Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Wilmington has returned indictments charging OMAR LABRA-TREJO, age 50, of Mexico, and JOSE GUILLERMO LEIVA-GALVAN, age 34, of Honduras, with Illegal Reentry of a Deported Alien.

If convicted of illegal reentry, LABRA-TREJO, previously deported twice and found in Warren County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment. 

LEIVA-GALVAN, previously deported and found in New Hanover County, is alleged to have been previously removed subsequent to an aggravated felony conviction (felony larceny).  Therefore, if convicted, he would face a maximum imprisonment term of 20 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

The charges and allegations contained in the indictments are merely accusations.  The defendants are presumed innocent unless and until proven guilty in a court of law. 

The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.

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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.

PITTSBURGH, PA - A former resident of McKeesport, Pennsylvania, was sentenced in federal court to 30 months’ imprisonment and 3 years’ supervised release on his conviction of violating federal firearms laws, United States Attorney Scott W. Brady announced today.

Senior United States District Judge Joy Flowers Conti imposed sentence on Eric Antoin Johnson, 23.

According to information presented to the court, on January 21, 2019, Johnson engaged in a text message conversation with a prospective employer relating to scheduling a job interview. Several hours after the scheduling-related texts, Johnson texted three photographs to the potential employer, which illustrated two different firearms. In one photo, Johnson was holding the firearm and pointing it at the camera. Law enforcement officials executed a search warrant at Johnson’s residence on January 29, 2019, and recovered an Intratec model AB10 9 millimeter pistol and 9 millimeter ammunition. Johnson was prohibited from possessing the firearm and ammunition due to prior convictions for robbery and assault, crimes punishable by more than one year in prison. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from lawfully possessing a firearm or ammunition.

Assistant United States Attorney Christy C. Wiegand prosecuted this case on behalf of the government.

The Bureau of Alcohol, Tobacco, Firearms and Explosives along with the Findlay Township Police Department conducted the investigation that led to the successful prosecution of Johnson. The case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Montgomery, Alabama– On Wednesday, February 26, 2020, Joshua Drake Howard, a 36-year-old resident of Dothan, Alabama, was sentenced to 140 months in prison for federal drug and firearms related charges, announced United States Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge James Jewell, and Dothan Police Chief Steven Parrish. Following his prison sentence, Howard will be on supervised release for five years.

In November 2019, Howard pleaded guilty to charges of possession with intent to distribute methamphetamine, possession of a firearm in connection with a drug trafficking crime, and possession of a firearm with an obliterated serial number.

According to court records, in February 2018 the FBI and the Dothan Police Department received information that Howard would be travelling to Phenix City, Alabama to pick up methamphetamine and then return to Dothan. On February 22, 2018, officers were observing Howard during his return trip from Phenix City. As he was driving through Headland, Alabama, Howard stopped at a local fast food restaurant, ordered at the drive-through window, and parked to eat his meal. Officers approached him and asked him to get out of the vehicle. When he did, they saw a handgun in the door pocket and found crystal meth in his pants pocket. The officers then searched the truck and found a tactical bag containing more methamphetamine, a digital scale, small empty plastic bags, another handgun, and ammunition.

Just a few months later, on July 13, 2018, Dothan police officers pulled Howard over for a traffic violation and discovered he was in possession of a firearm with an obliterated serial number.

Before announcing his sentence, the judge stated that Howard had a significant criminal history that was concerning and could not be overlooked.

“Selling drugs and carrying guns is a deadly combination that puts us all in danger,” stated U.S. Attorney Franklin. “Dealers like Joshua Howard use firearms to protect their drugs and money, with no regard for the safety of our neighborhoods, our children, or anyone but themselves. My office will continue to work with all of our law enforcement partners to identify, investigate, and prosecute anyone that endangers our communities with this type of reckless, criminal behavior.”          

FBI SAC James Jewell stated, “there is nothing but evil in the combination of illegal narcotics and firearms. These people have no issue selling this poison to our children and protecting their drug proceeds with firearms that are often stolen, or as in this case, have an obliterated serial number. The FBI remains committed to assist our state, local, and federal partners in this arena.”

“The Dothan Police Department appreciates the working relationship we have with our federal partners,” said Dothan Police Chief Steven Parrish. “This sentencing was possible because of the collaborative efforts of multiple agencies and shows the value of combining our resources to combat crime.”

The Federal Bureau of Investigation (FBI) and the Dothan Police Department investigated this case, with assistance from the Headland Police Department. Assistant United States Attorney Brandon Bates prosecuted this case.

BOSTON – The U.S. Attorney’s Office has entered into a settlement agreement with Tufts Medical Center to ensure equal access for individuals with disabilities at its facilities in Boston.

The agreement resolves a compliance review under Title III of the Americans with Disabilities Act (ADA). Under the three-year Agreement, Tufts will:

• improve the hospital’s policies, practices and procedures for ensuring effective communication with patients and companions who are deaf or hard of hearing (including an assessment to determine appropriate Auxiliary Aids and Services, and providing qualified interpreters in a timely way);
• improve physical access to its facilities by removing barriers at public and common use areas;
• provide one or more accessible patient rooms on every medical department;
• provide sufficient accessible medical equipment to ensure individuals with disabilities  have equal access to medical services (at least one of each type per clinical service); and
• Designate an ADA Compliance Officer and an Effective Communication Coordinator.

“This case is a reminder that we still need the basic protections provided by the ADA,” said U.S. Attorney Andrew Lelling. “This is especially true for the deaf and hard-of-hearing, who often receive too little support when trying to navigate the healthcare system.  I commend Tufts for working with us to improve services for patients with disabilities, and we hope this agreement encourages other healthcare providers to review their ADA compliance.”

“No one with a disability should face unlawful barriers to accessing health care facilities or receiving medical treatment,” said the head of the Civil Rights Division, Assistant Attorney General Eric Dreiband. “This agreement reflects the Department’s continued commitment to enforcing the Americans with Disabilities Act to ensure equal access for individuals with disabilities to medical care, and we appreciate Tufts’ full cooperation with the Department throughout the investigation.”

The settlement agreement is posted here: https://www.ada.gov/tufts_medical_ctr_sa.html.

Assistant U.S. Attorney Gregory Dorchak of Lelling’s Civil Rights Unit handled the matter with Senior Trial Attorney Alyse Bass of the Justice Department’s Disability Rights Section.

People interested in finding out more about the ADA or this settlement agreement can call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at http://www.ada.gov.

Montgomery, Alabama– On Wednesday, February 26, 2020, Jermaine Dale Jones, a 35-year-old man from Geneva County, Alabama, was sentenced to 112 months in prison for federal firearms charges, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Jones will be on supervised release for three years.

In November 2019, Jones pleaded guilty to charges of being a felon in possession of a firearm and possession of a firearm in connection with a drug trafficking crime. The charges arose out of two separate incidents.

According to court records, on May 20, 2018, officers in Enterprise, Alabama responded to a call about a man arguing with others and waving a firearm outside the window of a green Ford F-150 pickup truck near a local restaurant. When officers arrived at the location described by the caller, they observed two individuals sitting in a tan Chevy Tahoe. The officers approached the vehicle to speak to the occupants and saw the handle of a pistol next to Jones, who was in the passenger seat. Further investigation revealed there were two other firearms inside the vehicle and that Jones had purchased the weapons from the man who had been in the green F-150. Jones, who is a convicted felon, was indicted by a federal grand jury in February 2019 for being a felon in possession of a firearm.

On February 21, 2019, the United States Marshals Service and Gulf Coast Regional Fugitive Task Force officers went to Jones's residence in Geneva County to arrest him on the felon in possession of a firearm charge. During the arrest, officers saw marijuana and a handgun in plain view. A search warrant was obtained for the house and, during the search, drugs and additional firearms were found. Among the drugs seized were clonazepam, alprazolam, marijuana, hydrocodone, and methamphetamine hydrochloride. As a result of these discoveries, Jones was further charged with possession of a firearm in connection with a drug trafficking crime.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Enterprise Police Department, and the United States Marshals Service (USMS) investigated this case. Assistant United States Attorney Robert Nichols prosecuted this case.

WILLIAMSPORT -  The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rashaun Flemming, age 31, of Philadelphia, Pennsylvania, was indicted on February 27, 2020, by a federal grand jury on drug trafficking charges.

According to United States Attorney David J. Freed, the indictment charges Flemming with four counts of possession with intent to distribute cocaine base between October 7, 2019 and November 21, 2019, in Lycoming County. 

This case was investigated by the Lycoming County Narcotics Enforcement Unit and the Federal Bureau of Investigation.  Assistant U.S. Attorney Alisan V. Martin is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

Indictments are only allegations. All persons charged by indictment 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 possession with the intent to distribute cocaine base is 30 years’ imprisonment and a fine.  A sentence for each of these offenses also includes a period of supervised release following imprisonment.  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

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.

# # #

NASHVILLE, Tenn. – February 28, 2020 - Diversicare Health Services, Inc., has agreed to pay $9.5 million to resolve allegations that it violated the False Claims Act by knowingly submitting false claims to Medicare for rehabilitation therapy services that were not reasonable, necessary, or skilled, the Department of Justice announced today.  The settlement also resolves allegations that Diversicare submitted forged pre-admission evaluations of patient need for skilled nursing services to TennCare, the state of Tennessee’s Medicaid Program.  Diversicare, based in Brentwood, Tennessee, provides skilled nursing and rehabilitation services at approximately 74 facilities across the country.

“Families expect that their loved ones will receive the necessary care to improve their health and quality of life when they entrust them to a facility for care,” said U.S. Attorney Don Cochran.  “Companies who engage in a practice of cheating and exploiting public healthcare programs, while subjecting patients to unreasonable and unnecessary treatments in order to increase their profits, will pay a substantial penalty.”

“Today’s settlement demonstrates our commitment to protect patients by ensuring that the care provided to Medicare and Medicaid beneficiaries is dictated by their clinical needs and not by their providers’ financial interests,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “Nursing home facilities must be held to account when they provide patients with unnecessary services that may adversely impact their well-being and waste taxpayer dollars.”

The government alleged that from January 1, 2010 through December 31, 2015, Diversicare’s corporate policies and practices were designed to place as many beneficiaries in the highest level of Medicare reimbursement—Ultra High—irrespective of the individual clinical needs of the patients.  These profit-driven policies and practices resulted in the provision of unreasonable, unnecessary, and unskilled therapy to many beneficiaries in Diversicare’s skilled nursing facilities.  The government alleged that Diversicare submitted claims for Ultra High therapy levels despite evidence that (1) the frequency and duration of physical or occupational therapy were not reasonable or necessary for the patient, (2) the intensity of the physical or occupational therapy was inappropriate for the patient and not reasonable or necessary, (3) services did not require the skills of a therapist to perform them, and (4) speech therapy was medically unnecessary.  This included specific instances of improper co-treatment in order to achieve minute thresholds, repetitive and unskilled exercises that did not match plan of care goals to obtain additional  minutes, engaging patients in activities contraindicated by underlying medical conditions, inflating Activities of Daily Living (ADL) scores and extending patient lengths of stay beyond what was medically indicated, billing for services that were not provided, using budgets, goals, and quotas to ensure Ultra High therapy was maximized, and threatening or undertaking adverse actions against employees if they failed to meet the budgets, goals, or quotas.

The government also alleged that Diversicare submitted forged, photocopied, or pre-signed physician signatures on pre-admission evaluation certifications required in the submission of claims to TennCare for nursing facility services rendered to TennCare beneficiaries at its associated Tennessee skilled nursing and rehabilitation facilities.  TennCare is Tennessee’s Medicaid program jointly funded by the state of Tennessee and the federal government. 

As part of the settlement, Diversicare entered into a five-year Corporate Integrity Agreement (CIA) with the HHS-OIG requiring, among other things, the implementation of a risk assessment and internal review process designed to identify and address evolving compliance risks.  The CIA requires training, auditing, and monitoring designed to address the conduct at issue in the case.

“This settlement sends a strong message to nursing home chains that provide medically unnecessary therapy services, as alleged in this case,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta.  “We will aggressively investigate providers who waste taxpayer dollars and work to recover any money that has been overpaid.”

 “We’re committed to playing a part in protecting the tax dollars used to support our most vulnerable residents,” said TBI Director David Rausch. “When companies take advantage of the Medicaid system, we all lose. We’re gratified by this settlement and hope it sends another strong message that, together, we will continue to pursue and prosecute those who profit in illegal ways.”

The settlement resolves allegations originally brought in lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act by former Diversicare employees.  The act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery.  The whistleblower reward in this case will be approximately $1.5 million.

The settlement was the result of a coordinated effort by the United States Attorney’s Office for the Middle District of Tennessee and the Civil Division of the Department of Justice; the Office of Inspector General of the Department of Health and Human Services;, the Tennessee Attorney General’s Office; and the Tennessee Bureau of Investigation.  The United States is represented by Assistant U.S. Attorney Sarah K. Bogni and Trial Attorney Yolanda Campbell.

The two qui tam cases are captioned as United States ex rel. Haggard v. Diversicare Mgmt. Services, Co. et al., 3:12-cv-00669 (M.D. Tenn) and United States ex rel. Fitzmorris v. Diversicare Health Services, Inc., No. 3:16-cv-03037 (M.D. Tenn).  The claims resolved by the settlement are allegations only; there has been no determination of liability.

# # # # #

PANAMA CITY, FLORIDA – Three Tampa Bay-area men entered guilty pleas yesterday to defrauding
elderly Northwest Florida homeowners whose homes suffered damage from Hurricane Michael. The
Florida men – Edward Newton, 45, of Lutz, Christopher Mayes, 29, of Tarpon Springs, and Christian
Pantazonis, 31, of Largo – pled guilty to charges of fraudulently contracting to make home repairs
in the Panama City area but instead, stole approximately $319,000 in down payments. The guilty pleas were announced by Lawrence Keefe, United States Attorney for the Northern District of Florida

The Indictment charged that a Tampa Bay-area company owned by Newton hired Mayes and Pantazonis in November 2018 to go door to door in Bay County soliciting home repair contracts. They promised that
the repair work would begin immediately, telling homeowners they required a down payment to obtain building materials and permits or to “place the homeowner at the front of the line” for repairs. As
part of the fraud, they occasionally sent workers to complete small projects, such as removing damaged drywall or replacing shingles, in order to lead the homeowners to believe the major repairs
were underway. When homeowners began to complain about the lack of work, Newton told them in writing or by phone that he would return the money he collected for the work never performed.
However, on May 25, 2019, he sent each homeowner a letter stating that he did not intend to complete any of the contracted work and would not return any money.

“To anyone who endured the devastation of Hurricane Michael, it is almost inconceivable that anyone
could stoop so low as to prey on the storm’s victims in such a craven way,” U.S. Attorney Keefe
said. “These men took advantage of trusting people in their time of greatest need, and I am pleased
that our office has brought these thieves to justice.”

Each defendant pled guilty to wire fraud and conspiracy to commit wire fraud and faces a maximum of
20 years’ imprisonment and a $250,000 fine. Sentencing hearings are scheduled for July 2, 2020, at
1:00pm at the United States Courthouse in Tallahassee.

The case resulted from an investigation by a partnership of law enforcement agencies and
prosecutors at all levels of government, including the Federal Bureau of Investigation, the Panama
City Police Department and the Bay County Sheriff’s Office. Assistant United States Attorney Aine
Ahmed is prosecuting the case.

The prosecution is part of the Office’s wider efforts to combat crimes against seniors. The
initiative has enabled the U.S. Attorney’s Office to develop and coordinate further its prosecution
of these cases and enhance its overall support of older or vulnerable victims.

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

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 Dennis Morgan, age 73, of Northumberland County, Pennsylvania, was indicted on February 27, 2020 by a federal grand jury on three violations of the Toxic Substances Control Act. 

According to United States Attorney David J. Freed, the indictment alleges that Morgan, of Northumberland County, failed to provide a lead hazard pamphlet or warning and failed to retain records as required by the Code of Federal Regulations in violation of the Toxic Substances Control Act. 

The investigation was conducted by the Environmental Protection Agency.  Assistant United States Attorney Alisan V. Martin 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 for each violation under federal law is 1 years of imprisonment, 1 years of supervised release, and a fine of $100,000. 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.

# # #

Roanoke, VIRGINIA – On Wednesday, February 26, the Anti Defamation League (ADL) honored a team of local, state, and federal law enforcement partners, who worked together to prosecute James Fields Jr., the white supremacist who was convicted of more than two-dozen hate crimes for a car attack in Charlottesville, Virginia in August 2017, with ADL SHIELD Awards during the group’s 10^th Annual awards ceremony at the National Press Club in Washington, D.C.

Since 2010, the ADL annually recognizes law enforcement for significant contributions toward protecting the American people from hate crimes, extremism, and domestic or international terrorism.

Among the recipients of this year’s ADL SHIELD Award were the local, state, and federal agencies, and individuals, that investigated, prosecuted, and assisted in the prosecution, of James Fields, Jr. The ADL recognized contributions from the United States Attorney’s Office for the Western District of Virginia, the Department of Justice, Office of Civil Rights, the Federal Bureau of Investigation, the Virginia State Police, the Charlottesville City Police Department, the Albemarle County Police Department, the City of Charlottesville Commonwealth’s Attorney’s Office, and the University of Virginia Police Department. 

“The awful events of August 12, 2017, including James Fields’ act of domestic terrorism, left an indelible mark on the local Charlottesville community, the Commonwealth of Virginia, and our country,” U.S. Attorney Thomas T. Cullen stated today.  “Although we couldn’t bring Heather Heyer back or heal the permanent physical and psychological injuries suffered by dozens of others, we could seek meaningful justice for these victims, their families, and the community and send a clear message that hate-inspired acts of violence, murder, and terror will be met with the full and collective force of American law enforcement.   I am very proud of our federal, state, and local partners and grateful to the ADL for recognizing their extraordinary achievements.” 

On August 12, 2017, after attending the Unite the Right Rally in Charlottesville and returning to his vehicle, Fields drove his car onto Fourth Street, a narrow, downhill, one-way street in downtown Charlottesville. At or around that same time, a racially and ethnically diverse crowd had gathered at the bottom of the hill, at the intersection of Fourth and Water Streets. Many of the individuals in the crowd were celebrating as they were chanting and carrying signs promoting equality and protesting against racial and other forms of discrimination. Fields slowly proceeded in his vehicle down Fourth Street toward the crowd. He then stopped and observed the crowd while idling in his vehicle. With no vehicle behind him, Fields then slowly reversed his vehicle toward the top of the hill. 

The members of the crowd began to walk up the hill, populating the streets and sidewalks between the buildings on Fourth Street. Having reversed his car to a point at or near the top of the hill and the intersection of Fourth and Market Streets, Fields stopped again. Fields admitted that he then rapidly accelerated forward down Fourth Street in his vehicle, running through a stop sign and across a raised pedestrian mall, and drove directly into the crowd. Fields’s vehicle stopped only when it struck another stopped vehicle near the intersection of Fourth and Water Streets. Fields then rapidly reversed his car and fled the scene. As Fields drove into and through the crowd, Fields struck numerous individuals, killing Heather Heyer and injuring at least 28 others.

As the ADL recognized, local, state, and federal investigators undertook a massive coordinated investigation in the aftermath of Fields’ act of domestic terrorism.  Investigators collected and reviewed over 5,000 hours of video footage related to the Unite the Right Rally, interviewed hundreds of witnesses and victims, and completed an exhaustive review of Fields’ background and social-media profile to develop evidence of his racial and anti-Semitic motivations.  As a result of these extraordinary efforts, Fields was convicted of 29 federal hate crimes, as well as first-degree murder in state court, and is currently serving multiple life sentences. 

BISMARCK – U.S. Attorney Drew H. Wrigley announced that Federal Court documents were unsealed on February 10, 2020, revealing that the federal grand jury has indicted 1) Kolawole Bamidele Akande, a/k/a Patric Elis Ferguson 2) Olawale Sule a/k/a Brand King Mohamed; and 3) Babatope Joseph Aderinoye a/k/a Wilson Tidwell on charges of 1) Conspiracy to Commit Bank Fraud; 2) Conspiracy to Commit Wire Fraud; 3) Conspiracy to Commit Mail Fraud; 4) Conspiracy to Commit Money Laundering; 5) Mail Fraud; and 6) Money Laundering.

The Indictment alleges that the defendants participated in a complicated computer intrusion scheme targeting a Dickinson, ND company which was allegedly defrauded out of approximately $348,000.00. The Indictment alleges that the defendants fraudulently obtained checks from the Dickinson company through the mail and deposited these checks in fraudulently obtained accounts in financial institutions located within the State of Texas. Once the funds from these checks were available for withdrawal and transfer, the defendants is alleged to have withdrawn and transferred the funds to conceal and disguise their nature, location, source, and ownership.

"While the alleged financial scheme in this case is complex," said U.S. Attorney Drew Wrigley, "our investigative team has pieced this string of fraudulent acts together and we look forward to presenting our evidence in court."

Olawale Sule a/k/a Brand King Mohamed’s arraignment was held before United States Magistrate Judge Clare R. Hochhalter, on February 28, 2020, in Bismarck, North Dakota. Olawale Sule was previously arrested on December 18, 2019, under a separate indictment for money laundering. He had an initial appearance, identity hearing, and detention hearing, in Federal Court in the Northern District of Texas. The Court there ordered that the defendant be detained and that the United States Marshalls Service transport Olawale Sule to the District of North Dakota.

This case is being investigated by the Federal Bureau of Investigation; United States Postal Inspection Service; Homeland Security Investigations, and the United States Attorney’s Office in the Northern District and Eastern District of Texas, and is being prosecuted by Assistant United States Attorney Jonathan O’Konek

The Indictment in this case is not evidence of guilt. The defendants are presumed innocent unless or until proven guilty beyond a reasonable doubt at trial.

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Scott Hemingway, age 63, of Bloomsburg, Pennsylvania, was indicted on February 27, 2020, by a federal grand jury on one charge of impeding a federal officer.

According to United States Attorney David J. Freed, the indictment alleges that on March 29, 2018, in Columbia County, Hemingway did strike and cause physical contact with a mail carrier.  

The case was investigated by the United States Postal Inspection Service. Assistant U.S. Attorney Alisan V. Martin 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 each offense is 8 years of imprisonment, a $250,000 fine, and a 3 year term of supervised release. 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.

# # #

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis Estrada-Alvarez, 31, a citizen and native of Mexico, was arrested and charged by criminal complaint with illegal re-entry after deportation and forcibly assaulting and resisting Deportation Officers causing bodily injury. The charges carry a maximum penalty of 20 years in prison. 

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, on February 19, 2020, Deportation Officers with Enforcement and Removal Operations attempted to arrest the defendant following a traffic stop in front of the North Rose Fire Hall on North Huron Street in Rochester. Officers had been surveilling Estrada-Alvarez after receiving information that the defendant was back in the United States despite two previous deportations.

As Estrada-Alvarez exited the vehicle, he immediately attempted to run. In evading arrest, the defendant forcefully pulled his arms away from the officers and thrust his head backwards in an attempt to head-butt one of them. Estrada-Alvarez refused to stop fighting, and eventually had to be taken to the ground and handcuffed. Thereafter, he was transported to the Buffalo Federal Detention Facility in Batavia, NY. 

In the course of this encounter, Estrada-Alvarez caused bodily injury to two of the Deportation Officers. One of the Officers suffered injuries to his left arm and right knee, while the other suffered injuries to his right shoulder, elbow, and wrist. 

The complaint is the result of an investigation by the Department of Homeland Security—Enforcement and Removal Operations, under the direction of Thomas E. Feeley, Director, Buffalo Field Office.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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BIRMINGHAM, Ala. – A Romanian man pled guilty on Wednesday to multiple counts of access device fraud and aggravated identity theft, announced U.S. Attorney Jay E. Town and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations Assistant Special Agent in Charge James G. Hernandez. 

A nine-count indictment filed in U.S. District Court charges Alexandru Stoica, 35, with three counts of illegally possessing and using fraudulent access devices and six counts of aggravated identity theft in Limestone County in October 2019. 

According to the plea agreement, Stoica knowingly used and attempted to use unauthorized access devices – gift cards – encoded with bank account numbers each issued to other persons, for the purpose of withdrawing money from the bank accounts. 

“Stoica and the criminal element with whom he works specifically target our communities here in the Northern District of Alabama because of a perceived weakness in ATM security.  That perception was proven wrong with his guilty plea,” Town said.  “He will now have plenty of time to reconsider that strategy.” 

“The hardworking people of this community can rest easier now that this fraudster is no longer able to steal their money,” said James Hernandez, Assistant Special Agent in Charge for Alabama. “Catching and prosecuting criminals that attack the integrity of the United States’ financial system is one of HSI’s top priorities.”

The maximum penalty for fraudulent use of a counterfeit access device is 10 years in prison and a fine of $250,000 or twice the gross gain, whichever is greater.  The maximum penalty for both using and attempting to use a counterfeit access device is 15 years in prison and a fine of $250,000 or twice the gross gain or loss and a possible fine of $250,000 or twice the gross gain or loss, whichever is greater., whichever is greater.  Aggravated identity theft carries a mandatory two-year prison sentence per count.  At least one count must run consecutively to the other sentences and the remaining counts can run either concurrently or consecutively to each other.

Immigration and Custom Enforcement’s Homeland Security Investigations investigated the case, which Assistant U.S. Attorney Michael R. Pillsbury is prosecuting.

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.

ALEXANDRIA, Va. – A white supremacist and former member of the Atomwaffen Division was sentenced today to one year in prison for possessing firearms while being an unlawful drug user and making a false statement in order to illegally purchase a firearm.

According to court documents, in October 2017, Andrew Jon Thomasberg, 21, of McLean, purchased a semiautomatic rifle and claimed to be the true purchaser. In fact, Thomasberg knew this statement was false and that he was purchasing the gun for a third party. He transferred that firearm to that third party after purchasing it. Thomasberg also possessed at least four firearms while unlawfully using controlled substances, including marijuana, psilocybin mushrooms, and opium.

According to court documents and testimony, Thomasberg, who has a prior criminal conviction for a dangerous firearms offense, was associated with white supremacist organizations, such as Vanguard America, Atomwaffen Division, and Patriot Front. In text message communications, while Thomasberg possessed firearms and was a regular drug user, he glorified racially motivated violence and referred to mass shooters as “saints.” Additionally, Thomasberg informed law enforcement that only one day before he was arrested, he had submitted an application to join Patriot Front. Patriot Front is “a white supremacist group whose members maintain that their ancestors conquered America and bequeathed it to them alone.”

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. Click here for more information about Project Guardian.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Larissa Knapp, Special Agent in Charge, Counterterrorism, FBI Washington Field Office, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Special Assistant U.S. Attorney Anthony W. Mariano and Assistant U.S. Attorney Ronald L. Walutes, Jr. prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-337.

Portland, Maine: An Auburn man was convicted yesterday following a two-day jury trial of possessing a firearm after being convicted of a misdemeanor crime of domestic violence, U.S. Attorney Halsey B. Frank announced.

According to court records and evidence presented at trial, in June 2010, Willie Richard Minor, 59, was convicted of Assault in Maine Superior Court. The victim of the assault was his wife at the time. As a result of that conviction, Minor was prohibited from possessing firearms. In November 2016, Minor admitted to having a gun in an interview with the Auburn Police Department. The police subsequently recovered the gun he had described.

Minor was originally convicted and sentenced on the federal charge after a trial in December 2017. While the case was pending on appeal, the Supreme Court of the United States issued a decision, Rehaif v. United States, that changed what the government is required to prove in certain federal firearm possession cases. As a result, the parties agreed to have the original conviction vacated, and the case was remanded for a new trial. At the second trial, the government was required to prove not only that Minor had been convicted of assaulting his wife, but also that he knew he had been so convicted and was aware of certain details of the conviction.

Minor faces up to 10 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.

The Auburn Police Department, the Mechanic Falls Police Department, the Maine State Police Crime Laboratory and the FBI investigated the case.

The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 27 was:

Augustus Christopher Wolfback, 18, of Lodge Grass, on charges of assault by strangulation of a dating partner. If convicted of the most serious crime, Wolfback faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Wolfback was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 20-22.

Samuel Richard Bonko, 34, of Garryowen, on charges of failure to register as a sexual offender. If convicted of the most serious crime, Bonko faces a maximum 10 years in prison, a $250,000 fine and five years to life of supervised release. Bonko was detained pending further proceedings. The U.S. Marshals Service investigated the case. Pacer case reference. 19-79.

Jordan Lee Larue, 26, of Billings, on charges of prohibited person in possession of a firearm and receipt of a firearm by person under indictment for felony. If convicted of the most serious crime, Larue faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Larue was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 19-147.

This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

Appearing on Feb. 25 were:

Brandon Thomas Houdashelt, 32, of Clyde Park, on charges of distribution of controlled substances causing death and possession with intent to distribute controlled substances. If convicted of the most serious crime, Houdashelt faces 20 years to life in prison, a $1 million fine and three years of supervised release. Houdashelt was detained pending further proceedings. The Drug Enforcement Administration investigated the case. Pacer case reference. 20-188.

James Robert Patterson, 21, of Billings, on charges of coercion and enticement. If convicted of the most serious crime, Patterson faces a minimum mandatory 10 years to life in prison, a $250,000 fine and five years to life of supervised release. Patterson was detained pending further proceedings. The FBI investigated the case. Pacer case reference. 20-20.

Christopher Cleveland, 40, of Billings, on charges of prohibited person in possession of a firearm and possession of an unregistered firearm. If convicted of the most serious crime, Cleveland faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Cleveland was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 20-15.

This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

Appearing on criminal complaints on Feb. 25 were:

Maliyah Jae Chavez, 19, of Billings, on charges of possession of stolen firearms. If convicted of the most serious crime, Chavez faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Chavez was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 20-18.

Rodrigo Gomez, 18, of Billings, on charges of possession of stolen firearms. If convicted of the most serious crime, Gomez faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Gomez was detained pending further proceedings. Pacer case reference. 20-19.

These cases are part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.

If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JACQUELINE GRAHAM was sentenced today to 132 months in prison in connection with a $38 million fraudulent mortgage debt elimination scheme.  GRAHAM previously was convicted in June 2019 after a two-week trial before U.S. District Judge Nelson S. Román, who also imposed today’s sentence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Jacqueline Graham brazenly defrauded vulnerable homeowners during the housing crisis by falsely promising that, for substantial fees, she could make millions of dollars of their mortgage debt disappear.  In reality, she pilfered her victims’ money, leaving them far worse off, and some ended up losing their homes.  Now Graham will spend 11 years in federal prison for preying upon her many victims.”

According to the Indictment in the case, the evidence presented at trial, and statements made in public court filings and proceedings, including GRAHAM’s sentencing hearing:

From at least 2011 to at least 2012, JACQUELINE GRAHAM partnered with Bruce Lewis and John Ruzza in operating the Valhalla, New York-based Terra Foundation, which held itself out as a business that would investigate and eliminate mortgage loans in exchange for fees, soliciting clients who were having difficulties making their mortgage payments.  In fact, however, Terra engaged in a wide-ranging scheme to defraud clients, county clerks’ offices, and banks.

The fraudulent scheme, which was created by GRAHAM and Lewis, involved Terra performing “audits” of clients’ mortgages, sending pseudo-legal paperwork to the banks and/or lenders holding the mortgages, and ultimately filing purported mortgage discharges with the relevant county clerks’ offices.  As a result, anyone doing a title search for one of Terra’s clients would see that the client’s mortgage had been satisfied.  The mortgages had not, however, been discharged, and the mortgages were eventually reinstated, after the clients paid their fees.

In order to effectuate the scheme, GRAHAM, Lewis, and Ruzza involved others, including Rocco Cermele, the director of operations, Paula Guadagno, who filed discharges on behalf of Terra, and Anthony Vigna, a lawyer and CPA who worked in Terra’s offices.  Vigna was formerly an Assistant Corporation Counsel for the City of Yonkers, and a college accounting and law professor, including stints on the faculties of Mercy College, Iona College, SUNY Maritime College, College of Mount St. Vincent, and Westchester Community College.

In total, GRAHAM and her co-conspirators filed over 60 fraudulent discharges in Westchester and Putnam Counties in New York, and in Connecticut.  The fraudulent discharges claimed to discharge mortgages with a total loan principal of nearly $38 million.

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In addition to her prison term, GRAHAM, 54, formerly of Antioch, California, and Levittown, Pennsylvania, was sentenced to five years of supervised release and ordered to pay restitution to her victims in the amount of $694,450 and forfeiture of $138,941.86.

Lewis, 67, formerly of Alaska and Washington State, previously was sentenced by Judge Román to seven years in prison, three years of supervised release, and forfeiture of $149,408.

Vigna, 61, of Thornwood, New York, previously was sentenced by Judge Román to one year and one day in prison, three years of supervised release, and $250,500 of restitution.

Ruzza, 49, formerly of Mahopac, New York, previously pled guilty before U.S. District Judge Cathy Seibel to one count of participating in a conspiracy to commit mail fraud, wire fraud, and bank fraud relating to the Terra scheme, as well as one count of participating in a conspiracy to commit wire fraud, two counts of bank fraud, two counts of wire fraud, and one count of obstruction of justice.

Cermele, 57, of Yonkers, New York, and Guadagno, 62, of Verplanck, New York, previously pled guilty to their participation in the scheme.

Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation.  Mr. Berman also thanked the Westchester County District Attorney’s Office and the Department of Housing and Urban Development for their assistance in the case.

This case is being handled by the Office’s White Plains Division.  Assistant United States Attorneys David Felton, Michael Maimin, and James McMahon are in charge of the prosecutions.

DAYTON – A former military subcontractor was sentenced in U.S. District Court today to 33 months in prison and three years of supervised release for illegally possessing a firearm silencer and equipment that was property of the United States.

Joel Montgomery, 50, pleaded guilty to two counts in December 2019: possessing a silencer not registered to him and retaining United States property with a value of more than $1,000.

According to court documents, in June 2015, Montgomery possessed at his home a firearm silencer that was not registered to him in the National Firearms Registration and Transfer Record.

While executing another search warrant at his home in October 2015, agents discovered an AN/AAR-47 Missile Warning System and a Control Countermeasures Set Display Unit that were property of the United States.

Montgomery had previously been employed as a subcontractor on a local military base, and during that time, had gained access to the property of the United States. Upon the end of his employment contract, Montgomery did not return equipment valued at more than $1,000 and instead kept the equipment for his personal use.

David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced the sentence imposed by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorneys Brent G. Tabacchi and Dwight Keller are representing the United States in this case.

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DAYTON – Gene Talley, 48, of Dayton, pleaded guilty in U.S. District Court to conspiring to distribute more than 100 grams of heroin.

According to court documents, beginning in 2007, Talley would meet with an individual in Austin, Texas to obtain controlled substances, including heroin, to distribute in the Southern District of Ohio.

Talley also arranged for other individuals to collect the drugs and bring them to Ohio for distribution. In addition, he directed individuals to transport money back to the individual in Texas.

On three occasions, money intended for delivery in Texas was seized by law enforcement, including approximately: $99,000 seized by police in Austin, Texas in December 2012; $230,000 seized by police in Chicago in June 2015; and $240,000 seized by police in Winfield, Texas.

Talley pleaded guilty on Feb. 26 to conspiring to distribute more than 100 grams of heroin. A sentence of between 60 to 150 months in prison has been recommended for the Court’s consideration.

Four co-defendants have also pleaded guilty in connection to this case.

Brianna Reid pleaded guilty in federal court in Dayton today.

Adriauna Smith, Syreeta Scruggs and Kenneth Patterson each pleaded guilty in January or February and are scheduled to be sentenced during the week of May 18.

Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

David M. DeVillers, United States Attorney for the Southern District of Ohio; Bryant Jackson, Special Agent in Charge, Internal Revenue Service – Criminal Investigation (IRS-CI); Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA) and the DEA’s Drug Task Force announced the pleas entered into before U.S. District Judge Walter H. Rice. Assistant United States Attorneys Amy M. Smith and Andrew J. Hunt are representing the United States in this case.

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