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30 June 2023
Former Sales Representative Sentenced to Five Years in Prison for Compound Prescription Drug SchemeRead the Press Release
NEWARK, N.J. – A former sales representative was sentenced to 60 months in prison for his role in a scheme to defraud public health benefits programs by billing for medically unnecessary compound prescriptions, U.S. Attorney Philip R. Sellinger announced today.
Matthew Puccio, 41, of Randolph, New Jersey, was convicted on July 19, 2022, of conspiracy to commit health care fraud following a seven-day jury trial before U.S. District Judge John Michael Vazquez, who imposed the sentence today in Newark federal court.
According to documents in this case and the evidence at trial:
Compound medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compound drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredients in the prescription.
From November 2014 to March 2016, Puccio participated in a conspiracy that involved submitting fraudulent prescriptions for compound medications to public health benefits programs. Marketing companies recruited and paid sales representatives, such as Puccio, to obtain compound medications for themselves and others regardless of medical necessity, targeting health plans that reimbursed for compound medications at high rates.
Puccio exploited this opportunity through working as a sales representative for several compounding pharmacies. He targeted individuals who had health plans that covered compound medications and then convinced those individuals to obtain prescriptions for compound medications, regardless of medical necessity. Puccio and others induced two New Jersey-based physicians to sign medically unnecessary prescriptions for beneficiaries that Puccio and others had recruited.
Once the prescriptions were written, they were filled by the compounding pharmacies with which Puccio worked. The compounding pharmacies would then receive reimbursement from the health plans and would pay Puccio a percentage of the reimbursement amount. Puccio and his conspirators caused a significant loss to public health benefits programs.
In addition to the prison term, Judge Vazquez sentenced Puccio to three years of supervised release and ordered him to pay $2.65 million in restitution.
U.S. Attorney Sellinger credited special agents of the FBI, Newark Division, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the sentencing.
The government is represented by Assistant U.S. Attorneys Emma Spiro and Shawn Barnes of the Criminal Division in Newark.
Former Police Officer Sentenced to 37 Months for Possession of Child PornographyRead the Press Release
ANCHORAGE – A Wasilla man was sentenced today to 37 months in federal prison for possessing child pornography in his home. According to court documents, Matthew William Schwier, 39, knowingly possessed over 100 still images and multiple videos depicting children being sexually abused. Schwier pled guilty on August 31, 2022, to knowingly possessing child pornography. After serving his sentence, Schwier will be on federal supervised release for 7 years. Schwier will have to pay $15,000.00 in restitution to his victims. Schwier must register as a sex offender and, after release, may not access the internet without permission of the U.S. Probation Office.
Schwier’s child pornography collection, which spanned multiple computers, included images depicting the sexual abuse of infants or toddlers, as well as children being violently abused. The evidence indicates that Schwier may have used specialized law enforcement training, and his advanced computer skills, to facilitate and attempt to hide his crimes.
Schwier’s previous employment included jobs in technical support, computer repair, and as a supervisor of video surveillance for a private security company. He failed to complete probationary employment as a police officer in Phoenix, Arizona; Roswell, New Mexico; and Elk Point, South Dakota, before working as a police officer in Nome, Alaska. The FBI investigation began in approximately 2016 when Schwier distributed child pornography to an undercover law enforcement officer over the internet. Schwier was employed as Justice Director for the Chickaloon Village Traditional Counsel when he was arrested in 2017. The Government indicated that, if this case had gone to trial, the prosecution was prepared to present evidence that Schwier had a reputation within the law enforcement community of being untruthful.
“The Department of Justice will relentlessly pursue, arrest, and prosecute offenders who traffic in child pornography,” said U.S. Attorney S. Lane Tucker of the District of Alaska. “This case demonstrates that the U.S. Attorney’s Office will hold criminals accountable without fear or favor, including corrupt former law enforcement officers like Mr. Schwier.”
“May this sentencing serve as a reminder that no one is above the law, and concealing evidence of child exploitation will not go undetected,” said Assistant Special Agent in Charge Donald W. Lee II of the FBI Anchorage Field Office. “As these crimes perpetuate the re-victimization of innocent children, the FBI remains steadfast in its commitment to identify and hold accountable those who contribute to the online sexual exploitation of children.”
The court proceedings were delayed for years for several reasons, including the COVID pandemic. Over the six years the case was active, it was prosecuted by Assistant U.S. Attorneys Adam Alexander, Charisse Arce, Kelly Cavanaugh, Kyle Reardon, Christopher Schroeder, and Jonas Walker. The FBI investigated the case.
This case was 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 Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.
Please report online child exploitation to the FBI. https://www.fbi.gov/how-we-can-help-you/parents-and-caregivers-protecting-your-kids#:~:text=To%20report%20online%20child%20sexual,%2D800%2D843%2D5678.
Former Housing Authority Executive Director Sentenced to Federal Prison for Using Funds for Personal ExpensesRead the Press Release
BENTON, Ill. – A U.S. district judge sentenced the former executive director of the Jefferson County Housing Authority to spend 10 months in federal prison after he converted more than $20,000 in authority funds for personal expenses.
In addition to the prison sentence, Thomas J. Upchurch, 53, now of Rio Rancho, New Mexico, was ordered to pay $20,150 in restitution back to the housing authority, and he will serve one year of supervised release.
“To promote respect for the law, the defendant’s sentence sends a clear message to deter other organizational leaders from abusing their power and spending authority,” said U.S. Attorney Rachelle Aud Crowe.
“The actions of Thomas Upchurch undermined the ability of the housing authority to provide housing assistance to those who need their services,” said FBI Springfield Field Office Acting Special Agent in Charge Joe Rodriguez. “The FBI is particularly vigilant in instances where individuals take advantage of federal program funds.”
According to court documents, Upchurch linked the housing authority’s credit card to his personal Amazon account and made nearly 300 inappropriate charges for personal items. Over a three-year period, the charges totaled more than $20,000. To conceal his fraud, Upchurch blocked the members of JCHA’s Board of Commissioners from reviewing his spending records. The defendant was charged with one count of conversion of federal funds due to the JCHA’s funding from the U.S. Department of Housing and Urban Development.
The JCHA serves 712 residents over 425 housing units in Mt. Vernon, Dix, Ina, Waltonville and Woodlawn. Members of the Jefferson County Board appoint the JCHA’s Board of Commissioners who then appoint an executive director to oversee its operations.
The FBI Springfield Field Office conducted the investigation with assistance from the U.S. Department of Housing and Urban Development-Office of Inspector General. Assistant U.S. Attorney Steven D. Weinhoeft prosecuted the case.
Former Deputy U.S. Marshal Sentenced for Cyberstalking, Perjury, and ObstructionRead the Press Release
A former deputy U.S. Marshal was sentenced today to 10 years and one month in prison for conspiracy to commit cyberstalking, cyberstalking, perjury, and obstruction of justice.
According to court documents and evidence presented at trial, Ian R. Diaz, 45, of Glendora, California, and his then-wife, an unindicted co-conspirator (CC-1), posed as a person with whom Diaz was formerly in a relationship (Jane Doe). In that guise, they sent themselves harassing and threatening electronic communications that contained apparent threats to harm CC-1; solicited and lured men found through Craigslist “personal” advertisements to engage in so-called “rape fantasies” in an attempt to stage a purported sexual assault on CC-1 orchestrated by Jane Doe; and staged one or more hoax sexual assaults and attempted sexual assaults on CC-1. Diaz and CC-1 then reported this conduct to local law enforcement, falsely claiming that Jane Doe posed a genuine and serious threat to Diaz and CC-1. Their actions caused local law enforcement to arrest, charge, and detain Jane Doe in jail for nearly three months for conduct for which Diaz and CC-1 framed her.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Special Agent in Charge Harry A. Lidsky of the Justice Department’s Office of the Inspector General (DOJ-OIG) Cyber Investigations Office, and Special Agent in Charge Zachary Shroyer of the DOJ-OIG Los Angeles Field Office made the announcement.
DOJ-OIG investigated the case.
Senior Litigation Counsel Marco A. Palmieri of the Criminal Division’s Public Integrity Section (PIN) and Senior Trial Attorney Mona Sedky of the Computer Crime and Intellectual Property Section prosecuted the case. Former PIN Trial Attorney Rebecca G. Ross provided significant assistance.
Former Atlanta business-owner sentenced to prison for obtaining millions of dollars in COVID-19 relief fraud, tax identity theft and credit card fraudRead the Press Release
ATLANTA – Jose Fernandez has been sentenced for seeking over $5 million by submitting fraudulent Paycheck Protection Program (“PPP”) applications, filing false tax returns using stolen identities, using credit cards he obtained with stolen identities, and check fraud. He ultimately obtained more than $2 million in fraudulent funds, which he then used for his personal benefit.
“Fernandez committed a litany of frauds, including an attempt to steal millions of dollars from a COVID relief program, financial institutions, and the IRS by stealing the identities of innocent victims to file false tax returns,” said U.S. Attorney Ryan K. Buchanan. “His sentence reflects the scope of his criminal conduct.”
“Fernandez will have many years in prison to think about his long list of crimes and greed. He not only hurt business owners in need of the Covid relief funding, but even stole the identities of family members,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “With our law enforcement partners, we will continue to identify and hold accountable anyone who violates the law to siphon money from these programs into their own pockets.”
“People who commit PPP fraud and identity theft can expect to be held accountable just as Jose Fernandez has,” said Lisa Fontanette, acting Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “We will continue working with our law enforcement partners to bring to justice individuals who commit these types of crimes that financially harm honest law-abiding citizens and defrauds the U.S. Government.”
“This sentencing holds the defendant in this case accountable for seeking to fraudulently obtain millions of dollars from the Paycheck Protection Program, the IRS, and our Nation’s financial institutions,” said Special Agent in Charge Kyle A. Myles of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC OIG). “The FDIC OIG remains committed to working with our law enforcement partners to investigate financial crimes and bringing to justice those who threaten to undermine the integrity our Nation’s financial system.”
“The Treasury Inspector General for Tax Administration aggressively pursues those who endeavor to defraud taxpayer-funded Coronavirus Aid, Relief, and Economic Security Act programs, which were established to provide assistance to American business owners during unprecedented times,” stated Inspector General J. Russell George. “We appreciate the efforts of the U.S. Department of Justice and our law enforcement partners in ensuring individuals engaged in criminal activity are held to account.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: The Coronavirus Aid, Relief, and Economic Security Act (“CARES”) is a federal law enacted on March 29, 2020. It is designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding. Additional funding was authorized by Congress in December 2020. The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within eight weeks of receipt and use at least 75 percent of the forgiven amount for payroll.
Fernandez operated multiple small businesses in the metro-Atlanta area from at least as early as 2016 through 2020. Fernandez submitted multiple PPP applications on behalf of several companies controlled by him or his associates that contained materially false information about the companies’ total number of employees, corporate expenses, and revenue. As a result of these false applications, he received over $1.6 million in fraudulent PPP funds. He then used these fraudulently obtained funds to make unauthorized expenditures, including purchases of a home, automobiles, and additional personal items.
Fernandez, who operated a tax preparation business for several years, also stole thousands of identities of his own clients, and of other individuals from a medical supply company, to file false tax returns claiming over $2 million in fraudulent refunds. The IRS was able to stop the vast majority of these funds from being issued to Fernandez.
In addition, Fernandez committed fraud against financial institutions. He obtained fraudulent credit cards in the names of family members and identity theft victims, which he then used to make hundreds of thousands of dollars in fraudulent purchases. Finally, Fernandez obtained blank check stock that was to be used to print tax refund checks for his tax preparation business clients. He used those checks to attempt to fraudulently write more than $900,000 worth of checks to businesses under his control and to pay personal expenses and debt.
Jose Fernandez, 36, of Winter Haven, Florida, has been sentenced to five years and ten months in prison to be followed by three years of supervised release. Fernandez was charged in a five-count criminal information on January 25, 2023, and pleaded guilty.
This case was investigated by the Federal Bureau of Investigation, Internal Revenue Service Criminal Investigation, the Federal Deposit Insurance Corporation Office of Inspector General, and the Treasury Inspector General for Tax Administration. Also, the Gwinnett County Police Department provided substantial assistance in this investigation.
Assistant U.S. Attorneys Thomas J. Krepp and Tracia M. King prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Florida Resident Sentenced to 36 Months in Prison for Conspiracy to Commit Wire Fraud and Money LaunderingRead the Press Release
PITTSBURGH, PA - A Florida resident has been sentenced in federal court to 36 months in prison, to be followed by three years of supervised release, plus restitution of $158,250 on his conviction for conspiracy to commit wire fraud and money laundering, United States Attorney Eric G. Olshan announced today.
United States District Judge J. Nicholas Ranjan imposed the sentence on Adrian Orozco Perez, 26, of Kissimmee, Florida.
According to information presented to the court, Orozco Perez was part of a scam that targeted elderly victims in Pennsylvania, Tennessee, and Georgia. As part of the scam, the elderly victims were falsely informed that their grandchildren were being detained by law enforcement and needed cash in order to pay their bail. Orozco Perez, who functioned as a courier for the scam, picked up cash from the elderly victims at their homes while posing as a bail-bondsman.
Prior to imposing sentence, Judge Ranjan stated that Orozco Perez’s conduct had been egregious and emphasized the emotional and financial harm done to vulnerable victims. Orozco Perez was taken into the custody of the United States Marshals at the conclusion of the hearing.
Assistant United States Attorney Jeffrey R. Bengel prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Department of Homeland Security, Homeland Security Investigations for the investigation leading to the successful prosecution of Orozco Perez.
Florida Man Sentenced for BriberyRead the Press Release
BOSTON – A Florida man was sentenced yesterday in federal court in Springfield for paying bribes to receive contracts for work at a college in New York.
Willian Borges, 30, of Fort Lauderdale, Fla., was sentenced by U.S. District Court Judge Mark G. Mastroianni to two years of probation and forfeiture of $225,000. The government recommended a sentence of two years in prison. In October 2022, Borges pleaded guilty to one count of conspiracy to pay bribe payments and three counts of bribery concerning programs receiving federal funds.
Borges was a principal of DWD Builders, a general contracting firm, from 2018 to 2019. During this time, Borges paid bribes to co-conspirator Floyd Young, who held positions involving facility maintenance at a New York college, in exchange for preference in obtaining contracts for construction, repair, maintenance and other work for the college. The bribes Borges paid Young during face-to-face meetings were made in cash and worth 15% of the contract. In addition, as Borges received payment for work done at the college, he paid Young bribes on a periodic basis. Borges paid approximately $225,000 in exchange for approximately $2,250,000 in contracts.In August 2020, Young pleaded guilty to steering contracts for construction, repair, maintenance and other work for the colleges to favored contractors, including Borges, in exchange for bribe payments typically in the amount of 15% of the contract.
Acting United States Attorney Joshua S. Levy and Christopher DiMenna, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Steven H. Breslow of Levy’s Springfield Branch Office prosecuted the case.
Five Milwaukee Men Federally Indicted for Involvement in Armed Robberies of U.S. Postal CarriersRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on June 27, 2023, five Milwaukee men were indicted for their involvement in several armed robberies of U.S. postal carriers that occurred between October 2022 and March 2023. Huria H. Abu, age 20, was charged with four counts of Hobbs Act robbery, three counts of brandishing a firearm in furtherance of a crime of violence and one count of conspiracy.
Jessie L. Cook, age 19, was charged with two counts of Hobbs Act robbery, two counts of brandishing a firearm in furtherance of a crime of violence, and one count of conspiracy. Hussein A. Haji, age 21, was charged with one count of Hobbs Act robbery and one count of brandishing a firearm during a crime of violence. Darrion M. Allison, age 22, was charged with one count of Hobbs Act robbery, one count of brandishing a firearm in furtherance of a crime of violence, one count of theft of mail, and one count of conspiracy.
Abdi A. Abdi, age 22, was charged with two counts of Hobbs Act robbery, two counts of brandishing a firearm in furtherance of crime of violence, one count of theft of mail, and one count of conspiracy. As alleged in the indictment, the defendants robbed the U.S. postal carriers of arrow keys. They then used the arrow keys to steal U.S. mail from mail receptacles.
If convicted, each individual faces up to 20 years in prison on each robbery count and a minimum mandatory sentence of seven years and up to life in prison on each charge of brandishing a firearm during a crime of violence, which must run consecutive to any other sentence. If convicted of conspiracy, each individual faces up to five years in prison and if convicted of theft of mail, each individual faces up to five years in prison.
This matter is being investigated by the FBI’s Milwaukee Area Violent Crimes Task Force and the Milwaukee Police Department, in collaboration with the Milwaukee County District Attorney’s Office and the United States Postal Inspection Service. It is being prosecuted by Assistant United States Attorney Abbey M. Marzick.
The public is cautioned that an indictment is merely a charge, and the defendant is presumed innocent until and unless proven guilty.
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For Additional Information Contact:
Public Information Officer
Kenneth.Gales@usdoj.gov
414-297-1700
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Federal Jury Convicts Former Louisiana Police Officer of Civil Rights Violation for Using Dangerous Weapons to Assault a Non-Violent Loitering SuspectRead the Press Release
After a four-day trial, a federal jury convicted a former Louisiana police officer on one charge of deprivation of rights under color of law for assaulting a non-violent loitering suspect.
The evidence at trial established that Dylan Hudson, 36, physically assaulted a loitering suspect during a daytime arrest in Shreveport, Louisiana. During the arrest, the defendant repeatedly struck the suspect in the head and face. The conduct described during the trial and played for the jury on video from police dashboard cameras included several applications of potentially deadly force. The defendant struck the suspect in the head with a loaded pistol, tased him at the base of the skull, and kicked him in the face. The defendant’s fellow officers testified that the loitering suspect was non-violent throughout the entire arrest, and that the defendant’s repeated violations of training and policy created a danger not only to the suspect, but to others as well.
“This defendant’s conduct, captured on video, was appalling,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When an officer so grievously abuses the authority entrusted to him by his community, the Justice Department will respond with the full force of the law.”
“Dylan Hudson’s conduct during this incident was unacceptable and he does not deserve the honor of wearing the badge. I hope the victim, our Shreveport community and even the Shreveport Police Department can now begin to heal from Hudson’s unlawful conduct,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “This is the first trial resulting in a guilty verdict that we have ever had in the history of this district where the defendant was a member of the Shreveport Police Department. This administration is committed to aggressively investigating and prosecuting unjustified, use of force incidents to the fullest extent of the law.”
“Mr. Hudson’s despicable actions have no place in law enforcement,” said Special Agent in Charge Douglas A. Williams Jr. of the FBI New Orleans Field Office. “The FBI and its partners are dedicated to protecting the public from individuals who misuse the trust and authority of the badge.”
The maximum penalty for the charged crime is 10 years of imprisonment. Sentencing is scheduled for Oct. 26.
Assistant Attorney General Clarke, U.S. Attorney Brown and Special Agent in Charge Williams made the announcement.
The FBI the investigated the case.
Assistant U.S. Attorney Mary Mudrick for the Western District of Louisiana and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section prosecuted the case.
Federal Grand Jury Indicts Two Louisville Men for Possession of Firearms as Convicted FelonsRead the Press Release
Louisville, KY – A federal grand jury in Louisville returned a two-count indictment on May 2, 2023, charging two local men with possession of a firearm by a convicted felon.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division, and Chief Jacquelyn Gwinn-Villaroel of the Louisville Metro Police Department made the announcement.
According to the indictment, John Lindsay, 35, and Rayshawn Lee, 35, both of Louisville, are each charged with one count of possession of a firearm by a convicted felon.
According to the indictment, on January 22, 2023, Lindsay possessed a Taurus, Model G3C, 9-millimeter pistol. Lindsay was prohibited from possessing a firearm because he had previously been convicted of the following felony offenses. On November 4, 2016, in Jefferson Circuit Court, Lindsay was convicted of burglary in the third degree. On November 28, 2017, in Jefferson Circuit Court, Lindsay was convicted of promoting contraband and tampering with physical evidence. On July 21, 2021, in Jefferson Circuit Court, Lindsay was convicted of possession of a firearm by a convicted felon (2 counts), trafficking in a controlled substance I schedule II cocaine less than four grams, wanton endangerment I (2 counts), illegal possession of a controlled substance schedule I marijuana while in possession of a firearm, illegal possession of drug paraphernalia while in possession of a firearm, intimidating a participant in the legal process, strangulation II, assault IV third or subsequent offense, and criminal mischief I.
Also, according to the indictment, on January 22, 2023, Lee possessed a Kel-Tec, Model PF-9, 9-millimeter pistol. Lee was prohibited from possessing a firearm because he had previously been convicted of the following felony offenses. On September 10, 2008, in Jefferson Circuit Court, Lee was convicted of assault second degree. On August 14, 2017, Lee was convicted of wanton endangerment in the second degree.
The defendants made their initial court appearance on June 28, 2023, before a U S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. Both defendants remain in federal custody. If convicted, both defendants face a maximum sentence of 15 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
This case is being investigated by ATF and LMPD.
Assistant U.S. Attorney Frank Dahl 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.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Federal Bureau of Prisons Nurse Sentenced for Contraband Smuggling and Bribery ConspiracyRead the Press Release
MIAMI – Ruben Montanez-Mirabal, 33, who worked as a registered nurse for the Federal Bureau of Prisons (“BOP”) at the Federal Detention Center – Miami (“FDC-Miami”) has been sentenced to 72 months in prison after pleading guilty to conspiring to receive bribes and introduce prohibited objects, including controlled substances, into a federal prison, and to introducing prohibited objects into a federal prison, arising from his illegal deliveries of contraband to inmates at FDC-Miami.
From November 2021 through late August 2022, Montanez-Mirabal solicited and obtained illegal payments from FDC-Miami inmates in exchange for violating his official duties and FDC-Miami rules by bringing in and delivering to them prohibited objects, including sheets of paper that were soaked with synthetic cannabinoids. In exchange for this illegal activity, Montanez-Mirabal accepted thousands of dollars in bribes from these inmates and their associates. Along with these payments, Montanez-Mirabal also solicited and received other things of value from inmates, including the free use of a Lamborghini and a Rolls-Royce.
Montanez-Mirabal would bring these drug-soaked pages and other prohibited items into FDC-Miami and then either deliver them directly to the inmates or hide them in places where the inmate paying him would be able to recover the contraband. Those inmates would then re-sell the pages to other inmates at a rate of $1,500 per page. Montanez-Mirabal made a number of these deliveries, providing over 100 drug-soaked pages, worth more than $150,000 in total, to inmates inside FDC-Miami in exchange for the bribes he received.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, and Special Agent in Charge James Boyersmith, Department of Justice Office of Inspector General (DOJ-OIG), Miami Field Office, announced the sentence imposed by U.S. District Judge Jose E. Martinez.
U.S. Attorney Lapointe commended the investigative efforts of the FBI’s Miami Area Corruption Task Force and DOJ-OIG in this case. Assistant U.S. Attorney Edward N. Stamm prosecuted it.
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 23-cr-20051.
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Drug Smuggler Sentenced to 10 Years PrisonRead the Press Release
COEUR D'ALENE – Dalila Miller, 39, of San Diego, California, was sentenced to 10 years in federal prison for conspiracy to distribute methamphetamine and cocaine, U.S. Attorney Josh Hurwit announced today.
According to court records, on October 23, 2020, U.S. Border Patrol agents spotted Miller’s vehicle in a remote area in North Idaho near the U.S. and Canadian Border. Agents from both the U.S. and Canada responded to the area. When U.S. Border Patrol arrived at the location Miller’s vehicle was initially seen, they located two men standing near bags containing 227 pounds of methamphetamine and cocaine. The two men immediately fled into Canada leaving the bags behind. U.S. Border Patrol agents eventually tracked down and stopped Miller in her vehicle leaving the area and Royal Canadian Mounted Police (RCMP) tracked down and arrested the two men who had fled into Canada after running from U.S. Border Patrol. The men arrested by the RCMP were identified as Lawrence Edward Dwyer of Cranbrook, British Columbia, and Jason Cyrus Arkinstall, of Mission City, British Columbia. Arkinstall is a member of the Mission City chapter of the Hells Angels Motorcycle Club. Both Arkinstall and Dwyer were prosecuted in Canada for their involvement in the incident.
Miller was indicted in federal court in the District of Idaho for her role in the offense. She pleaded guilty in December 2022 to conspiracy to distribute methamphetamine and cocaine. Law enforcement’s investigation showed that Miller had traveled from the Seattle, Washington area with the bags containing methamphetamine and cocaine and dropped them off at the border where it was to be packed across into Canada.
Miller was sentenced by Chief District Judge David C. Nye on Wednesday June 28, 2023, in
Coeur d’Alene, Idaho. Upon completion of her prison time, Miller was also ordered to serve an additional five years of supervised release.
U.S. Attorney Hurwit, of the District of Idaho, credited the cooperative efforts of the Drug Enforcement Administration, the U.S. Border Patrol, Boundary County Sheriff’s Office, Idaho State Police, and the Royal Canadian Mounted Police, which led to the charges.
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Deputy U.S. Marshal Pleads Guilty to Obtaining Cell Phone Location Information UnlawfullyRead the Press Release
A deputy U.S. Marshal pleaded guilty today to misusing a law enforcement service to obtain cell phone location information for personal use.
According to court documents, Adrian Pena, 49, of Del Rio, Texas, used a law enforcement service to locate individuals with whom Pena had personal relationships and their spouses. Pena obtained the cell phone data by uploading blank and random documents to a system operated by Securus Technologies exclusively for authorized law enforcement purposes. Pena falsely certified that those documents were official and that they granted Pena permission to obtain the individuals’ data.
“Adrian Pena abused his position as a deputy U.S. Marshal when he used a law enforcement service to locate the cell phones of personal associates and their spouses, and then lied to cover up his illegal actions,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As this prosecution demonstrates, the Justice Department and our partners are committed to holding accountable any official who violates the public’s trust and misuses sensitive law enforcement capabilities for personal ends.”
Pena also lied to law enforcement during the investigation. When Pena was asked, “Other than yourself, have you ever pinged anybody using the system? You know, family members, friends, ex-girlfriend?,” Pena falsely responded, “No.” After the interview, Pena attempted to cover up his illegal actions by asking one of the individuals for a notarized letter. Pena then drafted a statement in the individual’s name and caused the individual to sign it. The statement falsely stated that the individual granted Pena unlimited access to the individual’s social media and cell phone data, including call history, text messages, and cell phone location data.
“We trust law enforcement officers to act with integrity. Instead, Pena abused his access to sensitive information for personal gain,” said Special Agent in Charge Cloey C. Pierce of the Department of Justice Office of the Inspector General (DOJ-OIG) Dallas Field Office. “The DOJ-OIG is committed to rooting out those who abuse their power and bringing them to justice.”
Pena pleaded guilty to unlawfully obtaining confidential phone records. He faces a maximum penalty of 10 years in prison. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The DOJ-OIG is investigating the case.
Deputy Chief Robert Heberle and Trial Attorney Nicole Lockhart of the Criminal Division’s Public Integrity Section (PIN) are prosecuting the case, with substantial assistance from PIN Trial Attorney Alexander Gottfried.
Denton Man Sentenced to 15 Years for Conspiracy to Distribute DrugsRead the Press Release
United States Attorney Steven Russell announced that Steven Michael Luedtke, 47, of Denton, Nebraska, was sentenced on June 29, 2023, to 15 years of imprisonment for his involvement in a conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine mixture, five kilograms or more of cocaine and 100 kilograms or more of marijuana, with a prior serious drug felony conviction, by Senior United States District Judge John M. Gerrard. Following his release from prison, Luedtke will serve 10 years on supervised release. There is no parole in the federal system.
Information provided to law enforcement indicated between January of 2020 and June of 2021, Luedtke was a member of a conspiracy to obtain methamphetamine and other drugs in Mexico, Texas, Colorado, and Alabama for transport to the Lincoln, Nebraska area for resale. Luedtke provided other members of the conspiracy with cash to buy drugs, made trips to obtain drugs, and sold firearms to another member of the conspiracy.
In March of 2021, Luedtke was contacted by law enforcement and was found in possession of approximately ¼ ounce of methamphetamine, ¼ ounce of marijuana and a digital scale. He admitted having purchased more than 70 ounces of methamphetamine for resale over the prior year. In June of 2021, Luedtke was contacted again and was found in possession of approximately 1 ¼ ounces of methamphetamine, 1 ½ ounces of marijuana, another digital scale and packaging materials. He admitted he had just purchased an ounce of methamphetamine before being contacted by officers.
Luedtke had a prior conviction for conspiracy to distribute methamphetamine in the District of Nebraska. He was sentenced to 180 months in prison in that case in March of 2006.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Denton County Sex Offender Sentenced for Child Exploitation ViolationsRead the Press Release
SHERMAN, Texas – A Denton man has been sentenced to six years in federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Michael Ray Guillory, 67, pleaded guilty to child exploitation violations and was sentenced to 72 months in federal prison by U.S. District Judge Amos L. Mazzant.
According to information presented in court, Guillory came to the attention of law enforcement when it was discovered that he was chatting with a 13-year-old child on an online social media platform. The messages from Guillory were sexually charged and included descriptions of the sex acts Guillory wanted to perform on the child when they met in person. In support of his interest, Guillory sent the child a number of pornographic images and videos, depicting the sex acts he described. Through investigation, law enforcement determined that Guillory had been engaging in similar chats with other suspected minors. Officers also discovered that Guillory is a registered sex offender in Denton County due to prior convictions for solicitation of a minor to commit sexual assault and possession of child pornography.
Guillory pleaded guilty to two counts of transferring obscene material to minors and was sentenced to 6 years of imprisonment on each count, to be served concurrently.
“Through social media platforms, predators like this defendant have access to our children’s bedrooms from anywhere in the country,” said U.S. Attorney Damien M. Diggs. “Repeat offenders like Mr. Guillory demonstrate an unwillingness or inability to stop committing these crimes, further contributing to the trauma already inflicted on child victims. Today’s sentence demonstrates the commitment of both state and federal law enforcement to make our children safer by ensuring that dangerous repeat offenders like Mr. Guillory are in prison where they belong.”
“This defendant preyed on innocent children without regard for the long-lasting harm his actions would cause,” said Lester R. Hayes Jr., Special Agent in Charge HSI Dallas. “HSI will never relent in our commitment to identifying and prosecuting those who exploit and victimize children.”
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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations, Denton Police Department, and West Jordan, Utah Police Department and prosecuted by Assistant U.S. Attorneys Marisa J. Miller.
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Couple Charged with COVID-19 Loan Fraud SchemeRead the Press Release
NEWARK N.J. – A New Jersey and Texas man and woman were arrested in Texas on charges related to fraudulently obtaining Economic Injury Disaster Loans (EIDL) totaling approximately $790,000, U.S. Attorney Philip R. Sellinger announced today.
Diana Valteri, 40, and Edmond Haxhillari, 42, of Sparta, New Jersey, and Cypress, Texas, are charged by complaint with one count of wire fraud and one count of money laundering. Both are scheduled to appear before U.S. Magistrate Judge Jessica S. Allen in Newark federal court on July 7, 2023.
According to documents filed in this case and statements made in court:
Valteri and Haxhillari are a married couple who from June through August 2020, participated in a fraudulent scheme to receive $790,000 in COVID-19 emergency relief loans and cash advances meant for distressed small businesses under the EIDL program. Valteri and Haxhillari submitted fraudulent loan applications on behalf of several businesses that purported to have employees and revenue, but were actually shell companies with no actual business operations. After receiving the EIDL funds based on their fraud, Valteri and Haxhillari diverted the proceeds for their own personal gain.
The wire fraud charge carries a maximum penalty of 20 years in prison, and the money laundering charge carries a maximum penalty of 10 years in prison. Each charge also carries a maximum fine of $250,000, or twice the gross gain to the defendants or gross loss to the victim, whichever is greatest.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy; special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins; special agents of the Social Security Administration, Office of the Inspector General, under the direction of Special Agent in Charge Sharon MacDermott, and special agents from the Small Business Administration, Office of the Inspector General, under the direction of Special Agent in Charge Amaleka McCall-Brathwaite, Eastern Regional Office, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Fatime Meka Cano of the Economic Crimes Unit in Newark.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
valteri.complaint.pdfConvicted Felon Pleads Guilty to Trying to Buy Two FirearmsRead the Press Release
Jacksonville, FL – United States Attorney Roger B. Handberg announces that Byron Jones, Jr. (34, Jacksonville) has pleaded guilty to making a false statement to a federally licensed firearms dealer during the attempted purchase of two firearms. Jones faces a maximum penalty of five years in federal prison.
According to court documents, Jones completed an ATF Form 4473 during his attempted purchase of two 9mm pistols from Academy Sports and Outdoors, a federally licensed firearms dealer. Jones indicated on the required paperwork that he was not a convicted felon despite having felony convictions from 2015 and 2018 for illegal drug possession and carrying a concealed firearm.
This is another case uncovered through the FBI’s National Instant Criminal Background Check System (NICS). All NICS denials are reported to federal law enforcement and reviewed daily for potential criminal prosecution. Federal law makes it a felony offense to make a false statement to a firearms dealer when trying to buy a firearm.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Frank Talbot.
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.
Cartel-Linked Meth Trafficker Sentenced to Life in Prison Following Threats to Inmates, AgentRead the Press Release
A major Dallas drug trafficker was sentenced yesterday to life in prison for trafficking methamphetamine out of his car dealership, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
In December 2021, after four days of trial, a federal jury convicted Marco Antonio Gonzalez, 45, of one count of conspiracy to possess with intent to distribute a controlled substance, two counts of possession with intent to distribute a controlled substance, and one count of possession of a firearm by a convicted felon. He was sentenced Thursday by U.S. District Judge Brantley Starr.
According to evidence presented at trial, Mr. Gonzalez, an associate of the Jalisco New Generation Cartel (CJNG) who called himself “Speedy,” dealt methamphetamine out of Hampton Motors, a car dealership he owned. He and several coconspirators stored large quantities of narcotics at the dealership and used proceeds of drug sales to purchase vehicles in order to disguise the source of the funds.
The defendants used homes in Dallas and DeSoto to serve as laboratories for the recrystallization of methamphetamine, and often carried firearms on those premises. Agents testified at trial that members of the cartel trafficked thousands of kilograms of methamphetamine this way.
During trial, prosecutors discovered that Mr. Gonzalez threatened to kill one of his co-conspirators, who was slated to testify against him. The threatened man went on to testify anyway, saying that Mr. Gonzalez used his dealership as a front for large-scale drug deals. In another instance, Mr. Gonzalez attacked another inmate who Mr. Gonzales believed would be testifying during his trial. And during trial, Mr. Gonzalez passed a note to federal agents that was believed to represent a threat against the agents.
During sentencing, these facts were discussed at length and Judge Starr stated that the life sentence for Gonzales was based, in part, on these egregious acts.
Ten of his co-conspirators entered guilty pleas prior to trial.
The Drug Enforcement Administration’s Dallas Field Division and the Dallas Police Department conducted the investigation with the assistance of the Garland Police Department and the Ellis County Sheriff’s Office. Assistant U.S. Attorneys P.J. Meitl and John Kull prosecuted the case.
Cantina owner admits to forcing young girl to engage in commercial sexRead the Press Release
McALLEN, Texas – A 65-year-old Mexican woman who legally resided in Mission has admitted to forcing a young girl to engage in commercial sex.
Rita Martinez compelled the underage victim to engage in commercial sex work in a cantina she owned and operated in Mission known as Perez Lounge, Rita’s Lounge and Rita’s Sports Bar.
“Using her cantina as a front, Rita Martinez forced a young migrant girl into sexual acts with Rita’s male patrons,” said U.S. Attorney Alamdar S. Hamdani. “No one should have to endure that kind of treatment. Sometimes it takes time, but we will not give up. We will make sure people like Martinez answer for violating the laws of the United States by preying on the weak and vulnerable members of our society.”
“Human trafficking – particularly trafficking of children – is a reprehensible crime with far reaching consequences. Traffickers degrade human dignity and decimate individual rights while at the same time undermining public safety, border security, economic opportunity, and the rule of law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains committed to prosecuting human traffickers for this heartless exploitation of vulnerable young people and to obtaining restitution on behalf of victims.”
As part of the plea, she acknowledged from the spring of 2005 to the fall of 2006, the 16-year-old Mexican minor lived in Martinez’ home and worked at her bar. Martinez arranged for male patrons of the cantina to take this minor girl from the cantina in order to engage in commercial sex. Martinez profited financially by accepting money from those male patrons. Martinez kept the money and applied it to the cost of the minor victim’s fee for the transportation from Mexico into the United States.
“This case is a reminder of the need for aggressive pursuit of all those who would take advantage of anyone in vulnerable or desperate circumstances,” said FBI Special Agent in Charge Oliver E. Rich Jr. “The FBI and our law enforcement partners are dedicated to protecting people from these horrible predators and will do everything we can to bring these perpetrators to justice. We would like to thank the Texas Alcoholic and Beverage Commission (TABC) for their outstanding assistance in this case.”
Genaro Fuentes, 41, Martinez’s son, pleaded guilty Jan. 26 and admitted his role working at the bar and helping to facilitate the commercial sex.
Chief U.S. District Judge Randy Crane will impose sentencing for Martinez and Fuentes Sept. 7 and July 6, respectively. Martinez faces a minimum of 10 years and up to life in prison, while Fuentes could receive a 20-year maximum sentence.
Martinez and Fuentes have been and will remain in custody pending sentencing.
The FBI has led the investigation with assistance from the TABC. Assistant U.S. Attorneys Laura Garcia and Sherri Zack are prosecuting the case along with Trial Attorney Kate Hill of the Department of Justice’s Human Trafficking Prosecution Unit.
Boston Man Sentenced to 10 Years in Prison for Drug Trafficking Following Two-Kilogram Cocaine DealRead the Press Release
BOSTON – A Boston man was sentenced yesterday for selling two kilograms of cocaine and possessing nearly one kilogram of heroin as well as a high-powered rifle in East Boston.
Carlos Acosta Estrella, 33, was sentenced by U.S. District Court Judge Leo T. Sorokin to 10 years in prison and eight years of supervised release. In September 2022, Estrella pleaded guilty to one count of possession with intent to distribute 500 grams or more of cocaine, one count of possession with intent to distribute 100 grams or more of heroin and one count of possession of a firearm during a drug trafficking offense. Estrella was indicted along with his mother, Ana Guadalupe Acosta Grajeda, in October 2019.Estrella and Grajeda were arrested after they were videotaped selling two kilograms of cocaine to a cooperating witness in East Boston. A search of Estrella and Grajeda’s apartment in East Boston resulted in the seizure of nearly one kilogram of heroin, an additional kilogram of cocaine, numerous cellphones, a high-powered tactical shotgun with a laser sight and a box of ammunition for the shotgun.
Grajeda was sentenced in June 2022 after previously pleading guilty to possession with intent to distribute 500 grams or more of cocaine and has since been deported to Mexico.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Boston Police Commissioner Michael A. Cox made the announcement. Assistant U.S. Attorney Christopher Pohl of Levy’s Narcotics & Money Laundering Unit prosecuted the case.
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.
Bogue Chitto Man Pleads Guilty to Shooting at a Law Enforcement OfficerRead the Press Release
Jackson, Miss. – A Bogue Chittto man pled guilty to shooting at a law enforcement officer, announced U.S. Attorney Darren J. LaMarca and Acting Special Agent in Charge Anthony Spotswood of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court records, on March 17, 2020, in the Bogue Chitto Community of the Choctaw Indian Reservation, Shane Alexander Bell, Jr., 27, assaulted a law enforcement officer by firing a handgun at him, resulting in damage to the officer’s home. Fortunately, the officer was unharmed. In November of 2022, a federal grand jury indicted Bell for using a firearm in furtherance of a crime of violence.
Bell faces a penalty of not less than ten years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by the Choctaw Police Department of the Mississippi Band of Choctaw Indians, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case was prosecuted by Assistant United States Attorney Kevin J. Payne and Special Assistant United States Attorney Brian K. Burns.
Armed Drug Trafficker Sentenced to 24 Months in PrisonRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced today that Edgar Correa, aka “Joker,” 35, of Springfield, Massachusetts was sentenced today to serve 24 months of imprisonment after his conviction for possession with intent to distribute cocaine and cocaine base, to be followed by a three-year term of supervised release. Correa pleaded guilty to the drug trafficking crime on March 17, 2023. Correa’s co-defendant, Jose Luis Maldonado, Jr., aka “Peeto,” remains pending trial, which has not yet been scheduled.
According to court records, on October 12, 2022, law enforcement was monitoring electronic video surveillance of a house on Robbins Street in Rutland, Vermont where drug trafficking activity was suspected. On the video, officers noted a man, later identified as Maldonado, carrying a black shotgun with a pistol grip and walking with another man, later identified as Correa, toward a white Honda Civic. The two put bags in the trunk and left the premises. Rutland Police officers located the vehicle and conducted a traffic stop. Four firearms were in the vehicle, including the shotgun in the trunk, a .380 caliber pistol beneath Correa’s seat, a .38 Special revolver between Correa’s seat and the center console, and a .22 caliber pistol between Maldonado’s seat and the center console. A search of the vehicle revealed two bags, found to contain approximately 24 grams of cocaine base, approximately 7 grams of cocaine, and over 550 bags of fentanyl. When Correa was searched incident to arrest, he was found in possession of a firearm magazine loaded with .380 caliber ammunition and a digital scale commonly used to weigh drugs for the purposes of selling a particular quantity.
United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Vermont State Police’s Drug Task Force, the Rutland Police Department, Homeland Security Investigations, and the Federal Bureau of Investigation.The prosecutor was Assistant United States Attorney Jonathan Ophardt. Correa was represented by Federal Public Defender Michael Desautels, Esq.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Arkansas Man Pleads Not Guilty to Charge of Enticement of a Minor to Engage in Unlawful Sexual ActivityRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on June 30, 2023, Nicholas Shelton, 24, of Hope, Arkansas, pleaded not guilty to a single-count indictment that charges him with using a facility of interstate and foreign commerce to entice, persuade, and coerce a minor to engage in sexual activity for which a person could be held criminally liable. United States Magistrate Judge Kevin J. Doyle had previously ordered that Shelton remain in custody until trial, which has not been scheduled.
According to court records and proceedings, in approximately March 2023, Shelton began communicating with a 15-year old minor female victim from Essex, Vermont, using various social media platforms, telephone conversations, and text messaging. The communications between Shelton and the minor victim included sexually explicit content. Shelton traveled to Vermont in early April and met with the minor victim, who hid him in the garage of her family’s home. After her parents discovered Shelton, they instructed him to leave and to leave their daughter alone. Instead, Shelton and the minor victim left together, which triggered the filing by the parents of a missing persons report with the Essex Police Department. Three days later, Shelton and the minor victim were discovered camping in a wooded area near Sand Hill Park in Essex, Vermont. Shelton was taken into custody. Shelton gave consent for law enforcement to search his cell phone, which is where his communications with the minor victim were discovered.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Essex Police Department, Homeland Security Investigations, and the Vermont Internet Crimes Against Children Task Force.
Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Shelton. Shelton is represented by Assistant Federal Public Defender Steven L. Barth.
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 Child Exploitation Obscenity Section, Criminal Division (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.
29 June 2023
Wyoming man admits traveling to Bozeman with intent to engage in sex with minorRead the Press Release
MISSOULA — A Wyoming man today admitted to a crime accusing him of traveling to Montana with the intent to engage in sex with a minor, U.S. Attorney Jesse Laslovich said.
Jeremy George Lusk, 38, of Crowley, Wyoming, pleaded guilty to travel with intent to engage in illicit sexual conduct. Lusk faces a maximum of 30 years imprisonment, a $250,000 fine and a minimum of five years to life of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Oct. 30 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Lusk was released pending further proceedings.
The government alleged in court documents that in January, a Bozeman Police Department officer was working undercover and observed an ad on a social media application asking if anyone wanted to engage in sexual relations with a 38-year-old from Bridger, Montana. The ad stated the individual was looking for someone between the ages of 18 and 68. The undercover responded that she was 14 years old and lived in Bozeman. Lusk told the undercover to contact him when she turned 18, and the undercover responded telling Lusk to contact her if he changed his mind. Luck re-initiated contact the same day, and the conversation turned sexual. The communications led to Lusk sending a nude photo of himself. On Feb. 22 and through the morning of Feb. 23, Lusk wrote messages indicating his intent to travel to Bozeman and that he was on his way. Law enforcement determined Lusk lived and worked in Wyoming. After being directed to a specific location by the undercover, officers arrested Lusk when he arrived. Lusk admitted to having online sexually explicit discussions with a 14-year-old and had come to Bozeman with the intent to meet her for a sexual encounter.
Assistant U.S. Attorney Zeno B. Baucus is prosecuting the case. The Bozeman Police Department and Homeland Security Investigations conducted the investigation.
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 U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Woodland Hills Brothers Found Guilty of Fraudulently Obtaining Federal Tax Refunds and Laundering Proceeds Through U.K. BanksRead the Press Release
LOS ANGELES – Two San Fernando Valley brothers have been found guilty by a jury of nearly a dozen felonies for fraudulently obtaining hundreds of thousands of dollars in federal income tax refunds, some of which they then laundered through bank accounts held in the United Kingdom, the Justice Department announced today.
Victor A. Ohiri, 55, and Stephen O. Danielson-Ohiri, 54, both of Woodland Hills, were found guilty late Wednesday of one count of conspiracy and 10 counts of theft of government property.
According to evidence presented at their two-day trial, from March 2014 to March 2015, Victor and Stephen Ohiri, together with others in the United Kingdom, conspired to use the Ohiris’ U.S.-based bank accounts to fraudulently obtain hundreds of thousands of dollars of federal income tax refunds.
The co-conspirators filed nearly 20 fraudulent federal income tax returns with the IRS in the names of victim-taxpayers whose identities they had stolen. The co-conspirators used fake documents, such as bogus Forms W-2, to file the fraudulent returns, which requested large tax refunds, often between $8,000 and $10,000.
Based on the fraudulent returns, the IRS issued tax refunds, which were electronically transmitted not to the victim-taxpayers whose identities had been stolen, but instead to bank accounts controlled by Victor and Stephen Ohiri. The Ohiris then wired the majority of those refund proceeds to co-conspirators in the United Kingdom, and they withdrew the rest in cash for themselves.
During the conspiracy, approximately $340,000 in federal income tax refunds was deposited into accounts controlled by the Ohiris.
During the investigation, IRS investigators seized approximately $181,000 from two of Stephen Ohiri’s bank accounts – money that came from just one of the fraudulently obtained tax refunds.
United States District Judge Stephen V. Wilson has scheduled an October 2 sentencing hearing, at which time Victor Ohiri and Stephen Ohiri will face statutory maximum sentences, respectively, of 115 years and 60 years in federal prison.
IRS Criminal Investigation and Homeland Security Investigations investigated this matter.
Assistant United States Attorney Morgan J. Cohen of the Major Frauds Section is prosecuting this case.
West Richland Resident Sentenced to 15 Months in Federal Prison for Fraudulently Obtaining $337,267 in COVID-19 Relief FundsRead the Press Release
Richland, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Jimia Rae Cain, age 52, of West Richland, Washington, was sentenced to 15 months in federal prison for fraudulently obtaining $337,267 in COVID-19 relief funds. United States District Judge Mary K. Dimke announced the sentence, the most recent obtained by the COVID-19 Relief Fraud Strike Force Strike Force.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One such program, the Paycheck Protection Program (PPP), provided government-backed funding to small businesses which could be forgiven so long as the proceeds were used for payroll and other eligible expenses. Another program, the Economic Injury Disaster Loan (EIDL) program, provided low interest loans that could be deferred until the conclusion of the pandemic to provide “bridge” funding for small businesses to maintain their operations during shutdowns and other economic circumstances caused by the pandemic. The PPP and EIDL programs have provided billions of dollars in aid, the vast majority of which have not been paid back, including hundreds of millions of dollars disbursed within Eastern Washington.
“COVID-19 relief programs were designed to lift up our community during crisis, and because of the number of people and businesses that requested funding, deserving small businesses were not able to obtain desperately needed funding,” said U.S. Attorney Waldref. “We created the Eastern Washington COVID-19 Fraud Strike Force because combatting pandemic-related fraud and holding those accountable who abused these programs is critical to the strength and safety of our community in Eastern Washington. The Strike Force works to ensure that limited resources are used to protect our local small businesses and the critical jobs and services that they provide for the community.”
In February 2022, U.S. Attorney Waldref and the U.S. Attorney’s Office (USAO) began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the USAO, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S. Homeland Security Investigations, U.S. Department of Veterans Affairs OIG, General Services Administration OIG, Department of Homeland Security (DHS) OIG, Internal Revenue Service, Department of Energy OIG, and others.
According to court documents and information disclosed during court proceedings, Cain fraudulently obtained $337,267 in CARES Act funding – a $71,900 EIDL and a $265,267 PPP – in July and August of 2020 in the name of her purported business Americore Construction. According to court documents, Cain used false statements and fictitious tax and payroll documentation in order to obtain the funds. In truth, Americore was not an active business during the relevant time period, did not have any employees, and was not eligible for any federal funding.
In addition to the 15-month prison sentence, Cain was sentenced to 3 years of federal supervision following her release, and is required to repay full restitution of $337,267.
“This sentence demonstrates that falsifying information to gain access to taxpayer dollars will not be overlooked and wrongdoers will be brought to justice,” said SBA OIG’s Western Region Acting Special Agent in Charge Keven Standley. “I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.
“I commend the stellar investigative work on these cases performed by the Strike Force and especially in this case by SBA OIG and TIGTA” said U.S. Attorney Waldref. “We will continue to work together with our law enforcement partners to vigorously prosecute those who abuse and misuse COVID-19 relief funding, and to strengthen our communities by protecting our small and local businesses.”
This case was investigated by the Eastern District of Washington COVID-19 Fraud Strike Force and by the SBA OIG and TIGTA. Assistant United States Attorneys Dan Fruchter and Tyler Tornabene prosecuted this case on behalf of the United States.
Case No. 4:22-CR-6042-MKD
Waco Woman Sentenced to 10 Years in Federal Prison for Identity Theft and Credit Card Fraud in Eastern District of TexasRead the Press Release
SHERMAN, Texas – A Waco woman has been sentenced to 10 years in federal prison for identity theft and credit card fraud in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Ashley Renee Cagle, 43, pleaded guilty to aggravated identity theft and access device fraud and was sentenced to 120 months in federal prison by U.S. District Judge Amos Mazzant.
According to information presented in court, Cagle was arrested by McKinney Police Department officers in May of 2021 when she was found to be in possession of stolen United States mail along with multiple credit and debit cards. Further investigation showed that Cagle engaged in wire fraud when she passed a check using another person’s driver license number at a Wal Mart in the Eastern District of Texas. According to information presented during the sentencing hearing, six businesses suffered financial losses as a result of Cagle’s fraudulent check passing scheme. During the sentencing hearing, Judge Mazzant noted Cagle’s extensive criminal history and the need for protection of the public when he sentenced Cagle to a term of ten years in federal prison.
“This case is an example of the hard work of the U.S. Postal Inspection Service and the U.S. Secret Service investigating identity theft, wire fraud, and mail theft and bringing these cases to prosecution by the U.S. Attorney's Office,” said U.S. Attorney Damien M. Diggs. “Identity theft causes harm not only to businesses who are defrauded, but to those individuals whose private information is used to carry out the crime. The U.S. Attorney's Office will continue to partner with federal and local law enforcement to investigate and vigorously prosecute these offenses.”
This case was investigated by the U.S. Postal Inspection Service, the U.S. Secret Service and the McKinney Police Department.
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Virginia Sheriff, Three Others Indicted on Federal Bribery ChargesRead the Press Release
CHARLOTTESVILLE, Va. – An indictment was unsealed today charging the Sheriff of Culpeper County, Virginia, and three other Virginia men with a conspiracy to exchange bribes for law enforcement badges and credentials, federal programs bribery, and honest services fraud.
According to the indictment, from at least April 2019, Culpeper County Sheriff Scott Howard Jenkins, 51, accepted cash bribes and bribes in the form of campaign contributions totaling at least $72,500 from Rick Tariq Rahim, 55, of Great Falls, Virginia, Fredric Gumbinner, 64, of Fairfax, Virginia, James Metcalf, 60, of Manassas, Virginia, and at least five others, including two FBI undercover agents. In return, Jenkins appointed each of the bribe payors as auxiliary deputy sheriffs, a sworn law-enforcement position, and issued them Culpeper County Sheriff’s Office badges and identification cards. Jenkins told or caused others to tell the bribe payors that those law-enforcement credentials authorized them to carry concealed firearms in all fifty states without obtaining a permit. In addition, Jenkins assisted Rahim in gaining approval for a petition to restore his firearms rights filed in Culpeper County Circuit Court that falsely stated that Rahim resided in Culpeper County.
“Scott Jenkins not only violated federal law but also violated the faith and trust placed in him by the citizens of Culpeper County by accepting cash bribes in exchange for auxiliary deputy badges and other benefits,” United States Attorney Christopher R. Kavanaugh said today. “Our elected officials are expected to uphold the rule of law, not abuse their power for their own personal, financial gain.”
"As law enforcement officers, we are sworn to protect and serve our communities. We do that by upholding the law - equally, and not abusing the powers that are entrusted to us,” Special Agent in Charge Stanley M. Meador of the FBI’s Richmond Division said today. “With today's announcement, FBI Richmond re-enforces our commitment - to the community - of ensuring abuses of public trust will not be tolerated and those responsible will be held accountable.”
Jenkins is charged with one count of conspiracy, four counts of honest-services mail and wire fraud, and eight counts of federal programs bribery. Rahim is charged with one count of conspiracy, three counts of honest-services mail and wire fraud, and three counts of federal programs bribery. Gumbinner is charged with one count of conspiracy, one count of honest-services wire fraud, and two counts of federal programs bribery. Metcalf is charged with one count of conspiracy, one count of honest-services wire fraud, and two counts of federal programs bribery.
If convicted, each defendant faces up to 5 years in prison on the conspiracy count, up to 20 years in prison on each of the honest-services mail and wire fraud counts, and up to 10 years in prison on each of the federal programs bribery counts. A federal district court judge will determine any sentence for all four defendants after considering the U.S. Sentencing Guidelines and other statutory factors.
The defendants are scheduled to make their initial court appearances today in U.S. District Court for the Western District of Virginia.
The FBI’s Richmond Field Office, Charlottesville Resident Agency is investigating the case. Trial Attorney Celia Choy of the Justice Department’s Public Integrity Section and Assistant U.S. Attorneys Heather Carlton and Melanie Smith of the Western District of Virginia are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
University of Oklahoma Professor and Wife Sentenced to Prison for Federal Grant FraudRead the Press Release
OKLAHOMA CITY – SHAORONG LIU, 60, and JUAN LU, 60, both of Norman, were sentenced to serve more than three years collectively in federal prison and ordered to pay $2.1 million in restitution for making false statements involving a Department of Energy grant, announced United States Attorney Robert J. Troester.
On February 18, 2021, a federal grand jury returned a 16-count Superseding Indictment against Liu and Lu. On April 21, 2021, Liu pleaded guilty to making a materially false statement regarding a matter pertaining to the United States Department of Energy. On May 24, 2021, Lu pleaded guilty to using documents containing materially false statements regarding a matter pertaining to the Department of Energy.
Public records reflect that Liu served since 2008 as a professor at the University of Oklahoma in its Department of Chemistry and Biochemistry. In approximately 2001, Liu and his wife Lu formed and controlled a company called MicroChem Solutions (MCS). Through MCS, they applied for and received federal grant monies from the Small Business Technology Transfer Program of the Department of Energy. The mission of the grant program was to support scientific excellence and technological innovation through the investment of federal research funds in critical American priorities to build a strong national economy. However, Liu and Lu spent this grant money on matters unrelated to the purpose of the grant funding, including on personal expenses. Liu and Lu also made false statements and submitted altered documents to the Department of Energy regarding how they spent grant money.
At recent sentencing hearings, United States District Judge Scott L. Palk sentenced the defendants as follows:
- Shaorong Liu was sentenced on June 21, 2023, to 27 months in federal prison and a $10,000.00 fine. This term of imprisonment will be followed by two years of supervised release.
- Juan Lu was sentenced on June 28, 2023, to 14 months in federal prison and a $10,000.00 fine. This term of imprisonment will be followed by two years of supervised release.
In addition to the prison sentences and fine, the Court ordered the defendants to pay $2,100,000.00 in restitution to the United States Department of Energy. In fashioning the sentences, Judge Palk found that Liu and Lu were unintended recipients of the grant due to their false statements and noted the seriousness of the offense and the need to deter others from engaging in similar conduct.
This case is the result of an investigation by the Department of Energy Office of Inspector General, the National Science Foundation Office of Inspector General, and the FBI Oklahoma City Field Office. The case was prosecuted by Assistant U.S. Attorneys Will Farrior and Matt Dillon.
Reference is made to public filings for more information.
United States Settles False Claims Allegations Against Evergreen Hospice, LLC for $48,830Read the Press Release
TULSA, Okla. – United States Attorney Clinton J. Johnson announces that Evergreen Hospice, LLC (Evergreen), a hospice company located in Tulsa, Oklahoma, has agreed to pay $48,830.70 to resolve allegations that it violated the False Claims Act by knowingly submitting false claims to Medicare for hospice care provided to beneficiaries who did not qualify for the services. The claims resolved by the settlement are allegations only; there has been no determination of liability.
“Unfortunately, some healthcare providers seek to defraud Medicare by billing unnecessary hospice services,” stated U.S. Attorney Clinton Johnson. “Left unchecked, this misconduct would deplete funds available for terminally ill patients desperately in need of the relief that hospice care provides. This settlement should serve as notice to others who consider similar practices that we will vigorously pursue them.”
Hospice care is special end-of-life care for terminally ill patients intended to comfort the dying. Patients admitted to hospice care generally stop receiving coverage for traditional medical care intended to cure their illnesses and instead receive medical care focused on providing them with relief from the symptoms, pain, and stress of a terminal illness. Medicare patients are hospice eligible when they are considered terminally ill and have a life expectancy of six months or less, if their illness runs its normal course.
This settlement resolves allegations that Evergreen knowingly submitted false claims to Medicare for hospice services provided to patients who were not terminally ill and for services that were not medically necessary. According to the settlement agreement, the United States alleged that Evergreen knowingly submitted false claims from Sept. 1, 2017, to May 31, 2020, to Medicare for hospice services that were provided to beneficiaries who did not qualify under the Medicare guidelines for routine hospice care because they were improperly certified as terminally ill.
The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
Assistant U.S. Attorney Marianne Hardcastle prosecuted this case.
The Office of Inspector General for the U.S. Department of Health & Human investigated this case.
U.S. Attorney’s Office for the Southern District of Mississippi Launches United Against Hate ProgramRead the Press Release
Jackson, Miss. - The U.S. Attorney’s Office for the Southern District of Mississippi launched United Against Hate, an outreach program focusing on preventing, identifying, and reporting hate crimes and incidents, announced U.S. Attorney Darren J. LaMarca.
United Against Hate connects community groups to federal, state, and local law enforcement to increase community understanding and reporting of hate crimes, build trust between law enforcement and communities, and create and strengthen alliances between law enforcement and other government partners and community groups to combat unlawful acts of hate.
In May of 2021, Attorney General Merrick Garland announced steps towards the Department of Justice’s enhanced efforts to combat and confront hate crimes. He stated, “Hate crimes and other bias-related incidents instill fear across entire communities and undermine the principles upon which our democracy stands. All people in this country should be able to live without fear of being attacked or harassed because of where they are from, what they look like, whom they love, or how they worship.”
On June 29, 2023, Assistant U.S. Attorneys Mitzi Dease Paige, Glenda Haynes, Tabitha Kingma and Angela Givens Williams, along with colleagues in their office and law enforcement partners who investigate hate crimes, hosted a presentation called “United Against Hate: Identifying, Reporting and Preventing Acts of Hate” at Pearl A.M.E. Church, 2519 Robinson Street in Jackson, Mississippi. This event gave the U.S. Attorney’s Office an opportunity to connect with faith-based leaders to help effect positive change within our community. Faith-based leaders are usually the first person of contact when individuals or families face these types of hateful behavior. Often hate crimes and incidents go underreported, allowing offenders to continue to spread their hate, fear, and intimidation. This event assisted faith-based leaders in the Jackson area to identify hate crimes, understand the importance of reporting these crimes and most importantly, to discuss strategies to prevent acts of hate.
The U.S. Attorney’s Office’s online complaint form is available at https://www.justice.gov/usao-sdms/civil-division webpage. The form can be emailed USAMSS.CivilRights@usdoj.gov , or concerns can be shared by leaving a voice mail for our Civil Rights Division at (601) 973-2825.
U.S. Attorney’s Office Participates in Coordinated National Health Care Fraud Enforcement ActionRead the Press Release
BOISE – U.S. Attorney Josh Hurwit announced criminal charges against two defendants today as part of the Department of Justice’s 2023 National Health Care Fraud Enforcement Action. This two-week nationwide law enforcement action resulted in criminal charges against 78 defendants for their alleged participation in health care fraud and opioid abuse schemes that included over $2.5 billion in alleged fraud.
In the Idaho case, a federal grand jury in Boise returned an indictment charging nurse practitioner Angela Kathryn Hughes, 49, of Boise, and Sydney L. Neal, 37, of Boise with conspiracy to distribute controlled substances. Hughes was also charged with distribution of controlled substances. The indictment alleges that from January 2022 through March 2023, Hughes and Neal conspired to distribute oxycodone, oxycodone acetaminophen, and hydrocodone acetaminophen outside the scope of professional practice and not for a legitimate medical purpose. In addition, the indictment alleges that Hughes distributed hydrocodone acetaminophen to Neal on two occasions and oxycodone to another person on a third occasion.
The trial is scheduled for August 28, 2023, before Senior U.S. District Court Judge B. Lynn Winmill of the U.S. District Court for the District of Idaho. If convicted, the defendants face a maximum of 20 years in federal prison. A federal district court judge would determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“These enforcement actions, including against one of the largest health care fraud schemes ever prosecuted by the Justice Department, represent our intensified efforts to combat fraud and prosecute the individuals who profit from it,” said Attorney General Merrick B. Garland. “The Justice Department will find and bring to justice criminals who seek to defraud Americans and steal from taxpayer-funded programs.”
“This nationwide enforcement action demonstrates that the Criminal Division is committed to fighting health care fraud and opioid abuse by prosecuting those who allegedly exploit patients and health care benefit programs for personal gain,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s announcement includes some of the largest and most complex cases that the Department has prosecuted, and demonstrates the Department’s commitment to seeking justice for those at all levels of the healthcare industry who put profits above patient care, from professionals in doctors’ offices to executives in corporate boardrooms.”
“Unlawful prescription schemes not only steal taxpayer dollars, but they also can cause addiction and physical harm to patients and the community,” said U.S. Attorney Hurwit. “Health care providers should never start down the path of fraud and unlawful prescription drug distribution. We won’t tolerate it, and I’m grateful for the Boise Police Department’s collaboration with our federal law enforcement partners to investigate the case we announced today.”
“Medical professionals who take advantage of their credentials to illegitimately prescribe controlled substances violate the principles of their profession and put the health and safety of others at risk,” said Steven J. Ryan, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG remains steadfast in our commitment to protecting the health and safety of American communities and holding accountable those who undermine efforts to curb the opioid crisis.”
“The DEA, in partnership with Health and Human Services-Office of the Inspector General (HHS-OIG) and the Boise Police Department (BPD), remain steadfast in our commitment to ensure prescription drugs are not illegally diverted from the supply chain in an effort to continue the fight to reduce the overwhelming drug poisonings occurring across the United States,” said David F. Reames, Special Agent in Charge, DEA Seattle Field Division. “These indictments and subsequent arrests are part of that effort to curb this drug poisoning epidemic and bring those to justice who knowingly and intentionally misuse their DEA registrations.”
U.S. Attorney Hurwit credited the cooperative efforts of the Boise Police Department, Health & Human Services, Office of Inspector General, and Drug Enforcement Administration which led to the charges.
Idaho patients impacted by this service disruption experiencing a behavioral health crises can contact the 988 telephone hotline. Additionally, Idaho patients can contact 211 for questions regarding access to treatment services, primary care, and where to obtain naloxone.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney Announces Charges in Four Separate Insider Trading Cases Against 10 Individuals, Including Drug Company Employees, Investment Firm Executive Director, and SPAC InvestorsRead the Press Release
Pfizer Employee and Associate Charged with Insider Trading Based on Non-Public Drug Trial Results for COVID-19 Treatment
Investment Firm Executive Director Charged with Insider Trading Based on Information Stolen from a Major Investment Bank
SPAC Investors Charged with Insider Trading by Exploiting Their Privileged Access to Information to Engage in Illegal Open Market Trades
Network of Individuals, Including Police Chief, Charged with Insider Trading Based on Inside Information About an Impending Merger
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced charges in four separate insider trading cases, collectively charging 10 defendants with securities fraud and other related charges. These cases involve trading based on confidential information misappropriated from entities and individuals in a variety of industries and reflect the U.S. Attorney’s Office for the Southern District of New York’s broad investigative reach and continued resolve to root out corruption in our financial markets. The defendants in these cases collectively generated more than $30 million dollars from illegal securities trading based on material, non-public information (“MNPI”) that was stolen from numerous sources.
U.S. Attorney Damian Williams said: “Insider trading is not a quick buck. It’s not easy money. It’s not a sure thing. It’s cheating. It’s a bad bet. It’s a ticket to prison. Because my Office, the Southern District of New York, is watching. And we’re working quickly to investigate and prosecute anyone who corrupts our financial markets. And we’ll keep at it as long as it takes. You can bet on that.”
FBI Assistant Director in Charge Michael J. Driscoll said: “The charges announced today center on the defendants’ alleged participation in illegal securities trading based on material, non-public information. Insider trading schemes not only yield ill-gotten gains for those directly involved but also damage the public’s faith in the fairness of our financial markets. Today’s announcement serves as a reminder to anyone attempting to tilt the balance in their direction using insider trading, investigating this illegal behavior is a top priority of the FBI.”
According to the allegations contained in the Indictments filed in federal court and other publicly available information:[1]
United States v. Amit Dagar and Atul Bhiwapurkar
In or about November 2021, AMIT DAGAR and ATUL BHIWAPURKAR participated in an insider trading scheme to reap illicit profits from options trading based on inside information about the results of clinical trials of Paxlovid, a medicine used to treat COVID-19. DAGAR was an employee of Pfizer Inc. (“Pfizer”) and assisted in managing the data analysis in certain clinical drug trials.
On or about November 4, 2021, DAGAR learned that a Pfizer trial of the drug Paxlovid, a medicine designed to treat mild to severe COVID‑19 infection, had produced positive results. The results were confidential and meant to remain so until Pfizer publicized them on or about November 5, 2021.
Later that same day, and while those results remained confidential, DAGAR purchased short-dated, out-of-the-money call options in Pfizer stock. DAGAR also tipped his close friend, ATUL BHIWAPURKAR, about the coming drug results and BHIWAPURKAR also purchased short-dated, out-of-the-money Pfizer call options that expired approximately two weeks later. BHIWAPURKAR also tipped another friend (“Individual-1”), who similarly purchased short-dated, out-of-the-money Pfizer call options that expired approximately three weeks later.
The next day, on or about November 5, 2021, and before the market opened, Pfizer publicly released results of its Paxlovid study. That same day, following the publication of the positive results, Pfizer’s stock price increased substantially, opening — and eventually closing — more than 10% higher than the prior day’s closing price. In the coming weeks, DAGAR, BHIWAPURKAR, and Individual-1 sold their Pfizer call options at significant profits, totaling approximately more than $350,000.
DAGAR, 44, of Hillsborough, New Jersey, who was arrested this morning, has been charged with four counts of securities fraud, each of which carries a maximum sentence of 20 years in prison, and one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison.
BHIWAPURKAR, 45, of Milpitas, California, who was arrested this morning, has been charged with two counts of securities fraud, each of which carries a maximum sentence of 20 years in prison, and one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison.
United States v. Jordan Meadow
From at least in or about March 2021 through in or about May 2022, JORDAN MEADOW, a registered broker at a brokerage firm based in New York, New York, used inside information stolen from a major investment bank in New York City (“the Investment Bank”) to make millions of dollars in illegal profits trading stock on behalf of himself and his clients. In or about late 2020, MEADOW offered and agreed to provide items of value, such as Rolex watches, to a friend, Steven Teixeira, in exchange MNPI that Teixeira obtained by secretly accessing confidential work documents on a personal laptop computer (the “Laptop”) belonging to Teixeira’s then-girlfriend, an executive assistant at the Investment Bank. The documents on the Laptop contained MNPI about planned corporate acquisitions in which the Investment Bank served as an advisor.
In or around late July 2021, Teixeira secretly accessed confidential work information on the Laptop and learned that in less than a week, Penn National Gaming, Inc. (“Penn National”), was going to acquire Score Media and Gaming Inc. (“Score”), a Canadian digital media company, for approximately $2.2 billion. Teixeira shared this MNPI with a friend, who in turn shared it with MEADOW. MEADOW then purchased more than 769 call option contracts in Score between August 2, 2021, and August 3, 2021, based on the MNPI and also advised a colleague at the brokerage firm where he worked, their clients, and a friend to purchase Score securities. After Penn National’s acquisition of Score was announced publicly on August 5, 2021, MEADOW, his colleague, their clients at the brokerage firm, and MEADOW’s friend sold their holdings in Score for a combined profit exceeding $5 million.
Later, in or around early March 2022, Teixeira secretly accessed confidential work information on his then-girlfriend’s laptop and learned about a planned corporate acquisition of VMWare, an enterprise software company, for approximately $65 billion. Teixeira shared this MNPI with his friend, who in turn shared it with MEADOW. MEADOW purchased over 5,000 shares of VMWare stock, as well as call options contracts in VMWare, between May 9, 2022, and May 18, 2022, and advised his colleague at the brokerage firm to purchase VMWare securities. After there was public reporting that Broadcom was in talks to acquire VMWare, the VMWare holdings of MEADOW and his colleague increased significantly, and they began to sell their VMWare holdings for a combined profit exceeding $100,000.
MEADOW, 34, of Warren, New Jersey, who was arrested this morning, has been charged with six counts of securities fraud under Title 15, each of which carries a maximum sentence of 20 years in prison; one count of securities fraud under Title 18, which carries a maximum sentence of 25 years in prison; and one count of conspiracy, which carries a maximum sentence of five years in prison.
Also unsealed today were charges against Steven Teixeira, who has pled guilty pursuant to a cooperation agreement.
United States v. Michael Shvartsman, Gerald Shvartsman, and Bruce Garelick
In October 2021, MICHAEL SHVARTSMAN, GERALD SHVARTSMAN, and BRUCE GARELICK together made more than $22 million dollars in illegal profits by trading in securities of Digital World Acquisition Corporation (“DWAC”) based on MNPI about DWAC’s planned but not yet public business combination with a media company founded by former President Donald J. Trump.
As sophisticated investors, MICHAEL SHVARTSMAN, GERALD SHVARTSMAN, and BRUCE GARELICK were invited to invest in DWAC and another special purpose acquisition company (“SPAC”), and after signing non-disclosure agreements, they were provided confidential information about the SPACs, including that a potential target of the SPACs was Trump Media & Technology Group (“Trump Media”). As a condition of receiving this information, the defendants were prohibited by the non-disclosure agreements from disclosing the confidential information they learned or using it to buy and sell securities on the open market. After making initial investments into DWAC through the initial public offering process, GARELICK was given a seat on DWAC’s board of directors, which gave him access to valuable MNPI about DWAC’s plans to merge with Trump Media. After learning MNPI through his role on DWAC’s board, GARELICK provided updates to his alleged co-conspirators — which he called “intelligence” — about the status of the merger negotiations and the timing of a public merger announcement.
In violation of the non-disclosure agreements that they had signed, and in contravention of GARELICK’s duties and responsibilities as a board member, the defendants bought millions of dollars of DWAC securities on the open market before the news of the Trump Media business combination was public. In addition to their own purchases, the defendants also passed DWAC’s confidential information to their friends on a trip to Las Vegas, to MICHAEL SHVARTSMAN’s neighbors, and to GERALD SHVARTSMAN’s employees at a furniture supply store. After DWAC’s merger with Trump Media was announced publicly, the stock and warrant holdings of MICHAEL SHVARTSMAN, GERALD SHVARTSMAN, and BRUCE GARELICK, and those they tipped, significantly increased in value. The defendants and the individuals they tipped then sold their DWAC securities for a significant profit.
MICHAEL SHVARTSMAN, 52, of Sunny Isles Beach, Florida, who was arrested this morning, has been charged with five counts of securities fraud under Title 15, each of which carries a maximum sentence of 20 years in prison; one count of securities fraud under Title 18, which carries a maximum sentence of 25 years in prison; and one count of conspiracy, which carries a maximum sentence of five years in prison.
GERALD SHVARTSMAN, 45, of Aventura, Florida, who was arrested this morning, has been charged with three counts of securities fraud under Title 15, each of which carries a maximum sentence of 20 years in prison; one count of securities fraud under Title 18, which carries a maximum sentence of 25 years in prison; and one count of conspiracy, which carries a maximum sentence of five years in prison.
BRUCE GARELICK, 53, of Fort Lauderdale, Florida, who was arrested this morning, has been charged with five counts of securities fraud under Title 15, each of which carries a maximum sentence of 20 years in prison; one count of securities fraud under Title 18, which carries a maximum sentence of 25 years in prison; and one count of conspiracy, which carries a maximum sentence of five years in prison.
United States v. Joseph Dupont, Shawn Cronin, Slava Kaplan, and Paul Feldman
In 2020, JOSEPH DUPONT, SHAWN CRONIN, SLAVA KAPLAN, a/k/a “Stanley Kaplan,” and PAUL FELDMAN engaged in an insider trading scheme surrounding the announcement of one pharmaceutical company’s acquisition of another. CRONIN, KAPLAN, and FELDMAN collectively made more than $2.2 million dollars in illegal profits by trading in stocks and options based on MNPI that DUPONT misappropriated from his employer.
DUPONT was a vice president at Alexion Pharmaceuticals, Inc. (“Alexion”) and, on January 31, 2020, was informed of Alexion’s upcoming acquisition of Portola Pharmaceuticals, Inc. (“Portola”). Before that acquisition was publicly announced, in April 2020, DUPONT provided MNPI about the acquisition to his childhood friend, CRONIN. Not only were CRONIN and DUPONT childhood friends, but also CRONIN — who, at the time, was a sergeant in the police department of Dighton, Massachusetts, and later served as the chief of police — supervised DUPONT in DUPONT’s capacity as a reserve officer in that police department. Based on the MNPI that DUPONT provided CRONIN, CRONIN purchased shares of Portola stock as well as out-of-the-money call options for Portola stock.
In turn, CRONIN shared MNPI about Portola’s pending acquisition with Jarett Mendoza, another childhood friend of both CRONIN’s and DUPONT’s. CRONIN also assisted Mendoza in purchasing Portola stock in the days before the acquisition was publicly announced.
CRONIN shared MNPI about Portola’s pending acquisition not only with Mendoza, but also with KAPLAN, a friend of CRONIN’s, who was also known to DUPONT. CRONIN shared the MNPI with KAPLAN both so that KAPLAN could trade in advance of the acquisition and so that KAPLAN would assist CRONIN in formulating trading strategies to maximize CRONIN’s own insider trading profits. Based on the MNPI that CRONIN gave to KAPLAN, KAPLAN bought Portola shares and options.
KAPLAN, in turn, shared MNPI about the upcoming acquisition with, among others, FELDMAN, a friend and colleague of KAPLAN’s. Based on the MNPI that KAPLAN gave FELDMAN, FELDMAN aggressively bought Portola call options.
FELDMAN, for his part, shared MNPI about the Portola acquisition with others, including a work colleague.
Alexion’s acquisition of Portola was publicly announced on the morning of May 5, 2020. Portola’s stock increased significantly in value. CRONIN, KAPLAN, FELDMAN, and their tippees sold their shares of Portola and call options for Portola stock, reaping millions of dollars of illegally obtained trading profits.
DUPONT, 44, of Rehoboth, Massachusetts, who surrendered to authorities today, has been charged with one count of Title 15 securities fraud and one count of tender offer fraud, each of which carries a maximum sentence of 20 years in prison, and one count of securities fraud under Title 18, which carries a maximum sentence of 25 years in prison.
CRONIN, 43, of Dighton, Massachusetts, who surrendered to authorities today, has been charged with three counts of securities fraud under Title 15 and three counts of tender offer fraud, each of which carries a maximum sentence of 20 years in prison; one count of securities fraud under Title 18, which carries a maximum sentence of 25 years in prison; and one count of conspiracy to commit securities fraud and tender offer fraud, which carries a maximum sentence of five years in prison;.
KAPLAN, 45, of Hopewell Junction, New York, who was arrested today, has been charged with three counts of securities fraud under Title 15 and three counts of tender offer fraud, each of which carries a maximum sentence of 20 years in prison; one count of securities fraud under Title 18, which carries a maximum sentence of 25 years in prison; and one count of conspiracy to commit securities fraud and tender offer fraud, which carries a maximum sentence of five years in prison.
FELDMAN, 48, of Poughquag, New York, who was arrested today, has been charged with six counts of securities fraud under Title 15 and six counts of tender offer fraud, each of which carries a maximum sentence of 20 years in prison; one count of securities fraud under Title 18, which carries a maximum sentence of 25 years in prison; and one count of conspiracy to commit securities fraud and tender offer fraud, which carries a maximum sentence of five years in prison.
Also unsealed today were charges against Jarett Mendoza, who has pled guilty pursuant to a cooperation agreement.
* * *
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI’s New York and Philadelphia Field Offices. He also thanked the Miami Field Office of the U.S. Department of Homeland Security, Homeland Security Investigations, for its assistance in the investigation in United States v. Michael Shvartsman, Gerald Shvartsman, and Bruce Garelick. He further thanked the Securities and Exchange Commission for its cooperation and assistance across these investigations.
These cases are being handled by the Office’s Securities and Commodities Fraud Task Force. United States v. Dagar and Bhiwapurkar is in the charge of Assistant U.S. Attorney Alex Rossmiller. United States v. Meadow is in the charge of Assistant U.S. Attorney Nicholas Folly. United States v. Michael Shvartsman, Gerald Shvartsman, and Bruce Garelick is in the charge of Assistant U.S. Attorneys Elizabeth Hanft, Nicolas Roos, and Matthew Shahabian. United States v. Dupont, Cronin, Kaplan, and Feldman is in the charge of Assistant U.S. Attorneys Samuel P. Rothschild, Sarah Mortazavi, and Margaret Graham.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictments and the description of the Indictments set forth below constitute only allegations, and every fact described should be treated as an allegation.
U.S. v. Dagar and Bhiwapurkar Indictment U.S. v. Meadow Indictment U.S. v. Shvartsman et al Indictment U.S. v. Dupont et al IndictmentU.S. Attorney Announces 17 Indictments in Fayetteville Area as Part of Ongoing Federal Violent Crime and Drug Strategy Significant Amounts of Drugs and Guns SeizedRead the Press Release
FAYETTEVILLE, N.C. – Today, U.S. Attorney Michael Easley, along with federal and local law enforcement, announced ongoing and coordinated efforts to address violent crime and drug trafficking in Fayetteville and surrounding areas.
This effort was conducted as part of two strategic initiatives underway in the region: the Violent Crime Action Plan (VCAP) and the Organized Crime Drug Enforcement Task Force (OCDETF).
Over the last two months, 17 individuals were indicted by grand juries for federal charges and are currently in custody. As part of the initiative, 16 guns, four auto sear machine gun switches, nearly 1500 rounds of ammunition, nearly a kilogram of cocaine, approximately an ounce of fentanyl, 100 MDMA/fentanyl pills, cash and two luxury SUVs have been seized.
Additionally, convictions have now been secured against all three North Carolina defendants in an international fentanyl trafficking ring that operated in multiple cities, including the city of Fayetteville. Earlier this month, a federal jury returned verdicts of guilty on both counts against Hector Perez Valenzuela, who was found with seven kilograms of pure fentanyl. In total, the fentanyl trafficking ring was held accountable for distributing more than 40 kilograms of fentanyl around the country.
“As we head into the summer months, when we typically see an uptick in violent crime, we want to send a strong and unified message that this community stands against gun violence and drug traffickers,” said U.S. Attorney Michael Easley. “We are working with law enforcement at every level to get dangerous, illegal guns and drugs off the streets and put the individuals most responsible for violence and narcotics behind bars. We are using every tool available to keep our communities safe.”
VCAP is a collaboration of the U.S. Attorney’s Office with the Fayetteville Police Department (FPD), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Cumberland County Sheriff’s Office (CCSO), the Cumberland County District Attorney’s Office, and the United States Marshals Service (USMS). A primary objective of the VCAP is to identify and systematically investigate and prosecute individuals contributing to crime in the city of Fayetteville and surrounding areas. Law enforcement partners use inter-agency coordination and intelligence-led policing, analyzing crime data to deploy resources where they are most needed and leveraging federal Task Force officers to bring federal technology to address local gun violence.
OCDETF investigations identify, disrupt, and dismantle 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.
"The Fayetteville Police Department remains committed to our partnership with Federal and State agencies to remove violent and career criminals from our community,” said Fayetteville Police Chief Kemberle Braden. “This partnership and the highlighted cases presented today support our goal of making Fayetteville a safe and secure community."
“These indictments and seizures demonstrate the FBI's relentless determination to eradicate the sales of illegal drugs. We are proud to work side by side with our law enforcement partners to hold these individuals accountable,” said Robert M. DeWitt, Federal Bureau of Investigation (FBI) Charlotte Special Agent in Charge.
“Drugs are affecting families and killing our loved ones,” said Cumberland County Sheriff Ennis W. Wright. “Law Enforcement and Criminal Justice Agencies nationwide are constantly collaborating to find opportunities to improve safety in our communities. We hold everyone who endangers our communities with gun violence and poisons like Fentanyl, Cocaine, Meth, and Heroin responsible. While the drug dealers think they are safe, we are putting you on notice that your dealings are being watched, and rest assured that we are on the way to you and have a place for you to stay."
“ATF and our law enforcement partners support the Violent Crime Action Plan because it focuses on those individuals who pose the biggest threat to our communities,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Bennie Mims. “We can have a major impact on the level of crime and violence in a community when we take firearms out of the hands of dangerous, prohibited individuals.”
"Fentanyl poisonings and other dangerous drugs have taken a terrible toll on our communities.” said Robert J. Murphy, Special Agent in Charge of the Drug Enforcement Administration (DEA) Atlanta Division. “Violent criminals and drug traffickers will face the consequences of their actions.”
“The Cumberland County District Attorney’s Office is proud to be a part of the Violent Crime Action Plan,” said Cumberland County District Attorney Billy West. “We are committed to partnering with our local, state, and federal law enforcement to aggressively prosecute violent crime. These indictments are an example of working together with our partners to remove dangerous and illegal drugs and guns as well as violent offenders from our community.”
There are a wide range of charges on these subjects including felon in possession of a firearm, robbery, possession with intent to possess/distribute narcotics, as well as possessing firearms in furtherance of drug trafficking crimes and crimes of violence.
The following individuals, all from Fayetteville and surrounding areas, face federal prosecution resulting from VCAP:
- Norman Vincent Brown, age 33, felon in possession of a firearm
- Malik Crawford, age 26, interference with commerce by robbery and possession of firearm during a crime of violence
- Joseph Monroe Griffin, age 33, felon in possession of a firearm
- Ondrilleis Malloy, age 26, felon in possession of a firearm
- Demarco McLucas, age 22, felon in possession of a firearm
- Tammy Michelle Mitchell, age 42, felon in possession of a firearm
- Anthony Thomas, age 27, interference with commerce by robbery and possession of firearm during a crime of violence
- Samuel Thompson, age 20, possession of a machinegun and felon in possession of a firearm
- Zaire Whitten, age 26, felon in possession of a firearm
The following defendants were indicted as part of an OCDETF investigation:
- Eric David Black, age 30, conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl; possession with intent to distribute fentanyl; possession of a firearm in furtherance of a drug trafficking crime.
- Robert James Colt, a/k/a “RJ,” age 38, conspiracy to distribute and possess with intent to distribute fentanyl; possession with intent to distribute fentanyl; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm by a felon.
- Jean Raymond Desire, a/k/a “Krim,” age 50, conspiracy to distribute 500 grams or more of a mixture containing methamphetamine; distribution of 50 grams or more of a mixture containing methamphetamine; and distribution of a quantity of cocaine and aiding and abetting.
- Rashard Antwon Hardy, a/k/a “Gump,” age 42, conspiracy to distribute 50 grams or more of a mixture containing methamphetamine and distribution of 50 grams or more of a mixture of methamphetamine and abetting.
- Rick Derrell McIntyre, age 44, conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine; distribution of 50 grams or more of methamphetamine.
- Laron Marcell McIntyre, a/k/a “Rat,” age 48, conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine; distribution of 50 grams or more of methamphetamine.
- Natadja Denae Owen, age 26, conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture containing methamphetamine; distribution of 50 grams or more of a mixture containing methamphetamine and aiding and abetting; and distribution of a quantity of cocaine and aiding and abetting.
- Kenneth Brandon Pomeroy, Jr., a/k/a “Spazz,” age 38, conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl; possession with intent to distribute fentanyl; possession of a firearm in furtherance of a drug trafficking crime.
The VCAP initiative is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement. The Fayetteville Police Department, the Cumberland County Sheriff’s Office, the Cumberland County District Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the U.S. Marshals Service are involved in the investigations. Assistant U.S. Attorneys Caroline Webb and Chad Rhoades are the lead prosecutors for the cases, with assistance from other criminal Assistant U.S. Attorneys in the office.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty.
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Two Las Cruces Men Sentenced for Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced today that Ruben Martha, 42, of Las Cruces, and Pablo Vargas, 52, of Las Cruces, were sentenced to 21 months and 60 months respectively for their parts in a neighbor dispute which resulted in approximately 39 rounds being fired and Martha, and another individual, being shot.
A federal grand jury indicted Vargas and Martha on April 20, 2022. According to court records, on April 17, 2021, Vargas was attending a party at his parent’s home on Nevada Street in Las Cruces, New Mexico. Martha, who lived down the street, was returning to his home along with his girlfriend and his adult daughter, who were in separate cars, and slowed down as they navigated their way through the busy street. An angry exchange occurred during which an object was thrown at Martha’s car and a can was thrown through the open window of the car Martha’s daughter was driving. The daughter was struck by the can and injured.
When Martha reached his home and observed what had happened, he ran back down the street towards the Vargas residence but retreated to his house when he saw Vargas and others outside the home. Shortly thereafter, another neighbor arrived on scene. The neighbor parked on the street where he observed a group with firearms walking towards him from the Vargas residence. Gunfire was exchanged and the neighbor was struck in the head by a bullet, however he managed to flee the scene. Martha retrieved a shotgun from a trashcan on his property as Vargas and at least one other individual fired toward Martha’s residence. Martha chambered a round of ammunition in the shotgun but was struck in the chest.
Though originally not expected to survive his injuries, the neighbor has since recovered. Martha also recovered from his injuries.
In 1997, Vargas was convicted of shooting at or from a motor vehicle. Martha was convicted in 2000 of aggravated assault with a deadly weapon and criminal damage to property, and in 2007 of shooting at a dwelling, aggravated assault with a deadly weapon, and felon in possession. As previously convicted felons, neither Vargas nor Martha can legally possess firearms or ammunition.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Maria Armijo and Christopher McNair are prosecuting the case.
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Texas Man Sentenced to over 13 Years for Attempting to Provide Material Support to ISISRead the Press Release
A Houston man was sentenced today to 165 months, the equivalent of 13 years and nine months, in prison followed by a lifetime of supervised release for attempting to provide material support to Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
According to court documents, Kaan Sercan Damlarkaya, 23, attempted to join and support ISIS from August 2017 until his arrest in December 2017. He pleaded guilty July 8, 2019. In addition to wanting to join ISIS, Damlarkaya also provided information to ISIS supporters about the use of machetes, homemade construction of an automatic weapon and how to build and use explosive materials.
As part of his plans to join ISIS overseas, starting in approximately early August 2017, Damlarkaya had numerous conversations online with many individuals he believed to be fellow ISIS supporters. During these discussions, he described his intentions to travel overseas to fight for ISIS in Syria or Afghanistan. Damlarkaya added that if he was unsuccessful in joining ISIS overseas, he would conduct an on attack on non-Muslims in the United States and that it was his “dream” to be a martyr.
Damalarkaya also provided information to other ISIS supporters, on at least two separate occasions, about ways to manufacture a bomb. Specifically, he described how to make explosives formula using triacetone triperoxide and cautioned the others to “take safety seriously while you make this” to be “useful until you can strike.”
Damlarkaya further illustrated to ISIS supporters ways to construct an automatic weapon. He claimed he could buy a “GIANT machete for $15” and stated “a lot of us are poor… or we don't have experience. So not all of us can get a gun or make explosives, but we can afford to buy a $15 knife.” He claimed he slept with a machete under his pillow ready to use if law enforcement raided his house.
When agents arrested Damlarkaya, they executed a search warrant at his residence and found a machete by his bed.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas and Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division made the announcement.
The FBI’s Joint Terrorism Task Force investigated the case.
Assistant U.S. Attorney Rob Jones for the Southern District of Texas is prosecuting the case, with valuable assistance provided by Trial Attorney Kevin Nunnally of the National Security Division’s Counterterrorism Section.
Texan sentenced for trafficking firearms to Mexico in ice chestRead the Press Release
LAREDO, Texas – A 74-year-old San Antonio man has been sent to prison following his conviction for illegal exportation of firearms and ammunition, announced U.S. Attorney Alamdar S Hamdani.
Atanacio Espinoza-Duarte pleaded guilty Feb. 15.
U.S. District Judge Diana Saldana ordered Espinoza-Duarte to serve 24 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard how firearms illegally exported from the United States to Mexico are used in violent crime south of the border. In handing down the sentence, the court noted that it is no excuse for delivery drivers to ignore the merchandise they are transporting.
At the time of his plea, Espinoza-Duarte admitted to attempting to illegally exporting firearms to Mexico.
On June 14, 2021, Espinoza-Duarte attempted to enter Nuevo Laredo, Mexico, through the Laredo Port of Entry in a pickup truck. Law enforcement working the outbound inspection lane observed an ice chest in the flat bed of Espinoza-Duarte’s truck. Upon further investigation, authorities discovered five AK-47 rifles and five, 30-round AK-47 magazines that were fully loaded.
Espinoza-Duarte admitted he purchased some of the seized firearms from a man in Mesquite.
Espinoza-Duarte will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Customs and Border Protection conducted the investigation with the assistance of Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Francisco J. Rodriguez prosecuted the case.
Susan T. Lehr to be New Acting U.S. AttorneyRead the Press Release
Career prosecutor Susan T. Lehr has been named the Acting United States Attorney for the District of Nebraska to take over following the retirement of Interim United States Attorney Steven A. Russell. Lehr’s appointment will be effective on July 1, 2023.
Lehr, a 1988 graduate of the Denver University College of Law, has been with the United States Attorney’s Office since 1999. Prior to joining the U.S. Attorney’s Office, Lehr worked as a prosecutor in the Buffalo and Douglas County Attorneys’ Offices. Lehr is originally from Omaha. During her tenure with the Department of Justice, Lehr has handled a wide variety of criminal cases and currently serves as the District of Nebraska’s First Assistant United States Attorney. She also completed a detail assignment to the U.S. Attorney’s Office in Washington, D.C. Lehr will serve until a new U.S. Attorney is appointed by the President.
Stratford Man Charged with Distributing Methamphetamine and OxycodoneRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, and Stratford Police Department Chief Joseph McNeil today announced that EDWARD JOHNSON, 31, of Stratford, has been charged by indictment with unlawfully distributing methamphetamine and oxycodone.
As alleged in court documents and statements made in court, in April 2022, the Stratford Police Department’s Narcotics, Vice and Intelligence Unit and the Drug Enforcement Administration began investigating Johnson and others for distributing controlled substances in the Stratford and Bridgeport area.
Johnson was arrested on state charges on August 2, 2022. On that date, investigators conducted a court authorized search of Johnson’s residence on Thompson Street in Stratford and seized approximately 967 grams of methamphetamine in both pill form and powder form, approximately 13 grams of oxycodone pills; other prescription pills, more than six pounds of marijuana, and $32,151 in cash.
On June 20, 2023, a grand jury in New Haven returned an indictment charging Johnson with one count of possession with intent to distribute 50 grams or more of methamphetamine and a quantity of oxycodone, an offense that carries a mandatory minimum term of imprisonment of five years and maximum term of imprisonment of 40 years.
Johnson, who has been detained since his arrest, appeared today before U.S. Magistrate Judge Maria E. Garcia in New Haven and entered a plea of not guilty.
U.S. Attorney Avery stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Stratford Police Department’s Narcotics, Vice and Intelligence Unit and the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force. The HIDTA Task Force includes personnel from the DEA Bridgeport Resident Office, the Connecticut State Police, and the Bridgeport, Norwalk, Stamford, Stratford, Milford, and Danbury Police Departments. The case is being prosecuted by Assistant U.S. Attorney Stephanie T. Levick.
St. Louis County Man Convicted of Armed Robbery of RestaurantRead the Press Release
ST. LOUIS – A man from Riverview, Missouri was convicted by a federal jury Wednesday of the armed robbery of the Steak ‘N Shake where he once worked.
Jonathan Davis, 24, was found guilty of two felonies at the end of the third day of his trial in U.S. District Court in St. Louis: robbery and possession and brandishing of a firearm in furtherance of a crime of violence.
On Jan. 23, 2021, at about 12:30 a.m., a man walked directly to the back office of the Steak ‘N Shake restaurant at 9550 Natural Bridge Road in Berkeley and demanded cash from the owner at gunpoint. The owner identified Davis as the robber, according to court testimony. Davis had worked at the restaurant until about two months before the robbery.
Evidence and testimony showed that Davis had been evicted from his home and was living in an extended-stay hotel at the time of the robbery. Later on the day of the robbery, Davis began a five-day spending spree, paying his rent, buying an iPhone, buying a diamond ring for his girlfriend, paying her cell phone bill and giving her cash, according to testimony. He also lost $1,000 to a scammer while trying to buy a car online.
Davis will be sentenced later this year.
The Berkeley Police Department and the FBI investigated the case. Assistant U.S. Attorneys Jennifer Szczucinski and Michael Hayes are prosecuting the case.
South Carolina Participates in National Enforcement Action Resulting in 78 Individuals Charged for $2.5B in Health Care FraudRead the Press Release
COLUMBIA, SOUTH CAROLINA -- The Department of Justice, including the U.S. Attorney’s Office for the District of South Carolina together with federal and state law enforcement partners, announced a strategically coordinated, two-week nationwide law enforcement action that resulted in criminal charges against 78 defendants for their alleged participation in health care fraud and opioid abuse schemes that included over $2.5 billion in alleged fraud.
The defendants allegedly defrauded programs entrusted for the care of the elderly and disabled, and, in some cases, used the proceeds of the schemes to purchase luxury items, including exotic automobiles, jewelry, and yachts. In connection with the enforcement action, the Department seized or restrained millions of dollars in cash, automobiles, and real estate.
“These enforcement actions, including against one of the largest health care fraud schemes ever prosecuted by the Justice Department, represent our intensified efforts to combat fraud and prosecute the individuals who profit from it,” said Attorney General Merrick B. Garland. “The Justice Department will find and bring to justice criminals who seek to defraud Americans and steal from taxpayer-funded programs.”
“This nationwide enforcement action demonstrates that the Criminal Division is committed to fighting health care fraud and opioid abuse by prosecuting those who allegedly exploit patients and health care benefit programs for personal gain,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s announcement includes some of the largest and most complex cases that the Department has prosecuted, and demonstrates the Department’s commitment to seeking justice for those at all levels of the healthcare industry who put profits above patient care, from professionals in doctors’ offices to executives in corporate boardrooms.”
“Health care fraud is a complex and ever-evolving threat that negatively impacts the American people,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Today’s nationwide coordinated law enforcement action is a testament to the tenacity of the FBI and our partners, as well as our combined efforts to pursue anyone who conspires to exploit our health care system for financial gain.”
Telemedicine Fraud
The enforcement action included charges against 11 defendants in connection with the submission of over $2 billion in fraudulent claims resulting from telemedicine schemes. In a case involving the alleged organizers of one of the largest health care fraud schemes ever prosecuted, an indictment in the Southern District of Florida alleges that the chief executive officer (CEO), former CEO, and Vice President of Business Development of purported software and services companies conspired to generate and sell templated doctors’ orders for orthotic braces and pain creams in exchange for kickbacks and bribes. The conspiracy allegedly resulted in the submission of $1.9 billion in false and fraudulent claims to Medicare and other government insurers for orthotic braces, prescription skin creams, and other items that were medically unnecessary and ineligible for Medicare reimbursement.
As part of the alleged conspiracy, individuals in a massive telemarketing operation, located in the United States and abroad, targeted the elderly and disabled with direct mail, television advertisements, and other forms of advertising to induce them to contact offshore boiler-rooms staffed by individuals who “up-sold” the elderly and disabled on unnecessary medical equipment and prescriptions. According to the indictment, the software platform that the defendants allegedly operated was actually a conduit for these telemarketers to coordinate the payment of illegal kickbacks and bribes to telemedicine companies to obtain doctors’ orders for Medicare beneficiaries. The defendants allegedly programmed the software platform to generate false and fraudulent orders for telemedicine practitioners to sign and obstruct Medicare investigations by concealing that the interactions with beneficiaries had occurred remotely using telemedicine. The program-generated orders falsified certifications that the telemedicine doctors had examined the beneficiaries in person, and falsified diagnostic testing that Medicare required for brace orders. After the original CEO sold the company in a corporate acquisition, the new corporate leadership allegedly chose to continue the pre-existing fraud scheme.
In another telemedicine fraud case, in the Eastern District of Washington, a licensed physician was charged for signing more than 2800 fraudulent orders for orthotic braces, including for patients whose limbs had already been amputated. As alleged, the physician took less than 40 seconds to review and sign each order.
The cases announced build on earlier telemedicine enforcement actions involving over $10.1 billion in fraud. The April 2019 Operation Brace Yourself Telemedicine and Durable Medical Equipment Takedown—which originated in the District of South Carolina—alone resulted in an estimated cost avoidance of more than $1.9 billion in the amount Medicare paid for orthotic braces in the 20 months following that enforcement action, preserving the Medicare trust fund for necessary medical care.
“Patients trust federal health care programs to provide high quality care. When bad actors steal from these programs, they hurt patients,” said Inspector General Christi A. Grimm of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG is dedicated to protecting federal health care programs and putting patients first. Thank you to our law enforcement partners, especially the Medicaid Fraud Control Units, that participated in this effort.”
Pharmaceutical Fraud
The enforcement action also included charges against 10 defendants in connection with the submission of over $370 million in fraudulent claims submitted in connection with prescription drugs. In one case announced, the owner and corporate officer of a pharmaceutical wholesale distribution company was charged for an alleged $150 million fraud scheme in which the company purchased illegally diverted prescription HIV medication, and then marketed and resold the medication by falsely representing that the company acquired it through legitimate channels. The defendant allegedly purchased the diverted medication at a substantial discount from individuals who obtained the drugs primarily through illegal “buyback” schemes in which they paid HIV patients cash for their expensive HIV medication and repackaged those pills for resale. To cover up their scheme, the defendant and others falsified labeling and product tracing documentation to make it appear legitimate. Pharmacies purchased the misbranded medications, dispensed them to patients, and billed them to health care benefit programs, all while the defendants reaped substantial illegal profits.
In a related case, on June 15, an individual in the Southern District of Florida was sentenced to 15 years in prison for his role in this nationwide scheme. According to court documents, the defendant illegally acquired large quantities of prescription drugs from patients for whom the drugs had been prescribed but not yet consumed. The defendant and others then repackaged the drugs and sold them to wholesale companies. In some instances, the medication that the defendant sold contained the wrong medication, broken pills, and even pebbles, leading to complaints by pharmacies. The defendant used his share of the proceeds to purchase luxury goods, including a $280,000 Lamborghini, a $220,000 Mercedes, and three boats.
Opioid Distribution and Other Types of Health Care Fraud
The charges also targeted over $150 million in false billings submitted in connection with other types of health care fraud, including the illegal distribution of opioids and clinical laboratory testing fraud. This enforcement action includes charges against 24 physicians and other licensed medical professionals who lined their own pockets, including doctors who allegedly put their patients at risk by illegally providing them with opioids they did not need. The charges also include cases where healthcare companies, physicians, and other providers paid cash kickbacks to patient recruiters and beneficiaries in return for patient information, so that the providers could submit fraudulent bills for Medicare reimbursement.
“At DEA, we are committed to protecting the safety and health of all Americans,” said DEA Administrator Anne Milgram. “When individuals divert addictive opioid medications for personal gain, they are knowingly putting Americans at risk, all too often causing harm and even death. DEA is committed to taking decisive action to hold accountable anyone who participates in these dangerous schemes.”
“CHAMPVA provides community health care to family members of our nation’s disabled or deceased veterans, and the defendants’ alleged criminal actions resulted in a multibillion-dollar fraud scheme that puts those benefits at risk and pilfers significant taxpayer funds,” said Inspector General Michael J. Missal of the Department of Veterans Affairs Office of Inspector General (VA-OIG). “The VA-OIG’s continued oversight of VA’s multiple healthcare programs, including CHAMPVA, is one of the agency’s highest priorities. We thank our outstanding law enforcement partners for their efforts in this investigation.”
The Center for Program Integrity of the Centers for Medicare & Medicaid Services (CPI/CMS) separately announced that it took adverse administrative actions in the last six months against 90 medical providers for their alleged involvement in health care fraud.
Principal Assistant Deputy Chief Jacob Foster and Acting Assistant Chief Rebecca Yuan of the National Rapid Response Strike Force of the Criminal Division’s Fraud Section led and coordinated this enforcement action. The Health Care Fraud Unit’s Strike Forces in Brooklyn, Dallas, Detroit, the Gulf Coast, Houston, Los Angeles, Miami, Newark, and Tampa; the Health Care Fraud Unit’s National Rapid Response Strike Force; the U.S. Attorneys’ Offices for the Middle District of Florida, Southern District of Florida, Southern District of Georgia, District of Idaho, Western District of Kentucky, Eastern District of Louisiana, Middle District of Louisiana, District of New Jersey, Eastern District of New York, Southern District of Ohio, District of South Carolina, Southern District of Texas, Eastern District of Washington, and Eastern District of Wisconsin; and the State Attorney Generals’ Offices for Indiana, New York, and Pennsylvania are prosecuting these cases, with assistance from the Health Care Fraud Unit’s Data Analytics Team. Descriptions of cases involved in this enforcement action are available on the Department’s website at www.justice.gov/criminal-fraud/health-care-fraud-unit/2023-national-hcf-court-documents.
In addition to the FBI, HHS-OIG, DEA, and CMS/CPI, State Medicaid Fraud Control Units, HSI, FDA, IRS-CI, VA-OIG, USPS-OIG, FDIC-OIG, OPM-OIG, Amtrak-OIG, and other federal and state law enforcement agencies participated in the operation.
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. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
The Fraud Section uses the Victim Notification System to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing victimassistance.fraud@usdoj.gov. To learn more about victims’ rights, please visit www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas, and for further information for victims about new federal charges in connection with the HIV scheme, please visit www.justice.gov/criminal-vns/case/united-states-v-steven-diamantstein.
A complaint, information, or indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Sheriff and Three Men Charged in Bribery Scheme Involving Purchase of Law-Enforcement Badges and CredentialsRead the Press Release
An indictment was unsealed today in the Western District of Virginia charging the Sheriff of Culpeper County, Virginia, and three Virginia men with a conspiracy to exchange bribes for law enforcement badges and credentials.
According to court documents, from at least April 2019, Culpeper County Sheriff Scott Howard Jenkins, 51, of Culpeper, accepted cash bribes and bribes in the form of campaign contributions totaling at least $72,500 from Rick Tariq Rahim, 55, of Great Falls; Fredric Gumbinner, 64, of Fairfax; James Metcalf, 60, of Manassas; and at least five others, including two FBI undercover agents. In return, Jenkins appointed each of the bribe payors as auxiliary deputy sheriffs, a sworn law-enforcement position, and issued them Culpeper County Sheriff’s Office badges and identification cards. Jenkins told or caused others to tell the bribe payors that those law-enforcement credentials authorized them to carry concealed firearms in all 50 states without obtaining a permit. In addition, Jenkins assisted Rahim in gaining approval for a petition to restore his firearms rights filed in Culpeper County Circuit Court that falsely stated that Rahim resided in Culpeper County.
Jenkins is charged with one count of conspiracy, four counts of honest-services mail and wire fraud, and eight counts of federal programs bribery. Rahim is charged with one count of conspiracy, three counts of honest-services mail and wire fraud, and three counts of federal programs bribery. Gumbinner is charged with one count of conspiracy, one count of honest-services wire fraud, and two counts of federal programs bribery. Metcalf is charged with one count of conspiracy, one count of honest-services wire fraud, and two counts of federal programs bribery.
If convicted, each defendant faces a maximum penalty of five years in prison on the conspiracy count, a maximum penalty of 20 years in prison on each of the honest-services mail and wire fraud counts, and a maximum penalty of 10 years in prison on each of the federal programs bribery counts. The defendants are scheduled to make their initial court appearances today in the Western District of Virginia.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher Kavanaugh for the Western District of Virginia, and Special Agent in Charge Stanley M. Meador of the FBI Richmond Field Office made the announcement.
The FBI Richmond Field Office, Charlottesville Resident Agency is investigating the case.
Trial Attorney Celia Choy of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Heather Carlton and Melanie Smith for the Western District of Virginia are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Seattle-area man arrested for string of pot shop armed robberiesRead the Press Release
Seattle – An 18-year-old Seattle-area man, who was living at a SeaTac hotel, remains in federal custody for robbery, with a detention hearing next week, announced Acting U.S. Attorney Tessa M. Gorman. Caiden James Charlton was arrested Tuesday June 27, 2023, in connection with three armed robberies in May and June 2023. Charlton had his initial appearance yesterday and will appear for a detention hearing on Monday, July 3, 2023.
According to records filed in the case, Charlton is charged with the May 30, 2023, robbery of Herb’s House on NW 65th Street in Seattle; the May 30, 2023, robbery of Hashtag Cannabis on Nickerson Street in Seattle; and the June 10, 2023, robbery of Oz Cannabis on Stone Way in Seattle. In each of the robberies, surveillance video shows clothing, tattoos, and jewelry that has been linked to Charlton. Victims of the robberies noted distinctive face tattoos around Charlton’s eyes that were not concealed by his mask.
In each of the robberies, one of two intruders displayed a handgun and ordered the dispensary staff to open safes or empty the till. In addition to money, the suspects stole a large amount of marijuana products. In some cases, the safes at the dispensaries could not be opened due to time locks used to discourage robberies. In one case, the robbers stole the safe by detaching it from the floor.
The robbery crew would run to a getaway car after the robberies – two of the cars had been reported stolen.
According to the criminal complaint, on June 5, 2023, Charlton was arrested by Tacoma Police for being a felon in possession of a firearm. Photographs from the arrest indicate Charlton wearing clothing and jewelry associated with the robberies of the marijuana dispensaries. Charlton was released on bail June 9, 2023 – one day before the third robbery charged federally. Charlton may face
federal firearms charges based on the Tacoma arrest, as well as eight guns found in his possession at the time of his federal arrest on June 27, 2023.
Law enforcement continues to investigate other robberies potentially linked to Charlton and his accomplices. This includes robberies in West Seattle, Edmonds, and Bellevue. In all, law enforcement believes as many as ten marijuana dispensary robberies may be linked to Charlton and a juvenile arrested in Bellevue following the robbery of a dispensary there. The juvenile was located based on a currency tracker that was included in the cash he stole from the Bellevue dispensary.
“Mr. Charlton’s prior arrest for similar crimes did little to dissuade his continuing criminal activities.” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field office. “Fortunately, no one was killed during his violent robbery spree. Taking him off the streets may have saved lives of employees and patrons of the businesses he targeted and highlights the priority given to these types of violent crime. I applaud the efforts of our agents and partners, including the Seattle Police Department, King County Sheriff’s Department, and others on the Safe Streets Task Force, to safely take him into custody.”
The charges contained in the criminal complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI, the Seattle Police Department, and the Bellevue Police Department, as well as the King County and Snohomish County Sheriffs’ Offices.
The case is being prosecuted by Assistant United States Attorneys Erin H. Becker and Elyne Vaught.
charlton_complaint.pdfRound Rock Pastor Pleads Guilty to Child Pornography ChargeRead the Press Release
AUSTIN, Texas – A Georgetown man pleaded guilty in a federal court in Austin Tuesday to 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.
Walther faces a maximum penalty of 20 years in prison and a maximum fine of $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Oliver E. Rich, Jr. for the FBI San Antonio Division made the announcement.
The FBI San Antonio Division's Child Exploitation and Human Trafficking Task Force, with invaluable assistance from the Round Rock Police Department, is investigating the case. The FBI also appreciates the assistance received by the Williamson County Sheriff's Office and the Williamson County Children's Advocacy Center.
Assistant U.S. Attorney Matthew Devlin is prosecuting 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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Repeat Sex Offender Sentenced to Nearly 20 Years in Federal Prison for Distributing Videos of Child Sexual Abuse Using Social MediaRead the Press Release
INDIANAPOLIS- Kenneth Woods, age 35, of Indianapolis, has been sentenced to 235 months in federal prison after pleading guilty to distributing and receiving images and videos of child sexual abuse over the internet, while having been previously convicted in Florida of similar conduct.
According to court documents, in 2021, Facebook and Snapchat accounts later found to be associated with Woods came to the attention of IMPD for uploading videos depicting child sexual abuse. A search of Woods’s residence in Indianapolis yielded a cell phone that contained still more videos of child sexual abuse. Still further investigation eventually uncovered an email account used by Woods to send videos of child sexual abuse to a specific individual, with whom Woods also exchanged messages about sex acts he desired to perform with that individual’s minor daughter. The child sex abuse materials distributed and possessed by Woods included depictions of the sexual abuse of infants and toddlers or other depictions of violence.
Woods was previously convicted in 2021 in Citrus County, Florida, of two felony charges related to obscene communications with a minor and possessing a photograph depicting child sexual abuse.
Zachary A. Myers, United States Attorney for the Southern District of Indiana, Randal Taylor, Chief of Indianapolis Metropolitan Police Department, and Jeffrey R. Adams, Special Agent in Charge of the U. S. Secret Service’s Indianapolis Field Office made the announcement.
“Criminals with a sexual interest in children continue to use social media platforms and other internet technologies to seek out and disseminate vile images of horrific abuses,” said U.S. Attorney Myers. “Repeat offenders like this defendant demonstrate their unwillingness or inability to stop committing these crimes, exacerbating the trauma already inflicted on child victims. The sentence imposed today demonstrates the commitment of federal law enforcement and IMPD to make our children safer by ensuring that these dangerous repeat offenders are in prison where they belong.”
IMPD, with assistance from the U.S. Secret Service, investigated this case. The sentence was imposed by U.S. District Court Chief Judge Tanya Walton Pratt. Chief Judge Pratt also ordered that Marshall be supervised by the U.S. Probation Office for 10 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorney Kristina Korobov, who prosecuted this case.
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 U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, 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.
Recidivist Defendant Pleads Guilty in Connection with Million-Dollar Fraud Scheme Targeting Senior Executives of Investment FirmsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that JONATHAN GHERTLER pled guilty today before U.S. District Judge Edgardo Ramos in connection with his scheme to impersonate senior leaders of two Manhattan-based investment firms, resulting in over $1 million in losses to their portfolio companies, and to impersonating a partner of a global law firm on telephone calls with federal law enforcement agents who were investigating the scheme.
U.S. Attorney Damian Williams said: “Jonathan Ghertler defrauded companies of over $1 million by impersonating some of the most prominent figures in finance. But law enforcement got wind of his scheme. Again. And when Ghertler saw the writing on the wall, he brazenly impersonated a partner of a global law firm and tried to convince federal agents and an Assistant United States Attorney to drop their investigation. His efforts failed and his fraud was unraveled, as have all of Ghertler’s past frauds, thanks to the persistent work of the prosecutors of this Office and our law enforcement partners.”
According to the allegations in the Indictment and Complaint:
From at least in or about December 2021, up to and including at least June 2022, GHERTLER impersonated the General Counsel of a global private equity firm (the “Private Equity Firm”). In doing so, GHERTLER fraudulently caused the Private Equity Firm’s portfolio companies to pay at least $200,000 to fund a non-existent internal investigation into alleged links between senior employees of the Private Equity Firm and Jeffrey Epstein, the deceased financier who, before he died on or about August 10, 2019, had been charged in the Southern District of New York with sex trafficking of minors and conspiring to commit sex trafficking of minors.
In addition, from at least May 2021, up to and including February 2023, GHERTLER impersonated the founder of an investment firm (the “Investment Firm”), directing the Chief Executive Officer (the “CEO”) of one of the Investment Firm’s portfolio companies (the “IF Portfolio Company”) to make at least $865,000 in payments to fund a non-existent internal investigation related to the founder’s alleged relationship with Epstein. In recent weeks, GHERTLER, posing as the founder of the Investment Firm, had discussed with the CEO the possibility of making a large investment into a restaurant chain owned by another investment firm.
On or about February 7, 2023, after learning from the CEO that federal investigators were investigating a potentially fraudulent payment made by the Investment Firm, GHERTLER, posing as a partner (the “Partner”) at a global law firm, spoke on the phone with Special Agents with the Federal Bureau of Investigation (“FBI”). GHERTLER told the federal agents that the IF Portfolio Company had chosen not to report the fraud because it had been “made whole” by the fraudster.
On or about February 10, 2023, GHERTLER, impersonating the Partner, spoke again with federal agents. GHERTLER said, after “consult[ing]” with “associates and lower-level partners” at the Global Law Firm who “used to work” at the United States Attorney’s Office for the Southern District of New York, “our position is that, uh, the law states that, umm, you know, if the money was paid back prior to, uh, the crime being, uh, discovered, uh, it’s not a crime.” GHERTLER added that his “client [i.e., the founder of the Investment Firm] has a lot of other issues he is dealing with right now, so this is one he really doesn’t need to deal with.”
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GHERTLER, 60, of Orlando, Florida, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison, and one count of making false statements, which carries a maximum sentence of five years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge. Sentencing has been scheduled for August 9, 2023, at 11 a.m.
Mr. Williams praised the outstanding investigative work of the FBI.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Adam Sowlati is in charge of the prosecution.
Port Angeles, Washington, man indicted for sexual abuse of a minorRead the Press Release
Seattle – A 34–year-old resident of Port Angeles, Washington, was indicted late yesterday by a federal grand jury for two counts of sexual abuse of a minor, announced Acting U.S. Attorney Tessa M. Gorman. Briceson R. Standley has been detained since his arrest on a criminal complaint on June 15, 2023.
According to records filed in the case, in April and June 2022, Standley met up with a 15-year-old youth who he had communicated with on a social media app. In the first encounter, Standley sexually molested the youth. In the second encounter, Standley allegedly carried a machete and a pocketknife. Standley allegedly raped the youth. The 15-year-old ceased any communication with Standley and ultimately reported the conduct to a health care provider.
An investigation by the U.S. Park Service determined that the alleged assaults took place on a portion of Olympic National Park land. Federal courts have jurisdiction over such land.
Sexual abuse of a minor is punishable by up to 15 years in prison.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Investigative Services Branch of the National Park Service and Port Angeles Police Department.
The case is being prosecuted by Assistant United States Attorney Kristine L. Foerster.
Ponte Vedra Beach Man Sentenced to More Than Six Years in Federal Prison for Distributing Child Sexual Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – Chief United States District Judge Timothy J. Corrigan has sentenced George Thomas Griffiths, Jr. (43, Ponte Vedra Beach) to six years and three months in federal prison for distributing videos and images depicting young children being sexually abused. Griffiths was also ordered to serve a 15-year term of supervised release, forfeit his smartphone, and register as a sex offender. Griffiths had pleaded guilty on May 27, 2022.
According to court documents, an FBI task force officer began an undercover investigation using a particular social media application (“app”) to identify individuals attempting to sexually exploit children using the internet. Between February 3 and February 20, 2020, an app user named “ban_me_again,” who was subsequently identified as Griffiths, uploaded several videos depicting children being sexually abused to a public chat room on the app. Meanwhile, the St. Johns County Sheriff’s Office (SJSO) received information from the National Center for Missing and Exploited Children that the same app had reported that this same user had uploaded videos depicting child sexual abuse materials during this same time period. Further investigation revealed that Griffiths had distributed these videos over the internet from his home and from his place of employment. At that time, Griffiths worked at a health care facility in Jacksonville as an x-ray technologist.
On November 19, 2020, SJSO detectives and personnel, together with agents from Homeland Security Investigations (HSI), executed a search warrant at Griffiths’s residence and seized a smartphone used by Griffiths. During an interview, Griffiths stated, among other things, that he had used the particular app to talk to individuals over the internet. He also stated that it was “possible” that he had exchanged pictures and videos on the app, and that these materials “possibly” included “bestiality” involving both adults and children. When asked how many times he distributed child sexual abuse materials, Griffiths first responded, “I don’t know” and then clarified, “more than one or two.”
Subsequent examination of Griffiths’s phone revealed that it contained at least 2,000 images and at least 10 videos depicting children being sexually abused, including infants and toddler-aged children.
This case was investigated by the St. Johns County Sheriff’s Office, the Federal Bureau of Investigation, and Homeland Security Investigations. It was prosecuted by Assistant United States Attorney D. Rodney Brown. Assistant United States Attorney Mai Tran handled the forfeiture of Griffith’s electronic device.
It is another 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.justice.gov/psc.
Political Consultant Sentenced to 24 Years in Prison for Role in Murder for Hire SchemeRead the Press Release
NEWARK, N.J. – A New Jersey-based political consultant was sentenced today to 288 months in prison for hiring two men to kill a longtime associate who had worked for him on various political campaigns, U.S. Attorney Philip R. Sellinger announced.
Sean Caddle, 45, of Hamburg, New Jersey, previously pleaded guilty before U.S. District Judge John Michael Vazquez to an information charging him with one count of conspiracy to commit murder for hire. Judge Vazquez imposed the sentence today in Newark federal court.
“Sean Caddle unleashed two violent hitmen to stab Michael Galdieri to death and set fire to his apartment,” U.S. Attorney Sellinger said. “Despite being lifelong friends, Caddle paid to have Galdieri murdered because he thought that his own business interests were at risk. Today’s sentence is a just punishment for a heinous crime and provides some measure of justice for the victim and his family. I want to credit the dedicated agents of the Federal Bureau of Investigation and the members of my Office who doggedly pursued this cold case murder investigation for years and have now brought to justice all three individuals responsible for the death of Michael Galdieri.”
“Regardless of any dispute or argument a person has with someone, hiring hitmen to solve it is not only cold-hearted and despicable, but also against the law,” FBI Special Agent in Charge James E. Dennehy said. “Caddle now faces justice for paying to having his former colleague and friend murdered. He will spend years in federal prison contemplating his actions, a small price to pay when another man lost his life.”
According to documents filed in this case and statements made in court:
In April of 2014, Caddle solicited George Bratsenis of Monroe, Connecticut, to commit a murder on Caddle’s behalf in exchange for thousands of dollars. Bratsenis recruited Bomani Africa a longtime accomplice from Philadelphia, to join the plot. After Bratsenis confirmed his and Africa’s interest in the job, Caddle told Bratsenis that the target was a longtime associate who had worked for Caddle on various political campaigns.
On May 22, 2014, Bratsenis and Africa traveled from out of state to the victim’s apartment in Jersey City. After entering the apartment, Bratsenis and Africa stabbed the victim to death and then set fire to the victim’s apartment. After Caddle learned that the victim had been murdered, he met Bratsenis in the parking lot of a diner in Elizabeth, New Jersey. Caddle paid Bratsenis thousands of dollars in exchange for the murder, and Bratsenis shared a portion of those proceeds with Africa.
In addition to the prison term, Judge Vazquez sentenced Caddle to five years of supervised release.
Bratsenis was sentenced on March 29, 2023, to 16 years in prison; Africa was sentenced on Feb. 23, 2023, to 20 years in prison.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Dennehy, with the investigation leading to today’s sentencing. He also thanked the Hudson County Prosecutor’s Office and IRS-Criminal Investigation for their assistance.
The government is represented by Executive Assistant U.S. Attorney Lee M. Cortes Jr., Sean Farrell, Chief, New York Office, Department of Justice, Antitrust Division.
Placer County Man Indicted for Sexual Exploitation Offenses Against a MinorRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Ryan Davidek, 39, of Lincoln, charging him with transportation of a minor with intent to engage in criminal sexual activity and travel with intent to engage in illicit sexual conduct, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in 2016, Davidek began a sexual relationship with a 14-year-old victim who he had met online. Over the course of several years, Davidek booked hotel rooms and traveled across state lines, as well as transported the victim from another state to the Eastern District of California, to commit the charged crimes.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Alexis Klein is prosecuting the case.
If convicted of transportation of a minor with intent to engage in criminal sexual activity, Davidek faces a mandatory minimum of 10 years in prison and a maximum of life in prison and a $250,000 fine, and if convicted of travel with intent to engage in illicit sexual conduct, he faces up to 30 years in prison and a fine of up to $250,000. 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 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.