAP, Tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.
The following Tribes have been selected for participation in TAP:
- Pauma Band of Luiseno Mission Indians
- Chickaloon Native Village
- Nez Perce Tribe
- Mashpee Wampanoag Tribe
- Agua Caliente Band of Cahuilla Indians
- Quechan Tribe
- Pueblo of Isleta
- Pala Band of Mission Indians
- Lovelock Paiute Tribe
- Tonto Apache Tribe
- Bois Forte Band of Chippewa
- Yakutat Tlingit Tribe
- Ho-Chunk Nation
- Comanche Nation
TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
Justice Department Secures Agreement with UPS to Resolve Immigration-Related Employment Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with United Parcel Service Inc. (UPS). The settlement resolves the department’s determination that UPS violated the Immigration and Nationality Act (INA) when the company discriminated against a lawful permanent resident based on his immigration status and then retaliated against him. The department also determined that UPS routinely rejected valid documentation that certain non-U.S. citizens presented to obtain an airport badge, which they needed to perform certain job duties at an UPS airport facility.
“Employers cannot create unlawful barriers based on workers’ immigration status at any point during the hiring process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will vigorously enforce the law to ensure employers conduct all parts of the hiring process fairly and that workers are not retaliated against for exercising their rights.”
Under the settlement, UPS will pay nearly $100,000 in back pay, front pay and associated benefits to the affected worker. It will also pay a civil penalty to the United States, train its staff on the INA’s anti-discrimination provision, revise its policies and procedures and be subject to monitoring by the department.
The department’s investigation arose from a complaint alleging that UPS discriminated and retaliated against a lawful permanent resident in its airport badging process at its Logan Airport facility in Boston. The department concluded that UPS discriminated against the lawful permanent resident when UPS rejected the documentation that the worker provided to receive an airport badge, even though the worker provided valid and acceptable documentation according to airport authority rules. According to the department, because UPS rejected the worker’s documentation, it refused to submit a badge application to the relevant airport authority on his behalf, which made it impossible for him to complete certain job duties. The department determined that UPS later retaliated against the worker by firing him after he complained to UPS about the discrimination.
The department also found that the UPS facility had a policy or practice of rejecting valid documentation that some non-U.S. citizens show to obtain an airport badge, such as Machine Readable Immigrant Visas (MRIVs) with an I-551 stamp.
The investigation concluded that the airport authority was not involved in the alleged discrimination and its badging policies were the same regardless of a person’s citizenship, immigration status or national origin.
Under the INA, employers generally cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process. Employers also cannot retaliate against a person for asserting their rights under the law.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship or immigration status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Sign up for email updates from IER.
ups_settlement_agreement_september_21.pdfIowa City Man Sentenced to 132 months in Prison for Receipt of Child PornographyRead the Press Release
DAVENPORT, IA – An Iowa City man was sentenced on September 20, 2023, to 132 months in federal prison for receipt of child pornography.
According to public court documents, and evidence presented at sentencing, Yasir Elamin Babekir Hamid, 65, was identified by law enforcement as a person of interest after a cybertip was received by the National Center for Missing and Exploited Children (NCMEC) from a social media platform on which videos of child sexual abuse material had been uploaded. Law enforcement traced the account to Hamid. During a search warrant of Hamid’s residence, law enforcement seized five electronic devices and forensically searched the devices. Officers located hundreds of images and videos of child sexual abuse material. In total, Hamid was held responsible for 17,105 images.
After completing his prison term, Hamid will be required to serve five years of supervised release. There is no parole in the federal system. Hamid was also ordered to pay $3,000 in restitution.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Iowa City Police Department.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nationwide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Illegal gun possession sends Great Falls felon arrested after standoff to prisonRead the Press Release
GREAT FALLS — A Great Falls felon who admitted to illegally possessing two firearms at his business following a standoff with law enforcement was sentenced today to 32 months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.
Stephen Jeffrey Vogel, 35, pleaded guilty in May to prohibited person in possession of firearms.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that on Dec. 11, 2022, law enforcement attempted to conduct a welfare check on a woman, identified as Jane Doe, at a gas station near a business she shared with Vogel after receiving a report that Doe may have been assaulted and was attempting to hide. Officers arrived just after Doe left the gas station and crashed a vehicle in front of the business. Vogel was present but ignored commands from officers and locked himself inside the shared business. Doe, who had an injury on her forehead, reported that Vogel had threatened her with a firearm and assaulted her. Great Falls Police Department officers then engaged in a nearly three-hour standoff with Vogel before he peacefully surrendered. In a search of the business, officers located a loaded 9 mm semi-automatic pistol and a 12-gauge shotgun hidden above ceiling tiles. A review of Vogel’s jail calls confirmed he hid the firearms knowing law enforcement would seize them if discovered. Vogel was prohibited from possessing firearms because of a 2013 felony conviction.
An assistant U.S. attorney prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Great Falls Police Department and Cascade County Sheriff’s Office conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Houston Man Sentenced to 360 Months Imprisonment for Trafficking 13-Year-Old Female into the New Orleans Area to Perform Commercial Sex ActsRead the Press Release
NEW ORLEANS – RANDI LEWIS (a/k/a “Teddy,” a/k/a “Teddy P.”), age 35, from Houston, Texas, was sentenced on September 20, 2023 to 360 months in prison by United States District Judge M. Lance after previously pleading guilty to Count 2 of the indictment pending against him, charging LEWIS with sex trafficking of a child under the age of 14, in violation of Title 18, United States Code, Section 1591(a) and 1591(b)(1), announced U.S. Attorney Duane A. Evans. Judge Africk also sentenced LEWIS to supervision after his release from prison for a term of life, a $100 mandatory special assessment fee and restitution to the victim’s guardian in the amount $620. Additionally, LEWIS will be required to register as a sex offender. The charges stem from LEWIS’s role in transporting a thirteen-year-old female from Houston to New Orleans in June 2021, to engage in commercial sex acts.
According to court documents, LEWIS met his co-conspirator, Chelsea Gee, a female born in 2003, in about late 2019 or early 2020, when Gee was a minor. LEWIS recruited Gee to engage in commercial sex acts under his direction, and she complied. LEWIS also instituted a series of rules for Gee to follow, including how to behave, what to wear, with whom she was allowed to interact (i.e., look at and speak to), as well as the amount of money she was expected to earn from engaging in daily commercial sex acts. LEWIS routinely tracked Gee’s location using a location sharing cellular phone application and regularly engaged in sexual acts with Gee.
Together, LEWIS and Gee met the thirteen-year-old victim, in the Houston, Texas area not later than June 21, 2021. At LEWIS’s direction, Gee recruited the victim to perform commercial sex acts. After the victim agreed, LEWIS arranged for he, Gee, and the victim to travel to New Orleans on a Greyhound bus so that Gee and the victim would then engage in commercial sex acts. Between June 22, 2021, and June 24, 2021, Gee and the victim performed multiple commercial sex acts in the New Orleans area. LEWIS required Minor Victim to turn over all, or most, of the money she earned from commercial sex acts to LEWIS. LEWIS and Gee instructed the victim on the manner in which to successfully perform commercial sex activities. These instructions included how to behave, what to wear, how to identify and avoid law enforcement, and how to solicit and engage in commercial sex activities, all under LEWIS’s direction.
On LEWIS’s direction, Gee and the victim solicited commercial sex “dates” in several ways. First, they walked the streets soliciting customers. Additionally, LEWIS advertised using an online sexual service, classified ad service used to market sexual services for money. As a result, LEWIS received telephone calls, text messages, and messages via social media applications inquiring about, and scheduling, prostitution calls with Gee and the victim. LEWIS used sexually explicit pictures of the victim in the advertisements. Further, LEWIS and Gee drugged the victim with illicit and mood-altering drugs, including marijuana, to control her behavior, and/or to encourage her to engage in commercial sex acts. Law enforcement authorities recovered the victim at a hotel in Terrytown, Louisiana, on June 24, 2021.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Jefferson Parish Sheriff’s Office in this matter. Assistant United States Attorney Jordan Ginsberg, Chief of Public Integrity Unit, was in charge of the prosecution.
Hartford Man Sentenced to Prison for Straw Purchasing FirearmsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that JAIME DIAZ, 30, of Hartford, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 24 months of imprisonment, followed by three years of supervised release, for illegally purchasing, possessing, and selling firearms.
According to court documents and statements made in court, between August 2020 and November 2021, Diaz purchased approximately 17 handguns from two Connecticut firearm dealers. At the time of the purchases, Diaz was an unlawful user of controlled substances. After obtaining the firearms, Diaz sold them to others in exchange for cash, as well as narcotics.
On November 30, 2021, ATF special agents interviewed Diaz and seized the only firearm that remained in his possession. Diaz sold one handgun back to the firearm dealer he had purchased it from. Another handgun that Diaz purchased was recovered by the Hartford Police Department from an individual charged with drug trafficking. The remaining 14 firearms handguns have not been recovered.
On September 7, 2022, Diaz pleaded guilty to one count of unlawful possession of a firearm by a prohibited person, and one count of dealing in firearms without a license. Diaz has been detained since April 10, 2023, when his bond was revoked.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The case was prosecuted by Assistant U.S. Attorney A. Reed Durham through Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Hartford Man Involved in Oxycodone and Fentanyl Pill Trafficking Ring Sentenced to PrisonRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that JOSE LORA, 30, of Hartford, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 24 months of imprisonment, followed by three years of supervised release, for his role in a narcotics trafficking organization that distributed oxycodone pills, counterfeit oxycodone pills containing fentanyl, and other drugs in the Hartford area.
According to court documents and statements made in court, this matter stems from a joint investigation by the DEA Tactical Diversion Squad and the FBI Northern Connecticut Gang Task Force targeting individuals who were distributing oxycodone pills, counterfeit oxycodone pills containing fentanyl, and other drugs from neighborhood grocery stores in New Britain and Hartford. Between January 2020 and March 2021, investigators made several controlled purchases of illegal pills at the Washington Market, formerly located at 453 Washington Street in Hartford; JZ Tobacco, located at 25 New Britain Avenue in Hartford, and Prestige Market, located at 23 New Britain Avenue in Hartford. Lora worked at the stores and served as a drug runner and lookout for the organization.
On December 20, 2020, investigators stopped a vehicle registered to Ray Urena and found approximately 4,000 oxycodone pills and $51,000 in cash in a hidden “trap” beneath the front passenger seat of the car.
Lora, Urena, and others were arrested on May 18, 2021. On that date, searches of an apartment on Colonial Street in Hartford that was used by the drug trafficking organization, and two vehicles parked outside of the stash house, revealed approximately two kilograms of fentanyl, approximately 170 grams of heroin, more than 5,000 real and counterfeit oxycodone pills, approximately 2,000 xanax pills, approximately one kilogram of cocaine, approximately 100 grams of crack, items used to process and package narcotics, two handguns, and ammunition. A search of Urena’s residence in Waterbury revealed approximately $54,000.
On May 11, 2023, Lora pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, fentanyl.
Urena pleaded guilty to the same charge and awaits sentencing.
Lora, who is released on a $25,000 bond, is required to report to prison on November 29.
The DEA’s New Haven Tactical Diversion Squad is composed of personnel from the DEA and the Bristol, East Windsor, Hamden, New Britain, West Haven, Newington, Manchester, Glastonbury, and Watertown Police Departments. The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, New Britain Police Department, West Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.