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Vance AFB Major Pleads Guilty to Kickbacks Involving Compounding Pharmacies

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OKLAHOMA CITY – ROMEATRIUS MOSS, 39, a nurse and Air Force Major stationed at Vance Air Force Base in Enid, has pleaded guilty to criminal health care fraud in which she accepted kickbacks for referring TRICARE beneficiaries to pharmacies furnishing compounded drugs, announced U.S. Attorney Timothy J. Downing.

According to a felony information filed on September 30, 2019, Moss solicited and received $73,823.06 in return for referrals to compounding pharmacies involving individuals covered by TRICARE, which is a health insurance program for members of the U.S. military.  Because of resulting cost increases and infringement on patient choice, it is a crime to solicit or receive payments for referrals to health care providers for an item or service that could be paid, in whole or in part, by a federal health care program.

Moss pleaded guilty on October 15 before U.S. District Judge Patrick R. Wyrick.  She admitted that while she was employed in the medical unit at Vance AFB, she gave military members pre-printed prescription pads and induced them to ask their doctors for specific compounded drugs.  Moss admitted she then sent the prescriptions or caused them to be sent to specific pharmacies.  Moss admitted she was paid a kickback that was a percentage of the gross reimbursement the pharmacies received from TRICARE for filling the prescriptions.

At sentencing, Moss faces a maximum penalty of five years in prison and a fine of up to $250,000, in addition to up to three years of supervised release.  As a result of her plea agreement, she will pay restitution to TRICARE in the amount of $622,459, the total amount of kickbacks she received in the referral scheme.  She has also agreed to the criminal forfeiture of her residence in Enid, a 2016 Porsche Cayenne, and a 2000 Fleetwood Pace Arrow.

These charges are the result of an investigation by the Defense Criminal Investigative Service, the Air Force’s Office of Special Investigations, and the Federal Bureau of Investigation–Oklahoma City Division.  The case is being prosecuted by Assistant U.S. Attorney Amanda Maxfield Green.

Reference is made to court filings for further information.


Former Suboxone Clinic Doctor Sentenced for Illegal Prescribing and Health Care Fraud

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PITTSBURGH - A former resident of Sewickley, Pennsylvania, has been sentenced in federal court to 180 days of home confinement; three years’ probation; fined a total of $20,000.00; and ordered to pay $156,902.89 in restitution on his conviction of unlawfully prescribing buprenorphine and committing health care fraud, United States Attorney Scott W. Brady announced today.

United States District Judge Arthur J. Schwab imposed the sentence on Michael Anthony Bummer, age 40.

According to information presented to the court, Bummer, a physician, was employed at Redirections Treatment Advocates (Redirections), a buprenorphine clinic with offices in Pennsylvania and West Virginia. Under federal law, a prescription for a controlled substance is required to be signed and dated the day it is issued. Bummer and other doctors at Redirections would routinely pre-sign blank prescriptions for buprenorphine, which is a scheduled controlled substance under federal law. The pre-signed prescriptions were then given to other medically-unlicensed employees at Redirections who completed the prescription and provided it to the patients in exchange for cash. On numerous occaisons, the doctors were not physically present at Redirections and did not exam their patients when prescriptions bearing their names were issued. For example, on August 17, 2016, one of Bummer’s patients received a prescription for buprenorphine although Bummer was not in the office and did not see the patient. Because the prescriptions were illegally issued, Medicare and Medicaid were defrauded when Redirections’ patients used their insurance to fill the prescriptions. When confronted by an investigator, Bummer surrendered his license to prescribe controlled substances.

Prior to imposing sentence, Judge Schwab stated that the sentence was intended to achieve the goals of punishment and the other sentencing factors set forth in the United States Code.

Assistant United States Attorneys Robert Cessar and Michael Leo Ivory prosecuted this case on behalf of the government.

United States Attorney Brady added the investigation leading to the filing of charges in these cases was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit (OFADU). The Western Pennsylvania OFADU, led by federal prosecutors in the U.S. Attorney’s Office, combines the expertise and resources of federal and state law enforcement to address the role played by unethical medical professionals in the opioid epidemic.

The agencies which comprise the Western Pennsylvania OFADU include: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, Pennsylvania Office of Attorney General – Bureau of Narcotic Investigations, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations, U.S. Office of Personnel Management – Office of Inspector General and the Pennsylvania Bureau of Licensing.

Statement of the U.S. Attorney’s Office for Domestic Violence Awareness Month

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By Presidential Proclamation, October is Domestic Violence Awareness month.  Domestic violence is a heinous crime that terrorizes adults and children, destroys relationships, and shatters the home, which should be a place of safety, love, and respect.  Across the country, domestic violence threatens – in the worst cases ends – lives.  During this month of awareness, we reaffirm our steadfast commitment to empowering survivors and ending this horrible, destructive, and life-threatening form of abuse.  As a country, we must resolve to show zero tolerance for acts of domestic violence.  This is a top priority for the Department of Justice.  In Vermont, the zero tolerance policy is in full effect.  The U.S. Attorney’s Office is doubling down on efforts to combat domestic violence in the Green Mountain State.  We are working with our state and local law enforcement partners and community providers as never before to prevent and bring serious consequences to domestic abusers and to ensure victims and survivors are connected to support and empowerment networks.  The reason:  domestic violence is a problem in Vermont.  In recent years, nearly half of Vermont’s homicides have arisen in the domestic context, and Vermont has outpaced the national average for instances of male perpetrators and female victims. 

The first component of our renewed and invigorated campaign is outreach to state and local law enforcement.  Roughly 40 percent of Vermont’s domestic violence homicides are committed with a gun.  There is a collection of federal laws – many pertaining to firearms – that can be used to prevent domestic violence and bring justice to perpetrators.  These federal crimes can very often be proven without the testimony of the victim, who, for obvious reasons, may be unready and reluctant to testify in a court proceeding against an abuser.  The U.S. Attorney’s Office has created a comprehensive brochure listing and summarizing the federal statutes that may be charged in the domestic violence context.  The brochure can be found on our website at https://www.justice.gov/usao-vt/page/file/1204336/download. The U.S. Attorney’s Office is circulating this information to State’s Attorney’s Offices, the Vermont Attorney General’s Office, and to federal, state, local, and county law enforcement.  The written information will be accompanied by in-person meetings. 

The pertinent federal domestic violence laws can generally be grouped into two different categories.  First, crimes under the Gun Control Act, particularly those proscribing prohibited persons – such as convicted felons, individuals previously convicted of misdemeanor domestic violence offenses, individuals subject to restraining orders, drug users, individuals previously adjudicated mentally defective, and others – from possessing firearms.  It is also a federal crime to lie to a gun store about your prohibited person status in the course of buying a firearm.  Second, the Violence Against Women Act contains a series of prohibitions relating to domestic violence, including laws against interstate travel to commit domestic violence or to violate a restraining order, cyberstalking, and interstate stalking.  We are committed to ensuring we inform our state and local partners of these laws and maximize referral of these cases to the U.S. Attorney’s Office. 

As with all issues of public safety, while we will make as many arrests as we can consistent with the interests of justice, we cannot arrest our way out of the problem.  We are working closely with our partners in the prevention, education, and victim-survivor support communities to advance a comprehensive approach to ending domestic violence in Vermont.  The Department of Justice recently awarded Vermont a Project Safe Neighborhoods grant.  The Vermont Project Safe Neighborhoods Task Force – comprised of federal, state and local law enforcement, and a community nonprofit partner – has elected to direct the grant monies toward combatting domestic violence in Vermont.  The grant will be administered by the anti-domestic violence nonprofit organization, Circle, and we will encourage solicitations that seek to use the money for domestic violence prevention and education.  In addition, along with its brochure describing relevant federal crimes, the U.S. Attorney’s Office has created a short flyer summarizing the resources available to domestic violence victims and survivors in every county of Vermont.  The flyer can be found on our website at https://www.justice.gov/usao-vt/page/file/1204326/download.

The U.S. Attorney’s Office also recently worked closely with the Vermont Attorney General’s Office to support its successful application for a Domestic Violence Technical Assistance Grant from the Department of Justice Office of Violence against Women and the National Council for Juvenile and Family Court Judges.  Vermont is one of only a handful of locations in the country to receive this grant, and the only state to receive the grant on a statewide basis.  Discussion amongst stakeholders is currently underway to determine how best to deploy the technical assistance grant. 

Lastly, the U.S. Attorney was recently appointed to the Domestic Violence Working Group of the U.S. Attorney General’s Advisory Committee.  This group serves to advise the Attorney General and federal law enforcement nationwide as to how to effectively marshal federal resources to combat domestic violence. 

As Vermonters and Americans, we must remain vigilant in our quest to end the horror of domestic violence and promote peace and safety in the home.  While we must recognize and face head-on the existence and tragedy of domestic violence, we should also take heart in knowing that combatting and preventing this crime are top priorities of law enforcement at all levels, and that stakeholders are working closely across disciplines to bring a stop to it. We are working with urgency, because this is a matter of life and death.

Broward County Resident Charged with Six Armed Robberies

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A Broward County resident has been charged with six armed robberies.

Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, Gregory Tony, Sheriff, Broward Sheriff’s Office (BSO), and Anthony W. Rosa, Chief, Sunrise Police Department, made the announcement.

Dwight Courtney Grinion, 25, of Ft. Lauderdale, Florida, has been charged by indictment with six counts of Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951(a); one count of discharging a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Section 924(c)(1)(A)(iii); and five counts of brandishing a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Section 924(c)(1)(A)(ii) (Case No. 19-CR-60115-WPD).   If convicted of the charged offenses, the defendant faces: 20 years in prison for each Hobbs Act robbery; life in prison for discharging a firearm in furtherance of a crime of violence, with a mandatory consecutive term of 10 years in prison; and life in prison for brandishing a firearm in furtherance of a crime of violence, with a mandatory consecutive term of 7 years in prison.

According to the court record, including allegations contained in the criminal complaint and indictment, Grinion robbed six commercial establishments at gunpoint between March 22, 2019 and April 24, 2019.   During the first robbery, on March 22, 2019, at a Subway in Ft. Lauderdale, Grinion discharged a revolver.  The last robbery, on April 24, 2019, occurred at Designers Jewelry Collection, a jewelry store at the Sawgrass Mills Mall in Sunrise, Florida, and involved the brandishing of a revolver, the same kind of gun used in the other five robberies.  During the last robbery, Grinion is alleged to have pointed a firearm at an employee of the jewelry store and stolen a gold bracelet worth approximately $2,500.

All of the victim companies purchase products in interstate commerce and sell products to customers throughout the United States and abroad.

An indictment and criminal complaint merely contain charging accusations.  A defendant is presumed innocent unless and until proven guilty in a court of law. 

U.S. Attorney Fajardo Orshan commended the investigative efforts of ATF, the Broward Sheriff’s Office and Sunrise Police Department in this matter.  This case is being prosecuted by Assistant U.S. Attorney Robert Juman.

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.

Aliquippa Felon Sentenced to 10 Years for Illegally Possessing Fentanyl and a Stolen Pistol

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PITTSBURGH, Pa. – A former resident of Beaver County, Pennsylvania, has been sentenced in federal court to serve a total sentence of 10 years’ imprisonment on his conviction for violating the federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.

Senior United States District Judge Joy Flowers Conti imposed the sentence on Landon Alexander Gatta, age 24, formerly of Aliquippa, for the crimes of possession with intent to distribute 40 grams or more of fentanyl, possession of a firearm and ammunition by a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime.

According to information presented to the Court, on November 5, 2018, the Pennsylvania State Police Bureau of Criminal Investigation Unit served a search warrant at the Defendant’s residence located on McLean Street in Aliquippa, Beaver County, Pennsylvania, as part of an ongoing narcotics investigation. There, investigators recovered approximately fifty (50) grams of a fentanyl-heroin mixture, a large sum of U.S. currency, and a loaded, stolen .40 caliber semi-automatic Glock pistol, which Gatta admitted to possessing in furtherance of the charged drug trafficking crime. Federal law prohibits Gatta, a felon previously convicted in the Court of Common Pleas of Allegheny County of the crime of possession with intent to distribute heroin, from possessing a firearm or ammunition.

The Court further ordered that following the Defendant’s release from incarceration, he be placed on a term of supervised release for a period of four years and that certain property be forfeited to the United States, namely the seized .40 caliber Glock pistol, the .40 caliber ammunition, and approximately $70,000 in U.S. Currency that was recovered by the Pennsylvania State Police during the investigation.

Assistant United States Attorney Jerome A. Moschetta prosecuted this case on behalf of the government.

United States Attorney Brady commended the Pennsylvania State Police Bureau of Criminal Investigation Unit for the investigation leading to the successful prosecution of Landon Gatta.

Officers Seize 144 Pounds of Meth from KC Man Charged with Drug Trafficking

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KANSAS CITY, Mo. – A Kansas City, Missouri, man has been charged in federal court with drug trafficking after investigators seized 144 pounds of methamphetamine hidden in automobile wheels inside his shed.

Jorge A. Rodriguez-Gonzalez, 38, was charged in a criminal complaint filed in the U.S. District Court in Kansas City on Tuesday, Oct. 15.

The federal criminal complaint alleges that Rodriguez-Gonzalez possessed 500 grams or more of methamphetamine with the intent to distribute. Rodriguez-Gonzalez remains in federal custody pending a detention hearing, which has not yet been scheduled.

According to an affidavit filed in support of the complaint, a confidential source told Independence, Missouri, police detectives that he/she purchased a minimum of one kilogram of methamphetamine from Rodriguez-Gonzalez at least five days per week. The confidential source engaged in a controlled buy of one kilogram of methamphetamine from Rodriguez-Gonzalez on Thursday, Oct. 10. When Rodriguez-Gonzalez arrived at the arranged meeting location with his wife and two children (a 6-year-old girl and a 3-year-old boy), he was arrested. Officers seized a Glock handgun from a purse inside the vehicle. A police canine alerted to the presence of illegal drugs in the vehicle behind what appeared to be hidden compartments, the affidavit says. The vehicle was towed pending the execution of a search warrant.

On Friday, Oct. 11, law enforcement officers executed a search warrant at Rodriguez-Gonzalez’s residence. They seized an H&R Pardner Pump 20-gauge shotgun, a TGI Knox 7.62x39-caliber AK-style rifle, a bag that contained 471 grams of marijuana, what appeared to be a drug ledger, and cash from the residence.

Inside a detached shed, officers found a set of four Toyota wheels and tires. Because the tires seemed extremely heavy, the affidavit says, detectives cut one open and found a metal compartment attached to the inside of the wheel. The metal compartment was then cut open and found to contain methamphetamine.

Each wheel and tire was dismantled by investigators, who found methamphetamine packaged in an identical manner inside each of the four tires. Investigators found six packages of methamphetamine, each of which weighed approximately six pounds, inside each tire, for a total weight of 144 pounds of methamphetamine removed from the four tires.

During the execution of the search warrant, a police canine also alerted to the presence of illegal drugs in a Toyota Tundra and a GMC Sierra that were parked at the residence. The vehicles were towed and secured by law enforcement until search warrants are obtained.

The charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

This case is being prosecuted by Special Assistant U.S. Attorney Mary Kate Butterfield and Assistant U.S. Attorney Emily A. Morgan. It was investigated by the Independence, Mo., Police Department, the Jackson County Drug Task Force, and the Kansas City, Mo., Police Department.

U.S. Attorney Ariana Fajardo Orshan, Nova Southeastern University’s CREATE Program and Federal Task Force Host Human Trafficking Symposium

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U.S. Attorney for the Southern District of Florida Ariana Fajardo Orshan, Nova Southeastern University’s Coalition for Research and Education Against Trafficking and Exploitation (CREATE) and the Federal South Florida Human Trafficking Task Force hosted a symposium yesterday to raise public awareness about human trafficking.  The free program provided advanced human trafficking training and resources to more than 380 individuals, including victim service providers, law enforcement personnel, prosecutors, medical professionals, and members of the local community.

“Partnerships and collaboration are vital to our fight against human trafficking,” stated U.S. Attorney Fajardo Orshan.  “We cannot rescue victims, provide services to survivors, or successfully prosecute traffickers without our expanded partnerships and ongoing collaboration.” 

The Federal South Florida Human Trafficking Task Force, led by the U.S. Attorney’s Office, Homeland Security Investigations, Miami-Dade Police Department, and International Rescue Committee, works to increase public awareness, identify victims, ensure that survivors receive assistance, and prosecute traffickers. The Task Force is composed of federal agencies including, the FBI (specifically, its Child Exploitation and Human Trafficking Task Force), U.S. Department of State’s Diplomatic Security Service, and U.S. Department of Labor.  Several other state and local law enforcement entities in South Florida are supportive task force members.  Additionally, the Task Force collaborates with non-law enforcement entities, including the Florida Department of Children and Families, service providers, victim advocates, faith-based organizations, academic representatives and community members. Presently, the Task Force includes more than 300 non-law enforcement members.  In addition, many of our northern partners support the West Palm Beach Human Trafficking Task Force, while the South Florida Human Trafficking Task Force, which covers Miami-Dad and Broward counties, has more than 400 members.  

CREATE’s mission is to equip all members of the community – including private citizens, educators, current and future health care professionals and members of organizations – with the skills to identify victims of human trafficking, in order to increase reporting and referrals to appropriate health and social services.

Since being appointed as U.S. Attorney for the Southern District of Florida in 2018, Ariana Fajardo Orshan has remained committed to expanding our partnerships to combat human trafficking, educating the public, and ensuring that the prosecution of human trafficking cases is a priority for the Office. She currently serves on the Attorney General’s Advisory Subcommittee on Human Trafficking.  Recently, she expanded the Special Prosecution’s Section of the U.S. Attorney’s Office. The Section has helped to oversee the district’s Human Trafficking and Project Safe Childhood Programs (PSC), and the Office’s Violence Reduction Partnership (VRP) Program, while prosecuting cases involving victims of violent crimes (resulting in death or serious bodily injury), human trafficking, child exploitation, and other criminal offenses.  As a native of Miami and concerned citizen, U.S. Attorney Fajardo Orshan is committed to raising public awareness and promoting community outreach – in order to help us all to combat human trafficking. 

Since the beginning of 2019, the Task Force has participated in more than 100 human trafficking community outreach events.  Audiences include grade school, university, and college students, teachers, professors, medical professionals, faith-based organizations, immigration and labor attorneys, federal, state, and local government employees, as well as hotel and motel employees.  These efforts come in advance of Miami Super Bowl 54 in February.  In preparation for the event, the Task Force will continue its efforts to expand partnerships, collaboration, training of state, local, and federal law enforcement officers and prosecutors, and community outreach.

The U.S. Attorney’s Office for the Southern District of Florida and the entire Task Force is fully committed to utilizing a victim-centered approach to rescuing victims and aggressively prosecuting traffickers.  From Fiscal Year 2013 through Fiscal Year 2019, the U.S. Attorney’s Office for the Southern District of Florida prosecuted 72 offenders in 51 human trafficking cases, including labor and sex trafficking. These cases collectively involved the victimization of more than 80 survivors of human trafficking.  For Fiscal Year 2019, the U.S. Attorney’s Office for the Southern District of Florida charged 12 human trafficking cases against 15 defendants in federal court, an increase from Fiscal Year 2018.  Presently, 5 human trafficking cases are charged federally in Miami.    

“We cannot do this work alone; we also rely on the members of our diverse community to continue to raise public awareness and report suspected trafficking,” stated U.S. Attorney Fajardo Orshan. “Sadly, despite the hard work of so many people in our community we continue to see human traffickers exploit children, adults, males, females, LGBTQ persons, drug addicts, foreign nationals and U.S. citizens.  We encourage everyone to report human trafficking and help victims to come out of the shadows, where they can be seen and set free.” 

To report suspected human trafficking or to obtain resources for victims, please call 1-888-373-7888; text “BeFree” (233733), or live chat at HumanTraffickingHotline.org.  The toll-free phone, SMS text lines, and online chat function are available 24 hours a day, 7 days a week, 365 days a year.  Help is available in English, Spanish, Creole, or in more than 200 additional languages.  The National Hotline is not managed by law enforcement, immigration or an investigative agency.  Correspondence with the National Hotline is confidential and you may request assistance or report a tip anonymously.

To learn more about CREATE visit www.nova.edu/create.  To learn more about the National Resource Hotline visit www.humantraffickinghotline.org.  To learn more about the U.S. Department of Justice’s efforts to combat human trafficking visit www.justice.gov/humantrafficking.

To learn more about the nationwide Project Safe Neighborhoods (PSN) initiative and local Violence Reduction Partnership (VRP) visit https://www.justice.gov/psn,  https://www.justice.gov/usao-sdfl/violence-reduction-partnerships.

U.S. Attorney Announces Multiple Charges Against Bronx Tax Preparer

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Jonathan D. Larsen, Special Agent in Charge of the New York Office of the Internal Revenue Service, Criminal Investigation Division (“IRS-CI”), announced today the arrest of LORENZO ALMANZAR for preparing fraudulent tax returns containing more than $400,000 in fraudulent deductions and making false statements to federal agents.  ALMANZAR was presented in Manhattan federal court today before U.S. Magistrate Judge Stewart D. Aaron. 

U.S. Attorney Geoffrey S. Berman said:  “As alleged, Lorenzo Almanzar used his accounting skills to bilk the government of thousands of dollars.  Almanzar now faces 30 counts of criminal tax charges, and the possibility of time behind bars.”

IRS-CI New York Special Agent in Charge Jonathan D. Larsen said:  “Well-intentioned taxpayers can be victimized by tax return preparers who mislead people into taking credits or deductions they aren’t entitled to in order to increase their fee or burnish their reputation.  As Almanzar learned today when he was arrested, there are serious consequences for allegedly defrauding his clients.  IRS-CI special agents are committed to identifying and prosecuting unscrupulous tax return preparers.”

According to the allegations in the Complaint unsealed in Manhattan federal court[1]:

From 2014 through 2017, ALMANZAR owned and operated a business called Future International Corp. (“Future”) in the Bronx, New York, which purported to offer tax preparation services.  As alleged in the Complaint, ALMANZAR prepared fraudulent returns that fabricated and falsely overstated various items, including, among other things, medical expenses, charitable expenses, and unreimbursed employee business expenses.  Additionally, ALMANZAR made false statements to federal agents during the course of their investigation into those fraudulent returns.

ALMANZAR prepared multiple fraudulent tax returns containing more than $400,000 in fraudulent deductions, which resulted in a tax loss of at least $57,000.

*                *                *

ALMANZAR, 63, of White Plains, New York, is charged with 30 counts of aiding and assisting the preparation of false and fraudulent tax returns, each of which carries a maximum sentence of three years in prison, and one count of making false statements to federal agents, which carries a maximum sentence of five years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Berman praised the outstanding investigative work of Special Agents from IRS-CI.  The prosecution of this case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorney Jarrod L. Schaeffer is in charge of the prosecution.

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

 

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the descriptions of the Complaint constitute only allegations, and every fact described should be treated as an allegation.


NYC Department of Environmental Protection Employee Pleads Guilty to Using Long Island Residence to Manufacture Ecstasy and Cultivate Marijuana

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Joseph Guida, an employee of New York City Department of Environmental Protection, pleaded guilty today to using a stash house in Mastic, Long Island to produce ecstasy (MDMA) and grow marijuana.  The plea was entered before United States District Judge Joan M. Azrack at the federal courthouse in Central Islip.  When sentenced, Guida faces up to 20 years in prison.  As part of his guilty plea, Guida agreed to forfeit his interest in the Mastic residence and a Dodge Durango that he used in connection with his drug operation. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York Field Office (HSI), and Troy Miller, Director of Field Operations, U.S. Customs and Border Protection, New York Field Office (CBP), announced the guilty plea.

“Guida turned a house in a residential neighborhood into a drug factory, with total disregard for the danger posed to his neighbors by the volatile chemicals used to manufacture ecstasy,” stated United States Attorney Donoghue.  “Today’s guilty plea is the result of swift action taken by this Office, working closely with our law enforcement partners, to safely shut down the defendant’s illegal drug operation.”  Mr. Donoghue expressed his grateful appreciation to the Drug Enforcement Administration, New York State Police Contaminated Crime Scene Emergency Response Team, Suffolk County Police Department and New York City Police Department for their assistance during the investigation.

“Guida created a clandestine lab in his home to manufacture synthetics drugs and grow illegal marijuana. He sought to make a profit from his criminal business while endangering those in his community,” stated HSI Special Agent-in-Charge Fitzhugh.  “It was the seamless collaboration with our partners at CBP, DEA and New York State Police before and during this investigation that allowed law enforcement to shut down Guida and his illicit enterprise.”

“This case serves as a great example of collaborative law enforcement efforts to combat international narcotics trafficking conspirators,” stated CBP Director Miller.  “U.S. Customs and Border Protection thanks our partners at HSI and DEA for their continued cooperation.”

According to court filings and facts presented at the guilty plea proceeding, between November 2013 and December 2018, Guida used a house in Mastic to manufacture MDMA and marijuana for resale.  In December 2018, CBP officers intercepted a package containing PMK methyl-glycidate (PMK), a MDMA precursor, that was mailed from China to Guida’s apartment in Queens.  HSI agents then interviewed Guida, and he admitted that he ordered the PMK from China and used the Mastic residence as an MDMA lab and marijuana grow-house. 

A subsequent search of the Mastic residence by law enforcement agents, some wearing protective hazmat suits, revealed chemicals and laboratory equipment for manufacturing MDMA, as well as approximately 36 marijuana plants and approximately 1.3 kilograms of processed marijuana. 

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Bradley T. King and Madeline M. O’Connor are in charge of the prosecution.

The Defendant:

JOSEPH GUIDA
Age:  45
Queens, New York

E.D.N.Y. Docket No. 19-CR-12 (DRH)

 

Brownsville area attorney fined and sent to prison

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HOUSTON – A 70-year-old Brownsville attorney has been ordered to federal prison following his conviction of failing to file a financial reporting form as required when operating a trade or business, announced U.S. Attorney Ryan K. Patrick. Guillermo Vega Jr. pleaded guilty May 23, 2018.

Today, U.S. District Judge Andrew S. Hanen ordered Vega to serve a total of 13 months in prison immediately followed by three years of supervised release. The court also imposed a $100,000 fine and restitution payable to the IRS for unpaid taxes Vega earned as part of his legal practice. At the hearing, the court heard additional evidence regarding Vega’s attempt to obstruct justice by tampering with a witness. In handing down the sentence, the court found Vega abused the public trust because of his special skill as an attorney. Judge Hanen also noted other government and legal forms he filed in the course of his representation of criminal defendants.

At the time of the plea, the court heard that on March 21, 2011, Vega received $25,000 in cash related to a single sale while operating as a trade or business, namely the Law Office of Guillermo Vega Jr.

The money was intended for the representation of Heriberto Bazan on federal charges of attempting to transport ammunition into Mexico. Vega did not file the appropriate FinCEN Form in relation to the transaction. A FinCEN Form 8300 is a reporting requirement when a trade or business receives cash in excess of $10,000.

As part of the plea agreement, Vega agreed that he will make full restitution on the tax loss, totaling $126,253.

Vega was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

IRS-Criminal Investigation and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorneys Jody Young and Karen Betancourt are prosecuting the case.

McAllen woman charged in Medicare kickback conspiracy

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McALLEN, Texas – A 44-year-old McAllen woman has been charged with conspiring to pay illegal kickbacks to physicians and marketers in exchange for the referral of Medicare and Medicaid beneficiaries, announced U.S. Attorney Ryan K. Patrick.

A federal grand jury returned the indictment, under seal, against Claudia Haro Oct. 9, which was unsealed as authorities arrested her today. She is expected to make her initial appearance tomorrow morning before U.S. Magistrate Judge J. Scott Hacker.   

The indictment charges Haro with engaging in a conspiracy from 2011 through 2016. Haro and her co-conspirators allegedly paid kickbacks to physicians and various other individuals in exchange for beneficiary referral and certification and for services and supplies billed to Medicare and Medicaid. According to the indictment, Haro delivered cash payments in return for the referral of beneficiaries to a home health agency and other providers with whom Haro was associated.

Haro is also charged with one count of making false statements to federal agents.   

If convicted of any of the charges, she faces up to five years in prison.

The FBI, Department of Health and Human Services‐Office of Inspector General, Texas Attorney General’s Medicaid Fraud Control Unit and Texas Health and Human Services Commission conducted the investigation. Assistant U.S. Attorneys Andrew Swartz and Cynthia Villanueva are prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

19-year-old sentenced as drug dealer in meth trafficking scheme

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CORPUS CHRISTI, Texas – A 19-year-old Beeville resident has been ordered to federal prison following his conviction of possession with intent to distribute meth, announced U.S. Attorney Ryan K. Patrick.

Margarito Keller pleaded guilty May 30.

Today, U.S. District Judge Nelva Gonzales Ramos sentenced Keller to 120 months in federal prison to be immediately followed by five years of supervised release. At the hearing, the court heard additional testimony that Keller has been involved with using, possessing and distributing drugs since he was 14. In handing down the sentence, the court noted Keller’s age, but that the law demanded the sentence imposed.  

On Nov. 15, 2018, authorities took Keller into custody for distributing a controlled substance. During that arrest, law enforcement officers observed a portable safe next to Keller in his vehicle.

Upon inspection, they recovered several baggies containing a total of approximately 55 grams of meth, most of which was considered “pure.” They also recovered a loaded Taurus .38 caliber pistol and a digital scale.

Keller admitted the meth, weapon and scale all belonged to him. 

The Drug Enforcement Administration conducted the investigation in conjunction with the Beeville Police Department. Assistant U.S. Attorney Vincent Tang prosecuted the case.

Valley man sent to prison for lying on federal firearms form

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BROWNSVILLE, Texas – A 40-year-old Harlingen resident has been ordered to federal prison following his conviction of lying on a firearm application at a local Wal-Mart, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Fred Milanowski of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). A Brownsville jury deliberated for 30 minutes before convicting Juan Sauceda following a one-day trial June 18, 2019.

Today, U.S. District Judge Rolando Olvera handed Sauceda an 18-month sentence to be immediately followed by two years of supervised release. At the hearing, the defense argued for probation as there was “no harm, no foul.” The court denied that request and imposed the federal prison term.

On Sept. 6, 2018, Sauceda attempted to purchase a 12-gauge pump shotgun at a Wal-Mart in Harlingen. As a part of the purchase, he was required to fill out ATF Form 4473 in order to complete a background check. He signed the form, attesting that he never had a felony conviction. However, the investigation revealed he had a conviction for two counts of assault and battery with a deadly weapon. Sauceda had stabbed two individuals in 2013 in a dispute in Custer County, Oklahoma.

The defense attempted to convince the jury Sauceda was too uneducated to understand the form when he made the false statement as to his criminal history. The jury was not persuaded and found him guilty as charged. 

Sauceda was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

ATF conducted the investigation. Assistant U.S. Attorney Justin Schorr Dinsdale and Israel Cano III prosecuted the case.

Former President Of Labor Union Pleads Guilty To Demanding And Accepting Bribes

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that GLENN BLICHT, the former president of a labor union (the “Union”), pled guilty today to violating the Taft-Hartley Act by demanding and accepting approximately $150,000 in bribe payments from an employer (the “Employer”).  In exchange for these bribes, BLICHT did not represent Union members’ interests.  BLICHT pled guilty before United States District Judge Analisa Torres, to whom BLICHT’s case is assigned.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As the president of a labor union, Glenn Blicht’s duty was to fight for his union members.  Instead, for many years, he demanded and accepted bribes – and in return, he sold out his union members.  Our Office is committed to prosecuting those who abuse positions of trust for their own gain.”

According to the allegations in the Indictment to which BLICHT pled guilty, public court filings, and statements made in court:

From 2009 through the present, BLICHT served as an officer of the Union, including as its president for many years.  In that role, BLICHT had a duty to act in the best interests of the Union and its members, including by avoiding personal financial conflicts of interest with the Union.  Nevertheless, BLICHT demanded and received cash payments from the Employer, which employed a number of members of the Union.  In exchange for these bribes, BLICHT declined to file arbitration claims on behalf of Union members.  In total, BLICHT received approximately $150,000 in bribes from the Employer over approximately 10 years. 

In communications, a number of which were recorded, BLICHT repeatedly referred to the bribe payments as “tickets,” in which each ticket equaled a $1,000 bribe.  BLICHT instructed an official of the Employer (the “Official”) as to the number of “tickets” to pay BLICHT each time.  Indeed, during the past year, the Official met with BLICHT several times and paid him bribes on approximately four occasions, at the direction of law enforcement.  Each of these meetings was recorded.  For instance, on July 26, 2019, BLICHT received a $10,000 cash bribe from the Official at a restaurant in New York, New York; BLICHT was arrested outside this restaurant, in possession of the $10,000 bribe.

*                *                *

BLICHT, 57, of Wilton, Connecticut, pled guilty to one count of demanding or receiving prohibited payments as a labor union official, which carries a maximum sentence of five years in prison.  Under the terms of his plea agreement, BLICHT has agreed to a 13-year ban, which generally prohibits him from, among other things, being employed by a labor union or employee benefit plan, pursuant to Title 29, United States Code, Sections 504 and 1111.  BLICHT has also agreed to forfeit $150,000 and to pay restitution.  The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

Sentencing before Judge Torres is scheduled for February 12, 2020, at 3:00 p.m.

Mr. Berman praised the Department of Labor’s Office of Inspector General and Employee Benefits Security Administration, the Internal Revenue Service-Criminal Investigation Division, and the Federal Bureau of Investigation for their outstanding work on the investigation.  Mr. Berman also thanked the Department of Justice’s Labor-Management Racketeering Unit of the Organized Crime and Gang Section for their assistance in this case.

This matter is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorney Michael D. Neff is in charge of the prosecution.

Deported Felon Sentenced To 60 Months In Prison

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FORT WAYNE – Luis Carrera, age 45, of Hammond, Indiana was sentenced before U.S. District Court Judge Holly A. Brady upon his plea of guilty to possession with intent to distribute more than 500 grams of cocaine, announced U.S. Attorney Kirsch.

Carrera was sentenced to 60 months in prison with 4 years of supervised release, however he will be deported upon completion of his federal sentence.

According to documents in this case, Carrera brought a kilogram of cocaine to Fort Wayne from Hammond, Indiana.  During a search of the vehicle driven by Mr. Carrera, officers found the cocaine wrapped and concealed in a plastic oil bottle.  Mr. Carrera was previously removed from the U.S. for attempted illegal entry and was also on probation in Porter County, Indiana for dealing Marijuana.

The case was investigated by the Drug Enforcement Administration with the assistance of the Fort Wayne Police Department.  The case was handled by Assistant United States Attorney Stacey R. Speith. 

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South Korean National and Hundreds of Others Charged Worldwide in the Takedown of the Largest Darknet Child Pornography Website, Which was Funded by Bitcoin

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WASHINGTON - Jong Woo Son, 23, a South Korean national, was indicted by a federal grand jury in the District of Columbia for his operation of Welcome To Video, the largest child sexual exploitation market by volume of content.  The nine-count indictment was unsealed today along with a parallel civil forfeiture action.  Son has also been charged and convicted in South Korea and is currently in custody serving his sentence in South Korea.  An additional 337 site users residing in Alabama, Arkansas, California, Connecticut, Florida, Georgia, Kansas, Louisiana, Maryland, Massachusetts, Nebraska, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington State and Washington, D.C. as well as the United Kingdom, South Korea, Germany, Saudi Arabia, the United Arab Emirates, the Czech Republic, Canada, Ireland, Spain, Brazil and Australia have been arrested and charged.  

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Jessie K. Liu for the District of Columbia, Chief Don Fort of IRS Criminal Investigation (IRS-CI) and Acting Executive Associate Director Alysa Erichs of U.S. Immigration and Customs Enforcement (ICE)’s Homeland Security Investigations (HSI), made the announcement.

“Darknet sites that profit from the sexual exploitation of children are among the most vile and reprehensible forms of criminal behavior,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.  “This Administration will not allow child predators to use lawless online spaces as a shield.  Today’s announcement demonstrates that the Department of Justice remains firmly committed to working closely with our partners in South Korea and around the world to rescue child victims and bring to justice the perpetrators of these abhorrent crimes.”

“Children around the world are safer because of the actions taken by U.S. and foreign law enforcement to prosecute this case and recover funds for victims,” said U.S. Attorney Jessie K. Liu.  “We will continue to pursue such criminals on and off the darknet in the United States and abroad, to ensure they receive the punishment their terrible crimes deserve.”

“Through the sophisticated tracing of bitcoin transactions, IRS-CI special agents were able to determine the location of the Darknet server, identify the administrator of the website and ultimately track down the website server’s physical location in South Korea,” said IRS-CI Chief Don Fort.  “This largescale criminal enterprise that endangered the safety of children around the world is no more.  Regardless of the illicit scheme, and whether the proceeds are virtual or tangible, we will continue to work with our federal and international partners to track down these disgusting organizations and bring them to justice.”

“Children are our most vulnerable population, and crimes such as these are unthinkable,” said HSI Acting Executive Associate Director Alysa Erichs.  “Sadly, advances in technology have enabled child predators to hide behind the dark web and cryptocurrency to further their criminal activity.  However, today’s indictment sends a strong message to criminals that no matter how sophisticated the technology or how widespread the network, child exploitation will not be tolerated in the United States. Our entire justice system will stop at nothing to prevent these heinous crimes, safeguard our children, and bring justice to all.”

According to the indictment, on March 5, 2018, agents from the IRS-CI, HSI, National Crime Agency in the United Kingdom, and Korean National Police in South Korea arrested Son and seized the server that he used to operate a Darknet market that exclusively advertised child sexual exploitation videos available for download by members of the site.  The operation resulted in the seizure of approximately eight terabytes of child sexual exploitation videos, which is one of the largest seizures of its kind.  The images, which are currently being analyzed by the National Center for Missing and Exploited Children (NCMEC), contained over 250,000 unique videos, and 45 percent of the videos currently analyzed contain new images that have not been previously known to exist.

Welcome To Video offered these videos for sale using the cryptocurrency bitcoin.  Typically, sites of this kind give users a forum to trade in these depictions.  This Darknet website is among the first of its kind to monetize child exploitation videos using bitcoin.  In fact, the site itself boasted over one million downloads of child exploitation videos by users.  Each user received a unique bitcoin address when the user created an account on the website.  An analysis of the server revealed that the website had more than one million bitcoin addresses, signifying that the website had capacity for at least one million users.

The agencies have shared data from the seized server with law enforcement around the world to assist in identifying and prosecuting customers of the site.  This has resulted in leads sent to 38 countries and yielded arrests of 337 subjects around the world.  The operation has resulted in searches of residences and businesses of approximately 92 individuals in the United States.  Notably, the operation is responsible for the rescue of at least 23 minor victims residing in the United States, Spain and the United Kingdom, who were being actively abused by the users of the site.

In the Washington, D.C.-metropolitan area, the operation has led to the execution of five search warrants and eight arrests of individuals who both conspired with the administrator of the site and were themselves, users of the website.  Two users of the Darknet market committed suicide subsequent to the execution of search warrants.

Amongst the sites users charged are:

•Charles Wunderlich, 34, of Hot Springs, California, was charged in the District of Columbia with conspiracy to distribute child pornography;

•Brian James LaPrath, 34, of San Diego, California, was arrested in the District of Columbia, for international money laundering; and was sentenced to serve 18 months in prison followed by three years of supervised release;

•Ernest Wagner, 70, of Federal Way, Washington, was arrested and charged in the District of Columbia with conspiracy to distribute child pornography;

•Vincent Galarzo, 28, of Glendale, New York, was arrested and charged in the District of Columbia with conspiracy to distribute child pornography;

•Michael Ezeagbor, 22, of Pflugerville, Texas, was arrested and charged in the District of Columbia with conspiracy to distribute child pornography;

•Nicholas Stengel, 45, of Washington, D.C., pleaded guilty to receipt of child pornography and money laundering and was sentenced to serve 15 years in prison followed by a lifetime of supervised release;

•Eryk Mark Chamberlin, 25, of Worcester, Massachusetts, pleaded guilty to possession  of child pornography and is pending sentencing;

•Jairo Flores, 30, of Cambridge, Massachusetts, pleaded guilty in the District of Massachusetts to receipt and possession of child pornography and was sentenced to serve five years in prison followed by five years of supervised release;

•Billy Penaloza, 29, of Dorchester, Massachusetts, pleaded guilty in the District of Massachusetts to possession and receipt of child pornography. His sentencing is scheduled for Oct. 22, 2019;

•Michael Armstrong, 35, of Randolph, Massachusetts, pleaded guilty in the District of Massachusetts, to receipt and possession of child pornography. He was sentenced to serve five years in prison followed by five years of supervised release.  Restitution will be determined at a future date;

•Al Ramadhanu Soedomo, 28, of Lynn, Massachusetts, pleaded guilty to possession of child pornography and was sentenced in the District of Massachusetts (Boston), to serve 12 months and one day followed by five years of supervised release;

•Phillip Sungmin Hong, 24, of Sharon, Massachusetts, pleaded guilty in the District of Massachusetts (Boston), to receipt and possession of child pornography and is pending sentencing;

•Eliseo Arteaga Jr., 28, of Mesquite, Texas, pleaded guilty in the Northern District of Texas to possession of prepubescent child pornography. He is pending sentencing;

•Richard Nikolai Gratkowski, 40, of San Antonio, Texas, a former HSI special agent, was arrested in the Western District of Texas.  Gratkowski pleaded guilty to the indictment charging one count of receipt of child pornography and one count of access with intent to view child pornography.  Gratkowski was sentenced to serve 70 months in prison followed by 10 years of supervised release, and ordered to pay $35,000 in restitution to seven victims and a $10,000 assessment;

•Paul Casey Whipple, 35, of Hondo, Texas, a U.S. Border Patrol Agent, was arrested in the Western District of Texas, on charges of sexual exploitation of children/minors, production, distribution, and possession of child pornography.  Whipple remains in custody awaiting trial in San Antonio;

•Michael Lawson, 36, of Midland, Georgia, was arrested in the Middle District of Georgia on charges of attempted sexual exploitation of children and possession of child pornography.  He was sentenced to serve 121 months in prison followed by 10 years of supervised release following his plea to a superseding information charging him with one count of receipt of child pornography;

•Kevin Christopher Eagan, 39, of Brookhaven, Georgia, pleaded guilty to possession of child pornography in the Northern District of Georgia;

•Casey Santioius Head, 37, of Griffin, Georgia, was indicted in the Northern District of Georgia for distribution, receipt, and possession of child pornography;

•Andrew C. Chu, 28, of Garwood, New Jersey, was arrested and charged with receipt of child pornography. Those charges remain pending;

•Nader Hamdi Ahmed, 29 of Jersey City, New Jersey, was arrested in the District of New Jersey, for sexual exploitation or other abuse of children.  Ahmed pleaded guilty to an information charging him with one count of distribution of child pornography.  He is scheduled to be sentenced Oct. 1, 2019;

•Jeffrey Lee Harris, 32, of Pickens, South Carolina, pleaded guilty in the District of South Carolina for producing, distributing, and possessing child pornography;

•Laine Ormand Clark Jr., 27, of Conway, South Carolina, was arrested and charged in U.S. District Court in South Carolina Division for sexual possession of child pornography;

•Jack R. Dove III, 38, of Lakeland, Florida, was arrested in the Middle District of Florida for knowingly receiving and possessing visual depictions of minors engaged in sexually explicit conduct;

•Michael Matthew White, 39, of Miami Beach, Florida, was arrested in the Southern District of Florida for coercion and enticement;

•Nikolas Bennion Bradshaw, 24, of Bountiful, Utah, was arrested in the State of Utah, and charged with five counts of sexual exploitation of a minor, and was sentenced to time served with 91 days in jail followed by probation;

•Michael Don Gibbs, 37, of Holladay, Utah, was charged in the District of Utah with receipt of child pornography and possession of child pornography;

•Ammar Atef H. Alahdali, 22, of Arlington, Virginia, pleaded guilty in the Eastern District of Virginia to receipt of child pornography and was sentenced to serve five years in prison and ordered to pay $3,000 in restitution;

•Mark Lindsay Rohrer, 38, of West Hartford, Connecticut, pleaded guilty in the District of Connecticut to receipt of child pornography and was sentenced to serve 60 months in prison followed by five years of supervised release;

•Eugene Edward Jung, 47, of San Francisco, California, was indicted in the Northern District of California on possession of child pornography and receipt of child pornography;

•James Daosaeng, 25, of Springdale, Arkansas, pleaded guilty to possession of child pornography and was sentenced in the Western District of Arkansas (Fayetteville) to serve 97 months in prison followed by 20 years of supervised release;

•Alex Daniel Paxton, 30, of Columbus, Ohio, was arrested and indicted in Franklin County Ohio Court of Common Pleas for pandering sexually oriented matter involving a minor;

•Don Edward Pannell, 32, of Harvey, Louisiana, pleaded guilty in the Eastern District of Louisiana for receipt of child pornography. He is pending sentencing;

•Ryan Thomas Carver, 29, of Huntsville, Alabama, was arrested and charged under Alabama State Law.  He was charged federally in the Northern District of Alabama with possession of child pornography. His case is pending in Huntsville, Alabama;

•Andrew Buckley, 28, of the United Kingdom, pleaded guilty to 10 offences in the UK of possession and distribution of indecent images of children, possession of extreme and prohibited images and possession of a class A drug.  He was sentenced to serve 40 months in prison for the distribution of indecent images and possession of class A drugs. Buckley is also subject to an indefinite Sexual Harm Prevention Order;

•Kyle Fox, 26, of the United Kingdom, pleaded guilty to 22 counts including rape, sexual assault, and sharing indecent images, and was sentenced to serve 22 years in prison; and

•Mohammed Almaker, 26, of Fort Collins, Colorado, was arrested in the Kingdom of Saudi Arabia (KSA), charged with KSA Law involving the endangerment of children.  He is awaiting judicial proceedings in furtherance of criminal charges.

A forfeiture complaint was also unsealed today.  The complaint alleges that law enforcement was able to trace payments of bitcoin to the Darknet site by following the flow of funds on the blockchain.  The virtual currency accounts identified in the complaint were allegedly used by 24 individuals in five countries to fund the website and promote the exploitation of children.  The forfeiture complaint seeks to recover these funds and, ultimately through the restoration process, return the illicit funds to victims of the crime.

The charges in the indictment are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The international investigations were led by the IRS-CI, HSI and the NCA.  The Korean National Police of the Republic of Korea, the National Crime Agency of the United Kingdom and the German Federal Criminal Police (the Bundeskriminalamt), provided assistance and coordinated with their parallel investigations.  The Department of Justice’s Office of International Affairs of the Criminal Division provided significant assistance.  

The cases are being handled by Assistant U.S. Attorneys Zia M. Faruqui, Lindsay Suttenberg, and Youli Lee, Paralegal Specialists Brian Rickers and Diane Brashears, Legal Assistant Jessica McCormick, and Records Examiner Chad Byron of the U.S. Attorney’s Office for the District of Columbia and Trial Attorney C. Alden Pelker of the Criminal Division’s Computer Crime and Intellectual Property Section.  Additional assistance has been provided by Deputy Chief Keith Becker and Trial Attorney James E. Burke IV of the Criminal Division’s Child Exploitation and Obscenity Section, and former U.S. Attorney’s Office Paralegal Specialists Toni Anne Donato and Ty Eaton.

 

Philadelphia Man Sentenced to Nearly 6 Years in Prison for Scheme to Create Fake IDs and Bribe PennDOT Official

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PHILADELPHIA – United States Attorney William M. McSwain announced that Bakary Camara, 32, of Philadelphia, Pennsylvania, was sentenced to 70 months’ incarceration and three years’ supervised release by United States District Judge John R. Padova for his scheme to produce fake Pennsylvania identification documents by bribing a state official. In February 2019, a jury convicted Camara of numerous charges, including conspiracy to unlawfully produce identification documents, bribery of an agent from the Pennsylvania Department of Transportation (PennDOT), misuse of a social security number, and aggravated identity theft.

According to evidence presented at trial, Camara bribed a PennDOT agent with cash payments in exchange for the issuance of driver’s licenses to dozens of foreign nationals who failed to take the required tests and failed to provide proof of residency. Some who received their license through Camara were new to the country, could not speak English, and were unfamiliar with the process of obtaining a driver’s license, while others could not pass the PennDOT knowledge or road tests. In particular, Camara fraudulently used another person’s social security number on proof of residency documents in an attempt to make it appear that two New York residents were residents of Pennsylvania.

Camara’s co-conspirator, the PennDOT agent, entered false information into the PennDOT system stating the individuals passed the required tests and met the residency requirements when they had not. The PennDOT agent then unlawfully issued driver’s licenses to those individuals. The scheme ran from at least April 2014 through May 2015. During that time, Camara unlawfully assisted at least 30 immigrants in obtaining Pennsylvania learner’s permits and driver’s licenses. Camara charged these individuals $300 to $7,000 for each Pennsylvania driver’s license. Camara provided the PennDOT official at least $5,100 in bribes.

“This kind of bribery and fraud is atrocious and an affront to public safety,” said U.S. Attorney McSwain. “Government-issued identification should never be procured by fraud, but to provide fraudulent driver’s licenses to those who should not be operating a vehicle on our roads is incredibly dangerous. We will aggressively investigate and root out this type of unconscionable behavior.”

The case was investigated by the Department of Homeland Security, the Social Security Administration, Office of Inspector General, and Pennsylvania Department of Transportation. The case is being prosecuted by Assistant United States Attorney Tiwana Wright.

Manhattan U.S. Attorney Files Civil Rights Suit Against Real Estate Firm And Developer For Designing And Constructing 68 Rental Apartment Buildings With Inaccessible Conditions

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that the United States has filed a federal civil rights lawsuit against real estate firm ATLANTIC DEVELOPMENT GROUP, LLC (“ATLANTIC”), and its principal, PETER FINE, for engaging in a pattern or practice of violations of the accessible design and construction requirements of the Fair Housing Act (“FHA”).  Specifically, the United States alleges that ATLANTIC and FINE have designed and constructed more than 6,000 apartments in 68 rental buildings throughout the Bronx, Manhattan, and Westchester County that do not comply with the FHA’s accessibility requirements.  The lawsuit seeks a court order directing ATLANTIC and FINE to retrofit these buildings to make them accessible to people with disabilities, to make changes to policies and procedures, and to compensate individuals who suffered discrimination due to the inaccessible conditions.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “The Fair Housing Act’s accessibility provisions were enacted to ensure that people with disabilities are not consigned to second-class status when it comes to housing.  These rights under the FHA apply equally to residents who live in affordable housing as those living in luxury high-rises.  With today’s lawsuit, real estate firms and developers in this District – including developers of affordable housing like Atlantic and Fine – should know that this Office will continue to use all available tools to enforce the FHA’s promise of accessibility in housing for people with disabilities.”

The FHA’s accessible design and construction provisions require multifamily housing complexes constructed after January 1991 to have basic features accessible to persons with disabilities.  According to the Complaint, ATLANTIC and FINE failed to comply with the FHA’s accessibility requirements in designing and constructing 68 rental buildings that contain more than 6,000 apartments.  As alleged in the Complaint, the inaccessible conditions include, among others:

  • Excessively high thresholds at building entrances and entrances to common use areas like community rooms;
  • Entrance ramps that lack handrails on both sides;
  • Insufficient clear floor space in bathrooms within individual apartments;
  • Insufficient widths between sinks or refrigerators and opposing ranges or counters in kitchens within individual apartments;
  • Excessively high thresholds at entrances to individual apartments and within individual apartments; and
  • Common use bathrooms that lack pipe insulation and toilet grab-bars.

           

The Complaint also alleges that these types of inaccessible conditions recur throughout the rental buildings developed by ATLANTIC and FINE across more than 15 years and involving multiple architects.  Further, according the Complaint, many of the rental buildings at issue are designated for low-income residents, and FINE, through ATLANTIC, earned substantial profits from those developments on account of having received so-called 421-a tax exemption certificates for developing low-income rental properties.

Due to the inaccessible conditions at the rental buildings they designed and constructed, the Complaint alleges that ATLANTIC and FINE engaged in a pattern or practice of resistance to the full enjoyment of rights protected by the FHA and in denying such rights to people with disabilities.  The Complaint seeks a court order directing ATLANTIC and FINE to retrofit the individual apartments as well as the public and common use areas in the 68 rental buildings so that they are accessible, to adopt policies and procedures to ensure FHA compliance in future constructions, and to compensate people who suffered discrimination due to the inaccessible conditions.

People who believe they may have experienced discrimination due to the inaccessible conditions at the 68 rental buildings developed by ATLANTIC and FINE may contact the Civil Rights Complaint Line at (212) 637-0840, use the Civil Rights Complaint Form available on the United States Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or send a written report to:

U.S. Attorney’s Office, Southern District of New York

86 Chambers Street, 3rd Floor

New York, New York 10007

Attention: Chief, Civil Rights Unit

The case is being handled by the Office’s Civil Rights Unit.  Assistant U.S. Attorneys Li Yu, Jacob Lillywhite, Steven Kochevar, and Natasha Teleanu are in charge of the case.

Shelbyville Man Sentenced to 151 Months for Receiving Child Pornography

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FRANKFORT, Ky.– Joseph S. Gable, 63, of Shelbyville, Kentucky, was sentenced to 151 months in federal prison on Wednesday, by United States District Judge Gregory F. Van Tatenhove, for knowingly receiving child pornography.

Gable previously admitted that, in August of 2018, he knowingly received images of child pornography on his computer.  A forensic examination of Gable’s computer and electronic storage devices revealed 35,972 still images and 807 videos of child pornography, including some that depicted children under the age of 12 and some that depicted sadistic or masochistic conduct.

Under federal law, Gable must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for life following his release from prison.

“Child pornography and child exploitation cases are some of the most important and impactful cases that law enforcement encounters,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “We, along with our federal, state, and local law enforcement partners, are committed to holding accountable those who manufacture, possess, or receive child pornography.  To be clear, receiving child pornography is not a victimless crime.  The creation of these images causes untold harm to the children depicted, and their victimization continues each time an image is shared with someone else.  The defendant is well deserving of the sentence he received today.   

United States Attorney Duncan, Steve Igyarto, Special Agent in Charge, Department of Homeland Security- Homeland Security Investigations (DHS-HSI), and Andy Beshear, Kentucky Attorney General, jointly announced the sentence.

The investigation was conducted by HSI and the Kentucky Office of Attorney General’s Cyber Crimes Branch.  The United States was represented by Assistant United States Attorney David Marye.

– END –

Former IRS Employee Indicted for Fraud Scheme

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KANSAS CITY, Mo. – A former IRS employee has been indicted by a federal grand jury for stealing refunds from taxpayers.

Tamara R. Miller, 39, of Kansas City, Missouri, was charged in a five-count indictment returned under seal by a federal grand jury in Kansas City on Oct. 2, 2019. That indictment was unsealed and made public today upon Miller’s arrest and initial court appearance.

Miller was employed by the IRS as a data transcriber at the Kansas City Service Center. As part  of her duties, Miller handled individual income tax returns received by mail at the Kansas City Service Center. 

The federal indictment alleges that Miller selected tax returns on which the “Refund” section did not show a routing number or account number for a direct deposit to a financial institution (indicating the taxpayer elected to have the refund paid by a U.S. Treasury check). Miller allegedly used taxpayers’ means of identification, including names and Social Security numbers, shown on their tax returns to apply for accounts at online banks that issued prepaid debit cards. If Miller succeeded in opening an online account with a taxpayer’s means of identification, she entered the routing number and account number for the fraudulently created account in the “Refund” section of the taxpayer’s Form 1040. Miller had access to the fraudulently created account; the taxpayer did not know the account existed.

As an alternative means of fraudulently altering taxpayers’ returns, Miller entered the routing and account numbers for an existing online account to which she had access in the “Refund” section of the Forms 1040, thereby falsely representing that the taxpayer elected to have the refund amount deposited directly to that account.

Miller allegedly caused the fraudulently altered Forms 1040 to be submitted and processed for payment of the refund amounts requested by the taxpayers. The refund amounts were subsequently deposited directly to accounts controlled by Miller and accessible to Miller.

The indictment cites two victims of Miller’s fraud scheme, with a total loss amount of $5,214. Miller is charged with two counts of wire fraud, one count of aggravated identity theft, and two counts of theft of public money.

The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

This case is being prosecuted by Assistant U.S. Attorney Tom Larson. It was investigated by the U.S. Treasury Inspector General for Tax Administration.

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