United States Attorney Brandon J. Fremin announced the conviction of Jonathan Francis Kimbrell, a 45-year-old resident of Livingston, Louisiana.  Kimbrell was indicted by a federal grand jury on June 20, 2019, and charged with the attempted enticement of a minor.

After a four-day trial before U.S. District Judge John W. deGravelles, the jury unanimously convicted Kimbrell after deliberating for approximately two hours.  As the evidence at trial demonstrated, from May 2, 2019, until June 6, 2019, the defendant communicated online with two undercover FBI agents.  The defendant believed that he was communicating with an 11-year old girl, her stepfather, and her mother, when in fact, the FBI agents had undertaken those online personas.  The defendant believed that the “stepfather” had been repeatedly molesting his “stepdaughter” and was now offering the “child” for sexual encounters by another adult.  The defendant did his best to convince the stepfather, mother, and child that he should be allowed to join in molesting the child.  Hundreds of emails were exchanged over more than 30 days in which Kimbrell sent numerous graphic emails describing how he would have sex with the child.  Kimbrell also did his best to convince the three that sex would be better with him than with the stepfather.  During the conversations with the fictitious child, Kimbrell developed and encouraged the nicknames of “Turtle” for himself and “Princess” for the child.   Eventually, Kimbrell met the undercover agents who he believed to be the stepfather and mother at a restaurant in Denham Springs to discuss the ground rules for his first sexual encounter with the 11-year old girl.  At this meeting, the defendant believed the child to be waiting in a motel room across the parking lot.  Kimbrell was arrested as he left the restaurant walking toward the motel where he believed the child was waiting.  When he was arrested, Kimbrell was found to be in possession of two boxes of condoms, personal lubricant, and baby oil.  Kimbrell was also in possession of a rhinestone key chain that spelled out “Princess,” which he had purchased as a gift for the child.

As a result of this conviction, Kimbrell faces a maximum sentence of not less than ten years and up to life in federal prison, a fine of $250,000, and supervised release of not less than five years and up to life.  In addition to the supervised release, Kimbrell will be subject to federal and state sex offender registration requirements, which will apply throughout his life.

U.S. Attorney Fremin stated, “Justice was achieved today.  The evidence presented at trial clearly established that the defendant took several steps to engage in sexual conduct with a minor and that he worked continuously to achieve his goal. This conviction illustrates that protecting our children from people like Jonathan Kimbrell will continue to be a top priority of this office.  I commend the excellent work of the prosecutors and agents involved in this important matter, and we look forward to continuing to work with our law enforcement partners to aggressively pursue offenders who target the most vulnerable members of our community.”

Bryan A. Vorndran, FBI New Orleans Special Agent in Charge, stated,  “Protecting children against predators is paramount.  The FBI’s Baton Rouge Crimes Against Children and Human Trafficking Task Force intercepted Jonathan Kimbrell while he was enroute to meet an 11-year old child for the purposes of engaging in sex.  The men and women of the FBI New Orleans Field Office will continue to aggressively pursue those who attempt to harm and exploit children.”

This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States Attorneys Frederick A. Menner, Jr. and Demetrius D. Sumner.   

St. Louis, Missouri – Eleven individuals were indicted today by a federal grand jury for conspiracy to distribute controlled medications, such as oxycodone, without a legitimate medical purpose; obtaining controlled medication by deceit and subterfuge; paying and receiving illegal kickbacks for referrals to lab for urine tests of the patients; and submitting false claims to Medicare and other health insurers.

ASIM MUHAMMAD ALI, M.D., 49, of Creve Coeur;

ALEXIS DORJAY BUTLER, 32, of Bellefontaine Neighbors;

SHAUNTA C. CROSBY, 33, of Ferguson;

ERIN MELISSA HERMAN, 35, of Oakville;

VLADIMIR KOGAN, 39, of Afton;

JERRY DALE LEECH, D.C., 47, of Creve Coeur;

STANLEY L. LIBRACH, M.D., 58, of Chesterfield;

DENIS J. MIKHLIN, 40, of Chesterfield;

EBONY R. PRICE, 37, of St. Louis;

ERICA T. SPATES, 32, of Berkley; and

TIJUANA A. SPATES, 36, of Jennings.

According to the indictment, Dr. Asim Muhammad Ali and Dr. Stanley Librach, medical doctors, and Dr. Jerry Dale Leech, a chiropractor, and Denis J. Mikhlin illegally wrote and distributed hundreds of prescriptions for oxycodone, oxycontin, hydromorphone, and fentanyl for patients whom Dr. Ali and Dr. Librach did not see, examine, or evaluate. One day a week for about two hours, Dr. Ali or Dr. Librach came into the American Pain Institute (API) and later Institute for Pain Management (IPM) and pre-sign stacks of prescriptions, which were given to API and IPM patients during the next week or two. Dr. Ali and Dr. Librach continued to write prescriptions for controlled substance drugs although many patients repeatedly tested negative for the prescribed drugs and positive for illegal street drugs.

According to the indictment, Dr. Leech, an owner of API and chief of staff for IPM, Denis Mikhlin, the owner of Doctors on the Go, and the other defendants bought and sold prescriptions for controlled substances written in the name of Dr. Librach and other doctors. Dr. Leech received between $200 and $500 for each script he sold, receiving on some occasions as much as $5000.  Dr. Leech and Mikhlin also identified or had other co-defendants identify persons whose names could be used on fraudulent scripts.  The patients were paid in cash or with some of the pills. Dr. Ali, one of the co-owners of Central Diagnostic Laboratory (CDL) paid illegal kickbacks to Dr. Leech, Dr. Librach, and Mikhlin for the referral of drug tests that they sent to CDL.

“Doctors and trained practitioners know better than anyone the twin dangers of addiction and overdose that come with powerful narcotics,” said DEA St. Louis Division Special Agent in Charge William Callahan. "DEA will investigate doctors, like these ones, who prescribe a controlled substance outside the normal course of professional practice and for no legitimate medical purpose to stop their illegal practices."

“As Attorney General, it’s my duty to protect all six million Missourians. To that point, our Medicaid Fraud Control Unit works diligently with both state and federal partners to root out and prosecute fraud. When doctors are abusing the healthcare system and irresponsibly doling out potentially addictive medications for personal gain, we need to hold them responsible. I’m grateful for the chance to work with our federal partners on this case.”

"According to the Centers for Disease Control and Prevention, the majority of overdose deaths in this country involved prescription or illicit opioid," said Special Agent in Charge Richard Quinn of the FBI St. Louis Division. "It is appalling that any health care professional would knowingly fuel this epidemic rather than help stop it."

“Doctors who prescribe medically unnecessary and potentially addictive drugs are a threat to their patients, and their actions will not be tolerated,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “We will continue working closely with our State and Federal law enforcement partners to protect patients and the government healthcare programs on which they depend.”

If convicted, each count carries a maximum penalty of 10 years in prison and a $250,000 fine.  In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.

The Drug Enforcement Administration, the Attorney General’s Medicaid Fraud Control Unit, the Federal Bureau of Investigation, the Defense Criminal Investigative Service, and the Department of Health and Human Services – OIG are investigating this case. Assistant United States Attorney Dorothy McMurtry is handling this case.

Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt.  Every defendant is presumed to be innocent unless and until proven guilty. 

NASHVILLE, Tenn. – February 14, 2020 – Cookeville Regional Medical Center Authority, has agreed to pay $4.1 million to settle allegations that it violated the False Claims Act (“FCA”), announced Don Cochran, United States Attorney for the Middle District of Tennessee. The alleged conduct involved payments to physicians in violation of the Anti-Kickback Statute and Stark Law.

“Federal statutes exist to protect the well-being of patients and to prevent improper influence on patient care by providers,” said U.S. Attorney Don Cochran.   “The U.S. Attorney’s Office and our law enforcement partners will continue to aggressively enforce the laws designed to protect the patient and the integrity of federal healthcare programs.”

The settlement resolves allegations by the United States and State of Tennessee that from January 2012 through December 2017, Cookeville Regional Medical Center (“CRMC”), a hospital in Cookeville, Tennessee, submitted false claims for payment to the Medicare program and to TennCare as a result of violations of the Federal Anti-Kickback Statute and the Stark Law. These violations related to financial arrangements between CRMC and physicians associated with its wholly owned subsidiary physician practice, CRMC MSO-Sub 1, Inc. d/b/a Tennessee Heart.

Under the terms of the agreement, the United States will receive $3,647,155.00 and the State of Tennessee will receive $452,845.00.   

“The Stark Law prohibits hospitals and physicians from entering into improper financial relationships that can disrupt the physician decision-making process,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta.  “Our agency, working closely with our law enforcement partners, will continue to protect patients and the federal health care programs that serve them.”

“We are fortunate to have this strong relationship with our federal law enforcement partners, and continue to be diligent in pursuing false claim actions that have the potential to affect quality of our health care, in addition to costing consumers and taxpayers,” said TBI Director David Rausch.

The allegations resolved by today’s settlement were originally raised in a lawsuit filed against CRMC by a former employee who brought claims under the qui tam, or whistleblower, provisions of the FCA, which allow private citizens with knowledge of false claims to bring civil suits on behalf of the government and to share in any recovery. The whistleblower will receive $779,000 as his share of the settlement.

This matter was investigated by the Department of Health and Human Services, Office of Inspector General; the Tennessee Attorney General’s Office; the Tennessee Bureau of Investigation; and the United States Attorney’s Office for the Middle District of Tennessee.  The United States is represented by Assistant U.S. Attorney Sarah K. Bogni. The claims settled by this agreement are allegations only, and there has been no determination of liability.

This case is docketed as United States ex rel. Seabury v. Cookeville Regional Medical Center Authority, d/b/a Cookeville Regional Medical Center, d/b/a Cookeville Regional Medical Group, Inc., f/k/a CRMC MSO, Inc., d/b/a CRMC MSO Sub-1, Inc., d/b/a Tennessee Heart, Civ. Action No. 2:15-cv-00065 (M.D. Tenn.).

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The Office of the United States Attorney for the District of Vermont stated that John Guerrero (also known as “Sunshine” to his former drug customers in Franklin County) was sentenced today in federal court on one count of conspiring to distribute two hundred and eighty grams or more of cocaine base and one count of conspiring to possess firearms in furtherance of the drug trafficking crime.  Guerrero—who is 27 and a resident of Boston, Massachusetts—was sentenced by U.S. District Judge Christina Reiss to a period of incarceration of 155 months, to be followed by 5 years of supervised release, for his role in the conspiracies. 

The defendant pleaded guilty pursuant to a plea agreement he entered into with the United States.  According to court records, Guerrero was responsible for the distribution of at least 2.8 kilograms of “crack” cocaine in the Franklin County area and for the trafficking of at least 30 illegally purchased firearms from Vermont to the Boston area.  Guerrero and his coconspirators used drug customers to purchase firearms for them in exchange for controlled substances.  Their offenses continued from at least September 2017 through March 2018. 

As part of his plea agreement, the defendant had agreed to a sentencing range of 144 to 180 months (12-15 years).  In exchange, the United States agreed to dismiss two additional criminal charges, including interstate transportation of firearms from which the serial numbers had been removed, altered, or obliterated.  The defendant could have been sentenced up to life imprisonment for the remaining counts of conviction in the absence of the plea agreement.

United States Attorney Christina E. Nolan noted: “These cases are among the most serious cases we investigate and prosecute.  The damage currently caused by dangerous drugs in our communities, including those in Franklin County, cannot be overstated.  To make the situation worse, these particular individuals trafficked firearms across state lines into a separate community, deliberately introducing them into neighborhoods already saturated with violent crime.  The U.S. Attorney’s Office remains committed to the prosecution of crimes at the intersection of dangerous drugs and illegal firearms.”

The investigation of this case was a joint effort between agents with the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and local law enforcement—particularly the St. Albans Police Department.  Their efforts were part of Project Safe Neighborhoods (PSN), a centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This prosecution was handled by Assistant United States Attorney Matthew Lasher.  John Guerrero was represented by David F. Kidney, Esq. of Barre, Vermont.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Abingdon, VIRGINIA – Animal Health International Inc. (AHI), a Colorado corporation that obtains prescription drugs for animals from manufacturers for further distribution to veterinarians, farms, feedlots, and other facilities, pleaded guilty today, through its corporate counsel, in U.S. District Court to introducing a misbranded drug into interstate commerce. Also, Patterson Companies, Inc. (Patterson) AHI’s corporate parent, entered into a non-prosecution agreement in which it committed to enhance its compliance program and fully comply with the law. United States Attorney Thomas T. Cullen and Special Agent in Charge Mark S. McCormack of the FDA’s Office of Criminal Investigations Metro Washington Field Office, made the announcement today.

Pursuant to the agreements entered into by AHI and Patterson, AHI admitted to introducing and causing the introduction and delivery into interstate commerce of veterinary prescription drugs that were misbranded and agreed to pay $1 million to the Virginia Department of Health Professionals, a $5 million fine, and a forfeiture money judgement of $46,802,203. In past 18 months, Patterson has fully cooperated in the investigation and implemented changes to AHI’s and its compliance programs to prevent further violations of federal and state law.

“Today’s conviction demonstrates that our office will not tolerate when entities or individuals illegally bypass the important safeguards that exist to protect our nation’s food sources,” First Assistant United States Attorney Daniel P. Bubar said today. “We will continue to work closely with our partner agencies to make sure that veterinary drug distributors uphold their important obligations.”

“The FDA recognizes the importance of controlling the prescription drug supply for animals. The careless or uncontrolled distribution of prescription animal drugs poses a danger not only to the medicated animals but to the U.S. public health by increasing the risk that humans will become resistant to antibiotics that we unknowingly consume through our food supply.,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office.  “We will continue to pursue and bring to justice those who distribute prescription animal drugs unlawfully.”

The Food and Drug Administration’s restrictions on veterinary prescription drugs are not primarily to protect animals from the potential harms of prescription drugs, but are to protect the human food supply from unsafe drug residues in the edible tissues of animals sold for slaughter. Common causes of illegal residues include: (1) exceeding the drug’s approved dose; (2) using a shorter withdrawal period than what is stated on the drug’s label (if a higher than approved dose is given, the labeled withdrawal period may not be enough to allow the drug in the edible tissues to deplete to levels that are at or below the tolerance); (3) using a drug in an extra-label manner (for indications and dosages outside the approved labeling) without a veterinarian’s involvement; (4) giving a drug not approved for that species; and (5) using an unapproved route of administration. Drug residues in the nation's drug supply are concerning because: (1) they may contribute to antibiotic resistance in the human population, rendering human drugs less effective to treat human disease and contributing to the mutations of “superbugs”; and (2) they may cause allergic reactions in individuals with certain drug allergies.

According to court documents, from 2012 through 2018, AHI caused misbranded veterinary prescription drug shipments to be made throughout the United States by distributing veterinary drugs from its wholesale locations directly to end users and by distributing veterinary drugs to unlicensed individuals.

Two such unlicensed individuals, Marlin Webb and Billy K. Groce, were not properly licensed to receive, transport, store, distribute, or dispense veterinary prescription drugs. Webb was the store manager of a cooperative in Hillsville, Virginia. The cooperative was not a licensed wholesaler, pharmacy, or veterinary clinic. Groce operated an unlicensed veterinary prescription distribution business.  Webb and Groce each obtained veterinary prescription drugs from AHI in interstate commerce without valid prescriptions, and on many occasions, with no prescriptions at all. Webb and Groce previously pled guilty to criminal charges for their conduct in United States District Court in Abingdon.

While, as stated in the charge to which AHI pled guilty, AHI obtained not less than $46,802,203 from its illegal shipments, its profits from such shipments were a small percentage of the amount received.

United States District Judge James P. Jones scheduled sentencing for April 28, 2020 at 2:30 p.m.

The investigation of the case was conducted by the Food and Drug Administration – Office of Criminal Investigations with the assistance of the Virginia Department of Health Professions.  Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.

Seattle – A former Bellevue, Washington, resident who relocated to Miami, was sentenced today in U.S. District Court in Seattle to 38 months in prison, three years of supervised release, and $2,359,914 in restitution for bankruptcy fraud.  MARINA BONDARENKO, 38, operated a ‘work-at- home’ email scheme that ultimately crashed – but not before she and her partner raided the cash to purchase homes, expensive cars, and a yacht.  The two set up a series of trusts to try to hide the diverted assets from the bankruptcy trustee after the sham company declared bankruptcy.  At the sentencing hearing, Chief U.S. District Judge Ricardo S. Martinez said he was concerned about respect for the law.  “She submitted false documents in two different judicial proceedings,” Chief Judge Martinez said. “She committed perjury – she took the witness stand and lied.”

According to records filed in the case, between July 2013 and March 2014, BONDARENKO and her partner, Volodimyr Pigida, siphoned off more than $3 million from a company they had established that essentially operated as a Ponzi scheme.  The pair used the money to purchase four properties, a yacht, and numerous cars.  As the Ponzi scheme unraveled, the company filed for bankruptcy protection.  BONDARENKO and Pigida never revealed to the bankruptcy court that they had looted the company coffers and transferred assets purchased with that money to ten trusts they had established.  In all, the pair attempted to conceal $3,334,750 in assets from the bankruptcy court and creditors.

BONDARENKO and her now-husband Pigida were indicted for conspiracy, mail, wire, and bankruptcy fraud in November 2018.  In September 2019, BONDARENKO pleaded guilty to bankruptcy fraud.  Pigida is scheduled for trial on the indictment in September 2020.

The company the two formed, Trend Sound Promoter AMG Corp., was supposed to conduct advertising and music promotion over the internet.  The couple sold Ad-promoting packages whereby those who bought a package were to be paid for email marketing.  The couple made claims to those purchasing the packages that they could make big money for sending emails on Trend Sound’s behalf.  In reality, the only money being generated was from those purchasing the packages, and it was used to pay earlier purchasers as in a typical Ponzi scheme.  As purchasers got wise and the money started to run out, BONDARENKO and Pigida accelerated their looting of the company, eventually transferring $3.3 million out of the company for their personal benefit.

The two even filed suit in King County Superior Court in an attempt to stop an unhappy customer from warning others about the company’s sham offering.  In her plea agreement, BONDARENKO admitted to providing perjured testimony in that proceeding.

The case is being investigated by the FBI and the U.S. Postal Inspection Service.  The case is being prosecuted by Assistant United States Attorneys Justin Arnold and Marie Dalton.

Abingdon, VIRGINIA – Animal Health International Inc. (AHI), a Colorado corporation that obtains prescription drugs for animals from manufacturers for further distribution to veterinarians, farms, feedlots, and other facilities, pleaded guilty today, through its corporate counsel, in U.S. District Court to introducing a misbranded drug into interstate commerce. Also, Patterson Companies, Inc. (Patterson) AHI’s corporate parent, entered into a non-prosecution agreement in which it committed to enhance its compliance program and fully comply with the law. United States Attorney Thomas T. Cullen and Special Agent in Charge Mark S. McCormack of the FDA’s Office of Criminal Investigations Metro Washington Field Office, made the announcement today.

Pursuant to the agreements entered into by AHI and Patterson, AHI admitted to introducing and causing the introduction and delivery into interstate commerce of veterinary prescription drugs that were misbranded and agreed to pay $1 million to the Virginia Department of Health Professionals, a $5 million fine, and a forfeiture money judgement of $46,802,203. In past 18 months, Patterson has fully cooperated in the investigation and implemented changes to AHI’s and its compliance programs to prevent further violations of federal and state law.

“Today’s conviction demonstrates that our office will not tolerate when entities or individuals illegally bypass the important safeguards that exist to protect our nation’s food sources,” First Assistant United States Attorney Daniel P. Bubar said today. “We will continue to work closely with our partner agencies to make sure that veterinary drug distributors uphold their important obligations.”

“The FDA recognizes the importance of controlling the prescription drug supply for animals. The careless or uncontrolled distribution of prescription animal drugs poses a danger not only to the medicated animals but to the U.S. public health by increasing the risk that humans will become resistant to antibiotics that we unknowingly consume through our food supply.,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office.  “We will continue to pursue and bring to justice those who distribute prescription animal drugs unlawfully.”

The Food and Drug Administration’s restrictions on veterinary prescription drugs are not primarily to protect animals from the potential harms of prescription drugs, but are to protect the human food supply from unsafe drug residues in the edible tissues of animals sold for slaughter. Common causes of illegal residues include: (1) exceeding the drug’s approved dose; (2) using a shorter withdrawal period than what is stated on the drug’s label (if a higher than approved dose is given, the labeled withdrawal period may not be enough to allow the drug in the edible tissues to deplete to levels that are at or below the tolerance); (3) using a drug in an extra-label manner (for indications and dosages outside the approved labeling) without a veterinarian’s involvement; (4) giving a drug not approved for that species; and (5) using an unapproved route of administration. Drug residues in the nation's drug supply are concerning because: (1) they may contribute to antibiotic resistance in the human population, rendering human drugs less effective to treat human disease and contributing to the mutations of “superbugs”; and (2) they may cause allergic reactions in individuals with certain drug allergies.

According to court documents, from 2012 through 2018, AHI caused misbranded veterinary prescription drug shipments to be made throughout the United States by distributing veterinary drugs from its wholesale locations directly to end users and by distributing veterinary drugs to unlicensed individuals.

Two such unlicensed individuals, Marlin Webb and Billy K. Groce, were not properly licensed to receive, transport, store, distribute, or dispense veterinary prescription drugs. Webb was the store manager of a cooperative in Hillsville, Virginia. The cooperative was not a licensed wholesaler, pharmacy, or veterinary clinic. Groce operated an unlicensed veterinary prescription distribution business.  Webb and Groce each obtained veterinary prescription drugs from AHI in interstate commerce without valid prescriptions, and on many occasions, with no prescriptions at all. Webb and Groce previously pled guilty to criminal charges for their conduct in United States District Court in Abingdon.

While, as stated in the charge to which AHI pled guilty, AHI obtained not less than $46,802,203 from its illegal shipments, its profits from such shipments were a small percentage of the amount received.

United States District Judge James P. Jones scheduled sentencing for April 28, 2020 at 2:30 p.m.

The investigation of the case was conducted by the Food and Drug Administration – Office of Criminal Investigations with the assistance of the Virginia Department of Health Professions.  Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.

      Montgomery, Alabama - On February 12, 2020, Diamond Markayla Mathis, 24, a resident of Montgomery, Alabama, was sentenced to 132 months in federal prison for her role in committing multiple armed robberies and violating federal firearms laws, announced U.S. Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge James Jewell, and Montgomery Police Chief Ernest Finley. Following her 11-year prison sentence, Mathis will be on supervised release for three years. She was also ordered to pay $6,975.00 in restitution to the victims.

      Mathis had previously pleaded guilty in November 2019 to taking part in a string of armed robberies that occurred in October 2016 with co-defendant, DeGregory Deon Lee, 24, also from Montgomery. According to court documents, their crime spree took place from October 24, 2016 until October 31, 2016, and included the robberies of ten Montgomery businesses. However, evidence indicates that Mathis only participated in six of those crimes. The robberies involving Mathis include:

• Hyundai Market Store on Woodmere Boulevard, October 24, 2016;
• Midori Sushi Bar on Woodmere Boulevard, October 24, 2016;
• Alabama Hotel on Monticello Drive, October 25, 2016;
• China King Restaurant on Zelda Road, October 30, 2016;
• Tai Ji Acupressure store on Minnie Brown Road, October 30, 2016; and
• Satsuki Japanese Restaurant on Atlanta Highway, October 30, 2016;   

      A firearm was used during each of the robberies and, on a least one occasion, Mathis used pepper spray against an employee. Evidence also indicated that she threatened some of the victims with a knife, and during the Alabama Hotel robbery, Mathis struck an employee with a can of pepper spray causing injury.

      Lee’s sentencing hearing will take place at a later date. At sentencing, he will be facing up to 20 years in prison for participating in the robberies listed above, along with two that took place on October 26, 2016, and two on October 31, 2016.

      “For too long, violent crime has plagued our communities,” stated U.S. Attorney Franklin. “Regardless of whether a person is walking down the street or working to make a living—like the victims in this case—everyone should feel safe in their daily activities. I hope that this case serves as a reminder that there are severe consequences for injecting fear and violence into the daily lives of members of our community.”

      FBI SAC James Jewell stated, "There is no place in today’s society for violent behavior and reckless disregard for human life. The men and women of the FBI work day in and day out with our state, local, and federal partners to see that justice is served upon predators such as these."

      Montgomery Police Chief Ernest Finley said, “The Montgomery Police Department appreciates our close working relationship with the U.S. Attorney’s Office and we want to thank our federal partners for bringing this investigation to a successful conclusion with the sentencing of Diamond Mathis and the pending sentencing of DeGregory Lee.”

      The Federal Bureau of Investigation and the Montgomery Police Department investigated this case. Assistant United States Attorney Russ Duraski prosecuted the case.

      This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Federal Bureau of Investigation and the Montgomery Police Department. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.

RALEIGH– United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, United States District Judge James C. Dever III sentenced JONATHAN ANTWAN MITCHELL, 34, of Henderson, North Carolina to 312 months imprisonment, followed by 5 years of supervised release.

MITCHELL was named in an Indictment filed on December 4, 2018, charging him with conspiracy to distribute and possess with the intent to distribute 100 grams or more of heroin, possess with the intent to distribute a quantity of heroin, and possession of a firearm in furtherance of a drug trafficking crime.  On July 22, 2019, MITCHELL pled guilty to that charge. 

According to the investigation, in August of 2018, agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted a controlled purchase of heroin from MITCHELL.  This purchase occurred in Henderson, North Carolina.

A few days later, a trooper with the North Carolina State Highway Patrol attempted to conduct a traffic stop on a car that MITCHELL was driving.  MITCHELL sped away, reaching speeds of up to approximately 80 mph in a 45 mph zone.  After a couple of miles, MITCHELL lost control and wrecked the car in a ditch.  MITCHELL ran from the car and after a struggle with the trooper, was ultimately placed under arrest.  Agents from the Vance County Sheriff’s Office and the State Bureau of Investigation arrived at the scene to assist.  As a result of the arrest and a search of the car, agents recovered over 1,200 dosage units of heroin, approximately $31,000 in US currency, a semiautomatic pistol, and a 50-round extended magazine.  MITCHELL later admitted to agents that he had been dealing heroin in the Henderson and Vance County area since 2014.

Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; the State Bureau of Investigation; the Vance County Sheriff’s Office; and the North Carolina State Highway Patrol conducted the investigation in this matter.  Assistant United States Attorney Nick J. Miller represented the government.

This case is part of the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.  For more information about this initiative click here:  https://www.justice.gov/usao-ednc/tbnc

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

HAMMOND- Daniel Smith, 26, of Chicago, Illinois, was charged in a criminal complaint with robbery affecting interstate commerce of a Hammond Boost Mobile store, announced U.S. Attorney Kirsch. 

The criminal complaint alleges that on January 24, 2020, Daniel Smith entered the Boost Mobile store located at 2741 169^th Street, Hammond, Indiana, held employees at gunpoint, and ordered them to fill up a duffel bag with cellular phones, after which he left the store with the bag full of phones. 

The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.

If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case is being investigated by the Federal Bureau of Investigation’s Gang Response Investigative Team and Hammond Police Department with assistance from the Merrillville and Hazel Crest, Illinois Police Departments.  This case is being prosecuted by Assistant United States Attorney Caitlin M. Padula.

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A Tulsa man was charged this week in U.S. District Court with defrauding five federally insured financial institutions and two investor families of more than $5 million dollars, announced U.S. Attorney Trent Shores

William Brian Mulder, 61, is charged with 26 counts of Bank Fraud; 41 counts of Causing the Interstate Transmission of Moneys Taken by Fraud, and five counts of Engaging in Unlawful Monetary Transactions.

According to a superseding indictment returned by a grand jury, Mulder is alleged to have repeatedly represented himself to banks and investors as a person of high net worth who owned and controlled assets that, in fact, did not exist.  Mulder pledged these assets as collateral for loans and lines of credit that totaled approximately $4 million.  Among the phony assets were life insurance policies that Mulder represented to have been worth hundreds of thousands of dollars. 

The superseding indictment also charged Mulder with having fraudulently obtained over $1 million from investors. Mulder allegedly told the investors that they could invest through his own family trust and also in specific ventures, such as the financing of a doctor’s home that, Mulder claimed, was being built in the Joplin, Missouri, area.  The superseding indictment alleges that, in fact, the purported investment opportunities were bogus and that Mulder used the investor funds for his own purposes. 

“The superseding indictment in the Mulder case touches upon two important aspects. First, Mr. Mulder is alleged to have defrauded financial institutions that are the mainstay of commercial activity in our communities. Second, Mr. Mulder is alleged to have defrauded individuals who sought to invest in commercial ventures,” said U.S. Attorney Trent Shores. “Our next step is to hold this white collar criminal accountable in a court of law, and we are prepared to do so.”

The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Mulder faces a maximum penalty of 30 years in prison and fines of twice the amount of loss caused by his actions, if convicted at trial.  

The FBI, IRS-Criminal Investigation, Department of Treasury-Office of Inspector General, and Federal Deposit Insurance Corporation (FDIC)-Office of Inspector General are the investigative agencies. Assistant U.S. Attorney Kevin Leitch is prosecuting the case.

Allen Martin Kenna, 18, of Cuyahoga Falls, Ohio, was charged in a two-count indictment for Attempted Use of an Explosive Device and Interstate Communication of Threats. 

As alleged in the indictment, Kenna is charged with attempting to use an explosive device to damage or destroy buildings and real property associated with Cuyahoga Falls High School.  Kenna is also charged with making threatenting communications to a Kansas elementary school.  Specifically, Kenna is alleged to have notified the Fort Rily Sheriff’s Office that he was holding a hostage inside of the school and that he would injure any person attempting to enter the school in response to this threat.   

“The indictment alleges that the defendant attempted to construct an explosive device that was to be used in an attack on a local high school,” U.S. Attorney Justin Herdman stated.  “The defendant is further alleged to have engaged in making interstate threats that were directed at another school in Kansas.  Law enforcement takes seriously all concerns about potentially violent individuals, but where we have specific, credible threats of violence against the public, especially in our schools, we will act swiftly and with appropriate federal charges.”

“Thanks to the awareness of private citizens and the hard work of our law enforcement partners, what could have been a horrific and tragic day was stopped,” said FBI Special Agent in Charge Eric B. Smith.  “Law enforcement has no higher priority than protecting others.  We will continue to ensure our schools remain a safe place where young people go to learn and thrive.  The FBI and our law enforcement partners urge parents, relatives, and friends to report suspicious and troubling behavior to authorities immediately.”

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation is being conducted by the Federal Bureau of Investigation’s Joint Terrorism Task Force.  The case is being prosecuted by Assistant U.S. Attorney Duncan T. Brown.

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RALEIGH– Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that in Federal court, BRANDON DUDLEY, a 34-year-old resident of Duplin County, North Carolina, received a thirty (30) year sentence following his conviction before Chief United States District Judge Terrence W. Boyle.  After a three-day trial, a jury found DUDLEY guilty of all counts reflecting his extensive drug trafficking activities throughout Eastern North Carolina. During trial, the prosecution presented evidence of multiple narcotics sales involving DUDLEY, as well as the testimony of individuals who assisted DUDLEY’s operation back to the 1990’s.

Despite serving prison time on various occasions in the North Carolina Department of Corrections, DUDLEY, and those with whom he worked, have continued to distribute large quantities of methamphetamine and other drugs since 2015. Upon final calculation, the Court held DUDLEY “conservatively responsible” for the following quantities of drugs:

• 20 KG of Crystal Methamphetamine;
• 41 KG of Marijuana;
• 31 KG of Cocaine;
• 15 KG of Crack Cocaine.

In addition to the evidence presented regarding drug trafficking, the Court received extensive testimony that tied DUDLEY to the use of firearms while running the Drug Trafficking Organization. DUDLEY has been linked to multiple, ongoing investigations that involve violence and criminal activity centered on the use, possession and trafficking of firearms.

Mr. Higdon commented:  “Brandon Dudley’s sentence represents a just conclusion to a long, thorough investigation into a committed, prolific drug dealer. The Dudley case is part of the Take Back North Carolina Initiative, which targets the most dangerous criminals in our communities throughout Eastern North Carolina. With the focused, interconnected efforts of federal, state, and local law enforcement, the Dudley drug trafficking organization has been successfully identified, investigated, and is now fully dismantled. Given Brandon Dudley’s years of committed criminal activity and the countless lives affected throughout North Carolina by the drugs and accompanying violence dispensed by his organization, incapacitating Dudley will make all of Eastern North Carolina safer.”

This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF).  OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.

The DUDLEY prosecution was a part of the “Fall of the House of Usher” OCDETF  Operation that has resulted in the prosecution of dozens of high level drug traffickers, gang and cartel-linked criminals, and the seizure of hundreds of kilograms of controlled substances throughout Eastern North Carolina and beyond.

The Duplin County Sheriff’s Office and the United States Drug Enforcement Administration investigated this matter.   J. Frank Bradsher and J. Bradford Knott prosecuted the case on behalf of the United States.

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that two United States Penitentiary Allenwood (USP Allenwood) inmates Alexander Palmisano, age 35, and William Oloane, age 30, were indicted on February 13, 2020, by a federal grand jury for an assault resulting in serious bodily injury.

According to United States Attorney David J. Freed, the indictment alleges that on April 5, 2019 Palmisano and Oloane assaulted another inmate at USP Allenwood.  The assault resulted in serious bodily injury, including 10 broken ribs, two collapsed lungs, and injuries to the head and face requiring hospitalization.

The case was investigated by the Federal Bureau of Investigation and the Bureau of Prisons.  Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

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

# # #

RALEIGH– United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, United States District Judge James C. Dever III sentenced BRITT ALLEN JACOBS, 46, of Robeson County to 48 months’ imprisonment, followed by 3 years of supervised release.  JACOBS was also ordered to pay more than $1,300 of restitution.

JACOBS was named in an Indictment filed on May 16, 2019 charging him with one count of mail theft in violation of 18 U.S.C. § 1708, and one count of burglary of a post office in violation of 18 U.S.C. § 2115.  On October 31, 2019, JACOBS pled guilty to Count 2, pursuant to a plea agreement. 

According to the investigation, in the early morning hours of December 27, 2018, JACOBS broke a glass entry door to force entry into the U.S. Postal Service post office in Pembroke, NC.  Officers from the Pembroke Police Department responded to the location following an alarm notification and observed JACOBS attempting to flee.  The officers pursued JACOBS, deployed a police K9, and apprehended JACOBS following a brief chase.  Items stolen by JACOBS included an electronic dog collar, credit cards, a purse, a cell phone, and prescription medication. 

The U.S. Postal Inspection Service and Pembroke, NC Police Department conducted the investigation.  Assistant United States Attorney Bryan Stephany represented the government.

***

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Jackson, Miss. – Nicholas Thames, 22, of Jackson, was sentenced yesterday by Chief U.S. District Court Judge Daniel P. Jordan III to 120 months in federal prison, followed by 3 years of supervised release, for possessing a firearm after he had been previously convicted of felony crimes, announced U.S. Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation.  Thames was also ordered to pay a $1,500 fine.

“Project EJECT was created to expel this exact type of criminal from our communities – those who violently threaten and terrorize our fellow citizens. Because of the work by the Jackson Police Department and the FBI, this criminal was quickly apprehend and prosecuted before he was able to harm anyone else. For at least the next decade, this criminal will not be able to hurt any more innocent civilians,” said U.S. Attorney Hurst.

On October 27, 2017, Thames entered a Waffle House restaurant on Beasley Road in Jackson, armed with a .45 caliber handgun.  Thames covered his face with a red bandana in an attempt to conceal his identity.  However, Thames was recognized by several witnesses because he had eaten at the restaurant just an hour earlier. Thames fired one shot from his pistol into the ceiling of the business, then pointed the gun at an employee, demanding money.  The employee emptied the register, giving the contents to Thames. After receiving the cash, Thames fled on foot.  In all, Thames got away with approximately $400.00.

Officers with the Jackson Police Department responded to the scene immediately.  An officer spotted Thames walking in an apartment complex wearing clothing that matched the description given by the Waffle House employees. Thames was arrested and officers found a large sum of money and a black handgun on his person. Officers also found several other items that the defendant admitted taking from a vehicle that he had broken into in the area.

This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Charles W. Kirkham.

At trial, Woods testified that after attending services at the Moorish Science Temple in Madison on the day of the robbery, she was told by Caliph Muab-el, the Grand Sheik of the Temple (and Edwards’s brother), to get into Edwards’ vehicle and  that she could trust Edwards that he would drive her home safely.  Woods testified that Edwards told her he made and sold THC products, and that he supplied the marijuana and THC products that she was selling on behalf of Caliph Muab-el.  Edwards offered her two exotic strains of marijuana to sample.  After smoking the marijuana, Edwards pulled out the Glock and pointed it at Woods and told her he wanted her help as a lookout for a robbery. He told her she could “make some money or get hurt.” He then drove her to a Walmart and gave her $20, and told her to buy a mask and gloves for the robbery.  Edwards then drove to the O’Reilly store and circled around it a number of times waiting for customers to leave the store. Once the parking lot was empty, Edwards and Woods entered the store brandishing pistols and ordered the store manager to show Edwards the safe.  Edwards was unhappy with the three-minute time delay on the safe and threatened the manager by racking his gun and telling the manager, “don’t make me f*** you up.”

Woods pleaded guilty to the armed robbery of the O’Reilly store on March 25, 2019.  She was sentenced on June 19, 2019, to 42 months in prison. 

Chief U.S. District Judge James D. Peterson scheduled Edwards’s sentencing for April 17, 2020, at 11:00 a.m.  Edwards faces a statutory maximum sentence of 20 years on the robbery charge, 10 years on the felon in possession charge, and five years on the drug charge. He also faces a mandatory minimum penalty of seven years on the brandishing charge during the robbery, and another mandatory minimum penalty of five years on the possession of a firearm in furtherance of a drug crime. Federal law requires that the mandatory seven-year and five-year gun sentences be served consecutively to each other, and to any sentence imposed on the robbery charge, the drug charge, and the felon in possession charge.

The charges against Edwards and Woods are the result of an investigation by the Dane County Sheriff’s Office, Madison Police Department, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorneys Chadwick M. Elgersma and Daniel J. Graber handled the prosecution.

This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime.  The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.

United States Attorney Ron Parsons announced that an Alcerster, South Dakota, man has been indicted by a federal grand jury for 12 Counts of Wire Fraud and 8 Counts of Mail Fraud.

Christopher Day, age 31, was indicted on February 4, 2020.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 12, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and up to $2,000 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between 2015 and 2019, Day, who worked for Pedersen Machine located in Beresford, South Dakota, knowingly and unlawfully devised a scheme and artifice to defraud and to obtain money and property by means of false and fraudulent pretenses, representations, and promises.

The Indictment also alleges that between 2018 and 2019, Day knowingly caused to be sent and delivered by the U.S. Postal Service invoices for transactions involving Day’s shell business, which were sent to Day from his employer.  

Day would order parts for himself, which he would resell online.  Day would make it appear as though those parts were ordered on behalf of his employer’s customers.  He would then cancel the orders, but still keep the parts.

The charges are merely accusation and Day is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Division of Criminal Investigation and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Day was released on bond pending trial.  A trial date has not been set.

          GRAND RAPIDS, MICHIGAN— U.S. Attorney Andrew Birge announced today that Robert Lyle Buckhannon, 59, of Las Vegas, Nevada, was sentenced by U.S. District Judge Janet T. Neff to serve 24 months in federal prison for his role in a conspiracy to defraud a California mortgage lender in connection with a Battle Creek business, On Deck Sports Bar & Grill. Buckhannon will spend two years on court supervision following release from prison and was ordered to pay $467,213.98 in restitution to his victims and a $1,000 fine.

          “West Michigan is not a safe zone for fraudsters,” commented U.S. Attorney Birge. “Mr. Buckhannon brought his scheming ways here and now he’s headed to prison.”

          In July 2019, Buckhannon pleaded guilty in a Grand Rapids federal courtroom to conspiracy to commit wire fraud. Buckhannon admitted that, in 2013, he sent fake lease agreements and fake rent checks to the mortgage lender purporting to show $42,000 in annual rental income to induce the lender to loan $456,000 to On Deck Sports Bar & Grill, a Battle Creek business owned by co-defendant Kelly DeMoss (a/k/a Kelly Flees). In truth, there were no tenants or leases in the building, only the restaurant. After fraudulently obtaining the loan proceeds, Buckhannon and DeMoss siphoned off $36,500 of the loan proceeds for the purchase of a personal residence, which had not been disclosed to the lender and which held no mortgage on the residence. Shortly after the fraud scheme was executed, On Deck Sports Bar and Grill was destroyed by fire on December 30, 2013.

          Judge Neff’s sentence reflected in part that Buckhannon had previously been convicted of a wire fraud conspiracy in Nevada for his role in defrauding investors in connection with a hedge fund called the Vestium Equity Fund in which he was ordered to pay $239,686.19 in restitution to those victims. He is serving a three-year probationary sentence for that offense. The Court noted the need for punishment and specific deterrence given Buckhannon’s prior fraudulent conduct and other criminal history.

          Buckhannon’s co-defendant, Kelly Flees, previously was sentenced by Judge Neff to serve one year on federal probation and to pay $30,654.42 in restitution for her role in the offense. Ms. Flees was convicted of misprision of a felony (having knowledge of Buckhannon’s felony offense, failing to report it to law enforcement, and taking an affirmative step to conceal the crime).

          The case was investigated by the Grand Rapids office of the ATF and the Battle Creek Police Department. Assistant U.S. Attorneys Christopher O’Connor and Erin Lane prosecuted the case.

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United States Attorney Ron Parsons announced that a Tyndall, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography.

Paul Hovorka, age 24, was indicted on February 4, 2020.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 12, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, life years of supervised release, and up to $5,100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between June 15, 2019, and November 21, 2019, Hovorka knowingly received and attempted to receive child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.

The charge is merely an accusation and Hovorka is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the Division of Criminal Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Hovorka was released on bond pending trial.  A trial date has not been set.