WASHINGTON – Cesar Morales, 23, of Washington, D.C., was sentenced today to five years in prison on charges stemming from a shooting last summer at the Columbia Heights Metro station in Northwest Washington, U.S. Attorney Jessie K. Liu announced.

            Morales was found guilty by a jury in January 2018 of assault with a dangerous weapon, possession of a firearm during a crime of violence, and related firearm offenses. The verdict followed a one-week trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer A. Di Toro. Following his prison term, Morales will be placed on five years of supervised release.

            According to the government’s evidence, on Aug. 25, 2017 at approximately 12:20 p.m., Morales chased the victim around the Columbia Heights Metro station. As they reached the top of the escalators on the west entrance, Morales fired one shot with a .22-caliber Ruger towards the victim. Luckily, the victim was able to run away and get through the station unharmed. At the time of the shooting, dozens of people were in and around the station.

            Morales fled westbound on Irving Street NW, making a right on Hyatt Place and then a left onto Park Road NW. Within minutes, officers with the Metropolitan Police Department (MPD) were able to contact and attempted to stop the defendant and another individual. When officers asked to see Morales’s hands, the defendant reached in his waistband and fled from the officers. Officers observed Morales toss a firearm. Morales was able to get away.

            Video surveillance captured the shooting outside the Metro station and the victim running inside the station. Body-worn camera of the officers captured the stop minutes after the shooting. MPD released video and an investigation led to Morales’s arrest on Aug. 31, 2017. He has been in custody ever since. A casing was recovered from the Metro station stairs that was determined to have been fired by the firearm recovered in defendant’s flight path.

            In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from Metropolitan Police Department and Metro Transit Police Department. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tiffany Fogle, Litigation Technology Specialist Anisha Bhatia, and Assistant U.S. Attorney Jennifer Kerkhoff. Finally, she acknowledged the efforts of Assistant U.S. Attorney Monica Trigoso, who investigated and prosecuted the case.

NORFOLK, Va. – A Suffolk man pleaded guilty today to possession with intent to distribute heroin and possession of a firearm during a drug trafficking crime.

According to court documents, Henry Scott, 53, was a significant distributor of heroin in Suffolk.  After conducting four controlled purchases of heroin from Scott for a total amount of 50 grams, the Suffolk Police and DEA obtained a search warrant for Scott’s person, his residence and his vehicle.  Inside Scott’s vehicle agents discovered 64 grams of heroin. Inside his residence agents found 27 grams of heroin along with an AR-15 style firearm with a 60-round drum magazine.

Scott pleaded guilty to possession with intent to distribute heroin and possession of a firearm in furtherance of drug distribution. He faces a mandatory minimum sentence of five years and a maximum sentence of life in prison when sentenced on October 1. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

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 make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Scott W. Hoernke, Acting Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney William D. Muhr is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-54.

ALBANY, NEW YORK – Albert Hessberg III, age 63, of Slingerlands, New York, appeared today in federal court on charges that he defrauded and stole money from his clients and former law firm.

The announcement was made by United States Attorney Grant C. Jaquith and Janelle M. Miller, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.

A criminal complaint charges Hessberg with wire fraud and mail fraud.  Hessberg worked for 37 years in the Albany office of the law firm now known as Barclay Damon LLP, practicing in the area of trusts and estates.  According to the complaint, in March 2018, the law firm terminated Hessberg for cause.

Hessberg is accused of stealing and concealing the theft of at least $328,000 entrusted to him by clients, as well as diverting to himself payments for legal services that should have been made to Barclay Damon.  The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

Hessberg appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him released with conditions, pending further proceedings. 

If convicted, Hessberg faces up to 20 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the FBI and being prosecuted by Assistant U.S. Attorney Michael Barnett.

June 15, 2018, is World Elder Abuse Awareness Day.  Communities around the world are focusing on the abuse, fraud, neglect, and schemes perpetrated against older individuals.  As South Dakota’s United States Attorney, I take very seriously the role of our office in protecting older South Dakotans. 

In 2017, Congress passed the Elder Abuse Prevention and Prosecution Act.  Among other things, this law enabled the Attorney General of the United States to allocate resources to federal investigations and prosecutions of crimes against older Americans. 

In the District of South Dakota, I have designated Kevin Koliner, an experienced prosecutor, to serve as my office’s Elder Justice Coordinator.  Kevin is responsible for prosecuting elder abuse cases, coordinating with state and tribal partners, and conducting public outreach and awareness activities relating to elder abuse.  On a national level, the Department of Justice has convened a large working group to ensure that federal law enforcement stays ahead of the criminals, with access to current trends and information necessary to fulfill our duty of protecting older Americans.

Our focused efforts have already seen results.  Here in South Dakota, our office has prosecuted a large-scale wire fraud case in which an older South Dakotan was targeted in a scam that involved gaining access to his investment account, then forging check requests to deplete the funds.  In a separate case involving thousands of elderly victims, three co-defendants were recently sentenced to considerable time in federal prison after a decades-long scheme in which they peddled a supposed cure-all medical device, enticing vulnerable customers with false claims of scientific studies.  

My office is also proud to partner with state and tribal law enforcement on these issues, working together to determine the best forum for ensuring justice for victims of these crimes.  For instance, some matters are best pursued federally because they involve fraud on federal programs or they require interstate or international investigations.  Other elder abuse cases might be best pursued by state authorities, perhaps if they are more local in nature, such as crimes perpetrated by direct caregivers or family members. 

This partnership model has been a great success.  Nationwide, the Department of Justice in partnerships between U.S. Attorneys, federal, state, and tribal law enforcement agencies, state attorney generals, and state prosecutors have over the past year brought elder abuse cases involving over 250 defendants, $600 million in victim losses, and involving over one million victims from every state. 

As we mark World Elder Abuse Awareness Day, I want to share with you some practical advice regarding warning signs of potential elder abuse.

Examples of financial exploitation include:

• Use of ATM or credit cards without permission
• Forging signatures on checks or important documents
• Requests to older adults for money to cover “emergency” expenses
• Pressure to grant power of attorney rights
• Unauthorized sales, such as family heirlooms

Signs that your loved one might be a victim of financial exploitation:

• Sudden changes in banking practices
• Being accompanied to important appointments by unknown person
• Adding new names on bank signature cards
• Sudden changes in wills or other important documents
• Unexplained disappearance of funds or possessions
• Substandard personal care
• Unpaid bills when financials resources should be adequate
• Sudden appearance of previously uninvolved relatives

Steps to protect yourself:

• Check financial statements regularly (at least monthly)
• Store important documents in a locked drawer
• Talk to your bank about age-friendly banking options
• Contact an attorney with any legal questions, and be assured you understand their advice before proceeding
• Visit ftc.gov every year to get free credit reports, then review those reports thoroughly

For more information about the Department of Justice’s efforts to prevent and combat elder abuse, please visit the Elder Justice Website at elderjustice.gov.  There is also a victim connect hotline, 1-855-4VICTIM (1-855-484-2846), where you can receive service referrals by senior services specialists.  Finally, if you believe you or your loved one is a victim of physical or sexual abuse, do not hesitate to contact local police immediately.

WHEELING, WEST VIRGINIA – Kevin J. Pugh, of Wheeling, West Virginia, has admitted to a drug charge, United States Attorney Bill Powell announced.

Pugh, age 38, pled guilty to one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.” Pugh is accused of selling cocaine near Bloch Playground in October 2017 in Ohio County. 

Pugh faces up 40 years incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. 

Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Drug Enforcement Administration and the Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative, are investigating. The United States Marshals Service made the arrest.
 
U.S. Magistrate Judge James E. Seibert presided.

WHEELING, WEST VIRGINIA – William W. Seelbach, of Fort Meyers, Florida, and Jolynn Gilchrist, of Wheeling, West Virginia, have admitted to tax fraud, United States Attorney Bill Powell announced.

Seelbach, age 68, owner of W&S Bail Bonding, doing business as A Bail Bonding by ABC of Wheeling, West Virginia, pled guilty to  one count of “Conspiracy to Defraud the United States—Impede the Internal Revenue Service,” and one count of “Failure to File Individual Income Tax Return for Tax Year 2012.” Seelbach admitted to impeding the IRS in its collection of taxes, and failing to file a federal income tax return for 2012 to report $144,030 in income to the IRS.

Gilchrist, age 49, former employee of ABC, pled guilty to one count of “False Tax Return.” Gilchrist admitted to filing an inaccurate federal tax return for the 2015 tax year.

Seelbach and Gilchrist each face up to five years incarceration and a fine of up to $250,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorneys Jarod J. Douglas and Shawn M. Adkins are prosecuting the cases on behalf of the government. The Federal Bureau of Investigation, the Internal Revenue Service, the West Virginia Commission on Special Investigations, and the West Virginia State Police investigated. 

U.S. Magistrate Judge James E. Seibert presided.
 

ATLANTA - A former employee of a U.S. government contractor in Afghanistan was sentenced today for accepting illegal kickbacks from an Afghan subcontractor in return for his assistance in obtaining subcontracts on U.S. government contracts.

U.S. Attorney Byung J. “BJay” Pak of the Northern District of Georgia; Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; Special Agent in Charge John Khin of the Defense Criminal Investigative Service’s (DCIS) Southeast Field Office, Atlanta Resident Agency; Special Agent in Charge Robert E. Craig of DCIS’ Mid-Atlantic Field Office; Special Inspector General for Afghanistan Reconstruction (SIGAR) John F. Sopko; Director Frank Robey of the U.S. Army Criminal Investigation Command’s (CID) Major Procurement Fraud Unit (MPFU); Acting Special Agent in Charge J.C. Hacker of the FBI Atlanta Resident Agency and Special Agent in Charge Wendell W. Palmer of Air Force Office of Special Investigations (OSI), made the announcement.

Christopher McCray, 55, of Jonesboro, Georgia and Chattanooga, Tennessee, was sentenced in Atlanta by U.S. District Judge Mark H. Cohen of the Northern District of Georgia to five months in federal prison, with five months home detention, three years of supervised release, and 200 hours of community service.  McCray pleaded guilty to one count of accepting illegal kickbacks on March 5, 2018.  He was charged in an indictment filed on April 25, 2017 in the Northern District of Georgia with one count of conspiracy to accept kickbacks and 14 counts of accepting illegal kickbacks.

As part of his plea, McCray admitted that he was employed as the country manager for a subcontractor of an American company that was moving cargo for the Army and Air Force Exchange Service from Bagram Airfield to military bases through Afghanistan.  When the prime contractor needed McCray’s employer to take a much bigger role in the distribution, McCray had the chance to influence the choice of the necessary Afghan trucking company as a subcontractor to his employer.  McCray’s employer entered into a subcontract with an Afghan company but before the choice of the subcontractor was made, the Afghan trucking company secretly agreed to kick back to McCray 15 percent of the revenues it would receive on the contract, he admitted.  McCray thereafter remained as the only representative of his employer in Afghanistan for the duration of the subcontract and was responsible for checking the accuracy of the invoices submitted to McCray’s employer and the quality of the Afghan company’s work, all while secretly receiving the kickbacks, he admitted.

McCray received the secret payments from December 2012 to May 2014.  He and the Afghan trucking company also maintained a separate set of invoices, which showed the amounts charged to McCray’s employer and the amounts kept by the Afghan company and the amounts sent to McCray.  McCray was first paid in cash, then by wires sent to his bank in Atlanta and then by Western Union payments sent to his mother, who would deposit the funds, mostly in cash, into McCray’s bank accounts, he admitted.

DCIS, SIGAR, Army CID-MPFU, the FBI and Air Force OSI investigated this matter.  Trial Attorney James Gelber of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Brian Pearce of the Northern District of Georgia prosecuted the case.

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.

COLUMBUS, Ohio –William P. Elschlager, 49, of Marietta, Ohio, pleaded guilty in U.S. District Court today to cyberstalking.

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and Washington County Sheriff Larry R. Mincks, Sr. announced the plea entered into before U.S. District Judge Michael H. Watson.

Elschlager was employed with the Ohio State Highway Patrol for 19 years and served as post commander for the Marietta Post.

According to court documents, between November 2015 and January 2016, Elschlager placed a victim under surveillance with a GPS device on the victim’s vehicle with the intent to harass and intimidate the victim. 

“Today in court Elschlager admitted that he made phone calls and sent text messages regarding the victim’s whereabouts and, at times, her specific location, causing substantial emotional distress to the victim,” U.S. Attorney Glassman said. “For example, he texted the victim while she was in a retail store in Vienna, W.Va. and told her she needed to be aware of her surroundings and watch who she was around.”

In January 2016, when law enforcement officers conducted a search of Elschlager’s residence and electronic devices, they discovered a real-time location tracking of the victim on Elschlager’s computer. He also had the GPS tracking software on his cell phone.

Elschlager was arrested by Washington County Sheriff’s Office deputies and indicted by a federal grand jury in May 2017.

Cyberstalking is a crime punishable by up to five years in prison.

U.S. Attorney Glassman commended the investigation of this case by the FBI and Washington County Sheriff’s Office, as well as Assistant United States Attorneys Jessica H. Kim and Kevin Kelley, who are prosecuting the case.

# # #

John H. Durham, United States Attorney for the District of Connecticut, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that a grand jury in Hartford returned a four-count superseding indictment yesterday charging TIMOTHY ESTRIDGE, 37, of Wallingford, with drug trafficking offenses.

This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.

According to court documents and statements made in court, on December 16, 2017, the Wallingford Police Department and emergency medical personnel responded to a Wallingford residence after a 9-1-1 call reported the untimely death of a 38-year-old male.  The caller who reported the death did not leave contact information and was not on scene when responders arrived.  The victim was pronounced dead at the scene, where investigators seized evidence of illicit drug use, including a small plastic baggy containing approximately eight suspected oxycodone pills, a glass dish with white powder residue, a broken credit card, prescription pill bottles, piece of wax folds commonly used as heroin packaging, and a used plastic syringe.

The State of Connecticut Chief Medical Examiner determined the victim’s cause of death to be intoxication of a combination of heroin, fentanyl, oxycodone, alprazolam, amphetamine, and ethanol.

It is alleged that, on multiple occasions between July and December 2017, ESTRIDGE possessed and distributed heroin and amphetamines.  It is further alleged that ESTRIDGE supplied narcotics to the overdose victim shortly before the victim was found dead.

The indictment charges ESTRIDGE with two counts of possession with intent to distribute, and distribution of, heroin, and two counts of possession with intent to distribute, and distribution of, amphetamine.  The charges carry a maximum term of imprisonment of 20 years on each count.

ESTRIDGE has been detained since his arrest on a federal criminal complaint on April 3, 2018.

U.S. Attorney Durham stressed that an indictment 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 Drug Enforcement Administration’s New Haven Task Force and the Wallingford Police Department.  The case is being prosecuted by Assistant U.S. Attorney Natasha M. Freismuth.

RALEIGH - United States Attorney Robert J. Higdon, Jr. announced that today, CHARLES ELLIOT NOBLES, 37, of Kinston, North Carolina was sentenced by Chief United States District Judge James C. Dever, III to 264 months imprisonment followed by 3 years’ supervised release.

NOBLES was named in a two-count Superseding Criminal Information on September 11, 2017.  On that day, NOBLES pled guilty to Brandishing a Firearm in Furtherance of a Crime of Violence and Aiding and Abetting and Discharging a Firearm in Furtherance of a Crime of Violence and Aiding and Abetting.

Between August 24, 2015, and May 15, 2016, a series of armed robberies occurred in the Eastern District of North Carolina area and elsewhere.  A total of seven robberies were conducted by various participants including NOBLES.  NOBLES was at the helm of the conspiracy and participated in all seven robberies.

Between August 24, 2015 and May 15, 2016 NOBLES participated in at least seven Hobbs Act robberies. During the course of the crime spree, NOBLES robbed a US Cellular store in Beulaville, attempted a robbery at the Win-A-Lot internet café in Kinston, a Family Dollar store in Pink Hill, a Family Dollar store in Faison, a US Cellular store in Kenansville, a US Cellular store in Snow Hill, and robbed the US Cellular store in Kenansville a second time. During the attempted robbery of the Win-A-Lot internet café, NOBLES aided and abetted others who shot a victim in the face.

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 make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

Investigation of this case was conducted by the Henderson Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Assistant United States Attorney S. Katherine Burnette prosecuted this case.

            CONCORD – Brett Gessay, 55, of Exeter, was sentenced to six months of home detention and two years of probation and was ordered to pay full restitution to the Social Security Administration for making a false statement in order to obtain Social Security benefits, announced United States Attorney Scott W. Murray.

            According to public records in the case, Gessay began receiving Social Security disability benefits in January 2007.  Beginning in at least January of 2008, Gessay was self-employed as a construction worker.   His income from this job rendered him ineligible to get most of the Social Security disability benefits that he received while he was self-employed.   Gessay did not report this work activity to the Social Security Administration (SSA), and concealed his self-employment and self-employment income from the SSA.   In mid-2016, Gessay admitted to investigators that he had concealed his work and income from the SSA in order to continue receiving disability benefits.  As a result of his concealment, Gessay received over $48,000 in disability benefits that he was not entitled to receive.

            “Federal benefit programs exist for those who truly need them,” said U.S. Attorney Murray.  “Those who use fraud to cheat the system are defrauding federal taxpayers and undermining the integrity of the system.  We will continue to work with our law enforcement partners to identify and prosecute those who seek to defraud federal benefit programs.”

            Special Agent in Charge Scott Antolik from the SSA Office of the Inspector General said, “This sentencing should serve as a warning to people who choose to selfishly defraud Social Security’s disability programs.  We would also like to thank the New Hampshire Department of Health and Human Services, Special Investigations Unit for its assistance with this investigation.  I strongly encourage the public to report suspected instances of Social Security fraud to the OIG’s Fraud Hotline at 1-800-269-0271 or https://oig.ssa.gov/report.”

            The case was investigated by the Social Security Administration’s Office of the Inspector General, New Hampshire Department of Health and Human Services, Special Investigations Unit, and prosecuted by Special Assistant United States Attorneys Matthew T. Hunter and Karen B. Burzycki.

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RICHMOND, Va. – A Mexican national who has illegally entered the United States on at least four occasions and has over a dozen convictions including assault on a child, was sentenced today to eight years in prison.

“In 24 years in the United States, Mr. Santos-Ochoa has been convicted of 17 crimes,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The Department of Justice is committed to prioritizing criminal immigration enforcement. Especially those like Mr. Santos-Ochoa, who enter this country illegally and then commit further crimes, will be found, prosecuted, held accountable, and removed. This is an issue of public safety and national security, and one that we take very seriously.”

According to court documents, Victor Santos-Ochoa, 45, was convicted of 17 misdemeanor violations in California, Georgia and Virginia between 1992 and 2007, including repeated immigration violations and state criminal convictions, and has used approximately 20 different aliases and five different dates of birth.

Santos-Ochoa was indicted and pleaded guilty to illegally reentering the United States after having been removed following conviction for an aggravated felony. He will be removed from the United States immediately following the completion of his prison sentence.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Henry Lucero, Director of U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ERO) Washington Field Office, made the announcement after sentencing by U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney S. David Schiller prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-151.

An Elyria man was sentenced to 25 years in federal prison for selling a mixture of fentanyl and heroin that resulted in the overdose death of a Lorain County woman.

Delante Lunn, 38, was convicted earlier this year of distribution of fentanyl and heroin. Lunn sold the drugs to a Wellington Village woman in February 2016. The woman died as a result of ingesting the drugs Lunn sold her, according to court documents and trial testimony.

This case was prosecuted by Assistant U.S. Attorneys Robert Corts and Vasile Katsaros following an investigation by the FBI and Elyria Police Department, with assistance from the Lorain County Prosecutor’s Office.

GREENVILLE– The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced JAVION SCOTT, 27, of Fayetteville, North Carolina to 78 months of imprisonment followed by 3 years of supervised release.

SCOTT was named in an Indictment on April 24, 2017.  On March 12, 2018, SCOTT pled guilty to one-count of Possession of a Firearm by a Felon.

On March 29, 2017, officers with the Fayetteville Police Department, Cumberland County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Cumberland County Probation and Parole office in Fayetteville, conducted a warrantless search at the residence of SCOTT, who was subject to post-release supervision conditions due to prior felony convictions, including Second Degree Sexual Offense.  The officers knocked on the door at 7:20 a.m., and it took several minutes for SCOTT to answer the door.  Investigators determined that SCOTT’s girlfriend threw two semi-automatic pistols, ammunition, a loaded large capacity magazine, a loaded magazine, an unloaded magazine, and an unspecified amount of marijuana over the balcony. The firearms were kept in SCOTT’s bedroom.  Investigation revealed that one of the firearms was reported stolen in Sampson County, on August 20, 2013.  Investigators recovered a third pistol and 35 grams of marijuana in SCOTT’S vehicle.

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 make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The Fayetteville Police Department, Cumberland County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Cumberland County Probation and Parole Office in Fayetteville conducted the criminal investigation of this case.  Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.

U.S. Attorney Duane A. Evans announced that ROT VAN NGUYEN, a/k/a “Minh Dung,” a/k/a “Minh Dung Duong,” age 56, of San Jose, California, was sentenced today to one year and one day in prison by U.S. District Court Judge Carl J. Barbier for failing to register as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA).

According to court documents, NGUYEN was convicted in California in 2009 for lewd or lascivious acts on a child under 14 years of age, a violation of California Penal Code Section 288(a).  After his release from prison, NGUYEN was obligated to register as a sex offender for life.  In November 2015, while he was on probation, NGUYEN cut off a GPS monitor required by California Parole and absconded from supervision.  He remained at large until December 12, 2017, when members of the U.S. Marshals Task Force and Louisiana State Troopers apprehended NGUYEN at a casino in New Orleans.  After his arrest, NGUYEN admitted to living in Houma prior to moving to New Orleans, and that he was aware of his obligation to register as a sex offender in Louisiana pursuant to SORNA.  He was initially arrested on charges of violating Louisiana state registration laws until the matter was charged in federal court.

In addition to being sentenced to one year and one day in prison, NGUYEN also was sentenced to five years of supervised release.

U.S. Attorney Evans praised the work of the United States Marshals Service and the Louisiana State Police in this matter.  He extended his thanks to California Division of Parole Operations, the Orleans Parish Sheriff’s Office, and the Orleans Parish District Attorney’s Office for their assistance.  Assistant United States Attorney Matthew Payne is in charge of prosecution.

Eight people were indicted in federal court their roles in a conspiracy selling cocaine and crack cocaine in and around Lima, law enforcement officials said.

Those named in the 11-count federal indictment are: Don Burns, 44; Joseph Downton, 39; Earl Hall, 37; DeJuan James, 31; Michael Jones, 40; DeJuan Keys, 29; Larry Nathan, 53, and Chivas Shurelds, 29. All eight live in Lima and all are charged with conspiracy to possess with intent to distribute cocaine and crack cocaine.

Several additional people were indicted in the Allen County Court of Common Pleas as part of the case.

 Burns, Downton, Hall, James, Jones, Keys, Nathan and Shurelds conspired together between November 2016 and the present to distribute large amounts of cocaine and crack cocaine. Downton and Hall are responsible for distributing at least five kilograms of cocaine, according to the 11-count indictment filed in U.S. District Court.

Burns, Downton, Hall, James, Keys, Nathan and Shurelds purchased cocaine from Demos Watkins. Watkins pleaded guilty to drug charges in federal court earlier this year and is awaiting sentencing.

Nathan converted the cocaine he bought from Watkins into crack cocaine which he sold to others himself or through intermediaries, including Jones, according to the federal indictment.

Watkins used a house on North McDonel Street to stash the drugs he sold to the defendants, according to the indictment.

“This is a network that sold large amounts of cocaine and crack cocaine in Lima,” said U.S. Attorney Justin E. Herdman. “These indictments are a great example of law enforcement working together to make our community safer.”

FBI Special Agent in Charge Stephen D. Anthony said: "These arrests demonstrate the collaborative efforts law enforcement engage in on a daily basis.  In this case the sharing of information from a traffic stop where illegal narcotics were discovered led to a 19-month joint law enforcement investigation resulting in numerous arrests. The FBI will continue to devote all available resources to work collectively with our law enforcement partners to make sure those bringing poison to our streets are held accountable.”

Allen County Sheriff Matt Treglia said: “The West Central Ohio Crime Task Force greatly appreciates the support it has received from state and federal investigators while conducting this multi-agency, multi-jurisdiction investigation. This long-term thorough investigation, which culminated in a well-executed criminal roundup this morning, is a great example of how interagency cooperation can significantly disrupt the drug trade in any community in this state. We look forward to continuing a strong partnership with the F.B.I. and Ohio B.C.I. until the day we have completely eliminated the drug epidemic in our community.”

Lima Police Chief Kevin J. Martin said: On behalf of the Lima Police Department, I would like to express our extreme gratitude for the Allen County Sheriff’s Office, the FBI and the many other Criminal Justice Organizations that have worked together to help send a loud and clear message that illegal drug dealing will not be allowed in the Lima community. 

“As part of the West Central Ohio Crimes Task Force, the Ohio National Guard is extremely honored to partner in support of Allen County residents and the statewide fight against illicit drugs,” said Lt. Col. Michael Flaherty, Ohio National Guard Counterdrug Task Force director. “Staff Sgt. Vanessa Gazarek, an Ohio National Guard CDTF criminal analyst, provided invaluable intelligence support to assist local and federal law enforcement during this investigation.”

This case was investigated by the FBI, Allen County Sheriff’s Office, Lima Police Department, Van Wert County Sheriff’s Office, Ohio State Highway Patrol, Ohio National Guard Counter Drug Task Force and Delphos Police Department.

The federal case is being prosecuted by Assistant U.S. Attorney Alissa M. Sterling and Thomas P. Weldon.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

United States District Court Judge Nannette Jolivette Brown sentenced UMANA-ROSA to time served (11 months) and ordered him to pay a $100 special assessment fee. The defendant will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.

According to court documents, on June 13, 2017, UMANA-ROSA was found in the United States after having been previously removed from the United States on October 15, 1998.

PHILADELPHIA – U.S. Attorney William M. McSwain announced that a Philadelphia man was charged today with an armed robbery of a Philadelphia pharmacy.

Ronald Hanible, 47, was charged by indictment with the armed robbery of Aspire Pharmacy at 4307 Locust Street.

 According to the indictment, on April 27, 2018, Hanible robbed Aspire Pharmacy at gunpoint and stole approximately $200 and quantities of Oxycodone and Xanax pills. It is further alleged that the defendant brandished the handgun at a store employee during the armed robbery.

Hanible is charged with one count of robbery which interfered with interstate commerce, one count of using, carrying and brandishing a firearm during and in relation to a crime of violence, and two counts of possessing with intent to distribute a controlled substance. 

If convicted of all charges, Hanible faces a maximum of life imprisonment, a mandatory-minimum imprisonment of seven years, which must be served consecutively to any other sentence imposed by the Court, six years up to lifetime supervised release, a $3,000,000 fine, and a $400 special assessment.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney José R. Arteaga.                                                                

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

          SANTA ANA, California– Three additional doctors have been charged in three new cases for their roles in a 15-year-long health care fraud scheme that involved more than $40 million in illegal kickbacks paid to doctors and other medical professionals in exchange for referring thousands of patients who received spinal surgeries. As a result of the kickback scheme, more than $580 million in fraudulent bills were submitted, mostly to California’s worker compensation system.

          David Hobart Payne, 60, an orthopedic surgeon who lives in Irvine, is scheduled to be arraigned later today in United States District Court on charges of conspiracy, honest services fraud, and using an interstate facility to aid in unlawful activity. A five-count superseding indictment returned by a federal grand jury on April 25 alleges that Payne was bribed approximately $450,000 to steer more than $10 million in kickback-tainted surgeries to Pacific Hospital of Long Beach.

          Jeffrey David Gross, 52, an orthopedic surgeon who resides in Dana Point and Las Vegas, Nevada, appeared in federal court on Wednesday and pleaded not guilty to charges contained in a 14-count indictment returned earlier this year by a federal grand jury. Gross, who faces charges of conspiracy, honest services mail fraud and honest services wire fraud, was ordered to stand trial on August 7. The indictment alleges that Gross made at least $622,000 in exchange for performing and/or referring more than $19 million in kickback-tainted surgeries to Pacific Hospital.

          In the third indictment being announced today, Lokesh Tantuwaya, 51, who maintains residences in Rancho Santa Fe and Rock Springs, Wyoming, was charged in February by a federal grand jury. The 13-count indictment charges Tantuwaya with conspiracy, honest services fraud, and using an interstate facility to aid in unlawful activity. Tantuwaya, who pleaded not guilty in April, has been ordered to stand trial on November 6. The indictment alleges that Tantuwaya received approximately $3.2 million in kickbacks for referring and/or performing $38 million in surgeries to Pacific Hospital.

          The kickback scheme centered on Pacific Hospital of Long Beach, which specialized in surgeries, especially spinal and orthopedic procedures. The owner of Pacific Hospital, Michael D. Drobot, conspired with doctors, chiropractors and marketers to pay kickbacks in return for the referral of thousands of patients to Pacific Hospital for spinal surgeries and other medical services paid for primarily through the California workers’ compensation system. During its final five years, the scheme resulted in the submission of over $500 million in fraudulent medical bills. To date, nine defendants have been convicted for participating in the kickback scheme.

          If they were to be convicted of the charges in the indictments announced today, Payne, Gross and Tantuwaya would face potential sentences of decades in federal prison.

          An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

          The investigation into the spinal surgery kickback scheme is being conducted by the Federal Bureau of Investigation; IRS Criminal Investigation; the California Department of Insurance; and the United States Postal Service, Office of Inspector General.

          This case is being prosecuted by Assistant United States Attorneys Joseph T. McNally and Scott D. Tenley of the Santa Ana Branch Office, and Assistant United States Attorney Ashwin Janakiram of the Major Frauds Section.

WICHITA, KAN.– A Wichita man was charged in federal court today with making a deal to buy two tiger pelts in violation of the federal Lacey Act, U.S. Attorney Stephen McAllister said.

Ret Thach, 38, Wichita, Kan., is charged with one count of violating the Lacey Act, which prohibits interstate sale or purchase of animals that are covered by the Endangered Species Act.

In court documents, investigators allege Thach reached an agreement to pay $8,000 for two tiger pelts to be delivered to him in Wichita. Thach also agreed to pay traveling expenses for a seller from Wisconsin to drive to Wichita to deliver the pelts. Thach did not know that the seller was an agent of the U.S. Fish and Wildlife Service working undercover.

According to court records, the agent informed Thach that selling the pelts across state lines was “absolutely illegal.” Thach told the agent he already owned “a lion and a lot of bears” and wanted to go ahead with the deal to buy the tiger pelts. Thach said he wanted the pelts for his home office.

If convicted, Thach faces a penalty of up to five years in federal prison and a fine up to $250,000. The U.S. Fish and Wildlife Service investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.