Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Michael Don Robertson, 67, an Anchorage physician, pleaded guilty today before U.S. District Judge Ralph R. Beistline, to one count of conspiracy to commit controlled substance fraud and one count of health care fraud.  Robertson knowingly and intentionally distributed controlled substances outside the usual course of professional practice and without a legitimate medical purpose. 

According to court documents, from May 2015 to March 2018, Robertson issued 465 prescriptions of meperidine to 30 different recipients, totaling 32,109 meperidine pills, knowing that the recipients did not truly need the medication for a legitimate medical purpose.  The investigation revealed that Robertson issued the meperidine prescriptions as part of a conspiracy in which the recipients filled the meperidine prescriptions and, then, distributed the meperidine to Robertson.  In exchange for the recipients diverting the meperidine to Robertson, Robertson provided prescriptions for controlled substances, including fentanyl and oxycodone, to the recipients.  Meperidine, commonly known as Demerol, is a Schedule II controlled substance, and is an opioid with an abuse liability similar to morphine. 

The investigation further revealed that Robertson failed to make and preserve accurate records regarding approximately 790 prescriptions for controlled substances, and failed to keep any medical records whatsoever regarding five patients to whom he wrote prescriptions for controlled substances.  In a scheme to obtain money from Medicaid, Robertson caused claims to be submitted to Medicaid regarding these 790 prescriptions, resulting in Medicaid paying $3,286.87 to Robertson’s medical practice.  Further, Medicaid paid $3,601.52 to pharmacies for these 790 controlled substance prescriptions. 

“The diversion of prescription drugs is a significant cause of the opioid crisis,” said U.S. Attorney Schroder.  “It is especially disappointing when the pills are diverted from appropriate medical use by physicians – those we trust to protect the health of the public.  The U.S. Attorney’s Office, along with our partners in the DEA, will do our job to protect the public by investigating and prosecuting all violators.”

The sentencing hearing has been scheduled for Oct. 25, 2019, in Anchorage.  Robertson faces a maximum sentence of up to 10 years in prison and a fine of up to $250,000, or both, on the charges.  Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant. 

The Drug Enforcement Administration (DEA) conducted the investigation leading to the charges in this case.  This case is being prosecuted by Assistant U.S. Attorney Jonas M. Walker.

Assistant U.S. Attorney Nicholas W. Pilchak (619) 546-9709

NEWS RELEASE SUMMARY– July 31, 2019

SAN DIEGO – An Imperial Beach man admitted today to embezzling $117,305 from vulnerable older account holders at the credit union where he worked as a teller. 

Samuel Davalos, Jr. pleaded guilty to one count of bank fraud during a hearing this morning before U.S. Magistrate Judge Barry M. Kurren.

Davalos, 28, was employed as a teller at Point Loma Credit Union (PLCU) from July 2017 to March 2019, according to his plea agreement.  Using his account access, Davalos defrauded PLCU and its members by processing unauthorized withdrawals from members’ accounts, and creating unauthorized checks and other instruments paid to himself and his accomplices.  Davalos admitted in his plea agreement to recruiting three other individuals to assist with his scheme by depositing checks drawn on his victims’ accounts.

Davalos also acknowledged that he selected his victims because of their age and vulnerability, targeting older PLCU members because he believed them less likely to notice the fraud. 

In sum, Davalos stole $117,305 from four different PLCU members over a period of months.  PLCU reimbursed all of the members for their losses.  Davalos has agreed to pay restitution to PLCU for its losses, and to forfeit the contents of two frozen PLCU accounts, which hold a portion of his ill-gotten gains.

“This defendant used his position of trust to exploit elderly victims because he believed they would be easy to fool,” said U.S. Attorney Robert Brewer. “But this office was not fooled. We are dedicated to protecting the community from fraudsters and the defendant will pay a price for taking advantage of these seniors.”

“The Secret Service San Diego Field Office is committed to aggressively investigating financial crimes cases, especially those that target our most vulnerable citizens,” said Special Agent in Charge James E. Anderson Jr. – U.S. Secret Service San Diego Field Office.  “I would like to thank the San Diego Police Department and Customs and Border Protection for their partnership and cooperation in this case.”

Davalos is scheduled to be sentenced on November 12, 2019 at 9:00 a.m., before U.S. District Judge Larry Alan Burns.

DEFENDANT                       Case Number 19-cr-2267-LAB

Samuel Davalos, Jr.                Imperial Beach, CA                Age: 28

SUMMARY OF CHARGES

Bank Fraud – Title 18, U.S.C., Section 1344

Maximum penalty: Thirty years in prison, $1 million fine (or twice the pecuniary gain or loss), restitution and forfeiture.

AGENCIES

U.S. Secret Service

ALBANY– Two defendants with lengthy criminal histories involved in separate felony gun cases in the Valdosta, Georgia area entered guilty pleas for their crimes this afternoon, announced Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. Clifford Timothy Bradley, II, 38, of Valdosta, Georgia, and Paul A. Bradford, 48, of Lakeland, Georgia, entered guilty pleas to one count of Possession of a Firearm by a Convicted Felon before U.S. District Judge Louis Sands. Both defendants face a maximum sentence of ten years in prison and a $250,000.00 fine, or both. The defendants will be sentenced on October 24, 2019 at 3:00 p.m.

According to a statement of fact submitted by the Government, Mr. Bradley was pulled over for speeding in a Valdosta residential area on August 17, 2018. Mr. Bradley was taken into custody, and Lowndes County deputies discovered a loaded semi-automatic pistol in the center console. Mr. Bradley has three prior felony convictions in Lowndes County, including pleading guilty to a 2006 robbery for which he was imprisoned. Mr. Bradley admitted he knew at the time of his 2018 arrest that he was illegally in possession of a firearm.

According to a statement of fact submitted by the Government, Mr. Bradford was arrested at his home in Lakeland, Georgia on July 18, 2018 during the service of an arrest warrant for another individual living in his home. Deputies discovered a 12-gauge shotgun, and Mr. Bradford admitted that the firearm belonged to him, and that he was in possession of it illegally. Mr. Bradford had prior felony convictions in Lanier County Superior Court, including a 1990 Burglary and Theft by Taking conviction and a 1998 Statutory Rape conviction.

“Our office remains relentless in its pursuit to remove guns from the hands of convicted felons with violent criminal histories,” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. “We are working alongside law enforcement agencies across the Middle District to curb violent crime, and holding felons accountable for illegally possessing dangerous weapons is a common-sense approach to meeting our shared goal.”

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

Mr. Bradley’s case was investigated by the Lowndes County Sheriff’s Office.  Mr. Bradford’s case was investigated by the Federal Bureau of Investigation and the Lanier and Berrien County Sheriff’s Offices. Both cases were prosecuted by Assistant U.S. Attorney Robert McCullers.

Questions concerning this case can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.

            CONCORD - Jamie Ervin, 49, of Springfield, Massachusetts was sentenced on Wednesday to 27 months in prison for bank fraud and identity theft, United States Attorney Scott W. Murray announced today.

            According to court documents and statements made in court, between approximately September 21, 2017 and January 20, 2018, Ervin entered a number of different bank branches and made a number of withdrawals from at least 14 people’s bank accounts.  For each transaction, Ervin used customers’ bank account numbers and false drivers’ licenses that contained the bank customers’ personal identifying information and Ervin’s photograph.  In total, Ervin withdrew approximately $106,000 and attempted to withdraw an additional $31,200 from other persons’ bank accounts.           

            Ervin previously pleaded guilty on January 19, 2019.         

            “Fraud and identify theft crimes cause serious harm to individuals as well as financial institutions,” said U.S. Attorney Murray.  “In order to deter this criminal conduct, we will work closely with our law enforcement partners to prosecute fraudsters who commit fraud and identity crimes.”

            This matter was investigated by the United States Postal Inspection Service and was prosecuted by Special Assistant U.S. Attorney Matthew T. Hunter.         

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Tupelo, Miss. –   A total of eight individuals are behind bars today following their arrest by federal, state and local law enforcement officers on federal drug trafficking and weapons charges in North East Mississippi. The FBI together with the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Attorney’s Office and Tupelo Police Department announced that the arrests were made on Tuesday and Wednesday following an extensive multi-year, multi-agency investigation.

The eight individuals currently in custody on federal drug trafficking charges include:

• Jeremy Mairidith, age 38, of Tupelo;
• Eiko T. Jones, age 42, of Waukegun, Illinois;
• Fernando Gonzalez, age 24, of Turlock, California;
• Stefanie K. Johnson, age 30, of Tupelo;
• Dmitri R. Kimble, age 35, of Atlanta, Georgia;
• Samuel Wilson, III, age 30, of Shannon;
• Desmonya Lewis, age 29, of Saltillo;
• Andraea Stovall, age 36, of Corinth.

In addition to drug trafficking charges, Mairidith, Johnson, and Wilson all face federal firearms charges.

Mairidith, Jones, and Gonzalez were first arrested on state drug trafficking charges on May 18, 2019, and have been held in custody since their arrest. On July 23, 2019, Mairidith first appeared in court on related federal drug trafficking charges. Mairidith appeared in court with his defense counsel on Monday for arraignment and a detention hearing on a federal indictment alleging that he was the head of a drug trafficking organization responsible for distributing methamphetamine and marijuana for multiple years in North Mississippi.  After hearing testimony, U.S. Magistrate Judge Roy Percy ordered that Mairidith be detained without bond pending trial. 

Jones and Gonzalez are scheduled to make their first appearance on the federal indictment on August 19. The remaining subjects are scheduled to appear on the indictment before a United States Magistrate Judge in the Northern District on Mississippi later this week.  In addition, law enforcement officials indicated today that they expect additional arrests in this case in the near future.

The case was investigated by the FBI Jackson Division’s Oxford Resident Agency and the Bureau of Alcohol, Tobacco, Firearms and Explosives as a part of the Organized Crime Drug Enforcement Task Force (OCDETF) and Project Safe Neighborhoods programs, in partnership with state and local law enforcement.  Agencies assisting with the investigation were the Tupelo Police Department, Lee County Sheriff’s Office, Corinth Police Department, Alcorn County Sheriff’s Office, United States Attorney’s Office for the Northern District of Mississippi, Mississippi Highway Patrol, Mississippi Bureau of Narcotics, North Mississippi Narcotics Unit, DEA, United States Postal Inspection Service, Mississippi Department of Corrections and the United States Marshals Service.

Following the arrests, Tupelo Police Chief Bart Aguirre emphasized the importance of this investigation, and praised the joint law enforcement efforts.  “The combination of illegal narcotics and illegal weapons leads to violence in our communities. Tupelo Police Officers are constantly working to break this cycle of violence and a key part of our strategy is targeting these dealers who prey on our citizens,” remarked Aguirre.  “I am proud of the men and women of our department who put themselves at risk on a daily basis pursuing individuals who engage in narcotics and weapons related crimes.  We at TPD are also honored to work with other partner agencies at the local, state and federal level.  It is only through these partnerships that we can be successful.”

Like Chief Aguirre, representatives from ATF reiterated their agency’s commitment to apprehending armed individuals who commit crimes in North Mississippi.  “ATF, along with our federal, state, and local law enforcement partners will continue to focus our efforts on removing armed violent criminals from our streets,” said ATF New Orleans Field Division Assistant Special Agent in Charge William McCrary. "ATF and our partners remain committed to pursuing and bringing to justice those who seek to disrupt communities and harm law abiding citizens.”

The FBI likewise indicated its commitment to coordinated efforts like the instant one.  FBI Special Agent in Charge Michelle A. Sutphin remarked:  “The FBI’s commitment to our law enforcement partnerships and to the community continues to be at the forefront of our mission to keep our neighborhoods safe.”

U.S. Attorney William C. Lamar praised all of the agencies involved in the operation and the law enforcement initiatives that helped make this joint investigation possible.  “As a part of Project Safe Neighborhoods and the OCDETF program, we are working closely with local, state and federal partners to apprehend violent armed offenders and to insure that our communities and streets are safer.  We are committed to doing everything in our power to facilitate joint investigations and enforcement efforts like the one in this case so that those who choose to deal drugs or victimize others will be held accountable for their actions.”

The case is being prosecuted by AUSA Chad Doleac.

All charges are merely an accusation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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BOSTON – A Brazilian national was sentenced yesterday in connection with sending a letter to U.S. Citizenship and Immigration Services (USCIS) that threatened an armed attack on a South Boston school in 2018. 

Clebio P. De Lima, 43, a Brazilian national previously residing in Quincy, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to time served (23 weeks). De Lima will now face deportation to Brazil. In June 2019, De Lima pleaded guilty to two counts of making false statements to federal authorities.

In February 2018, USCIS’ Boston Office received an unsigned letter handwritten in Portuguese stating that an individual identified by the name of “Mario” was going to carry out an attack at a South Boston school. The letter stated that Mario had purchased two firearms and that he was looking to buy more. The letter concluded by stating, “I invite you to take action, I trust in you. Thank you for the great security of this country.” 

Following an investigation, it was determined that the allegations in the letter were false, and that De Lima sent the letter to USCIS hoping that the federal government would arrest his ex-wife’s boyfriend. During a subsequent interview with law enforcement in September 2018, De Lima falsely denied any knowledge about the unsigned letter sent to USCIS. 

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Jason Molina, Acting Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement. The case was investigated by the FBI Boston Joint Terrorism Task Force. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit prosecuted the case.

PITTSBURGH, Pa. - A resident of Pittsburgh, Pa, pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.

Joann Williams, 44, pleaded guilty to one count before United States District Judge Joy Flowers Conti.

In connection with the guilty plea, the court was advised that from November 2015 to May 2016, Williams conspired with others to distribute and possess with intent to distribute crack cocaine, a Schedule II controlled substance.

Judge Conti scheduled sentencing for November 20, 2019 at 3:30 p.m. The law provides for a total sentence of 30 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.

A federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) conducted the investigation that led to the prosecution of Joann Williams. The task force is headed by the Drug Enforcement Administration and is comprised of members drawn from the Pennsylvania Office of the Attorney General, Ambridge Police Department, New Brighton Police Department, Beaver Police Department, Aliquippa Police Department, Moon Township Police Department, Wilkinsburg Police Department, West Mifflin Police Department, Allegheny County Police Department, Duquesne Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.

PITTSBURGH – A member of the Lightfoot-Mendoza Drug Trafficking Organization has pleaded guilty to a federal narcotics charge, United States Attorney Scott W. Brady announced today.

Chace Johnson, 21, formerly of Verona, PA pleaded guilty to one count of maintaining a drug-involved premises before Chief United States District Court Judge Mark R. Hornak. Judge Hornak scheduled his sentencing for December 13, 2019 at 10:30 a.m.

According to information presented to the court, in August and September of 2017, Chace Johnson lived at a residence on Harvest Drive in Verona, PA (Penn Hills), the home of Jamie Lightfoot, Jr. During that time, Chace Johnson helped to maintain the premises that was used as one of the centers of the Lightfoot-Mendoza Drug Trafficking Organization. During this time, Johnson guarded large sums of drug proceeds in the house and helped to gather drug paraphernalia and other supplies in order to aid in the distribution of narcotics that came into the home. Later on November 5, 2017, an FBI and Pennsylvania State Police Task Force executed a search warrant at the residence netting 52 kilograms of cocaine and heroin, 85 pounds of marijuana, illegal steroids, three firearms, and nearly $1 million dollars in cash.

The law provides for a maximum sentence of not more than 20 years in prison and/or a fine of not more than $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorneys Timothy M. Lanni and Shaun Sweeney are prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and the Pennsylvania State Police, with assistance from the South Strabane Police Department, the Elizabeth Borough Police Department, the Penn Hills Police Department and the Perryopolis Police Department, conducted the investigation that led to the Indictment in this case.

The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.

United States Attorney Maria Chapa Lopez and U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee announce that Scott Roix, together with several entities through which he ran his telemarketing business, including HealthRight, LLC; Health Savings Solutions, LLC; Vici Marketing, LLC; and Vici Marketing Group, LLC (hereinafter collectively referred to as “marketing companies”), have agreed to pay $2.5 million to resolve allegations that Roix and these marketing companies violated the False Claims Act by causing the submission of false claims to federal healthcare programs in connection with telemedicine health care fraud schemes. 

The government alleged that: (1) Roix and his marketing companies fraudulently obtained insurance coverage information from consumers across the country to arrange for them to receive prescription pain creams and other similar products, (2) these prescriptions were not medically necessary and did not arise from a valid doctor-patient relationship, and (3) Roix and his marketing companies sold these prescriptions to pharmacies under the guise of marketing services, and the payments solicited were based on the volume and value of the prescriptions.

“The United States Attorney’s Office is committed to protecting TRICARE and other federal health care programs from improper practices that harm our nation’s healthcare programs,” said U.S. Attorney Chapa Lopez. “Those who generate prescriptions for profit and violate the Anti-Kickback Statute will be held accountable.” 

“Prescriptions and other medical services resulting from kickbacks undermine the integrity of our health care system,” said U.S. Attorney Overbey. “Telemedicine is a valuable service for our citizens, but it must not be abused. We will take action against individuals who break the law to make a profit at the expense of our federal healthcare programs and ultimately at the expense of the American taxpayer.”

“Telemarketing fraud is a major threat to the integrity of the Medicare program,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta.  “Unscrupulous companies collect patient information then sell it to pharmacies and other medical providers in exchange for kickbacks.”

U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office, stated, “The U.S. Postal Service spends billions of dollars per year in workers compensation-related costs, most of which are legitimate. However, when medical providers or companies choose to flout the rules and profit illegally, special agents with the USPS OIG will work with our law enforcement partners to hold them responsible. To report fraud or other criminal activity involving the Postal Service, contact our special agents at www.uspsoig.gov or 888-USPS-OIG.”

“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and our law enforcement partners to ensure that individuals do not unjustly enrich themselves by abusing the Department of Defense TRICARE program. DCIS protects the integrity of DoD programs by rooting out fraud, waste, and abuse which diverts American taxpayer dollars intended to support our Warfighters,” said Special Agent in Charge, Cyndy Bruce, Southeast Field Office.

“Today’s settlement demonstrates the commitment of the Office of Personnel Management Office of the Inspector General and our law enforcement partners at the Department of Justice to ensuring that federal health care programs, including the Federal Employees Health Benefits Program, are protected from fraud and abuse,” said Thomas W. South, the OPM Deputy Assistant Inspector General for Investigations. “I am immensely proud of the work our office has done to not only safeguard taxpayer dollars, but also protect the health and wellbeing of federal employees, annuitants, and their families.”

“This settlement emphasizes the collaborative effort by the FBI and our law enforcement partners to target those individuals who cheat the system and destroy public trust in our federally funded healthcare programs,” said Michael F. McPherson, Special Agent in Charge of the FBI Tampa Division.

The settlement resolves allegations that, beginning in September 2014, Health Savings Solutions, at the direction of Roix, received payments from Oldsmar Pharmacy that were based on the value and volume of prescriptions solicited by Health Savings Solutions in violation of the Anti-Kickback Statute, and the False Claims Act. These allegations were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims, and to receive a share of any recovery.  The qui tam case against Roix and Health Savings Solutions was filed by Jennifer Silva and Jessica Robertson and is captioned: United States ex rel. Silva, et al. v. Vici Marketing, LLC, et al., Middle District of Florida (Case No. 8:15-cv-444-T-33TGW).  Ms. Silva and Ms. Robertson will receive $287,500 of the settlement. 

The settlement also resolves allegations that, from June 2015 through October 2018, HealthRight, at the direction of Roix, received payments from Synergy Pharmacy that were based on the value and volume of prescriptions solicited by HealthRight on behalf of Synergy Pharmacy. These allegations were also the subject of a criminal case captioned United States v. Scott Roix, et al., Eastern District of Tennessee (Case No. 2:18-cr-133), in which Roix and HealthRight pleaded guilty in September 2018.

This investigation was a collaborative effort between the U.S. Attorneys’ Office of the Eastern District of Tennessee and the Middle District of Florida. It was handled by Assistant U.S. Attorneys Jeremy Dykes, Michael Kenneth, and Jessica Sievert, with support from HHS-OIG, OPM-OIG, USPS-OIG, DOD-DCIS, and FBI.

The claims resolved by this settlement are allegations only, and there has been no determination of liability. 

CHARLESTON, W.Va. – A Chapmanville man was sentenced after pleading guilty to drug and firearm offenses, announced United States Attorney Mike Stuart.  Courtney Edward Dalton, 39, was sentenced to seven years in prison for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking.  The case was investigated by the U.S. 119 Drug and Violent Crime Task Force and the Federal Bureau of Investigation (FBI).

“Dealing meth, carrying a gun,” said United States Attorney Mike Stuart.  “It’s a sure way to end up in federal prison.”

On March 13, 2018, as part of an ongoing drug investigation, police stopped Dalton as he was driving on WV Route 10 in Harts, Lincoln County, West Virginia.  Upon searching the vehicle, police found approximately 1.5 ounces of methamphetamine, marijuana, scales, and a loaded Taurus 9mm pistol.  Dalton admitted that he intended to distribute the methamphetamine and that he carried the pistol in order to protect himself from being robbed of his drugs. 

Assistant United States Attorney Joshua C. Hanks handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence. 

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Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced today that Preston Baxter, age 27,and Dezi Castillo Jr., age 31, were sentenced for conspiring to distribute heroin, marijuana, and methamphetamine in Northwest Arkansas.  The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.

According to court records, in May 2018, detectives conducted two controlled drug purchases from Castillo.  The second controlled drug purchase occurred at Baxter’s apartment in Springdale, Arkansas.  Based on the two controlled drug purchases as well as an odor of marijuana that emitted from Baxter’s apartment, detectives executed a search warrant on June 1, 2018.  The search resulted in the seizure of 87.05 grams of actual methamphetamine, a net weight of 21.039 grams of heroin, 15.8 grams of cocaine, and approximately 248 grams of marijuana.  Additionally, the search revealed multiple weapons and approximately $2,075.00.  

Baxter was sentenced on June 17, 2019, to 135 months in federal prison followed by three years of supervised release.  Castillo was sentenced yesterday to 120 months in federal prison followed by three years of supervised release.

Baxter and Castillo were indicted by a federal grand jury in September 2018 andentered guilty pleas in January and April 2019, respectively. 

This case was investigated by the Drug Enforcement Administration and the 4^th Judicial District Drug Task Force.  Assistant United States Attorney Carly Marshall prosecuted the case for the United States.

CHARLESTON, W.Va. –  United States Attorney Mike Stuart announced that Daniel Roy Mace, 37, of Parkersburg, was sentenced to 97 months in federal prison for child pornography and witness tampering charges. Mace was previously convicted by a federal jury on 15 felony charges: 12 counts of receipt of child pornography on dates between June 24 and August 3, 2016; one count of distribution of child pornography; one count possession of child pornography depicting prepubescent minors; and one count of witness tampering. He will also be placed on supervised release for a term of 15 years following his release from prison, and will be required to register as a sex offender.

“We’re in the business of protecting our children,” said United States Attorney Mike Stuart.  “Predators like Mace belong behind bars.  I applaud the hard work of  law enforcement and my prosecutors in this case.”

On August 1, 2016, law enforcement with the WVSP Internet Crimes Against Children Task Force began a proactive investigation into local distributors of child pornography. After identifying a potential target in the Parkersburg area, a detective downloaded eight videos of child pornography from a user located in Parkersburg over a peer-to-peer file sharing network. On August 4, 2016, a search warrant was executed at the residence from which the child pornography was being shared. Law enforcement discovered Mace’s laptop in his bedroom, actively downloading child pornography from the same file-sharing services where law enforcement had downloaded the eight videos of child pornography. Upon examining Mace’s computer, law enforcement discovered over 80 videos of child pornography depicting prepubescent minors engaged in sexually explicit conduct. Among the videos were all eight videos of child pornography that law enforcement had downloaded.

After Mace was arrested on a federal indictment charging him with numerous child pornography offenses, Mace began attempting to persuade a witness to provide a false alibi for him during testimony before a federal grand jury in January 2019.  The jail calls between Mace and the witness were recorded.

The West Virginia State Police, the Parkersburg Police Department, and the Federal Bureau of Investigation (FBI) Violent Crime Against Children (VCAC) Task Force conducted the investigation.  Senior United States District Judge John T. Copenhaver, Jr. handed down the sentence.  Assistant United States Attorneys Jennifer Rada Herrald and Alex Hamner handled the prosecution.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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PROVIDENCE – U.S. Attorney Aaron L. Weisman will join law enforcement, community leaders, and residents on Tuesday, August 6^th at Rhode Island events to celebrate the 36^th annual National Night Out crime and drug prevention event.

National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities. 

U.S. Attorney Weisman will participate in events in Providence, Warwick, and Cranston. Events are scheduled in fourteen Rhode Island communities.

“Reducing violent crime and promoting safety in American communities is a major focus of the Justice Department and U.S. Attorneys across the country,” said Deputy Attorney General Jeffrey A. Rosen.  “National Night Out is an opportunity to strengthen the bonds, the respect, and the camaraderie between neighbors and law enforcement officers.  These relationships make our country stronger and safer.”

“For 36 years, National Night Out has rallied neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community.  I am proud to stand with my colleagues and neighbors to support safer streets and work together to drive out crime,” said U.S. Attorney Aaron L. Weisman.

Providence Police Chief Colonel Hugh T. Clements, Jr., said, “The Providence Police Department embodies the Community Oriented Police concept in everything we do.  We are always pleased to celebrate our relationships on this very important night in our community. We always enjoy teaming up with US Attorney Weisman and his team on initiatives important to our neighborhoods.”

Warwick Deputy Police Chief Mark Ullucci added, “On behalf of Mayor Joseph Solomon and Chief Rick Rathbun, I encourage all residents from every community to come out and celebrate National Night Out.  This event not only enhances community safety, it puts faces with names and establishes new relationships with a simple handshake. National Night out is an amazing platform for simple conversation, reconnection, and a positive interaction between Police Officers and the constituents they represent.”

National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on August 6.

Information about National Night Out is available at www.natw.org

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Greenville, South Carolina ---- United States Attorney Sherri A. Lydon and Homeland Security Investigations Acting Special Agent in Charge Christopher Healy announced today that Miguel Bautista-Manuel, age 41, of Mexico, and Travis Lee Nixon, age 29, of Greenville, were sentenced to federal prison for their roles in a conspiracy to defraud the United States by attempting to fraudulently acquire “U-Visas” for Bautista-Manuel, Jose Pineda-Hernandez, age 38, of Honduras, and Oscar Pineda-Martinez, age 24, of Honduras.  Senior United States District Court Judge Henry M. Herlong, Jr., of Greenville sentenced Bautista-Manuel to 8.5 months in federal prison and Nixon to 12 months in federal prison.  Pineda-Martinez was previously sentenced to time-served, and Pineda-Hernandez is awaiting sentencing. 

U-Visas, so named from the statutory provision authorizing their issuance, are intended to provide lawful immigration status to victims of certain crimes who have suffered substantial mental or physical abuse and who are willing to assist law enforcement in the prosecution of the criminal activity.  The number of U-visas that can be issued each year is statutorily limited.

Facts presented in court established that Bautista-Manuel engaged Nixon to act as the perpetrator of a staged armed robbery of which Bautista-Manuel, Pineda-Hernandez, and Pineda-Martinez were the purported victims.  The three reported the staged robbery to the Greenville County Sheriff’s Office, which devoted resources to investigating the robbery.  Bautista-Manuel, Pineda-Hernandez, and Pineda-Martinez then used the purported armed robbery, and their assistance in its investigation, as the basis for fraudulent petitions filed with U.S. Citizenship and Immigration Services seeking U-Visas.

“U-Visas play an important role in helping victims of serious crimes obtain justice,” said U.S. Attorney Lydon.  “Those who commit fraud to obtain them divert already limited law enforcement resources and deprive true victims with a sincere willingness to assist law enforcement of legal immigration benefits.”

Acting Special Agent in Charge Healy added, “Fraud like that committed by these defendants not only delays the issuance of U-Visas to legitimate crime victims but also wastes limited law enforcement resources.”

Agents of Homeland Security Investigations in Greenville investigated the case, with assistance from the Greenville County Sheriff’s Office.  Assistant United States Attorneys David Stephens and Max Cauthen, both of the Greenville office, prosecuted the case.

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PHILADELPHIA – United States Attorney William M. McSwain announced that former Philadelphia Sheriff John Green, 72, of Philadelphia, Pennsylvania, was sentenced today to sixty months’ imprisonment, one year supervised release, forfeiture of $76,581, and a $17,500 fine by United States District Court Judge Wendy Beetlestone.

Green pled guilty in April 2019 to conspiring to defraud the citizens of Philadelphia while serving as Sheriff by receiving and accepting a stream of hidden personal benefits from co-defendant James Davis, in exchange for giving Davis millions of dollars of business from the Philadelphia Sheriff’s Office. 

From 2002 to 2011, Green accepted bribes and kickbacks from Davis totaling over $675,000.  The bribes and kickbacks included: (1) a move-in ready home in Philadelphia for Green and his new wife in 2003; (2) employment of Green’s wife as a subcontractor when she started a business in 2004, paying her over $89,000; (3) facilitation of over $65,000 in hidden campaign contributions to Green’s 2007 re-election campaign; (4) payment of over $148,000 in advertising for Green’s 2007 re-election campaign and falsely reporting the payments on the campaign finance reports; and (5) over $320,000 in payments to Green to assist him with the purchase of his retirement home in Florida in 2010. 

In exchange, Green gave his Davis over $35 million in business at the Philadelphia Sheriff’s Office through the sale of homes at Sheriff’s sales. Green left office at the end of 2010, over one year before the expiration of his term, after the City of Philadelphia, Office of the Controller, issued an audit report in October 2010 expressing concern about potential irregularities with respect to the funds from Sheriff’s sales held by the Philadelphia Sheriff’s Office.  The Controller’s Office hired Deloitte Financial Advisory Services, which conducted a forensic investigation of the Sheriff’s Office.  Deloitte issued a final report in October 2011 that revealed the extent of the hidden business that Green had given to Davis and provided its findings to the government.    

“Public officials hold office to serve the public good, not to line their own pockets” said U.S. Attorney McSwain.  “When public servants abuse their authority and flout the rule of law, they disgrace themselves and the offices they hold.  That is what Green did here and he is now paying the price.  Every public official should be on notice after today’s sentence: federal law enforcement is watching and we will hold you accountable to the law and to the public that you are supposed to serve.”

The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation, and the City of Philadelphia Office of Inspector General, and is being prosecuted by Assistant United States Attorneys Sarah L. Grieb and Christopher Diviny, and U.S. Department of Justice Trial Attorney Jennifer A. Clarke.

WICHITA, KAN.– A Salina pharmacist was sentenced today to serve 36 months on probation -- including 18 months house arrest -- for diverting prescription drugs containing opioids, U.S. Attorney Stephen McAllister said. Her husband, who received the drugs from her, got the same sentence.

Kirsty C. Hartley, 29, Salina, Kan., pleaded guilty to one count of distributing a prescription painkiller outside the usual course of professional practice without a legitimate medical reason. Co-defendant Dalton R. Hartley, 29, Salina, Kan., pleaded guilty one count of acquiring controlled substances through fraud.

 Kirsty Hartley admitted she unlawfully distributed approximately 21,289 tablets of hydrocodone with acetaminophen while working at a CVS Pharmacy in Salina. She gave the pills to her husband for him to consume or trade to others for marijuana.

In her plea agreement, Kirsty Hartley agreed to surrender her pharmacist’s license. Both defendants agreed to perform 200 hours of community service.

McAllister commended the Salina Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst for their work on the case.

RENO, Nev.– A felon who was found guilty of a federal firearm violation was sentenced yesterday to a total of eight years in federal prison to be followed by three years of supervised release, announced United States Attorney Nicholas A. Trutanich for the District of Nevada.

Clifton James Jackson, 55, of Reno, was found guilty by a jury in April 2019, of one count of felon in possession of a firearm. United States District Judge Howard D. McKibben sentenced Jackson to 78 months in prison. In addition, Jackson committed the crime while on supervised release for his prior felon in possession conviction. His supervised release was revoked and he was sentenced to a consecutive 18 months in prison for a total of 96 months. This was Jackson’s 10^th felony conviction.

In December 2018, a Washoe County Sheriff’s Office deputy responded to a 911 call reporting a man holding a handgun while walking towards a business. Gunshots were also reported by the caller. When the deputy arrived in the area, he saw a truck matching the suspect’s vehicle. While waiting for additional units to arrive, the deputy observed the truck accelerate quickly. The deputy activated the emergency lights and siren, but the truck failed to stop. While in pursuit of the suspect, the deputy observed an object being thrown from the truck. When additional units arrived on scene, Jackson and a juvenile were ordered from the truck and arrested. The deputies searched the area where the object had been thrown and recovered a loaded 7.65mm semi-automatic pistol and a box of .32 caliber ammunition. A subsequent search of the truck revealed a round of ammunition. A records check of the recovered firearm revealed that it had been stolen in Plumas County, California, in May 2018.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Washoe County Sheriff’s Office. Assistant United States Attorneys Megan Rachow and Randy St. Clair prosecuted the case.

This case was brought as part of Project Safe Neighborhoods (PSN), a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit www.justice.gov/usao-nv.

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SAVANNAH, GA: Two heroin traffickers have been sentenced to federal prison after admitting to their roles in a major drug distribution conspiracy.

Gary Johnson, a/k/a “G,” 44, of Savannah, was sentenced to 90 months in federal prison, while Jamison Lanier, a/k/a “Monica Lewinsky,” 36, also of Savannah, was sentenced to 53 months in prison, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. There is no parole in the federal system.

Johnson and Lanier pled guilty in U.S. District Court in February to Conspiracy to Possess with Intent to Distribute and Conspiracy to Distribute Heroin.

According to court statements and filings, Johnson and Lanier were involved in a conspiracy to distribute significant quantities of heroin from at least February through December of 2018. During the investigation, investigators observed Lanier and Johnson distribute heroin at multiple parking lots in the Savannah area. On Nov. 8, 2018, federal agents executed search warrants at three locations associated with Johnson, resulting in the seizure of more than $97,000 cash and more than 170 grams of heroin, much of it laced with the deadly synthetic opioid Fentanyl. 

“The United States is in the midst of a drug epidemic, with nearly 30,000 overdose deaths last year attributed to drugs laced with fentanyl,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Our commitment to the community is that we will prosecute traffickers and send them to prison and prevent them from contributing to this deadly marketplace.”

Robert J. Murphy, the Special Agent in Charge of the Drug Enforcement Administration’s Atlanta Field Division stated, “Heroin and synthetic drugs have no boundaries. Once consumed, they destroy their victims like predators ravage their prey. Many thanks to the collaboration of law enforcement agencies and the subsequent prosecution by the U.S. Attorney’s Office, who all made this investigation a success.”

“The U.S. Postal Inspection service remains steadfast in our resolve to ensure that we seek justice to the end against criminals that pose a direct threat to the safety and stability of our communities,” said Antonio J. Gomez, Inspector in Charge of the Miami Division. “This goal is achieved through collaborative investigative efforts with other law enforcement agencies.”

This case was investigated by the Drug Enforcement Administration (DEA) and the United States Postal Inspection Service. The case was prosecuted for the United States by Assistant U.S. Attorney Joshua Bearden.

NORFOLK, Va. – A Portsmouth man pleaded guilty today to his role in the prostitution of a child at hotels across Virginia Beach and Norfolk.

According to court documents, Timothy Gary Williams, 29, met 17-year-old Jane Doe in October 2018 and the two began dating. Shortly thereafter, Williams and Jane Doe discussed Jane Doe engaging in commercial sex to earn money for the couple. Jane Doe then began regularly engaging in commercial sex acts at hotels in Virginia Beach and Norfolk. Williams rented hotel rooms for her to use with clients, provided her with condoms, acted as security during her commercial sex appointments, and shared the proceeds from her commercial sex acts. Williams and Jane Doe also frequently used drugs, including marijuana and cocaine, together. On February 6, the National Human Trafficking Hotline received information indicating that Jane Doe was being forced to engage in commercial sex by Williams, and that Williams had physically abused Jane Doe, including assaulting her with a metal rod. When Jane Doe was recovered by law enforcement at a hotel in Virginia Beach on February 7, she confirmed that Williams had been violent with her, reporting that he had assaulted her with objects, strangled her, bitten her, and threatened her with violence. 

Williams pleaded guilty to multiple counts of using facilities in interstate commerce to promote and manage the sex trafficking of a child and faces a maximum penalty of 15 years in prison when sentenced on November 4. 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 was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, and James A. Cervera, Chief of Virginia Beach Police, made the announcement after U.S. Magistrate Judge Robert J. Krask accepted the plea. Assistant U.S. Attorney V. Kathleen Dougherty 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 are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-107.

            CONCORD - Joseph Buenviaje, 53, of Berlin, was sentenced to serve 40 months for accepting bribes from inmates and providing contraband in prison, United States Attorney Scott W. Murray announced today.  

            According to court documents and statements made in court, Buenviaje began working as a chaplain at the Federal Correctional Institution in Berlin, New Hampshire in 2015.  From April of 2018 until he was caught in November of 2018, Buenviaje smuggled drugs (including Suboxone, synthetic cannabinoids and marijuana) cellular telephones, tobacco, and other contraband into the prison in exchange for bribe payments.  When interviewed by investigators in November 2018, Buenviaje admitted that he had been smuggling drugs and other contraband into the prison once or twice per week.  In exchange, Buenviaje received over $52,000 in bribe payments. 

            Buenviaje received the contraband and some of the bribe payments by mail addressed to his ministry.  Buenviaje received Suboxone—an opioid ordinarily prescribed to treat drug addiction—in its original packaging.  Upon receipt, Buenviaje repackaged the drug in cellophane for distribution in the prison.  Buenviaje also received notebooks with drug-soaked pages that he smuggled into the prison.  After smuggling items he received into the prison, Buenviaje placed the contraband in a cabinet in the prison chapel where inmates would later retrieve the items.

            In November 2018, on the day of his arrest, investigators found 111 Suboxone strips, some of which were in Buenviaje’s car and some of which were in Buenviaje’s chaplain office repackaged for distribution.  Investigators also located multiple notebooks that Buenviaje had hidden in a cabinet in his office for an inmate.  Some pages in the notebooks had been soaked with unlawful synthetic cannabinoids, specifically FUB-AMB and 5F-ADB.  These drugs are known to cause serious side effects, including death.

            Buenviaje previously pleaded guilty on April 30, 2019.

            “This defendant’s conduct constituted a massive breach of trust,” said U.S. Attorney Murray.  “The defendant sought to profit from his position as a prison chaplain by smuggling drugs and other contraband into a federal prison.  These reprehensible acts endangered the safety of the inmates and staff at FCI-Berlin.  The defendant deserves the substantial prison sentence that he received for his unlawful and unethical conduct.”

            “While serving in his capacity as a chaplain, Buenviaje was supposed to provide religious counseling to inmates,” said Guido Modano, Special Agent in Charge, Department of Justice Office of the Inspector General, New York Field Office. “Instead, he devised a self-serving scheme to collect bribes in exchange for smuggling contraband, including dangerous drugs, into the prison, and he also utilized the prison chapel to carry out his scheme.  He will fittingly serve time for his actions, which placed inmates, correctional officers, and other prison staff in harm’s way, and threatened the overall security of the prison facility.” 

            This matter was investigated by the U.S. Department of Justice Office of the Inspector General and FCI-Berlin’s Office of the Special Investigative Supervisor.  The case was prosecuted by Special Assistant U.S. Attorney Matthew T. Hunter and Assistant U.S. Attorney Anna Z. Krasinski.

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