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Madison Township Man Pleads Guilty To Theft From The United States

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on January 31, 2019, Timothy Scheitlin, age 43, of Madison Township, Pennsylvania, entered a guilty plea before U.S. District Court Judge Malachy E.  Mannion to one count of theft of government funds.

According to United States Attorney David J. Freed, Scheitlin was employed at the Tobyhanna Army Depot from on or about January 2014 until February 2017, and part of Scheitlin’s job duties included collecting monies from vending machines.  During the course of his employment, Scheitlin stole over $1,000 from the vending machines at the Tobyhanna Army Depot.

The case was investigated by the Army Criminal Investigation Division. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.  At the time of the sentencing hearing, the Court will determine the amount of loss to Tobyhanna Army Depot. 

The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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Gary Man Sentenced To 74 Months In Prison

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HAMMOND- Francisco Rivera, 29, of Gary, Indiana, was sentenced before District Court Judge Philip P. Simon on his plea to distribution of cocaine and possession of a firearm in furtherance of a drug crime, announced U.S. Attorney Kirsch.

Cruz received a sentence of 74 months in prison followed by 3 years of supervised release. 

According to documents filed in this case, DEA agents used a confidential source to purchase cocaine from Francisco Rivera at his Lake Station residence on April 3, 2017.  A federal search warrant for that residence was executed that same day.  Within a locked room inside the residence law enforcement found over a kilogram of cocaine, 30 kilograms of marijuana, and four firearms including an assault rifle that had previously been reported stolen. 

This case was investigated by the DEA HIDTA Task Force with the assistance of the Hobart Police Department and was prosecuted by Assistant United States Attorney Thomas M. McGrath. 

 

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Mishawaka Man Sentenced to 30 Years In Prison

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SOUTH BEND – Carlos Maez, 41 years old, of Mishawaka, Indiana, was sentenced by U.S. District Court Judge Jon E. DeGuilio to 30 years in prison, announced U.S. Attorney Kirsch.

U.S. Attorney Kirsch said, “Today’s 30 year sentence reflects the seriousness of armed career criminals who continue to commit violent crimes in this District.  We will continue to seek sentences like this one to deter others that simply do not get the message.”

In May 2018, a jury convicted Maez of armed bank robbery, possessing a firearm during a crime of violence, and possessing a firearm after having been convicted of a felony.  

According to documents in the case, on October 16, 2015, a bank in South Bend was robbed by a man who displayed a firearm.  The robber demanded money from the teller and fled on foot with over $8,000.00.  Witnesses saw him run from the bank and enter an SUV that fled the scene.  Photos of the robber were released to the media a few days later.  Acting on a tip, the FBI identified Maez as a suspect.  Several individuals identified Maez from bank surveillance images.  Maez has five prior felony convictions, including bank robbery, and was on parole when he robbed the bank in 2015.

This case was investigated by the FBI with the assistance of the South Bend Police Department and was prosecuted by Assistant United States Attorneys Frank Schaffer and Molly Donnelly.

 

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Final Members of East Alabama Drug Trafficking Organization Sentenced

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Montgomery, Alabama– The final three members of a drug trafficking organization based in Lee County were sentenced in federal court last week, announced United States Attorney Louis V. Franklin, Sr., and Acting Assistant Special Agent in Charge Andy Langan with the Drug Enforcement Administration (DEA). Marquis Lanez Miller, Lester Stephen Young, and Worldly Dieago Holstick were sentenced last week, bringing the total number of organization members sentenced in federal court to nineteen.

  1. Alfred Lorenzo Cole – 37 years old, Santa Rosa, California; 168 months’ imprisonment;
  2. Sakeya Monique Donaldson, 39 years old, Atlanta, Georgia; 26 months’ imprisonment;
  3. Leanne Grimmett, 32 years old, Auburn, Alabama; 12 months and a day imprisonment;
  4. James Lee Hamilton, 41 years old, Santa Rosa, California; 48 months’ imprisonment;
  5. Jermichael Lamar Hart, 32 years old, Auburn, Alabama; 120 months’ imprisonment;
  6. Worldly Dieago Holstick – 36 years old, Auburn, Alabama; 420 months’ imprisonment;
  7. Mackenzie Leigh Keith, 24 years old, Auburn, Alabama; 3 years’ probation;
  8. Tyesha Lanise Lockhart – 21 years old, Auburn, Alabama; 12 months and a day imprisonment;
  9. John Willie Maddox, Jr. - 28 years old, Auburn, Alabama; 170 months’ imprisonment;
  10. Phillip Maddox; 41 years old, Auburn, Alabama; 60 months’ imprisonment;
  11. James Earl McIntyre, 29 years old, Montgomery, Alabama; 24 months’ imprisonment;
  12. Marquis Lanez Miller – 37 years old, Auburn, Alabama; 81 months’ imprisonment;
  13. Tyquavious Roequan Mitchell, 20 years old, Opelika, Alabama; 36 months’ imprisonment;
  14. Jamarcus Deandre Pettus, 34 years old, Opelika, Alabama; 120 months’ imprisonment;
  15. Eric Kendall Smith, 26 years old, Opelika, Alabama; 120 months’ imprisonment;
  16. Timothy Lamar Spinks, 43 years old, Auburn, Alabama; 180 months’ imprisonment;
  17. Erin Kristen Turner – 24 years old, Auburn, Alabama; 6 months’ imprisonment;
  18. Lateasha Lashun Williams, 31 years old, Auburn, Alabama; 20 months’ imprisonment; and
  19. Lester Stephen Young, 35 years old, Auburn, Alabama; 33 months’ imprisonment.


Each of the defendants previously entered guilty pleas to various drug, gun, and money laundering offenses, including four who did so after a jury trial had commenced. According to witnesses who testified during the trial and the sentencing hearings, Worldly Holstick was the leader of the drug trafficking organization which stretched from Alabama and Georgia to California. The investigation began after an 11-year-old child was shot while sitting in a vehicle outside one of Holstick’s residences in the Orchard Way trailer park in Auburn, Alabama on September 16, 2016. During the ensuing investigation, officers seized the DVR system located at the residence, which contained video of the shooting as well as Holstick and other members of the conspiracy possessing cocaine, marijuana, and various firearms.

An additional fifteen defendants were prosecuted in state court by the Lee County District Attorney’s Office.

In the mid-1990s, Worldly Holstick’s father, Lester Holstick, along with five of Lester Holstick’s siblings (Anthony, Mack, Betty Jean, Rochester, and Curtis) were convicted in federal court on drug trafficking charges. Lester Holstick was sentenced to 20 years’ imprisonment. Mack Holstick was sentenced to 30 years’ imprisonment.

"These sentencings are the result of the hard work and dedication of multiple agencies and will strike a severe blow to an organization that was bringing dangerous drugs and violence into our communities," said U.S. Attorney Franklin. "Too often, multiple generations participate in the drug trafficking trade and society is left to deal with this vicious cycle. My office will continue to work with all of our law enforcement partners to identify and dismantle these drug trafficking organizations.”

“This was a huge impact investigation for the Auburn and Lee County communities,” stated Acting ASAC Langan. “It shines a spotlight on the great things that are accomplished when Federal, State, and Local Law Enforcement partners work together with their prosecuting counterparts toward a common goal. These sentences should send the message to everyone involved in the illicit drug trade in the State of Alabama that we will bring you to justice and you will be held accountable for your crimes.”

These cases were investigated by the following agencies: DEA – Montgomery Resident Office, Auburn Police Department, Eufaula Police Department, Prattville Police Department, Alabama Attorney General’s Office, Alabama Law Enforcement Agency, Alabama HIDTA Task Force, Alabama National Guard, Autauga County Sheriff’s Office, Central Alabama Drug Task Force (CADTF), Elmore County Sheriff’s Office, Millbrook Police Department, Montgomery County Sheriff’s Office, Montgomery Police Department, Lee County Sheriff’s Office, Lee County District Attorney’s Office, Opelika Police Department, Troy Police Department, and the United States Marshals.

The federal case was prosecuted by Assistant United States Attorneys Kevin Davidson, Josh Wendell, and Curtis Ivy.

Owner Of Information Technology Staffing Company Charged With Visa And Naturalization Fraud

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NEWARK, N.J. – A Middlesex County, New Jersey, man was arrested this morning for allegedly submitting 11 fraudulent H-1B visa applications as well as fraudulently procuring his own citizenship, U.S. Attorney Craig Carpenito announced.

Neeraj Sharma, 43, of Piscataway, New Jersey, is charged by complaint with one count of visa fraud and one count of naturalization fraud. Sharma is scheduled to make his initial appearance this afternoon before U.S. Magistrate Judge Michael A. Hammer in Newark federal court.

According to documents filed in this case and statements made in court:

Sharma recruited foreign workers with purported IT expertise who sought work in the United States. When submitting the potential staffers’ H-1B visa paperwork to U.S. Citizenship and Immigrations Services, Sharma falsely represented that the foreign workers had full-time positions awaiting them at a national bank, a prerequisite to securing their visas. In fact, Sharma had never secured work for the applicants and submitted phony letters to USCIS on the bank’s letterhead with forged signatures of bank executives. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability.

The visa and naturalization fraud charges carry a maximum potential penalty of 10 years in prison and a $250,000 fine.

U.S. Attorney Carpenito credited special agents of the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), Newark Field Office, under the direction of Special Agent in Charge Brian A. Michael, the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka, and the U.S. CIS Office of Fraud Detection and National Security, Vermont and Newark Field Offices, with the investigation.

The government is represented by Assistant U.S. Attorney Ryan L. O’Neill of the U.S. Attorney’s Office’s Public Protection Unit in Newark.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

KC Man Sentenced to 15 Years for Illegal Firearm

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KANSAS CITY, Mo. – A Kansas City, Mo., man was sentenced in federal court today for illegally possessing a firearm. 

Charles E. Williams, 41, was sentenced by U.S. District Judge Roseann Ketchmark to 15 years in federal prison without parole. Williams was sentenced as an armed career criminal due to his prior felony convictions.

On March 20, 2018, Williams pleaded guilty to being a felon in possession of a firearm. Williams admitted that he was in possession of a loaded Norinco semi-automatic rifle on Aug. 7, 2015. Police officers had been called to the scene of a single-vehicle accident, which involved a Dodge Charger driven by Williams. When officers arrived, they were informed by members of the Kansas City Fire Department that Williams had been tossing items from the vehicle.

Williams refused to step away from the vehicle, and instead reached into the trunk and retrieved a red blanket, which he threw away from the vehicle. Officers ordered Williams to the ground; as they attempted to handcuff him, Williams became combative and resisted arrested. An officer utilized his Taser. At one point, Williams was able to stand up and began physically assaulting an officer by pulling at his traffic vest and kicking him several times in the leg. Several members of the fire department came to the aid of the officers. Williams was eventually arrested and placed in handcuffs.

The Norinco rifle was found inside the red blanket that Williams had taken from the trunk. When officers searched Williams, they found a small baggy that contained 1.13 grams of cocaine in his right pant pocket.

Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Williams has prior felony convictions for murder, armed criminal action, trafficking and three prior felony convictions for sale of a controlled substance.

This case was prosecuted by Assistant U.S. Attorneys Brad K. Kavanaugh and Emily A. Morgan. It was investigated by the Kansas City, Mo., Police Department.

Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Driver Who Fled Topeka Police Sentenced on Federal Gun Charge

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TOPEKA, KAN. – A driver who led Topeka police on a chase at more than 70 mph was sentenced today to 42 months in federal prison on a firearm charge, U.S. Attorney Stephen McAllister said.

Darryl Kevin Norwood, 30, Topeka, Kan., pleaded guilty to one count of unlawful possession of a firearm following a felony conviction. In his plea, Norwood admitted that instead of stopping at a DUI check lane he fled from police at speeds exceeding 70 mph. He hit another car and continued to flee on foot before being arrested. Police found a .380 caliber pistol on the floorboard of his car.

Norwood was prohibited from possessing a firearm because of prior felony convictions.

McAllister commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Greg Hough for their work on the case.

The case was prosecuted under the Department of Justice’s Project Safe Neighborhoods initiative.

Armed Felon Sentenced to Federal Prison

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TOPEKA, KAN. – A Hutchinson man with a felony conviction record was sentenced today to seven years in federal prison for a firearm violation, U.S. Attorney Stephan McAllister said.

Lucas Adam Wade Hall, 32, Hutchinson, pleaded guilty to one count of unlawful possession of a firearm by a felon. In his plea, he admitted that he was arrested with a Taurus 9 mm pistol, a Beretta 9 mm pistol and a Smith & Wesson .44 caliber revolver.

In April 2011, Hall was convicted in Reno County District Court of attempted kidnapping, aggravated intimidation of a witness and aggravated battery. In September 2014, he was convicted in Reno County District Court of aggravated assault.

This case was prosecuted as part of Department of Justice’s Project Safe Neighborhood, which targets armed offenders with a record of felony convictions.

McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Greg Hough for their work on the case.


KCK Woman Pleads Guilty In Mexican Methamphetamine Conspiracy

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KANSAS CITY, KAN. – A local woman pleaded guilty today to being part of a drug ring that distributed methamphetamine from Mexico in the Kansas City metro area, U.S. Attorney Stephen McAllister said.

Karen Ortega, 41, Kansas City, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine from premises in which children reside. In her plea, she admitted working out of her home in the 3000 block of North 34th Street in Kansas City, Kan., where she and her minor children lived. A search warrant at the residence turned up approximately 20 pounds of methamphetamine, 1.8 pounds of heroin and more than $230,000 in cash.

In her plea, she admitted federal investigators had her under surveillance when she met another conspirator in a Wal-Mart parking lot at 10824 Parallel Parkway and sold almost two pounds of methamphetamine for $4,500.

Sentencing is set for May 7. She faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Sheri Catania for their work on the case.

 

Raleigh Man Sentenced for Possession of a Firearm and Ammunition by a Felon

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NEW BERN– The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge Louise W. Flanagan sentenced TRAEJAN JAHAD BARNES, 19, of Raleigh to 33 months imprisonment followed by 3 years of supervised release. 

BARNES was named in an Indictment filed on June 6, 2018.  On October 18, 2018, BARNES pled guilty to one-count of Possession of a Firearm and Ammunition by a Felon.

On April 18, 2018, investigators with the Raleigh Police Department observed an individual in the left rear passenger seat of a vehicle driven by another man and BARNES was observed in the right rear passenger seat of the vehicle.  BARNES informed investigators that there was a firearm underneath him.  As BARNES moved across the back seat to exit the vehicle, a loaded Ruger LC9 semi-automatic handgun fell onto the floorboard and was recovered by investigators.  Further investigation determined that on March 15, 2018, the firearm was reported stolen in Wendell, North Carolina.  Moreover, investigators determined that BARNES is prohibited from possessing firearms and ammunition due to his prior felony convictions.

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.   Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted 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.

That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina.  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 case was investigated by the Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).  Assistant United States Attorney Daniel W. Smith prosecuted the case on behalf of the United States. 

Clermont Eye Doctors Agree To Pay Over $157,000 To Settle False Claims Act Liability For Improperly Billing Medicare

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Orlando, FL – United States Attorney Maria Chapa Lopez announces today that Dr. Craig D. Fishman and Dr. Jeffrey A. Sheridan have agreed to pay the United States a combined total of $157,312.32 to resolve allegations that they violated the False Claims Act by knowingly billing the government for mutually exclusive eyelid repair surgeries. Dr. Fishman and Dr. Sheridan are ophthalmologists who operate Fishman & Sheridan Eye Care Specialists.

The settlement relates to Dr. Fishman and Dr. Sheridan’s billing of two procedures, blepharoplasty and ptosis. Medicare identifies these procedures as mutually exclusive eyelid repair surgeries that usually should not be billed simultaneously. According to the settlement agreement, from April 11, 2011, through March 31, 2017, Dr. Fishman and Dr. Sheridan each regularly billed for simultaneously performing blepharoplasty and ptosis on patients and submitted those claims to the United States for reimbursement. 

“Protecting Medicare and other federal health care programs from fraud is a priority of the U.S. Attorney’s Office,” said U.S. Attorney Maria Chapa Lopez. “This settlement highlights our commitment to identifying doctors who do not follow the law.”

“Improperly billing for services to increase revenue burdens our healthcare system,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG). “Our agency will continue to investigate health care providers that seek to illegally boost profits at the expense of federal health care programs.”

The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by two whistleblowers—Dr. Michael Pennachio, a former partner of Drs. Fishman and Sheridan, and Sharon Drake, their former office manager. Dr. Pennachio and Ms. Drake sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting private citizens to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. Dr. Pennachio and Ms. Drake will receive $26,000 of the proceeds from the settlement with Dr. Fishman and Dr. Sheridan.

This settlement resulted from an investigation coordinated by Assistant U.S. Attorney Jeremy R. Bloor, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.

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).

The case is captioned United States ex rel. Michael Pennachio, M.D. and Sharon Drake v. Craig D. Fishman, M.D., and Jeffrey A. Sheridan, M.D., Case No. 5:17-cv-152-OC-34PRL. The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability.

 

Brockton Man Charged with Computer Fraud and Abuse

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BOSTON – A Brockton man was indicted today in federal court in Boston in connection with an August 2018 computer intrusion of a Massachusetts company.

Colby Anderson, 25, was indicted on one count of intentionally causing damage to a protected computer without authorization. In October 2018, Anderson was arrested and charged by complaint; he was released on conditions.

According to the charging documents, in July 2018, Anderson was terminated from his position as a Network Operations Center Technician at Blueport Wireless, a high speed internet access provider. Following his termination, Anderson subsequently used his former colleagues’ account login information to delete approximately 120 customer configuration profiles, causing widespread internet service issues at customer facilities.

The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000 or twice the gross gain or loss.  Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Cybercrimes Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

Ossipee Man fined and Placed on Probation for Providing False Information in an Effort to Obtain Fishery Disaster Relief Funds

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            CONCORD – Dave Bardzik, 56, of Ossipee, was sentenced to 18 months of probation and fined $2,500 for making a false statement in an effort to obtain fishery disaster relief funds, United States Attorney Scott W. Murray announced today.

             In late October 2012, Hurricane Sandy devastated the Atlantic coast of the United States.  In addition to causing widespread property damage, the storm had substantial impacts on the New England fishing industry.   Pursuant to the Magnuson-Stevens Act, the Secretary of Commerce declared a fishery disaster and Congress approved fishery disaster relief funds.  Operators of both commercial and “for hire” vessels in New Hampshire were provided information about how to apply for a share of those funds.  Required criteria included that “for hire” vessels, like Bardzik’s, must have taken at least 15 trips in three of the previous four years in which at least one New England groundfish species was harvested.

            According to court documents and statements made in court, Bardzik submitted several false and/or altered records to the New Hampshire Fish and Game Department in June 2015 in an attempt to qualify for the allotted funds.   Investigators immediately noted discrepancies between the June 2015 submission and the previous, contemporaneous records Bardzik had completed in 2013.  When confronted by investigators, Bardzik admitted that he created the false and/or altered records because he would otherwise not have qualified for funds.   

            Bardzik previously pled guilty on October, 30, 2018.

            “When the federal government spends money for disaster relief, the funds should only go to those who have been true victims of the disaster,” said U.S. Attorney Murray.  “Those who seek to cheat the system should understand that there will be substantial consequences for their criminal conduct.”

            “This is a real win for the commercial fisherman of New Hampshire,” said Lieutenant Michael Eastman, District Chief of the Seacoast region for New Hampshire Fish and Game. “This investigation was a cooperative effort between New Hampshire Fish and Game and NOAA Office of Law Enforcement, and shows the importance of the Joint Enforcement Agreement outside of the daily dockside enforcement.”

            This matter was investigated by the National Oceanic and Atmospheric Administration’s Office of Law Enforcement with assistance from the New Hampshire Fish and Game Department.    The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.

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South Florida Pain Management Doctor Convicted of 11 Counts of Illegally Dispensing Opioid Drugs

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Dr. Jeanne E. Germeil, 55, of Aventura, Florida was convicted by a federal jury, on January 31, 2019, of eleven counts of dispensing controlled substances, opioid pain medications, without a legitimate medical purpose.

U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida and Special Agent in Charge Adolphus P. Wright of the U.S. Drug Enforcement Administration (DEA), Miami Field Division made the announcement.

“Physicians, such as Dr. Jeanne Germeil, who dispense pain medications without a legitimate medical purpose fuel the opioid epidemic,” stated U.S. Attorney Fajardo Orshan.  “The U.S. Attorney’s Office and our law enforcement partners will continue to prosecute those medical professionals who seek to profit off of a public health crisis.”

“Dr. Germeil’s conviction clearly illustrates the consequences of what could happen when medical professionals misuse their authority and dispense narcotics illegally,” said DEA Special Agent in Charge Adolphus P. Wright.  “The DEA remains committed to working with our law enforcement partners to rid our communities of these rogue medical professionals who have violated the trust of many.”

According to evidence admitted at trial, Dr. Germeil ran Germeil Medical, Inc., a family medicine and pain management clinic, in North Miami Beach, Florida. Beginning in or around March 2016 and continuing through November 2017, Dr. Germeil prescribed controlled opioid pain medication to patients.  The true and intended purpose of the consultations was to improperly issue prescriptions to patients for opioids, such as Hydromorphone, Oxycodone, and Oxycodone-Acetaminophen, in exchange for cash, cash co-pays, and other payments.  Pursuant to Dr. Germeil’s instructions, office staff were required to obtain an MRI from patients to create a façade of legitimacy before an office consult.  After passing the gate-keeping function, Dr. Germeil prescribed opioids at levels consistent with treating end of life, cancer, and terminally ill patients and maintained those prescription levels throughout the duration of the patient visits.

Between February 1, 2016 and September 26, 2017, Dr. Germeil wrote 13,759 prescriptions to patients for 1,458,727 units of Hydromorphone, Oxycodone, and/or Oxycodone-Acetaminophen. Dr. Germeil was not providing a medically meaningful consultation but was in fact acting outside the scope of her professional practice and without legitimate medical purpose.  

Dr. Germeil is scheduled to be sentenced by U.S. District Judge Ursula M. Ungaro on April 9, at 2:00 p.m. in Miami.

U.S. Attorney Fajardo Orshan commended the investigation conducted by the DEA and the Aventura Police Department, City of Miami Police Department, Miami-Dade Police Department, Miami Gardens Police Department, North Miami Beach Department and Florida Department of Health’s Prescription Drug Monitoring Program, E-FORCSE.  This case is being prosecuted by Assistant U.S. Attorneys Andy R. Camacho and Kurt Lunkenheimer of the Southern District of Florida. 

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.

South Florida Resident Convicted of $100 Million International Fraud Scheme that Led to Collapse of One of Puerto Rico’s Largest Banks

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A Key Biscayne, Florida resident was found guilty yesterday by a federal jury for his role in a $100 million scheme to defraud Westernbank of Puerto Rico (Westernbank); the losses triggered a series of events leading to Westernbank’s insolvency and ultimate collapse.  The defendant was also convicted of a $3 million scheme to defraud Mellon United National Bank of Miami (Mellon Bank). 

U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG), Special Agent in Charge Michael J. De Palma of IRS Criminal Investigation (IRS-CI) for Miami and Puerto Rico, Special Agent in Charge Iván J. Arvelo of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in San Juan and Special Agent in Charge Douglas A. Leff of the FBI’s San Juan, Puerto Rico Field Office made the announcement. 

Jack Kachkar, 55, was convicted of eight counts of wire fraud affecting a financial institution after a three-week trial before U.S. District Judge Donald L. Graham of the Southern District of Florida.  Kachkar is scheduled to be sentenced by Judge Graham on April 30, 2019.  

“Jack Kachkar’s fraud caused substantial harm to the 1,500 employees of Westernbank and the people of Puerto Rico,” said U.S. Attorney Fajardo Orshan. “The U.S. Attorney’s Office remains committed to the prosecution of those individuals and corporations that use Miami and other South Florida communities as their base to operate multinational fraud schemes.”

“Jack Kachkar engineered a massive fraud scheme that led directly to the failure of a major Puerto Rican bank with more than 1,500 employees,” said Assistant Attorney General Benczkowski.  “I want to commend the prosecutors and our law enforcement partners for their tireless work investigating this complex case and holding the defendant to account for these crimes.”

“Today’s verdict holds the defendant accountable for orchestrating fraudulent schemes that resulted in more than $100 million in losses to insured institutions and the FDIC as receiver,” said Inspector General Lerner.  “The FDIC Office of Inspector General remains committed to investigate cases of deception and swindles that undermine the integrity of financial institutions, and we will continue to work with our law enforcement partners to bring to justice those who commit such offenses.”

“IRS Criminal Investigation will always pursue investigations like this where Mr. Kachkar, for his own personal benefit, orchestrated such a large scheme at the expense of one of Puerto Rico’s largest banks and its 1,500 employees,” said IRS-CI Special Agent in Charge De Palma.  “This investigation shows that the appearance of success can be a mask for a tangled financial web of lies, and we are proud to be part of the prosecution team that is bringing Mr. Kachkar to justice.”

“HSI San Juan will continue working with our local, state and federal partners to investigate and prosecute these types of cases as well as those involving violations to the more than 400 federal statutes that we investigate, “ said HSI Special Agent in Charge Arvelo.  “This man was responsible for one of the largest fraud schemes ever recorded in the banking business in Puerto Rico and he will pay the consequences.”

“This defendant’s greed was powerful enough to destroy a bank, taking with it the jobs of approximately 1,500 hard working citizens of Puerto Rico,” said FBI Special Agent in Charge Leff.  “The FBI thanks the US Attorney’s Office for sending an equally strong message that most fraud schemes will eventually lead to a prison cell.”

According to evidence presented at trial, from 2005 to 2007, Kachkar served as chairman and CEO of Inyx Inc., a publicly traded multinational pharmaceutical manufacturing company.  Beginning in early 2005, Kachkar caused Westernbank to enter into a series of loan agreements in exchange for a security interest in the assets of Inyx and its subsidiaries.  Under the loan agreements, Westernbank agreed to advance money based on Inyx’s customer invoices from “actual and bona fide” sales to Inyx customers, the evidence showed. 

The trial evidence showed that Kachkar orchestrated a scheme to defraud Westernbank by causing numerous Inyx employees to make tens of millions of dollars worth of fake customer invoices purportedly payable by customers in the United Kingdom, Sweden and elsewhere.  Kachkar caused these invoices to be presented to Westernbank as valid invoices.   Kachkar made false and fraudulent representations to Westernbank executives about purported and imminent repayments from lenders in the United Kingdom, Norway, Libya and elsewhere in order to lull Westernbank into continuing to lend money to Inyx, the evidence showed.  In fact, these lenders had not agreed to repay Westernbank’s loan.  Kachkar made false and fraudulent representations to Westernbank executives that he had additional collateral, including purported mines in Mexico and Canada worth hundreds of millions of dollars, to induce Westernbank to lend additional funds, the evidence showed.  In fact, this additional collateral was worth barely a fraction of that represented by Kachkar.

During the course of the scheme, Kachkar caused Westernbank to lend approximately $142 million, primarily based on false and fraudulent customer invoices.  The evidence showed that the defendant diverted tens of millions of dollars for his own personal benefit, including for the purchase of, among other things, a private jet, luxury homes in Key Biscayne and Brickell, Miami, luxury cars, luxury hotel stays, and extravagant jewelry and clothing expenditures. 

In or around June 2007, Westernbank declared the loan in default and ultimately suffered losses exceeding $100 million on the Inyx loans.  According to trial evidence, these losses later triggered a series of events leading to Westernbank’s insolvency and ultimate collapse.  At the time of its collapse, Westernbank had approximately 1,500 employees and was one of the largest banks in Puerto Rico.

In addition, the evidence showed, Kachkar knowingly deposited a $3 million check at Mellon Bank from the purported sale of his private jet.  At the time of its deposit, based on the evidence presented, Kachkar knew that the check was worthless.  In fact, the defendant agreed to sell his plane to a different buyer.   After receiving a provisional credit for the check from Mellon Bank, the defendant wired out all of the provisional credit, including a $1 million wire to Kachkar’s personal account in Canada.  Upon Mellon Bank’s request to reverse this $1 million wire, Kachkar refused to do so, resulting in at least a $1 million loss to Mellon Bank, the evidence showed. 

This matter was investigated by the FDIC-OIG, IRS-CI, HSI and FBI.  The case is being prosecuted by Assistant U.S. Attorney Michael N. Berger of the Southern District of Florida and Trial Attorney Michael O’Neill of the Criminal Division’s Fraud Section.

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.


EDPA Announces 2018 Affirmative Civil Enforcement Achievements

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PHILADELPHIA, PA – United States Attorney William M. McSwain today announced calendar year 2018 affirmative civil enforcement (ACE) achievements by the U.S. Attorney’s Office Civil Division.  As the 2018 achievements demonstrate, the Eastern District of Pennsylvania (EDPA) continues to have one of the busiest and most prolific Civil Divisions in the country.

For calendar year 2018, the EDPA Civil Division recovered over $115.5 million in settlements and judgments from civil cases involving fraud against the government.  These matters originated largely from qui tam, or whistleblower filings and agency referrals.  Of that amount, over $108 million resulted from False Claims Act (FCA) cases, largely from those alleging healthcare fraud violations.  Whistleblowers recovered over $18 million from these resolutions.  During the same calendar year, EDPA opened a record-setting number of ACE investigations into alleged fraud on the government, Controlled Substances Act violations, and civil rights violations.

“We sincerely thank the whistleblowers and their counsel who have brought these matters to the attention of the United States.  Without the willingness of relators to shed light on allegations of fraud, preserving government program funds would be far more challenging.  Their efforts played a vital role in the resolution of these cases,” said U.S. Attorney McSwain. 

“We also thank our federal law enforcement partners, including the U.S. Department of Health and Human Services Office of the Inspector General, the Defense Criminal Investigative Service, the Drug Enforcement Administration, the U.S. Office of Personnel Management Office of the Inspector General, the U.S. Postal Inspection Service, and the Railroad Retirement Board Office of the Inspector General.  The agency support and dedication in these matters is critical to the success of our civil enforcement.”   

“We plan to build on these achievements in 2019,” continued U.S. Attorney McSwain.  “I anticipate that the newly created ACE Strike Force will help us realize even greater success this year.”  In August 2018, the U.S. Attorney formed the ACE Strike Force.  It consists of five Assistant U.S. Attorneys within the Civil Division who focus their efforts on ACE work.  Its mission is to pursue complex fraud investigations, including FCA whistleblower cases, combat the opioid crisis through civil enforcement, and enforce federal civil rights statutes.  

 “The Civil Division will continue to build its robust pipeline of ACE cases, and we have every reason to expect to see a large number of complex whistleblower filings under the False Claims Act and agency referrals,” said U.S. Attorney McSwain.  “I expect ongoing ACE success, reflecting the identification and targeting of specific ACE areas including government fraud, Controlled Substances Act enforcement, and civil rights enforcement.”

            The following are significant calendar year 2018 achievements:[1]

FCA Healthcare Fraud Settlements

  • HMA.  In this qui tam against Health Management Associates (HMA), its hospitals Lancaster Regional and Heart of Lancaster, and the physicians group Physicians Alliance Ltd. (PAL), EDPA and DOJ negotiated a large, multi-district $260 million settlement involving medically unnecessary hospital admissions and kickbacks to doctors.  The kickback methods included:  physicians participating in whole-hospital joint ventures of HMA facilities, physicians receiving excessive compensation, physicians receiving bogus co-management fees, and physicians receiving bogus medical directorship fees.  The settlement amount is $55 million for the joint venture piece of the litigation arising out of EDPA, with a global settlement of $260 million for eight qui tams filed in five districts.  https://www.justice.gov/usao-edpa/pr/national-hospital-chain-will-pay-over-260-million-resolve
     
  • Abbott.  Abbott Laboratories and AbbVie Inc. (“Abbott”) agreed to pay $25 million to resolve allegations that it employed kickbacks and unlawful methods of off-label marketing and promotion to induce physicians to prescribe the drug TriCor,® a blockbuster cholesterol reducing drug that was promoted for use in conjunction with other cholesterol lowering medications.  https://www.justice.gov/usao-edpa/pr/abbott-laboratories-and-abbvie-inc-pay-25-million-resolve-false-claims-act-allegations
     
  • Coordinated Health and Emil DiIorio, M.D.  Coordinated Health Holding Company, LLC (“Coordinated Health”) and its founder, principal owner, and Chief Executive Officer, Emil DiIorio, M.D., agreed to settle allegations that they abused billing modifiers to unbundle surgery codes resulting in false claims submitted to federal health care programs.  Coordinated Health agreed to pay $11.25 million and DiIorio agreed personally to pay $1.25 million, for total settlement of $12.5 million.  Coordinated Health has also entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services that will require regular monitoring of its billing practices for five years.  https://www.justice.gov/usao-edpa/pr/coordinated-health-and-ceo-pay-125-million-resolve-false-claims-act-liability
     
  • SouthernCare.  SouthernCare, Inc., a hospice care provider, agreed to pay $5,863,426 to the federal government to resolve allegations that the company submitted false claims to Medicare for hospice care that was medically unnecessary or lacked documentation.  In their qui tam complaints, the whistleblowers alleged that SouthernCare provided hospice care to patients who were not eligible under the Medicare program.  https://www.justice.gov/usao-edpa/pr/hospice-care-provider-pays-nearly-6-million-resolve-false-claims-act-allegations
     
  • I&L Express Pharmacy.  I&L Express Pharmacy and its owners agreed to pay $3.2 million to the federal government to resolve allegations that they submitted false claims to Medicare for prescription medications that were not actually dispensed during a six-year period.  Significantly, they also agreed to enter into an integrity agreement that requires them to undertake substantial compliance obligations and to contract with an Independent Review Organization that will conduct quarterly audits of their Medicare and Medicaid claims and drug inventory.  https://www.justice.gov/usao-edpa/pr/pharmacy-owners-agree-pay-32-million-resolve-false-claims-case
     
  • Community Health Clinics / Dr. Melchor Martinez. In this case, EDPA filed a complaint in intervention of a qui tam alleging that Martinez had been excluded from participating in all federally funded healthcare programs, but had nonetheless continued to own and operate community mental health clinics that billed Medicaid and Medicare.  The complaint also alleged widespread fraud in billing for mental health services, billing for services provided by unqualified individuals, and falsifying credentials.  https://www.justice.gov/usao-edpa/pr/civil-complaint-alleges-fraud-operators-community-mental-health-clinics  The district court entered a $3 million consent judgment on October 18, 2018, which required the defendants to shut down their remaining Medicare business and for significant periods of exclusion from participation in federally funded healthcare programs for the defendants. https://www.justice.gov/usao-edpa/pr/united-states-obtains-3-million-consent-judgment-and-federal-healthcare-exclusions-0
     
  • Bromedicon. Marshfield Medical, Inc., formerly known as Bromedicon, Inc., agreed to pay $550,000 to resolve a qui tam lawsuit’s allegations that Bromedicon submitted false claims to Medicare and other federal healthcare programs for failing to provide a qualified interpreting physician to monitor each surgery for which it purportedly provided remote Intraoperative Neurophysiological Monitoring.  https://www.justice.gov/usao-edpa/pr/intra-operative-monitoring-company-agrees-pay-550000-settle-false-claims-act-claims
     
  • Dr. Banka.  Vidya Banka, MD agreed to pay a civil penalty of $126,617 and to a five-year term of exclusion from all federal healthcare programs to settle allegations that he improperly submitted Medicare claims for unnecessary cardiac stent procedures.  The University of Pennsylvania Health System (“UPHS”), which owns Pennsylvania Hospital, brought the matter to the United States’ attention through a voluntary self-disclosure.  The United States then continued to investigate Dr. Banka. https://www.justice.gov/usao-edpa/pr/united-states-resolves-claims-philadelphia-cardiologist-billed-medicare-unnecessary
     
  • Rosenbaum.  A personal injury law firm, Rosenbaum & Associates, and its principal, Jeffrey Rosenbaum, Esq., agreed to pay $28,000 to resolve allegations that they failed to reimburse the United States for certain Medicare payments the government had previously made to medical providers on behalf of firm clients who sought medical care.  The government’s investigation arose under the Medicare Secondary Payer provisions of the Social Security Act.  Rosenbaum also agreed to (1) designate a person at the firm responsible for paying Medicare secondary payer debts; (2) train the designated employee to ensure that the firm pays these debts on a timely basis; and (3) review any outstanding debts with the designated employee at least every six months to ensure compliance.  https://www.justice.gov/usao-edpa/pr/philadelphia-personal-injury-law-firm-agrees-start-compliance-program-and-reimburse

 

Controlled Substances Act Enforcement

  • Passavant/PDC.  Arising from a voluntary self-disclosure, Passavant Memorial Homes, and its subsidiaries Passavant Development Corporation, PDC Pharmacy Philadelphia, PDC Pharmacy Pittsburgh, and PDC Pharmacy Colorado, paid the United States $1,850,000 to resolve allegations that it dispensed controlled substances to patients without a valid prescription in violation of the Controlled Substances Act and FCA.  This matter also involved two additional disclosures in coordination with the District of Colorado and the Western District of Pennsylvania.  The U.S. Attorney’s Offices worked in close collaboration with each other, HHS, DEA, and Medicaid Fraud Control Units from all three districts to obtain the resolution in this case. https://www.justice.gov/usao-edpa/pr/passavant-memorial-homes-pay-185-million-resolve-allegations-improperly-dispensing
     
  • Dr. Stephen Latman.  This civil complaint resulted in a first-of-its-kind consent decree against a physician who had been allegedly overprescribing opioids for years.  According to the complaint, Dr. Latman issued 343 opioid prescriptions to three of his patients that lacked a legitimate medical purpose and were issued outside of the usual course of his professional practice.  Dr. Latman entered into a Stipulated Order and Consent Judgment, requiring him to pay $400,000 to the United States, prohibiting him from ever seeking a future DEA controlled substance license, requiring him to voluntarily relinquish his license to practice medicine, and requiring him to execute an agreement with the U.S. Department of Health and Human Services to be excluded from Medicare, Medicaid, and all other federal health care programs. https://www.justice.gov/usao-edpa/pr/united-states-files-suit-against-reading-area-physician-opioid-prescribing
     
  • Stephen Humbert, D.O. and Raymond Ferraro, P.A. These medical providers agreed to pay $112,500 to resolve allegations for improperly prescribing opioids to one of their former patients.  Additional conditions of compliance with the DEA required regular reporting of their prescriptions for controlled substances and new policies for their opioid patients. https://www.justice.gov/usao-edpa/pr/two-healthcare-providers-agree-pay-over-100000-settle-civil-claims-improper-opioid

 

FCA Procurement/Grant Fraud Settlements:

 

  • Scholars in Print.  EDPA filed a civil complaint alleging that Scholars in Print and its owners, John Paul Ryan and Mary Motz Ryan, violated the FCA by shipping unordered textbooks to the Federal Bureau of Prisons and demanding payment, in conjunction with a motion asking the court to enter a stipulated order and consent judgment to resolve the matter.  The defendants will pay a civil penalty of $75,689 for submitting false claims.  They will also refrain from marketing products to any federal agency through unsolicited communications or telemarketing. https://www.justice.gov/usao-edpa/pr/bucks-county-couple-and-telemarketing-firm-agree-pay-penalty-resolve-false-claims-act

 

FCA Benefits Fraud Settlements:

Richard Cundari. A former Railroad Retirement Board employee resolved civil fraud claims under the FCA for $307,500 concerning allegations that he applied for and received occupational disability annuities that he was ineligible to receive due to income earnings in excess of the applicable limits. https://www.justice.gov/usao-edpa/pr/doylestown-man-pay-307500-resolve-civil-false-claims-allegations-he-illegally-received

 

[1]The civil claims resolved by settlement are allegations only, and there has been no determination of liability.

 

Tyler County woman indicted on threat charges

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WHEELING, WEST VIRGINIA – Taryn Corinne Henthorn, of Middlebourne, West Virginia, was indicted by a federal grand today on threat charges, United States Attorney Bill Powell announced.

Henthorn, age 25, was indicted on three counts of “Threatening to Kill the President of the United States.” Henthorn is accused of threatening on Facebook and elsewhere to kill President Donald Trump in January 2019 in Tyler County.

Henthorn faces 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. Attorney Randolph J. Bernard is prosecuting the case on behalf of the government. The United States Secret Service investigated.

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
 

Hancock County man indicted on drug and firearms charges

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WHEELING, WEST VIRGINIA – Lavel L. Hicks, of Weirton, West Virgnia, was indicted by a federal grand today on drug and firearms charges, United States Attorney Bill Powell announced.

Hicks, age 43, was indicted on two counts of “Distribution of Cocaine Base,” four counts of “Distribution of Cocaine Hydrochloride,” and one count of “Unlawful Possession of a Firearm.” Hicks is accused of distributing the drugs in November and December 2017 and December 2018 in Brook and Hancock Counties. Hicks, having previously been convicted or murder in the second degree in Brooke County Circuit Court, is also accused of possessing a 9mm pistol.

Hicks faces up to 20 years incarceration and a fine of up to $1,000,000 for each drug count, and he faces up to 10 years incarceration and a fine of up to $250,000 for the firearms 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. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

Man Sentenced to Prison for Role in Multiple Robberies

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RICHMOND, Va. – A Chester man was sentenced today to 15 years for participating in the robbery of three convenience stores and the attempted robbery of another convenience store.

According to court documents, Devin VanGundy, 24, and his co-defendants were involved in a string of armed robberies and an attempted robbery at various gas stations and convenience stores located in the areas of Chesterfield County and Richmond during March 2018. In each of the robberies and attempted robbery, VanGundy provided the firearm for his accomplice to use, and acted as a getaway driver. The accomplice, in all the robberies, brandished VanGundy’s firearm, placing the store clerks in fear for their lives. 

This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and MaryJo Thomas, Acting Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by United States District Judge John A. Gibney, Jr. Assistant U.S. Attorney Peter S. Duffey 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. 3:18-cr-88.

Convicted Felon Sentenced to Prison for Possessing a Firearm

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RICHMOND, Va. – A Richmond man was sentenced today to seven years in prison for possession of a firearm by a convicted felon. 

According to court documents, Timothy Cureton, 27, possessed a firearm in a Facebook live video posted to his Facebook account on Jan. 25, 2018. In the video, which was discovered by the Richmond Police Department, Cureton held a brown Glock handgun with an extended magazine. 

Officers suspected that Cureton stayed at an apartment in Creighton Court. Just five days later, on Jan. 30, 2018, officers received information that individuals were storing illegal narcotics at an apartment in Creighton Court. Officers went to the apartment and upon entering the residence observed drug paraphernalia. After officers obtained a search warrant for the residence, they discovered two firearms in a bedroom closet. One of those firearms was a brown Glock handgun, consistent with the firearm Cureton displayed in the Facebook live video. Inside the same bedroom of the residence, officers located Cureton’s social security card and a document with Cureton’s name on it.

This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge John A. Gibney. Assistant U.S. Attorney Heather H. Mansfield 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. 3:18-cr-108.

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