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Laredoan Convicted in Marijuana Conspiracy

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LAREDO, Texas – A 25-year old man from Laredo has admitted to conspiring with others to possess with the intent to distribute more than 100 kilograms of marijuana, announced U.S. Attorney Ryan K. Patrick.

Between May 30, 2016, and June 6, 2016, Martin Delgado coordinated the transportation of more than 375 kilograms of marijuana which was supposed to be delivered to Dallas. Authorities ultimately seized the drugs at the U.S. Border Patrol checkpoint on Interstate Highway 35, north of Laredo.

Today, Delgado admitted to his role in the conspiracy.

Sentencing before U.S. District Judge Diana Saldaña has not yet been set, but at that time Delgado will face a minimum of five and up to 40 years in federal prison as well as a possible $250,000 maximum fine.

He was permitted to remain on bond that hearing.  

The Drug Enforcement Administration, Immigration and Customs Enforcement’s Homeland Security Investigations and Border Patrol conducted the long-term Organized Crime Drug Enforcement Task Force investigation dubbed Operation Eagle Ford Tour. Assistant U.S. Attorneys Christopher dos Santos and Graciela R. Lindberg are prosecuting the case.


Pearland Man Convicted of Sex Trafficking of a Minor

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HOUSTON – A 23-year-old man has admitted he recruited a high school girl and trafficked her for sex, announced U.S. Attorney Ryan K. Patrick. 

On several consecutive weekends in late February and early March 2016, Dihlon Lee Davis used online advertisements for the victim’s services and rented hotel rooms where some of the commercial sex acts occurred.

The victim attended Manvel high school during the week and engaged in the sexual activity on the weekends.

On multiple occasions, Davis provided illegal drugs to the minor victim. He used the money the victim earned to purchase the drugs which he consumed with his girlfriend - also a minor - and the victim. 

U.S. District Judge George C. Hanks Jr. accepted the plea and set sentencing for Oct. 9, 2019. At that time, Davis faces a minimum of 10 years and up to life in federal prison as well as a possible $250,000 fine. He will also be required to register as a sex offender.

He has been and will remain in custody pending that hearing.

The Texas Department of Public Safety (DPS) and FBI – Texas City, both part of the Human Trafficking Rescue Alliance (HTRA), conducted the investigation. 

HTRA law enforcement includes members of the Houston Police Department, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, DPS, Coast Guard and sheriff’s offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties. Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses

Assistant U.S. Attorneys Sherri L. Zack and Kimberly A. Leo are prosecuting the case.

Maryland Man Pleads Guilty to Bribing D.C. Public Officials

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           WASHINGTON – Marvin Parker, 60, of Silver Spring, Maryland, pled guilty Wednesday to one count of bribery of public officials, U.S. Attorney Jessie K. Liu announced.

           Parker pled guilty before the Honorable Magistrate Judge Deborah A. Robinson in the U.S. District Court for the District of Columbia to a criminal Information, charged with one count of bribery of public officials and witnesses on July 31, 2019. Parker faces up to 15 years of prison, up to three years of supervised release, and a fine up to $250,000. As part of his plea, Parker will pay a special assessment of $100 per felony conviction to the Clerk of the United States District Court for the District of Columbia.

           According to Parker’s admissions made in connection with his plea, Parker is the owner and sole proprietor of RPM Associates. As part of his business, Parker made cash payments to two employees of the Metropolitan Police Department (MPD). Parker made those payments to MPD employees to influence them to provide him with information about individuals who had been involved in traffic accidents in Washington, D.C. Upon receipt of this information, Parker would contact those individuals by phone and offer to assist them with obtaining legal representation and medical services. MPD’s General Orders prohibits officers and employees from releasing Traffic Crash Reports except under limited circumstances. D.C. Law prohibits the solicitation of traffic accident victims within 21 days of the accident when the solicitation is for financial gain and for the purpose of directing the victim to practitioners, such as attorneys or medical providers.   

           Specifically, Parker paid MPD Employee 1 approximately $50 to $200 per week in cash for the Traffic Crash Report information. Parker paid MPD Employee 2 approximately $400 to $500 per week in cash for the Traffic Crash Report information. 

           In total, between August 23, 2015, and October 11, 2017, Parker made more than $40,000 in cash payments to MPD Employee 1 and MPD Employee 2, in exchange for them providing Parker with Traffic Crash Report information in violation of their official duties as MPD employees.

           In announcing the plea, U.S. Attorney Liu commended the work of those who assisted the case from the Federal Bureau of Investigation’s Washington Field Office and MPD’s Internal Affairs Division. She also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, including paralegal specialists Josh Fein and Mariela Andrade, and Assistant U.S. Attorneys David Misler and Andrew Floyd who investigated and prosecuted the case.  

Former Collin County Resident Sentenced for Metroplex Wire Fraud Scheme

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PLANO, Texas – A 52-year-old Aurora, CO man has been sentenced to federal prison for a wire fraud scheme in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown and FBI Special Agent in Charge Matthew D. DeSarno.

            John Russell Scrivner pleaded guilty on Feb. 8, 2019, to wire fraud and was sentenced to 41 months in federal prison today by U.S. District Judge Marcia A. Crone.  Scrivner was also ordered to pay restitution in the amount of $341,981 to a victim of the wire fraud scheme.

According to information presented in court, from July 2013 to March 2016, Scrivner, a former resident of McKinney, Texas, was employed as the General Manager of a Texas company, Steel Fabrication Services, when he devised and executed a scheme to defraud the company of funds and property.  The FBI’s investigation showed that Scrivner diverted company funds to a bank account he controlled, used money to pay expenses to set up a separate business he controlled, and used the company money to pay for personal expenses.  Scrivner was indicted by a federal grand jury on Oct. 9, 2018. 

            “This was greed, pure and simple,” said U.S. Attorney of the Eastern District of Texas.   “Employers have to put trust in their managers, but it leaves them at risk for these types of frauds.  Companies need checks and balances in place to prevent this from happening to them.”

“The defendant used his position of trust to deceive and defraud his employer,” said Matthew DeSarno, Special Agent in Charge of the FBI Dallas Field Office. “The FBI does not tolerate acts of corporate fraud and will pursue individuals who use their access to profit financially.”

            This case was investigated by the Federal Bureau of Investigation’s Dallas Field Office and prosecuted by Assistant U.S. Attorney Tom Gibson. 

 

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District Man Sentenced to 15 Months as Part of Law Enforcement’s Effort to Prosecute Offenders Who Escape from Halfway Houses

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           WASHINGTON – Freddie Curtis, 31, of Southeast Washington, D.C., was sentenced yesterday to 15 months in prison for escaping from the Hope Village Halfway House, located in Southeast, Washington, D.C.

           The announcement was made by U.S. Attorney Jessie K. Liu, Lamont Ruffin, United States Marshal for the District of Columbia (USMS), and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

           Curtis pled guilty on April 24, 2019, before the Honorable Colleen Kollar-Kotelly in the U.S. District Court for the District of Columbia to one count of escape from custody. Judge Kollar-Kotelly sentenced Curtis to 15 months of prison to be followed by one year of supervised release.

           Curtis’ sentence highlights the ongoing efforts of the United States Attorney’s Office and the USMS to prosecute felony offenders who escape from halfway houses. These offenders are under the supervision of the Federal Bureau of Prisons and are afforded the opportunity to complete the final portion of their sentences at halfway houses to assist their reentry into the community. In 2017, the USMS requested the assistance of the United States Attorney’s Office with the investigation, prosecution, and disposition of an increased number of escape cases. To date, the United States Attorney’s Office has obtained dozens of felony convictions of defendants who either failed to report to or absconded from the Hope Village Halfway House. 

           According to the Government’s evidence, on September 7, 2017, Curtis was convicted of one count of Felony Bail Reform Act and one count of attempted distribution of cocaine, and was sentenced by a D.C. Superior Court judge to 26 months of prison, to be followed by five years of supervised release. As part of the defendant’s sentence, he was permitted to complete the remainder of his sentence at Hope Village Halfway House.

           On December 13, 2018, the defendant arrived at Hope Village to complete the remainder of his sentence. On January 15, 2019, Curtis signed out of the Hope Village facility, and although he was supposed to return later that day, he never returned. Curtis was arrested weeks later by MPD on new criminal charges.   

           In announcing the sentence, U.S. Attorney Liu, Marshal Ruffin, and Chief Newsham commended the work of those who investigated the case. They also cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorney Mervin A. Bourne, Jr. and Paralegal Katie Thomas of the Violent Crime and Narcotics Trafficking Section.

St. Petersburg Man Arrested After Attempted Armed Robbery

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Tampa, Florida – United States Attorney Maria Chapa Lopez announces the arrest of Terrian J. Knight (29, St. Petersburg) on a criminal complaint charging him with being a felon in possession of a firearm. If convicted, Knight faces a maximum penalty of 10 years in federal prison. 

According to the complaint, on July 30, 2019, Knight attempted to rob the assistant manager of a St. Petersburg Family Dollar store as the manager was leaving the store. During the course of the robbery, Knight produced a firearm and shot the victim twice. After hiding in a retention pond area for approximately seven hours, Knight was taken into custody, and law enforcement recovered the firearm used in the shooting.

A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Callan Albritton.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

 

Georgia Man Sentenced For $6.5 Million Health Care Fraud, Money Laundering Involving Tricare, Other Victims

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PENSACOLA, FLORIDA – Michael Scott Burton, 52, of Decatur, Georgia, was sentenced to 96 months in federal prison yesterday after he pleaded guilty to charges of conspiracy to commit health care fraud and wire fraud, conspiracy to commit money laundering, and money laundering. The sentence was announced today by Lawrence Keefe, United States Attorney for the Northern District of Florida.

Between January 2014 and December 2015, Burton conspired with others to defraud TRICARE and other insurance companies out of more than $6.5 million in fraudulent claims for prescriptions for compounded pain cream, scar cream, and wellness capsules. Burton agreed that co-defendant Brad T. Hodgson would forge prescriptions for compounded drugs for individuals who Burton knew were not patients of the Georgia doctor’s practice where Hodgson worked. Burton recruited sales representatives, including co-defendants Bradley D. Pounds and Heather E. Pounds, to obtain and provide Burton with the personal identifying information and insurance cards of individuals for whom the prescriptions could be issued in exchange for commission payments. Burton would forward that information to Hodgson, who would issue the prescriptions – even though he was not licensed to write prescriptions – and send them to Physician Specialty Pharmacy in Pensacola without the individuals ever seeing or speaking with a doctor. Burton also recruited co-defendant Marie Ann Smith to assist Hodgson with processing and submitting prescriptions. Physician Specialty Pharmacy then caused TRICARE and other insurance companies to be billed and paid Burton a 50% commission for each compounded drug prescription that was paid by insurance. By this conduct, Burton earned over $1.4 million in commissions from fraudulent prescriptions.

"Health care fraud is a crime that affects all Americans – but to perpetrate a scam that victimizes a program for our nation’s service members and their families is beyond appalling," Keefe said. "This conspiracy stole money meant to help those who have given so much to our nation, and the criminals behind it deserve the punishment they receive."

"The wide-spread corruption uncovered in this complex and multistate fraud scheme wasted millions of American taxpayer dollars, and furthermore, deprived U.S. military members and their families of legitimate prescription medications and other needed medical care," said Cynthia A. Bruce, Special Agent in Charge, DCIS-Southeast Field Office. "DCIS is committed to working with our investigative partners and the U.S. Attorney's Office to identify, investigate and bringing to justice anyone who defrauds the DoD and the American taxpayer."

For his role in the scheme, Burton was sentenced to 96 months in prison. He was also ordered to pay $$6,540,348.48 in restitution to TRICARE and pay a forfeiture money judgment of $1,480,931.74. In February, Bradley Pounds was sentenced to 21 months in prison, and Smith and Heather Pounds were sentenced to probation. In separate related cases, Hodgson is awaiting sentencing after pleading guilty, and Andrew E. Fisher, the president and part-owner of Physician Specialty Pharmacy, is awaiting trial scheduled for September 3rd.

"Crimes like this increase the costs we all pay for healthcare and prescription drugs," said FDLE Commissioner Rick Swearingen. "I thank our FDLE Pensacola office for spearheading this complex investigation and our U.S. Attorney’s Office for prosecuting this case."

Assistant United States Attorney Alicia H. Forbes prosecuted these cases following an investigation by the Federal Bureau of Investigation, Defense Criminal Investigative Service, Florida Department of Law Enforcement, Florida Department of Financial Services-Bureau of Insurance Fraud, Florida Department of Health, Naval Criminal Investigative Service, and Army Criminal Investigative Command.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit https://www.justice.gov/usao-ndfl

Three Dominican Nationals Indicted For Identity Theft

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BOSTON – Three Dominican nationals were indicted yesterday by a federal grand jury in Boston as a result of a federal investigation targeting offenders of document and benefit fraud. The defendants have allegedly used the identities of U.S. citizens from Puerto Rico as their own. All three defendants have been previously arrested on drug charges under the names of the victims whose identities they have stolen.

Edward Obispo Garcia, 38, a Dominican national residing in Roxbury; Jesus Alberto Baez Pimental, 37, a Dominican national residing in Fitchburg; and Juan Jose Heureaux Carmona, 27, a Dominican national residing in Roxbury, were each indicted on charges of aggravated identity theft and false representation of a Social Security number. Heureaux Carmona was also charged with false statements relating to health care matters. The defendants were arrested and charged by complaint on June 27, 2019.

According to the charging documents, Obispo Garcia obtained a Massachusetts driver’s license in the name of a U.S. citizen; Baez Pimental obtained a Massachusetts driver’s license in the name of a U.S. citizen, and MassHealth records reflect an application for health benefits under this same name; and Heureaux Carmona obtained a Massachusetts ID card in the name of a U.S. citizen. 

The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.

The DBFTF is currently investigating suspected aliens who are believed to have obtained stolen identities of United States citizens born in Puerto Rico. The DBFTF has investigated individuals who have used stolen identities to obtain public benefits which they would not otherwise be eligible to receive, including Massachusetts Registry of Motor Vehicles identity documents, Social Security numbers, MassHealth benefits, public housing benefits, and/or unemployment benefits.

In July 2018, a DBFTF-led investigation resulted in the arrests of 25 individuals on charges of identity theft and Social Security fraud, and in April 2019, a separate DBFTF-led investigation resulted in 11 additional arrests.

The charge of aggravated identity theft carries a mandatory two-year prison sentence that must run consecutively to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General, made the announcement today. Valuable assistance was provided by the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; U.S. Department of Labor, Office of Inspector General, Office of Investigations; U.S. Department of State, Diplomatic Security Service, Boston Field Office; U.S. Postal Inspection Service; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Boston; U.S. Citizenship and Immigration Services, District 1; HSI Country Attaché Santo Domingo, Dominican Republic; HSI Santo Domingo Transnational Criminal Investigative Unit; and the Massachusetts State Police. Assistant U.S. Attorney David Tobin and Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit are prosecuting the cases.

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


United States Attorney Josh J. Minkler to take part in the 36th Annual National Night Out

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INDIANAPOLIS – United States Attorney Josh J. Minkler will join law enforcement, community leaders and residents at the National Night Out celebration. The event will take place on Tuesday, August 6, 2019.

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 anti-crime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities. The event has occurred every first Tuesday of August for the past 36 years and has proven effective in enhancing relationships between law enforcement and members of the community.

The U.S. Attorney’s Office works year round to help ensure safety in neighborhoods through a program called Project Safe Neighborhoods (PSN), and this event is a great night to showcase the program. This program typically works to increase awareness about drug prevention, gun violence, and anti-crime efforts. 

“National Night Out is a significant event where we can engage with the community in which we serve and educate the young and old about the importance of our work,” said Minkler. “This year we are aiming to be more involved with the public during the event to show our commitment and dedication throughout the year.”

Last year, the Indianapolis Metropolitan Police Department (IMPD) and U.S. Attorney Minkler, found great success in utilizing National Night Out as an opportunity to cultivate relationships between community members and law enforcement.

This year, both law enforcement and the U.S. Attorney’s Office intend to strengthen that relationship through activities, conversation and fellowship to grow mutual trust and appreciation.

U.S. Attorney's Office Reaches ADA Settlement with East Lyme Restaurant

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John H. Durham, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with Il Pomod’Oro Restaurant in East Lyme to resolve allegations that the facility did not comply with the Americans with Disabilities Act of 1990 (“ADA”).

The settlement agreement resolves ADA complaints filed by individuals with disabilities alleging that Il Pomod’Oro was not accessible for individuals with physical disabilities.  The restaurant is in the process of making the changes required by the settlement agreement, including providing accessible parking spaces, ensuring that the restaurant has an accessible entrance with compliant handrails and thresholds, providing accessible dining tables throughout the restaurant, ensuring equivalent service for individuals in the restaurant’s bar area, ensuring access to the restaurant’s patio area, and designing and constructing an accessible restroom.  Il Pomod’Oro will continue to make improvements over the next 18 months.

Under federal law, private entities that own or operate places of “public accommodation,” including restaurants and bars, are prohibited from discriminating on the basis of disability.  The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance of covered entities.  The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.

“The Americans with Disabilities Act is an important part of the federal law enforcement responsibilities of the U.S. Attorney’s Office, and we are committed to enforcing the ADA to ensure that individuals with disabilities are able to access and enjoy our state’s restaurants,” said U.S. Attorney Durham.  “We are pleased that Il Pomod’Oro has agreed to make changes to its facility in order to comply with the requirements of the ADA.”

Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700.

Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY).  More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.

This matter was handled by Assistant U.S. Attorney Jessica H. Soufer of the District of Connecticut in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.

JUSTICE DEPARTMENT REACHES $3 MILLION SETTLEMENT WITH NISSAN MOTOR ACCEPTANCE CORPORATION FOR VIOLATING THE SERVICEMEMBERS CIVIL RELIEF ACT

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WASHINGTON – The Department of Justice announced today that Nissan Motor Acceptance Corporation (Nissan MAC) has agreed to pay $3 million to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA). The suit alleges that Nissan MAC repossessed 113 vehicles owned by SCRA-protected servicemembers without first obtaining the required court orders, and failed to refund up-front capitalized cost reduction (CCR) amounts to servicemembers who lawfully terminated their motor vehicle leases early after receiving military orders. This settlement is the Justice Department’s 10th settlement with an auto finance provider since 2015 and exemplifies continued efforts to enforce the SCRA’s motor vehicle repossession and lease termination provisions.

“Men and women in uniform risk their lives to serve our country, and Congress enacted the Servicemembers Civil Relief Act to protect them when they serve our nation,” said Assistant Attorney General Eric Dreiband of the Justice Department’s Civil Rights Division. “The U.S. Department of Justice will continue to enforce the Act vigorously in order to protect servicemembers and to ensure that all covered industries comply fully with the law.”

“The SCRA exists to offer protections to our military service members and to minimize undue financial burdens associated with deployments and other instances where our military servicemembers experience a profound and prolonged lifestyle change,” said U.S. Attorney Don Cochran, for the Middle District of Tennessee. “We will aggressively hold those institutions and businesses accountable who are required to comply with the Act. Our military deserves no less.” 

The SCRA prohibits repossessing a motor vehicle from a servicemember during military service without a court order if the individual made a deposit or installment payment on the loan before entering military service. The SCRA also permits servicemembers to terminate motor vehicle leases early without penalty after entering military service or receiving qualifying military orders for a permanent change of station or to deploy. When servicemembers lawfully terminate motor vehicle leases, the SCRA requires that they be refunded all lease amounts paid in advance for a period after the effective date of the termination.

Nissan MAC is a Tennessee-based auto financing company that provides auto loans and leases for customers of Nissan and Infiniti.

Individuals who lease vehicles from Nissan MAC often contribute an up-front monetary amount at lease signing, in the form of a cash payment, credit for a trade-in vehicle, rebate, or other credit. A portion of this up-front amount can be applied to the first-month’s rent and certain up-front costs such as licensing and registration fees. The remainder, which is called the CCR amount, reduces the monthly payment the lessee must make over the term of the lease. The Department’s investigation revealed that when servicemembers terminated their motor vehicle leases early pursuant to the SCRA, Nissan MAC retained the entire CCR amount.

The agreement resolves a suit filed today by the Department of Justice in the United States District Court for the Middle District of Tennessee. It covers all repossessions of servicemembers’ vehicles and leases terminated by servicemembers since Jan. 1, 2008.

The agreement requires Nissan MAC to create a $2,937,971 settlement fund to compensate servicemembers whose rights were violated under the SCRA. Additionally, Nissan MAC must pay $62,029 to the United States Treasury.

The agreement also requires Nissan MAC to revise its policies and procedures to prevent future unlawful repossessions of servicemembers’ vehicles and ensure that servicemembers who terminate their auto leases early receive a full refund of all eligible pre-paid CCR amounts. NMAC must also provide training to its employees and representatives.

The Department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section in partnership with U.S. Attorneys’ Offices throughout the country. Since 2011, the Department of Justice has obtained over $474 million in monetary relief for over 120,000 servicemembers through its enforcement of the SCRA. The SCRA provides protections for servicemembers in areas such as evictions, rental agreements, security deposits, pre-paid rent, civil judicial proceedings, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, automobile leases, life insurance, health insurance and income tax payments. For more information about the Department’s SCRA enforcement, please visit www.servicemembers.gov

Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil/content/locator.php.

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Former Controller for Westmoreland County Packaging Company Charged with Embezzling $191,000

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PITTSBURGH – The former Controller for a packaging company located in Export, PA, has been indicted by a federal grand jury in Pittsburgh on charges of wire fraud, United States Attorney Scott W. Brady announced today.

The eight-count Indictment, returned on July 30 and unsealed Aug. 1 following her arrest, named Victoria Mazur, 51, of 265 McKim Drive, Pittsburgh, PA (Plum Boro), as the sole defendant.

According to the Indictment presented to the court, from approximately December 2012 until December 2017, Mazur embezzled funds from her employer, Gateway Packaging Corporation, by processing fraudulent refunds through the employer’s point of sale terminal, which is used to process credit and debit card transactions for customers. The Indictment further alleges that the total amount embezzled was approximately $191,000.

The law provides for a maximum total sentence of 20 years for each count of wire fraud. The law also provides for a fine of $250,000 for each count of wire fraud. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.

U.S. Immigration and Customs Enforcement, Homeland Security Investigations and the United States Postal Inspection Service conducted the investigation leading to the Indictment in this case.

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

Mexican National Sentenced for Meth Trafficking in 21-Pound Bust by SD Highway Patrol

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United States Attorney Ron Parsons announced that a man from San Jose, Mexico, who entered the United States and was subsequently apprehended in South Dakota and convicted of Possession with Intent to Distribute Methamphetamine was sentenced on July 31, 2019, by U.S. District Judge Roberto A. Lange.

Heriberto Navarro Ortiz, age 33, was sentenced to 41 months in federal prison, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

“First of all, I want to commend the South Dakota Highway Patrol for its excellent work in apprehending this drug trafficker,” said U.S. Attorney Parsons.  “Most of the meth trafficked in South Dakota and across the United States is produced by violent Mexican drug cartels and smuggled across our southern border.  Federal, State, Local, and Tribal law enforcement authorities are working together to do everything possible to stamp out this poison and hold the traffickers accountable.”

Ortiz was indicted by a federal grand jury on December 4, 2018.  He pleaded guilty on May 3, 2019.

In early November of 2018, Ortiz was hired to travel to the United States and deliver a load of methamphetamine from California to Minnesota.  Using funds provided by his contact, Ortiz flew from Guadalajara, Mexico, to Tijuana, Mexico, and then crossed the border into the United States on foot.  Ortiz’s contact then instructed him to travel to Apple Valley, California, where he picked up a silver Chevrolet Malibu loaded with approximately 21 pounds of packaged methamphetamine, and began heading east.

On November 22, 2018, a Trooper with the South Dakota Highway Patrol stopped Ortiz’s car for speeding on Interstate 90 near mile marker 216.  After obtaining consent to search the vehicle, the Trooper discovered a package containing methamphetamine wrapped in plastic tape beneath the carpet covering a rear wheel well.  A thorough search of the car revealed that it contained nineteen hidden packages weighing approximately 21 pounds.  Six packages were located in the rear wheel well, four were inside of the driver and passenger seat backs, and nine were in the windshield cowling.  The South Dakota Public Health Laboratory determined that the packages contain 8.4 kilograms of pure methamphetamine.  Prior to November 2018, Ortiz had entered the United States at least seven or eight times.

This case was investigated by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Ortiz was immediately turned over to the custody of the U.S. Marshals Service.

Opa-Locka Resident Sentenced to 108 Months in Prison for Drug Trafficking Near an Elementary School

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The defendant used his home for distribution of cocaine and cocaine base a/k/a “crack cocaine”

U.S. District Judge Roy K. Altman sentenced an Opa-Locka resident to serve nine years in prison for drug trafficking within 1,000 feet of a school. 

Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Katherine Fernandez Rundle, State Attorney, Miami-Dade State Attorney’s Office, Ari C. Shapira, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Juan J. Perez, Director, Miami-Dade Police Department (MDPD), made the announcement.

According to the court record, MDPD executed a search warrant at Tavares McCray, 42, residence on June 13, 2018, after two controlled purchases of cocaine from the home. At that time, McCray was found inside of the home with his 15 and 12 year-old daughters, and his two year-old son. Inside of the residence, law enforcement found 169.1 grams of powder cocaine and 33.6 grams of crack cocaine packaged for distribution. The drugs were concealed in a PVC pipe and a false-bottom paint can. Additionally, drug paraphernalia used in the manufacture and distribution of narcotics was found on the kitchen counter and in a kitchen drawer. During the search, a Glock 26 firearm loaded with fifteen rounds of ammunition was found in a women’s purse. McCray had over $2,400, in bundles consistent with the sale of narcotics in his shorts pocket. McCray’s residence was located within 1,000 feet of Nathan B. Young Elementary School.

U.S. Attorney Fajardo Orshan commends the investigative efforts of ATF and the MDPD.  Ms. Fajardo Orshan also thanked the Miami-Dade State Attorney’s Office and Drug Enforcement Administration for their assistance. This case was prosecuted by Special Assistant U.S. Attorney Benjamin A. Gellis from the Miami-Dade State Attorney’s Office and Assistant U.S. Attorney Ajay Alexander.

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 on http://pacer.flsd.uscourts.gov.

Illinois State Senator Indicted for Allegedly Fraudulently Receiving Salary and Benefits from Labor Union

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CHICAGO — A federal grand jury in Chicago has indicted Illinois State Sen. THOMAS E. CULLERTON on embezzlement charges for allegedly fraudulently receiving salary and benefits from a labor union for which he did little or no work.

Cullerton, 49, of Villa Park, is charged with one count of conspiracy to embezzle from a labor union and employee benefit plans, 39 counts of embezzlement from a labor union, and one count of making false statements in a health care matter, according to an indictment returned Thursday in U.S. District Court in Chicago.  Arraignment in federal court has not yet been scheduled.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI; and Irene Lindow, Special Agent-in-Charge of the U.S. Department of Labor’s Office of Inspector General in Chicago.  The government is represented by Assistant U.S. Attorneys Amarjeet S. Bhachu and Abigail Peluso.

According to the indictment, Cullerton was a member of Teamsters Local Union 734 prior to assuming office as an Illinois State Senator.  After his election in November 2012, Cullerton was no longer an eligible participant in Local 734’s health and pension funds.  In March 2013, while Cullerton was serving in the Illinois Senate, the president of Teamsters Joint Council 25 hired him as a purported union organizer.  The full-time, salaried position included benefits from Local 734’s health and pension funds, due to an agreement Joint Council 25 entered into with Local 734 that same month, the indictment states.

The charges allege that for the next three years Cullerton did little or no work as an organizer.  When Joint Council 25 supervisors requested that he perform his job duties, Cullerton routinely ignored them, the indictment states.  From March 2013 to February 2016, Cullerton fraudulently obtained from Joint Council 25 and its members approximately $188,320 in salary, bonuses, and cellphone and vehicle allowances, as well as approximately $64,068 in health and pension contributions, according to the indictment.  Cullerton used the proceeds of the payments to pay personal expenses, such as his mortgage, utilities and groceries, the charges allege.

The indictment alleges that Cullerton also fraudulently obtained approximately $21,678 in reimbursed medical claims from Local 734’s Health and Welfare Fund.  Cullerton submitted or caused to be submitted to medical providers information that made it appear he was a “route salesman” for Local 734, the indictment states.  The false information concealed and covered up the fact that Cullerton was not eligible for participation in the fund since he was not regularly scheduled to work at least 30 hours per week for Local 734, Joint Council 25, or any other employer that participated in the fund, according to the indictment.

The public is reminded that an indictment is not evidence of guilt.  The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  The charges in the indictment are each punishable by up to five years’ imprisonment.  If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.


Montgomery County Doctor Charged with Illegally Prescribing Opioids

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PHILADELPHIA – United States Attorney William M. McSwain announced that Spiro Y. Kassis, M.D., 66, of Plymouth Township, PA, was charged by Information with 14 criminal counts of distributing dangerous and addictive opioids and other controlled substances outside the course of professional practice and without a legitimate medical purpose.

According to the Information, the defendant, who claimed to be a specialist in psychiatry and addiction medicine, operated medical offices in East Norriton Township, PA and Scranton, PA.  Kassis used his offices to operate a prescription “pill mill” whereby he sold medically unnecessary prescriptions for opioids drugs such as oxycodone and burprenorphine, and other controlled substances.  The defendant sold prescriptions to so-called patients for approximately $200 cash each.  At the East Norriton office, Kassis saw approximately 45 “patients” per day, who lined up outside of a back room to the office.  As each person filed in, Kassis collected $200 cash from the patient, counted the money, and then issued the requested prescriptions electronically to the patient’s pharmacy.  Often, the defendant issued dangerous combinations of prescriptions including oxycodone, methadone, and buprenorphine, all to the same patient. 

“My Office is committed to working with our law enforcement partners at all levels to find those responsible for flooding our neighborhoods with these dangerous drugs and bringing them to justice,” said U.S. Attorney McSwain. “I want to thank Montgomery County District Attorney Kevin Steele and his Office for referring this case for federal prosecution and for their cooperation as we bring drug dealers – whether they wear a lab coat or stand on a street corner – to justice.”

“The defendant, Spiro Kassis, may have had the title of doctor but he was simply a drug dealer, peddling addiction by using a prescription pad,” said Montgomery County District Attorney Kevin R. Steele. “Kassis was selling thousands of prescriptions purely to make money. Instead of being a healer and doing no harm, he was a major contributor to the opioid-heroin-fentanyl epidemic that is killing so many people in our communities.”

If convicted, the defendant faces a maximum possible sentence of 250 years in prison.

The case was investigated by the Drug Enforcement Agency; Federal Bureau of Investigation; Health and Human Services – Office of Inspector General; and Montgomery County Detective Bureau’s Narcotics Enforcement Team, and is being prosecuted by Assistant United States Attorney M. Beth Leahy, and Special Assistant United States Attorney James Price who was cross-designated by the Montgomery County District Attorney for this prosecution.  The related civil actions are being handled by Assistant United States Attorney Anthony Scicchitano.

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

Federal Jury Convicts a Pinson Man on Drug and Gun Charges

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A federal jury yesterday convicted a Pinson man of two counts of possession of heroin, methamphetamine, cocaine powder, and cocaine base, also known as “crack” cocaine, with the intent to distribute, and one-count of possession of a gun in furtherance of a drug-trafficking crime, announced U.S. Attorney Jay E, Town and Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris. 

The jury returned its guilty verdict against Deveonte Brown, of Pinson, after two days of testimony before U.S. District Judge Madeline H. Haikala.  Brown will be sentenced on December 18, 2019. 

“This type conviction is the second in two weeks in the Northern District of Alabama,” Town said.  “We will not tolerate criminals who pose a clear threat to our District.  Criminals who plague our streets with drugs and guns will continue to be targets for federal prosecution where the debt to society is full price.  No discounts.  No parole.”

 “Dangerous criminals like Brown need to take notice that DEA and our law enforcement partners will not tolerate their criminal activities,” Morris said.  “Drugs and guns are a deadly combination that often end with violent acts.  Again, today’s verdict should send a resounding message to all drug dealers in Alabama.  We will target you, investigate you, and ensure that you go to prison in order to make our communities safe.”

Evidence at trial proved that on October 6, 2017, Brown left a shoe box containing methamphetamine, heroin, cocaine powder, cocaine base, and a digital scale in his hotel room. Brown later returned to the hotel to retrieve the shoe box.  Fultondale police officers attempted to confront Brown in his vehicle when he fled from police at a high rate of speed. The chase was called off due to Brown’s erratic driving. On October 12, 2017, Brown was found in the passenger seat of a white dodge charger in Pinson.  Brown was sitting on a bag containing over $7,000 and a gun.  Jefferson County Sheriff’s Deputies found a bag with heroin and methamphetamine in the back seat of the car.

The penalty for possessing with intent to distribute is up to 20 years prison.  The possession of a firearm in furtherance of a drug trafficking crime carries an additional sentence of 5 years that cannot be run concurrently with the drug sentence.

The Drug Enforcement Administration investigated the case.  Assistant United States Attorneys Blake Milner and Greg Dimler prosecuted the case. 

Atlanta Man Sentenced to Almost 20 Years in Federal Prison for Trafficking Methamphetamine

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Gulfport, Miss. – Jose Antonio Castillo, 44, of Atlanta, Georgia, was sentenced yesterday by Senior U.S. District Judge Louis Guirola, Jr. to 235 months in federal prison, followed by 5 years of supervised release, for conspiring to possess with intent to distribute 500 grams or more of methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Jere T. Miles with Immigration and Customs Enforcement’s Homeland Security Investigations ("HSI") in New Orleans. Castillo was also ordered to pay a $20,000 fine.

In late 2017, HSI agents in Gulfport began investigating Castillo’s drug trafficking organization. Based on numerous sources of information, agents determined that Castillo was supplying at least three individuals on the Mississippi Gulf Coast with methamphetamine. Those three individuals would travel to Atlanta, Georgia, and meet Castillo at an automotive shop where he worked. Castillo would provide pound quantities of methamphetamine to these individuals in exchange for money. The individuals purchasing the methamphetamine from Castillo would then bring that meth back to the Mississippi Gulf Coast and sell it.

In July 2018, local HSI agents traveled to Atlanta and arrested Castillo. At the time of his arrest, Castillo had over 800 grams of methamphetamine in his car. Agents also executed search warrants at Castillo’s home and the automotive shop.

To date, the United States Attorney’s Office for the Southern District of Mississippi has prosecuted seven individuals involved in Castillo’s drug trafficking organization. All seven of those individuals have pled guilty.

The case was investigated by Homeland Security Investigations in Gulfport, Homeland Security Investigations in Atlanta, and the Georgia Highway Patrol. It was prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.

 

Pascagoula Man Sentenced to Over 10 Years in Federal Prison for Methamphetamine Trafficking

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Gulfport, Miss. – Tyron Jerrod Nelson, 35, of Pascagoula, was sentenced yesterday by Senior U.S. District Judge Louis Guirola, Jr. to 128 months in federal prison, followed by 5 years of supervised release, for conspiring to possess with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Drug Enforcement Administration Special Agent in Charge Bradford L. Byerley. The defendant was also ordered to pay a $7,500 fine.

On March 2, 2016, DEA agents executed a criminal search warrant at Nelson’s home, with Nelson present, wherein DEA agents seized 902 grams of Methamphetamine (ICE), 27 grams of Cocaine, MDMA, and approximately 117 pounds of Marijuana.

Further investigation revealed that, in March 2017, Nelson had traveled to Houston, Texas and purchased a kilogram of methamphetamine. Nelson brought the methamphetamine back to Pascagoula, Mississippi, for further distribution. The individual who sold the methamphetamine to Nelson in Texas was ultimately prosecuted in the Southern District of Mississippi and he corroborated the information uncovered during the investigation. Further investigation revealed that Nelson had also sold multiple kilograms of methamphetamine in December 2017 in both Gulfport, Mississippi, and New Orleans, Louisiana.

DEA agents arrested Nelson in Gulfport, and during the execution of a search warrant at the residence where Nelson was located, DEA agents seized over $160,000.00 hidden in the attic. Nelson admitted to parts of the bulk currency being comprised of funds derived from the illicit sale of narcotics.

The case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.

Dallas County Man Sentenced to 24 Months for Possession of a Firearm After Conviction of a Felony

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United States Attorney Richard W. Moore of the Southern District of Alabama announced that James Thomas, a 28 year old resident of Selma, Alabama was sentenced to 24 months of incarceration for possession of a CZ, .40 caliber pistol.

On April 19, 2019, Thomas pled guilty pursuant to a plea agreement and admitted in open court that on December 19, 2019, a Selma, Alabama police officer conducted a traffic stop of a Nissan Altima being driven by Thomas that had no tag displayed.  As the officer approached the vehicle, he could smell marijuana coming from the car and could see passengers inside the vehicle with Thomas.  The officer asked for and received Thomas’s driver’s license. Thomas said that he had just purchased the vehicle and did not have insurance.  The officer returned to his vehicle to run a check on Thomas’ license and to wait for the additional officers he radioed for after he smelled marijuana.  When the additional officers arrived, the original officer asked Thomas to exit his vehicle and he did.  The officer next asked Thomas if there were any weapons inside the vehicle.  Thomas responded saying that there were no weapons inside the vehicle and gave verbal consent to search it.  During the search, police found a large cookie jar containing marijuana. Officers also found a CZ, model CZ75B, .40 caliber pistol under the front seat.   Thomas knowingly possessed the firearm.  An additional quantity of marijuana was seized from a passenger’s sock.    

At the time of the traffic stop, Thomas has been previously convicted of a felony, namely, Manslaughter, on July 26, 2013, in the Circuit Court of Dallas County, Alabama, case number CC-2012-000029.  Because of this felony conviction, Thomas was prohibited from possessing a firearm.  As part of his plea, Thomas forfeited any and all interest in the CZ, model CZ75B, .40 caliber pistol. He also forfeited any and all interest in a Taurus, model PT-25, .25 caliber pistol, seized from the vehicle he was driving on January 19, 2019.

Officers of the Selma, AL Police Department, deputies of the Dallas County Sheriff’s Office and special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution.  The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.

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