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New England HIDTA Recognized for Investigative Excellence

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BOSTON – The New England High Intensity Drug Trafficking Area (HIDTA) was recognized on Thursday, Feb. 9, 2017, with the National HIDTA of the Year Award for its outstanding work in reducing drug trafficking in the region.

 

“The New England HIDTA has been instrumental in disrupting the flow of dangerous drugs in the region,” said Acting United States Attorney William D. Weinreb. “Their work is unquestionably demanding, dangerous and at times thankless, but through their dogged determination communities across New England are safer places for children and families to call home. I hope this award validates their hard work and reaffirms their commitment in these challenging times. Congratulations to the leadership and each member of the NEHIDTA team.”

 

“New England HIDTA is both honored and humbled to be recognized as HIDTA of the year for 2016,” said Jay Fallon, Executive Director of New England HIDTA. “This award serves to honor the efforts of all entities affiliated with the HIDTA Program. We will continue to address the burgeoning drug threat in New England holistically with our partners in law enforcement, treatment, prevention and education.”

 

In 2015, the New England HIDTA disrupted or dismantled 170 drug trafficking organizations (DTOs) and 19 money laundering organizations (MLOs). This represents 6% of all DTOs and 10% of all MLOs disrupted or dismantled nationwide. In addition, in 2015, the New England HIDTA trained more than 3,400 students, supported more than 12,000 de-conflictions, and provided analytical support to nearly 400 cases.

 

The New England HIDTA has also championed innovative and progressive approaches to law enforcement and counterdrug policy. The HIDTA’s SCOPE of Pain initiative, conducted in collaboration with Boston University School of Medicine, has become a model for public health and public safety partnerships to combat the opioid epidemic. The New England HIDTA also is recognized as one of the founding members of the HIDTA Heroin Response Strategy, which now encompasses eight regional HIDTAs and 20 states.

 

The New England HIDTA and its leadership have also been reliable and trusted partners to the White House Office of National Drug Control Policy (ONDCP) and to the entire National HIDTA Program. They frequently host events in collaboration with ONDCP leadership and support the implementation of the National Drug Control Strategy priorities throughout the New England region.

 

The HIDTA program, created by Congress through the Anti-Drug Abuse Act of 1988, facilitates cooperation and intelligence sharing between federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States. There are currently 28 HIDTAs, which include approximately 16% of all counties in the United States and 60% of the U.S. population. The New England HIDTA was designated in 1999 to eliminate DTOs and improve efficiency and effectiveness of law enforcement. For more information on the New England HIDTA, visit their website.


Plattsburgh Man Charged in Fatal Heroin Overdose

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PLATTSBURGH, NEW YORK – Thomas A. Burnell, age 34, of Plattsburgh, New York, was charged today with distributing heroin resulting in another person’s death.

 

The announcement was made by United States Attorney Richard S. Hartunian, Plattsburgh Acting Chief of Police Michael Branch, and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).

 

Burnell is detained pending a detention hearing before Magistrate Judge Gary L. Favro on February 14, 2017.

 

Burnell has been incarcerated since January 18, 2016, on state charges arising out of the same allegations charged in the federal complaint. According to the criminal complaint, on January 16, 2016, Burnell sold heroin to a man identified as “J.G.” who died later that night. The cause of death was an opiate overdose.

 

The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.

 

If convicted of the offense of distributing heroin resulting in death, Burnell faces at least 20 years and up to life in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

 

This case was investigated by the Plattsburgh Police Department and the DEA, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.

Two Members of Multi-State Drug Trafficking Organization Sentenced on Thursday

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Contact Person: Andy Moorman (864) 282-2100

Columbia, South Carolina --- United States Attorney Beth Drake announced that two members of a large, multi-state drug trafficking organization were sentenced on Thursday, February 9, 2017, in federal district court. Mister T. Crocker, age 36 from Columbia, and Lashaun Fair, age 37 from Anderson, were members of a drug trafficking organization that operated for approximately 13 years in multiple states, including South Carolina, Louisiana, Alabama, Georgia, and Texas. During the course of the conspiracy, members of the conspiracy distributed millions of dollars’ worth of cocaine, crack cocaine, and marijuana.

 

Assistant U.S. Attorney Andy Moorman, lead Organized Crime and Drug Enforcement Task Force (OCDETF) Attorney, was the lead prosecutor. OCDETF is a program administered by the Department of Justice that targets large scale, multi-state drug trafficking organizations.

 

Moorman told the Court during proceedings involving Crocker and Fair about their respective roles in the conspiracy. According to Moorman, Crocker was arrested on July 1, 2014, with co-defendant Kelvin Fulton after purchasing approximately 180 grams of cocaine from co-defendant Walter Lee in Anderson, South Carolina. Fair was a significant cocaine distributor in Anderson, South Carolina, whom federal agents observed leaving a home in Anderson on November 3, 2014, after purchasing a kilogram of cocaine from the organization’s source of supply, who lived in Atlanta, Georgia.

 

The Court sentenced Crocker to 30 months imprisonment and Fair to 60 months imprisonment for their respective roles in this organization.

 

The Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, the Anderson County Sheriff’s Office, the Anderson Police Department, the Greenville County Sheriff’s Office, the Greenville Department of Public Safety, the Cherokee County Sheriff’s Office, the South Carolina Highway Patrol, the Richland County Sheriff’s Office, the South Carolina Law Enforcement Division, the Franklin County (GA) Sheriff’s Office, and the Douglas County (GA) Sheriff’s Office investigated the case.

 

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Pair Sentenced to Fifteen Years in Federal Prison for Drug Trafficking

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Hot Springs, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Alicia Bucy, age 60, of Hot Springs and Peaches Marie Herrick, age 40, of Kaufman, Texas, were sentenced today on one count each of Conspiracy to Distribute Methamphetamine. Bucy was sentenced to 87 months in federal prison followed by 3 years of supervised release and Herrick was sentenced to 97 months in federal prison followed by 3 years of supervised release. The Honorable Susan O. Hickey presided over the sentencing hearings in the United States District Court in Hot Springs.

According to court records, on October 20, 2015, members of the 18th Judicial East Drug Task Force executed a search warrant at the residence of Alicia Bucy where two prior controlled purchases of methamphetamine had been made. That residence is located in Royal, Arkansas, which is in the Western District of Arkansas. During the search, officers located a U.S. Postal Express parcel in the washing machine in the laundry room containing 170 grams of a substance which field tested positive for methamphetamine. The package label revealed that it was sent from Nacogdoches, Texas on October 15, 2015 and that it had arrived at Bucy’s residence on October 19, 2015. Through further investigation, it was learned that Peaches Herrick, who lived in Nacogdoches, had sent the parcel containing the drugs. Bucy waived her Miranda rights and gave a verbal statement to investigators stating that she had been distributing meth in the Hot Springs area for several years. She stated that she knew meth was in the mail parcel and that she had hid it in the washing machine. An examination of one of her cell phones revealed a text message which had been sent to co-conspirator, Peaches Herrick, discussing the shipment of the methamphetamine.

Bucy and Herrick were both named in a federal indictment in December, 2015. Bucy pleaded guilty in March, 2016 and Herrick pleaded guilty in February, 2016.

“We will continue to work together with our law enforcement partners to keep drugs out of our communities,” said Special Agent in Charge of HSI New Orleans Raymond R. Parmer, Jr. “Disrupting the flow of illegal drugs coming into our country continues to be one of our top priorities.”

Parmer is the special agent in charge of the New Orleans field office of HSI with responsibility for Arkansas, Alabama, Louisiana, Mississippi and Tennessee.

This case was investigated by Homeland Security Investigations, the Hot Springs Police Department, and the 18th Judicial Drug Task Force. Assistant United States Attorney David Harris prosecuted the case for the United States.

 

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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov

Jury Convicts Buckeye Lake Man of Receiving, Possessing Child Pornography While on Supervised Release

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COLUMBUS, Ohio – A United States District Court jury convicted Joshua D. Chapman-Sexton, 31, of Buckeye Lake, Ohio, of all counts, which include receipt and possession of child pornography. Chapman-Sexton had been previously convicted of similar federal charges in 2010 and had been released from prison after serving his sentence. He was on supervised release when he committed the new offenses.

 

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Westerville Police Chief Joe Morbitzer, Buckeye Lake Police Chief Jimmy Hanzey and members of the FBI’s Child Exploitation Task Force announced the verdict reached yesterday evening, which was returned following a trial that began on February 6 before U.S. District Judge Algenon L. Marbley.

 

According to court documents and testimony, a thumb drive in Chapman-Sexton’s Playstation contained more than 700 images of children engaged in sexual activity.

 

Despite the defendant’s claim that he had been set up and the child pornography was planted on the device when it was stolen on February 28, 2016, forensic evidence revealed that the child pornography had been downloaded continuously from July 2014 until February 27, 2016.

 

Chapman-Sexton was indicted by a federal grand jury of two counts of receipt of child pornography and one count of possession of child pornography on July 21, 2016.

 

Receipt of child pornography in this case is punishable by a range of 15 to 40 in prison per count because of Chapman-Sexton’s prior conviction. Likewise, because of the prior conviction, possession of child pornography in this case includes a potential maximum sentence of 20 years in prison.

 

This case was prosecuted by Assistant United States Attorneys Heather A. Hill and Jessica W. Knight. It was investigated by FBI’s Child Exploitation Task Force.

Local Businessman Pleads Guilty in $70 Million Ponzi Scheme

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DAYTON – William M. Apostelos, 55, formerly of Springboro, Ohio, pleaded guilty in U.S. District Court today to charges related to a $70 million Ponzi scheme that defrauded nearly 500 victims. Specifically, Apostelos pleaded guilty to conspiracy to commit wire and mail fraud and conversion of funds from an employee benefit fund.

 

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio; Troy N. Stemen, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office; Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI); Christopher White, Assistant Inspector in Charge, U.S. Postal Inspection Service; James Vanderberg, Special Agent in Charge, U.S. Department of Labor Office of Inspector General; Joe Rivers, Regional Director of the U.S. Department of Labor Employee Benefits Security Administration; and Brian Peters, Enforcement Attorney, Ohio Department of Commerce Division of Securities, announced the plea entered into today before U.S. District Judge Thomas M. Rose.

 

Apostelos and his wife, Connie, also known as Connie Coleman, were indicted in October 2015. According to court documents, beginning in 2009, and continuing for at least five years, the couple and others orchestrated a Ponzi scheme in the Dayton area in which nearly 480 investors lost more than $20 million collectively. Apostelos received $70 million in investment funds in total.

 

William Apostelos operated and oversaw multiple purported investment and asset management companies in the Dayton area, including WMA Enterprises, LLC, Midwest Green Resources, LLC and Roan Capital. He falsely reported that he held a degree in mathematics and was a registered securities broker.

 

Connie Apostelos also operated and oversaw multiple companies in the Dayton area, including Coleman Capital, Inc. and Silver Bridle Racing, LLC. These companies were allegedly operated through improper use of investor funds to William Apostelos’ companies.

 

The couple recruited investors from 37 states to invest in WMA and Midwest Green, telling the investors that their money would be used for acquiring stocks or securities, purchasing real estate or land, providing loans to business and buying gold and silver.

 

Rather than investing the money, the couple used it to pay for personal luxuries. According to court documents, William Apostelos was spending $35,000 per month on his wife’s horse racing company and $400 per month on Victoria’s Secret lingerie.

 

When the defendants became late on interest payments to the victims, they advised that their bank account had been hacked, a bank mistakenly failed to wire payment and/or the deal the victim had invested in was temporarily on hold.

 

The government has seized two race horses, vehicles, jewelry, artwork and cash totaling approximately $650,000 from the couple.

 

“William Apostelos took advantage of nearly 500 people, defrauding them of honestly earned money, in order to fuel his own lavish lifestyle,” U.S. Attorney Glassman said. “We will hold schemers like Apostelos accountable for their actions.”

 

“The investigation of William Apostelos uncovered a multi-million dollar Ponzi scheme laced with a web of financial lies that left approximately 500 investors in financial peril,” said Troy N. Stemen, Acting Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “When you knowingly mix deceit and trickery into the financial well-being of individuals, you create a recipe for devastation that could last a lifetime. Combining the financial investigative expertise of the IRS with the skills and resources of our law enforcement partners and the U.S. Attorney’s Office makes a formidable team for combating major, greed-driven crimes.”

 

“William Apostelos engaged in an extensive fraud scheme that impacted hundreds of victims, including American workers who lost approximately $1.9 million in ERISA covered pension assets. We will continue to work with our law enforcement partners to safeguard employee benefit plan assets," stated James Vanderberg, Special Agent-in-Charge of the Chicago Regional Office of the United States Department of Labor, Office of Inspector General.

 

William Apostelos pleaded guilty to conspiracy to commit mail and wire fraud and theft or embezzlement from an employee benefit plan. As part of his plea agreement, the parties involved have recommended to the court a sentence of 180 months in prison. That sentencing recommendation will be considered by the Judge at a future sentencing hearing, which has yet to be scheduled.

 

Steven Scudder, 62, of Centerville, an attorney who served as trustee of the WMA Trust, pleaded guilty in U.S. District Court on January 19 to wire fraud, admitting that he used his position as an attorney to facilitate the fraudulent investment scheme.

 

U.S. Attorney Glassman commended the investigation of this case by law enforcement, and Assistant United States Attorney Brent G. Tabacchi and Deputy Criminal Chief Laura Clemmens, who are prosecuting the case.

Five Charged In Steroid Distribution Conspiracy

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Jacksonville, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Donald McCloud Long (50), Sarah Ann Long (33), Armando F. Aman (37), all of Jacksonville, and Shelby Travis Phillips (26, Savannah, GA) with conspiracy to manufacture, distribute and possess with the intent to distribute, anabolic steroids. Taylor Salvione (25, Gloversville, NY) was also charged separately for the same offense. If convicted, each faces a 10-year term of imprisonment and a $500,000 fine.

 

According to the indictment, from in or about December 2013, through on or about September 27, 2016, the defendants conspired to manufacture, distribute, and possess with intent to distribute anabolic steroids, a Schedule III controlled substance. Salvione is charged with participating in the conspiracy from March 2015 through April 2016.

 

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

 

These cases were part of Operation Total Package, led by the Drug Enforcement Administration (DEA). It was a collaboration among the DEA, the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Postal Inspection Service, the U.S. Customs and Border Patrol, the Jacksonville Sheriff’s Office, the Jacksonville Beach Police Department, the Green Cove Springs Police Department, the Internal Revenue Service – Criminal Investigation, and the U.S. Anti-Doping Agency. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.

Manatee County Probationer Sentenced To More Than Six Years For Possessing A Firearm

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Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Pedro Garcia (34, Manatee County) to six years and six months in federal prison for knowingly possessing a firearm as a convicted felon. The Court also ordered him to forfeit the firearm and ammunition involved in the offense.

Garcia was found guilty on November 2, 2016.

 

According to court documents, on November 9, 2015, various law enforcement authorities conducted a compliance search relating to a state conviction at Garcia’s residence, pursuant to the terms of Garcia’s probation. During the search, officers found a loaded Ruger, 9mm pistol, various types of 9mm and .45 caliber ammunition, and drug paraphernalia. As a convicted felon, Garcia is prohibited from possessing a firearm or ammunition under federal law.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Florida Department of Corrections Probation & Parole Field Service Office, and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kaitlin R. O’Donnell.

 

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

 


Bradenton Man Sentenced To Ten Years For Possessing A Loaded Firearm And Heroin

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Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Brandon Williams (31, Bradenton) to 10 years in federal prison for possessing a firearm and ammunition as a convicted felon, and knowingly possessing heroin with an intent to distribute. The Court also ordered him to forfeit the firearm and ammunition involved in the offense.

 

Williams was found guilty by a federal jury on November 10, 2016.

 

According to court documents, on June 13, 2015, Williams possessed a firearm and heroin. The firearm was loaded with nine rounds of .40 caliber ammunition. A law enforcement aviation unit observed Williams attempting to discard the firearm and heroin as officers arrived at the scene on foot. As a previously convicted felon, Williams is prohibited from possessing a firearm or ammunition under federal law.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Carlton C. Gammons.

 

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

Twelve Current And Former Tsa And Airport Employees Indicted For Smuggling Approximatley 20 Tons Of Cocaine

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SAN JUAN, Puerto Rico – On February 8, 2017, a federal grand jury in the District of Puerto Rico returned a superseding indictment against twelve defendants charged with conspiracy to possess with intent to distribute cocaine, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico.

 

During the course of the conspiracy, the defendants smuggled suitcases, each containing at least 8 to 15 kilograms of cocaine, through the TSA security system at the Luis Muñoz Marín International Airport (LMMIA). Sometimes as many as five mules were used on each flight, with each mule checking-in up to two suitcases. From 1998 through 2016, the defendants helped smuggle approximately 20 tons of cocaine through LMMIA.

 

Six current and former TSA employees, José Cruz-López, Luis Vázquez-Acevedo, Keila Carrasquillo, Carlos Rafael Adorno-Hiraldo, Antonio Vargas-Saavedra, and Daniel Cruz-Echevarría allegedly smuggled multi-kilogram quantities of cocaine while employed as TSA Officers at the San Juan airport. Their full time responsibilities were to provide security and baggage screening for checked and carry-on luggage that was to be placed on outbound flights from the LMMIA. During the duration of the conspiracy, these TSA employees smuggled multi-kilogram quantities of cocaine through the TSA X-Ray machines within LMMIA and onto airplanes without detection.

 

According to the superseding indictment, defendants Edwin Francisco Castro, Luis Vázquez-Acevedo and Ferdinand López became facilitators between the drug trafficking organizations and the TSA employees who smuggled the cocaine into the airplanes. Defendant Miguel Ángel Pérez-Rodríguez, who worked for the airport security company, was a source of supply of cocaine to the drug trafficking organization.

 

Defendant Javier Ortiz began assisting drug trafficking organizations as an employee of Airport Aviation Services (AAS) as a baggage handler/ramp employee. During the time of the conspiracy Ortiz used to pick up suitcases he knew contained cocaine from the mules at the airline check-in counter. Ortiz would then place the suitcases into the X-Ray machines being monitored by the TSA drug trafficking organization members, who cleared the suitcases. After the suitcases had been cleared by TSA members, Ortiz took the suitcases to their designated flight, making sure no narcotic K-9 unit or law enforcement personnel were present when the suitcase went from the checkpoint to the airplane. Once the suitcases were loaded into the airplane, defendant Ortiz would make a phone call to a drug trafficking organization member indicating the all clear and the mules would then board the airplane. Ortiz also paid the TSA employees for clearing the suitcases through TSA security.

 

Defendant Tomas Dominguez-Rohena assisted the drug trafficking organization by taking the suitcases he knew contained cocaine after they had been cleared by TSA members or smuggled passed security to their designated flight. Defendant José Gabriel López-Mercado was a mule for the criminal organization.

 

“These individuals were involved in a conspiracy to traffic massive quantities of illegal narcotics to the continental United States,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “These arrests demonstrate the success of the AirTAT initiative, which has successfully allocated a dedicated group of state and federal law enforcement officers, whose mission is to ensure that our airports are not used in the drug traffickers’ illicit businesses.”

 

“This investigation was initiated by TSA as part of its efforts to address employee misconduct and specific insider threat vulnerabilities. TSA has zero tolerance for employees engaged in criminal activity to facilitate contraband smuggling,” said José Baquero, Federal Security Director, PR and USVI.

 

The Transportation Security Agency (TSA) and the Drug Enforcement Agency (DEA) are in charge of the investigation with the collaboration of the Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI), the Federal Bureau of Investigation (FBI), the U.S. Marshals and the Police of Puerto Rico.

 

Assistant U.S. Attorney Stuart J. Zander is in charge of the prosecution of the case, under the supervision of Assistant U.S. Attorney Julia Díaz-Rex, Deputy Chief of the International Narcotics Unit. If convicted the defendants face a minimum sentence of 10 years up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.

 

This case is part of the ongoing efforts of the Airport Investigations and Tactical Team (AirTAT). Originating in January 2015, AirTAT is a multi-agency initiative created to identify, locate, disrupt, dismantle, and prosecute Domestic and Transnational Criminal Organizations (DTCOs) and its operatives using the LMMIA, the Fernando Luis Rivas Dominicci Airport (the Isla Grande airport), and peripheral airports as platforms to smuggle narcotics, weapons, human cargo, counterfeit documents, illicit proceeds, and others. These airports play a strategic role for DTCOs to conduct contraband smuggling activities inbound and outbound to the continental US as well as internationally.

Four People Charged Federally for Bank Robbery Conspiracy Using Hoax Bomb

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BIRMINGHAM –Four people involved in a conspiracy to rob a bank by placing a hoax bomb at an elementary school to divert police were in federal court last week after their January indictment was unsealed, announced Acting U.S. Attorney Robert O. Posey and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Steven L. Gerido.

A four-count indictment filed Jan. 25 in U.S. District Court charges ZACHARY EDWARDS, 35, RALPHEL MAURIE EDWARDS, 34, QUINESE NICOLE NICHOLS, 30, AND WENDELL ROY NICHOLS JR., 27, all of Birmingham, with conspiring in November to take money from a BBVA Compass Bank in Trussville by “force, violence, and intimidation.” The indictment also charges Zachary Edwards and Quinese Nichols with conspiring on Nov. 16 in Jefferson County to carry a firearm in furtherance of a crime of violence, that being bank robbery. The indictment further charges Zachary Edwards with two counts of being a convicted felon in possession of a firearm – a Ruger 9mm semi-automatic pistol on Nov. 16, and a Mossberg 12-gauge shotgun on Nov. 21.

Zachary Edwards was convicted in Jefferson County Circuit Court in April 2000 of assault, first degree, and discharging a firearm into an occupied dwelling, according to the indictment.

Zachary and Ralphel Edwards, who lived together but are not related, are both in the Jefferson County Jail on unrelated charges and are scheduled for arraignment in federal court on Thursday. Quinese and Wendell Nichols, who are siblings, turned themselves in to U.S. Marshals Friday and both were released on bond following court hearings.

The defendants carried out the conspiracy as follows, according to the indictment:

In early November, Zachary and Ralphel Edwards and Quinese Nichols discussed plans to rob a bank. Soon thereafter, Zachary and Ralphel Edwards obtained a cardboard box, a stopwatch, strands of wire, gunpowder, Play-Doh and duct tape, which Zachary Edwards used to construct a hoax explosive device. On Nov. 16, Zachary Edwards and Quinese Nichols drove to Magnolia Elementary School in Trussville, where Zachary Edwards placed the hoax device on the hood of a truck in the school’s parking lot. He then called 911 and, while disguising his voice, falsely reported to Trussville Police that he had just seen a Hispanic male place a suspicious package on a vehicle at the school.

Armed with the Ruger pistol, the two then drove to a parking lot near the Compass Bank on Chalkville Mountain Road, which they had visited two days earlier to familiarize themselves with the location. Ralphel Edwards and Wendell Nichols were parked nearby in separate vehicles to serve as lookouts for their co-conspirators.

Zachary Edwards and Quinese Nichols left Trussville without attempting to rob the bank after seeing what they believed to be a police officer close to where they were parked near the bank.

The maximum penalty for the bank robbery conspiracy is five years in prison and a $250,000 fine. The maximum penalty for conspiracy to possess a firearm during a violent crime is 20 years in prison and a $250,000 fine, and the maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine.

The ATF investigated the case in conjunction with Trussville Police. Assistant U.S. Attorneys William G. Simpson and Michael A. Royster are prosecuting the case.

An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.

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New Jersey Man Guilty of Wethersfield Warehouse Robbery

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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that a federal jury in New Haven has found ANDREW ORECKINTO, 52, of Matawan, New Jersey, guilty of stealing more than 8,000 cartons of cigarettes from a Wethersfield warehouse in March 2011.

The trial before U.S. District Judge Jeffrey A. Meyer began on February 6 and the jury returned its verdict this morning.

According to the evidence introduced during the trial, at approximately 7:00 a.m. on March 20, 2011, Wethersfield Police responded to an open garage door complaint at New Britain Candy, a business and warehouse located at 24 Maple Street in Wethersfield.  The business distributes items to convenience stores in Connecticut and neighboring states.  A glue-like substance had been forced into the front door lock causing it to be inoperable, exterior surveillance camera wires and a phone line had been cut, and alarm panels and speakers had been disabled.  Approximately 8,012 cartons of cigarettes, as well as a pallet jack, were missing from the warehouse.  The stolen cigarettes had a wholesale value of approximately $300,000 and a retail value of approximately $500,000.

One individual, subsequently identified as ORECKINTO, was seen on video surveillance footage.  He was dressed in a black hooded sweatshirt, dark pants, black gloves, a black face mask, and wore a headband light around his head.

Prior to the burglary, ORECKINTO had stolen a white box truck from a business in Hartford.  The day after the burglary, the truck was found near a commercial construction site in Stamford.  The stolen pallet jack was recovered from the cargo area of the truck.

The investigation included extensive analysis of prepaid cellphones and cell tower information.  Examination of the call history of ORECKINTO’s prepaid phone ultimately led investigators to several other prepaid phones that had been used in multiple commercial burglaries in Connecticut, New York, New Jersey and Pennsylvania.  ORECKINTO previously was convicted of two of these other burglaries, including a burglary that occurred at a Waldbaum’s Supermarket in Rockville Centre, N.Y., overnight on December 31, 2010 and January 1, 2011, and a commercial warehouse burglary in Florham Park, N.J., on April 28, 2008, during which $100,000 worth of copper was stolen.  ORECKINTO was sentenced to a term of imprisonment for both of these burglaries.

At the time of ORECKINTO’s arrest for the New Jersey burglary, a search of his car revealed a list of licensed cigarette distributors in the State of Connecticut that had been printed from the Connecticut Department of Revenue Services web site.  The list, which included the New Britain Candy warehouse in Wethersfield, also contained several handwritten notations next to many of the businesses, at least three of which also have been burglarized.

The jury found ORECKINTO guilty of one count of theft from an interstate shipment, an offense that carries a maximum term of imprisonment of 10 years. Judge Meyer scheduled sentencing for May 8, 2017.

This investigation has been conducted by the Wethersfield Police Department and the Federal Bureau of Investigation, with the assistance of the Nassau County Police Department and the Florham Park (N.J.) Police Department.  The case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.

Texas Man Guilty Of Interference With Flight Attendant

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HONOLULU – A federal jury today found William Clark Turner, 53, of Kemp, Texas, guilty of one count of interference with a flight attendant. The verdict followed a four-day jury trial. Sentencing is scheduled for June 5, 2017, before Senior District Judge Susan Oki Mollway.

Florence T. Nakakuni, United States Attorney, said that according to information produced in court, on March 14, 2016, Turner, a physician, was flying on American Airlines from Dallas-Fort Worth International Airport non-stop to Maui, when he interfered with the ability of the flight attendant to perform her duties. According to witness testimony, Turner was threatening and verbally abusive toward other passengers, diverting a flight attendant from her normal duties to manage the situation. When Turner’s actions were communicated to the pilot, he placed the cockpit in lockdown, locking the doors for the duration of the flight so that no one could enter or exit the cockpit.

Turner faces a maximum term of imprisonment of 20 years. The jury also found him not guilty of two counts of simple assault.

The investigation was led by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorneys Margaret Nammar and Jill Otake.

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Civilian Army Police Officer Pleads Guilty To Armed Bank Robbery

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Baltimore, Maryland – Alan Kemp, age 38, of District Heights, Maryland, pleaded guilty today to armed bank robbery and to using a firearm in relation to a crime of violence. Kemp was employed as a civilian police officer by the Department of the Army at Fort Myer in Arlington, Virginia, at the time of the crime.

 

The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Gary Gardner of the Howard County Police Department.

 

According to the information presented by the government at today’s plea hearing, on August 26, 2016, Kemp entered a bank in the 8400 block of Baltimore National Pike in Ellicott City wearing all black, a mask over his mouth, glasses over his eyes, black gloves, and a Baltimore Ravens hat, and was carrying a loaded black and tan handgun. Kemp pointed the gun at the teller and demanded money. The teller set the cash box on the counter and backed up, as Kemp had ordered. Kemp took the money and placed it in a black trash bag. Detectives were able to track Kemp to the intersection of Thunder Hill and Twin Knolls Roads, where they saw him walk out of the woods and get into a vehicle. Police stopped the vehicle and Kemp was arrested and searched. An empty brown leather holster was found on Kemp’s waistband. In the woods nearby police found a cooler which contained the black trash bag with the money in it. Subsequent investigation identified Kemp’s fingerprints inside the cooler. The gun was found in the trunk of Kemp’s car, unsecured. The gun was loaded with 12 rounds in the magazine and a round in the chamber.

 

Kemp faces a maximum sentence of 25 years in prison for armed bank robbery, and a mandatory minimum sentence of five years, consecutive to any other sentence, and up to life in prison for using a firearm in relation to a crime of violence. U.S. District Judge George L. Russell III has scheduled sentencing for May 12, 2017, at 2:00 p.m.

 

United States Attorney Rod J. Rosenstein commended the FBI and Howard County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Aaron S. J. Zelinsky, who is prosecuting the case.

Plantation Physician and Physician Practice to Pay $750,000 to Resolve False Claims Act Allegations Involving Medically Unnecessary Sinus and Throat Procedures

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     Dr. Paul B. Tartell, an ENT physician practicing in Plantation, Florida and his practice Paul B. Tartell, M.D., P.L., have agreed to pay $750,000 to resolve allegations that he violated the False Claims Act by billing for surgical endoscopies with debridement and laryngeal stroboscopies that were not provided or not medically necessary.

     Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Scott Rezendes, Special Agent in Charge, U.S. Office of Personnel Management, Office of Inspector General (OPM-OIG), made the announcement today.

     “We remain deeply committed to holding individual health care providers accountable for exploiting federal health care programs,” said Wifredo A. Ferrer, United States Attorney for the Southern District of Florida. “Physicians who bill for unnecessary services and services that were never provided put their own desire for personal profit ahead of their oath to provide safe and essential patient care. Doctors engaged in this conduct violate their patients’ trust and deprive federal health care programs of resources intended to provide care for the elderly, sick, and impoverished.”

The settlement announced today resolves allegations originally brought by Theodore Duay, a former patient of Dr. Tartell. Mr. Duay filed a complaint under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government and receive a share of any recovery. The False Claims Act authorizes the United States to intervene in such lawsuits and take over primary responsibility for litigation. Mr. Duay will receive $135,000.

Mr. Duay alleged that Dr. Tartell routinely performs diagnostic endoscopies on patients but bills these diagnostic procedures as more expensive and intrusive surgical debridements. Surgical debridements are a specialized procedure frequently performed following sinus surgery involving the transnasal insertion of an endoscope and parallel insertion of various instruments to remove postsurgical crusting, bone or tissue deposits. It may also be used to remove crusts and debris in patients with longstanding chronic sinusitis who have undergone surgery in the past.

In addition to the allegations regarding surgical debridements, the settlement also resolves the United States’ allegations that Dr. Tartell systematically billed federal health benefit programs, in particular, Medicare and the Federal Employment Health Benefits Program, for claims arising from laryngeal video stroboscopies that were not performed or were not medically necessary.

“When physicians and their practices bill for services not provided or not medically necessary it undermines the public’s trust in medical institutions and the financial integrity of federal health care programs,” said Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services Office of Inspector General. “Our agents and lawyers will aggressively pursue those who exploit taxpayers, patients, and government health programs.”

“This case demonstrates the FBI’s commitment to use all legal means available, including the False Claims Act, to pursue individuals who compromise the federal health care system for their own profit,” said George L. Piro, Special Agent in Charge, FBI Miami. “The FBI and our law enforcement partners are committed to investigating fraud schemes that divert taxpayer dollars away from those in need of care.”

“Today’s settlement is a reminder that fraud against the Federal Employees Health Benefits Program will not be tolerated,” said OPM Special Agent in Charge Rezendes. “I would like to thank the OPM OIG criminal investigators and our law enforcement partners for their fine work in protecting not only the health and wellbeing of FEHBP enrollees, but also the financial integrity of the program.”

The investigation of Dr. Tartell reflects a coordinated effort among the U.S. Attorney’s Office for the Southern District of Florida, the Department of Health and Human Services’ Office of Inspector General, the Federal Bureau of Investigation, and the United States Office of Personnel Management Office of the Inspector General along with the Florida Blue Special Investigative Unit. The investigation and settlement were handled by Assistant United States Attorney Jessica E. Elliott.

The case is captioned United States ex rel. Duay v. Paul B. Tartell, M.D. et al., No. 14-23954-Civ-Altonaga (S.D. Fla.). The claims settled by the lawsuit are allegations only and there has been no determination of liability.

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.


Roanoke Man who Pled Guilty to Distributing Methamphetamine,Illegally Possessing a Firearm, Sentenced in Federal Court

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Roanoke, VIRGINIA – A Roanoke man, who sold methamphetamine and illegally possessed a shotgun after having been previously convicted of a felony, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, Acting United States Attorney Rick A. Mountcastle announced.

 

John Mark Bryant, 21, of Roanoke, Va., previously pled guilty to one count of distribution of methamphetamine and one count of illegal possession of firearm by a previously convicted felon. Today in District Court, Bryant was sentenced to 57 months in federal prison.

 

According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, in June 2016 Bryant was staying at the Stay-In motel in Salem, Virginia. Detectives working as part of the Roanoke HIDTA had determined that Bryant was distributing methamphetamine and firearms from his hotel room and set-up a methamphetamine and firearm purchase via a confidential informant. The informant arranged and made a purchase of methamphetamine and a shotgun from Bryant on June 16, 2016.

 

Thee investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roanoke HIDTA. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.

Cleveland man faces 15 years in prison for administering group that shared images of toddlers being sexually abused

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A Cleveland man who administered an online group that shared images and videos of toddlers being sexually assaulted pleaded guilty today, said U.S. Attorney Carole S. Rendon.

 

Brian Keeling, 34, faces a mandatory minimum sentence of 15 years in prison after admitting to charges of advertising, receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.

 

He is scheduled to be sentenced on May 26.

 

Keeling was the administrator of a group on Kik named “Toddlers” which included 50 members that shared images and videos of young children being raped and sexually assaulted, according to court documents.

 

A search of Keeling’s home at 3438 West 59th Street revealed he had more than 30 movie files and hundreds of images of toddlers being raped and sexually assaulted, according to court documents.

 

This case is being prosecuted by Assistant U.S. Attorney Michael A. Sullivan following an investigation by the U.S. Department of Homeland Security, Homeland Security Investigations.

 

Maryland Man Pleads Guilty to Carjacking, Drove Off with Woman and Her 2-Year-Old Granddaughter

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            WASHINGTON – Jesse Green III, 41, of Germantown, Md., has pled guilty to carrying out a carjacking earlier this year in Southeast Washington in which he drove off with a woman and her 2-year-old granddaughter, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

 

            Green, also known as Michael McKoy, pled guilty on Feb. 10, 2017, in the Superior Court of the District of Columbia, to carjacking. The Honorable Ronna L. Beck scheduled sentencing for April 14, 2017. The charge carries a mandatory minimum of seven years in prison and a statutory maximum of 21 years. Green has been in custody since his arrest on the day of the crime.

 

            According to the government’s evidence, on Jan. 8, 2017, at approximately 12:10 p.m., the woman, her husband, and their 2-year-old granddaughter were driving in a GMC Yukon sports utility vehicle. The husband pulled over and got out of the vehicle for a stop in the 5000 block of Kimi Gray Court SE. Green, a stranger, came out of a neighboring house and went to the vehicle. Then, without permission, he got into the driver’s seat and sped off, with the woman and child still in the vehicle. The child was in a car seat in the rear.

 

            The woman demanded that Green let them out and she attempted to grab the steering wheel. Green, however, kept driving fast, passing through stop signs. He crashed into a parked vehicle near 51st Street and Central Avenue SE, traveled up an embankment, and then crashed backward into a telephone pole. He attempted to flee, but was soon apprehended. The victims were taken to a hospital by ambulance for examination and treatment.

 

            In announcing the plea, U.S. Attorney Phillips and Interim Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the efforts of those who handled the case at the U.S. Attorney’s Office, including Assistant U.S. Attorney Kathryn Rakoczy, Paralegal Specialist Richard Cheatham, and Victim/Witness Advocate James Brennan. Finally, they commended the work of Assistant U.S. Attorney Natasha Smalky, who investigated and prosecuted the case.

Ohio woman pleads guilty to illegally possessing a firearm and assaulting a U.S. Marshal

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ELKINS, WEST VIRGINIA – Peggy Chaffin, 37, of Portsmouth, Ohio, pled guilty to illegally possessing a gun and using said gun to obstruct a Deputy U. S. Marshal, Acting United States Attorney Betsy Steinfeld Jividen, announced.

 

Chaffin admitted being a felon in possession of a .22 caliber rifle. She was previously convicted of felony heroin possession and distribution in the Eastern District of Kentucky in August 2013. Chaffin also admitted to using that gun to obstruct, assault, and resist a Deputy U.S. Marshal in Orlando, West Virginia, in November 2015.

Chaffin pled guilty to one count of “Felon in Possession of a Firearm.” She faces up to ten years in prison and a fine of up to $250,000 for the first count. Chaffin also pled guilty to one count of “Assaulting, Obstructing, or Resisting a Federal Officer.” She faces up to twenty years in prison and a fine of up to $250,000 for the second count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The United States Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the West Virginia State Police, and the Braxton County Sheriff’s Office investigated.

U.S. Magistrate Judge Michael John Aloi presided.

District Man Sentenced to Seven Years in Prison For Series of Burglaries in Northwest Washington

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            WASHINGTON – Melvin Anthony Turner, 49, of Washington, D.C., was sentenced today to a seven-year prison term for a series of burglaries of commercial establishments in Northwest Washington last summer, U.S. Attorney Channing D. Phillips announced.

 

            Turner pled guilty in November 2016, in the Superior Court of the District of Columbia, to three counts of second-degree burglary. He was sentenced by the Honorable Maribeth Raffinan. Following his prison term, he will be placed on three years of supervised release.

 

            The charges stemmed from a series of burglaries last summer targeting small businesses in the Washington area. In his plea, Turner admitted to three separate burglaries. First, he admitted to entering the Thai Pad restaurant, in the 4400 block of Connecticut Avenue NW, on July 11, 2016, and stealing $350 from the cash register. He also admitted attempting to take items from desk drawers in other locations in the restaurant. Second, he admitted to forcibly entering the Circle Yoga studio, in the 3800 block of Northampton Street NW, on July 16, 2016, and stealing a laptop computer. Finally, he admitted to entering the Sudhouse bar and restaurant, in the 1300 block of U Street NW, on July 21, 2016, and stealing approximately $4,000 in cash and a laptop computer.

 

            After his arrest July 24, detectives with the Metropolitan Police Department (MPD) linked Turner to a number of additional burglaries between April and July of 2016 targeting small business that the government was prepared to prosecute if the case had gone to trial.

 

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tiffany Fogle and Tiffany Jones. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Laura Crane and J. Matt Williams, who investigated the case and handled the sentencing.

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