CHARLESTON, W.Va. –  Adkins Pharmacy, Inc. (“API”), a pharmacy located in Mingo County, has agreed to pay civil monetary penalties to resolve allegations that the pharmacy violated the Controlled Substances Act by filling illegitimate prescriptions, United States Attorney Mike Stuart announced today.  API has also entered into a three-year compliance agreement with the Drug Enforcement Administration (DEA) that imposes heightened reporting and oversight requirements and sanctions for non-compliance. 

Pursuant to the terms of the settlement agreement, API agreed to pay $88,085.73 to resolve allegations that it had filled prescriptions for controlled substances that were not valid at its location in Gilbert between January 1, 2014, and December 31, 2015.  During this time, API filled compound opioid prescriptions issued by physicians affiliated with Hitech Opioid Pharmachovigilance Expertise Clinic, PLLC (HOPE Clinic), even though API “knew or should have known that said prescriptions were not issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his/her professional practice,” according to the settlement agreement.

The Controlled Substances Act prohibits the distribution or dispensing of a controlled substance without a valid prescription.  A valid prescription for a controlled substance must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her practice. The investigation indicated that the pharmacist-in-charge at the pharmacy should have known that patients had presented illegitimate prescriptions that should not have been filled. 

“The diversion of prescription opioids fueled an epidemic and devastated a countless number of West Virginia families,” said United States Attorney Mike Stuart.  “When pharmacies ignore red flags indicative of illegitimate opioid prescriptions for the sake of profits, we will use every available criminal and civil enforcement tool to hold them accountable.” 

“Pharmacists serve on the front lines of America’s opioid epidemic and they share responsibility with physicians to protect those whom they serve from the dangers associated with prescription medications,” said Special Agent in Charge Todd Scott, of DEA’s Louisville Division.  “DEA will use every available tool to hold accountable those in the pharmacy industry who choose to put profit over customer safety,” Scott added.

The DEA, the U.S. Department of Health and Human Services – Office of Inspector General (HHS-OIG) and the Food and Drug Administration – Office of Criminal Investigation conducted the investigation. The case was handled by Assistant United States Attorney Alan McGonigal.

The settlement is a result of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST), an innovative approach linking civil and criminal enforcement efforts together in a comprehensive attack on the opioid epidemic and healthcare fraud. 

 Follow us on Twitter:SDWVNewsand USAttyStuart

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          GRAND RAPIDS, MICHIGAN— U.S. Attorney Andrew Birge announced today that Amy Jo-Manshum John, 25, of Grand Rapids, Michigan pleaded guilty before a U.S. Magistrate Judge pursuant to a plea agreement to one count of interfering with flight crew members and attendants. John faces a statutory maximum term of imprisonment of twenty years’ confinement, $250,000 fine, and 3 years’ supervised release at the time of sentencing.

          John admitted at the plea hearing that she flew on Allegiant Airlines Flight # 1795 on December 14, 2019 nonstop from Fort Lauderdale, Florida to Grand Rapids, Michigan. Onboard the flight, John swung her arm twice at a flight attendant to strike her. The assault interfered with and diminished the flight attendant’s ability to perform her duties. John also admitted as relevant conduct that she intimidated three other flight attendants on the same flight by being disruptive, unruly, and disobedient while the flight was in progress.

          "I commend the airline crew and airport police for defusing this situation," U.S. Attorney Birge said. "Unruly and combative passengers pose a danger to everyone onboard a commercial aircraft. Anyone who behaves like Ms. John should consider themselves warned: my office will not hesitate to enforce the law to keep travelers safe and the legal consequences are serious."

          "Safety on board an airplane is important to all who fly," said Steven M. D'Antuono, Special Agent in Charge, Federal Bureau of Investigation, Detroit Field Division. "An abusive passenger acting out against the flight crew is not merely an inconvenience, but a serious threat to the safety of everyone on the flight. This sort of abusive and threatening behavior constitutes a federal crime that will be investigated fully as part of our mission to protect the flying public."

          The FBI and the Gerald R. Ford International Airport Police Department investigated the case. Assistant U.S. Attorney Clay M. West prosecuted it.

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Evansville – U.S. Attorney Josh J. Minkler announced today that the City of Evansville received $218,478 and Vanderburgh County received $58,008 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.

The funds are to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, allowed eligible state, local and tribal governments to apply immediately for these critical funds.

      The Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs said the funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities.

“These local law enforcement officers and first responders have done an outstanding job keeping us all safe and upholding the rule of law during these challenging times.” said United States Attorney Josh J. Minkler. “The Vanderburgh County Sheriff’s Department and the Evansville Police Department deserve our notice and appreciation for their efforts. This grant is money well spent on those who continue to serve during this unprecedented time.”

Vanderburgh County Sheriff Dave Wedding stated, “Our Office is grateful to the Bureau of Justice Assistance for streamlining the grant application process in order to make this essential funding available for use quickly. The costs we incur due to COVID-19 continue to mount. This funding will be used to defray our equipment and overtime expenses as we combat the epidemic locally.”

“We’re grateful to U.S. Attorney Minkler and the Department of Justice for this grant,” said Evansville Mayor Lloyd Winnecke. “These funds will help us continue to invest in making our neighborhoods safe throughout the COVID-19 crisis.”

Evansville Police Chief Billy Bolin expressed his appreciation stating, “With additional funding to support the safety and welfare of our officers, this grant will ensure we can continue to serve the needs of the community throughout the COVID-19 crisis.”

For information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553 .

If you receive any forms of suspicious communication related to the COVID-19 crisis, or become aware of family and friends that have received suspicious communications, don’t respond directly but instead report the activity to the Evansville Police Department, Vanderburgh County Sheriff’s Department, or the National Center for Disaster Fraud (NCDF) Hotline at 1-866-720-5721, or Justice.gov/DisasterComplaintForm

FORT WAYNE – Henry E. Underwood, age 26, of Fort Wayne, Indiana was charged in a criminal complaint, filed yesterday, with being a felon in possession of a firearm, announced U.S. Attorney Kirsch.

According to documents in this case, in December 2019, local police officers were dispatched to a residence with regard to a vandalism by gunfire complaint.  Local police arrived and interviewed witnesses on the scene that provided information identifying an individual with the street name “Heezy” as the shooter.  “Heezy” also known as Henry E. Underwood was located by police along with a firearm matching the description provided by witnesses. Shell casings collected from the scene were identified as being fired from the firearm located in the vehicle.  A firearm similar to the one located is seen in the video being held by two other individuals and Underwood is seen holding a loaded firearm magazine.  Mr. Underwoood is a convicted felon after being sentenced to 4 years in prison for a 2014 conviction of corrupt business practices. 

United States Attorney Thomas L. Kirsch said, “We continue to remain focused on reducing gun crime in the Northern District of Indiana.  This case is an excellent example of our coordination with ATF in partnership with the Fort Wayne Police and the Indiana State Police.”

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.

The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department with the assistance of the Indiana State Police Forensic Lab. The case is being handled by Assistant United States Attorney Stacey R. Speith. 

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Spokane –William D. Hyslop, United States Attorney for the Eastern District of Washington, joins President Trump, Attorney General Barr, and the Department of Justice in observing Missing and Murdered American Indians and Alaska Natives Awareness Day.

United States Attorney Hyslop said, “Together we remember all the missing and murdered indigenous people (MMIP), and particularly women and children from our Native communities in Washington and across the United States. This is a violent crime problem we have right here in Eastern Washington. The President’s proclamation reaffirms the resolute commitment of federal, state, local and Tribal law enforcement to reduce the high rates of violence against people in Indian Country and our dedication to justice for these victims and their families. Addressing the MMIP issue is a major priority of the Department of Justice and will remain that way as our Tribal partners and we all continue to address this together.”

Proclamation by President Donald Trump: https://www.whitehouse.gov/presidential-actions/missing-murdered-american-indians-alaska-natives-awareness-day-2019/

Statement from Attorney General William P. Barr: https://www.justice.gov/opa/pr/attorney-general-william-p-barrs-statement-missing-and-murdered-american-indians-and-alaska

PITTSBURGH - A resident of Pittsburgh, PA, has been sentenced in federal court to two years’ (24 months’) imprisonment on his conviction for conspiracy to distribute heroin, United States Attorney Scott W. Brady announced today.

Senior United States District Judge Arthur J. Schwab imposed the sentence on Delrico Clyburn, age 28, of Pittsburgh, PA.

According to information presented to the court, in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Delrico Clyburn and his co-conspirators conspired to distribute quantities of heroin.

Prior to imposing sentence, Senior Judge Schwab stated that the sentence was sufficient but not greater than necessary to achieve the goals of sentencing.

Assistant United States Attorneys Tonya Sulia Goodman and Yvonne M. Saadi prosecuted this case on behalf of the government.

United States Attorney Brady commended the Federal Bureau of Investigation and the Drug Enforcement Administration along with the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department for the investigation leading to the successful prosecution of Clyburn.

The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.

Seattle - The U.S. Department of Justice and the Washington State Attorney General today settled a False Claims Act investigation involving Seattle Pain Center, Northwest Analytics, and owner/physician Dr. Frank Danger Li, announced First Assistant U.S. Attorney Tessa M. Gorman.  Dr. Li agreed to pay $2.85 million to state and federal authorities to settle allegations his companies billed government entities for medically unnecessary urine drug tests.  Dr. Li’s seven pain clinics closed in July 2016 when the Washington State Medical Quality Assurance Commission suspended his medical license for improperly monitoring prescriptions of powerful opioids.  Today’s settlement is a civil resolution unrelated to any criminal investigation or any action by state health regulators.

“Prescribing massive quantities of addictive opioids fed a crisis that continues to grip our community,” said First Assistant U.S. Attorney Gorman.  “This billing for unnecessary urine tests is a way Dr. Li and his clinics profited on the pain of others.  It is appropriate that we return these dollars to the government entities that were defrauded.”

“Our investigation helped stop Dr. Li and the providers he supervised from continuing to prescribe dangerous and excessive amounts of opioids,” Ferguson said.  “Now we’re reclaiming more than one million Medicaid dollars for the unnecessary drug tests he ordered for his opioid prescription practice. These recouped dollars will cover medical costs for vulnerable Washingtonians, as it was intended.”

According to the settlement agreement, in addition to his pain clinics, Dr. Li owned drug-testing labs in Seattle and Everett.  Northwest Analytics did urine drug testing for Li’s clinics.  In July 2013, Li instituted a policy that, in nearly every instance, each patient being treated at Seattle Pain Centers had to have a full urine drug test panel every time they were seen by a provider.  This policy resulted in thousands of medically unnecessary tests.  The testing protocol did not follow state standards which recommended random testing of up to four times per year.

“Physicians have a responsibility to provide appropriate medical care and to bill federal health care programs properly.  When Dr. Li – who our agency excluded from participating in Medicare and Medicaid programs – billed for medically unnecessary lab tests, our investigators acted decisively to hold him accountable,” said Special Agent in Charge Steven J. Ryan of HHS-OIG.  “Physicians tempted to engage in such fraudulent activities should remind themselves of their professional obligations and the consequences of flouting them.”

“Performing needless medical services, especially those motivated by financial gain and not medical necessity, drains resources from legitimate patient care,” said Bryan Denny, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), Western Field Office.  “DCIS and our investigative partners will fully investigate and bring to justice those who deprive the Department of Defense of limited resources needed for the healthcare of our military, veterans, and their families.”

The settlement funds are divided as follows: restitution to Medicare of $1,590,265; restitution to TriCare of $123,000; restitution to the Railroad Retirement Board of $2,672, and restitution to Medicaid of $1,134,151 ($453,796 federal funds and $680,354 state funds).  The settlement agreement details how the funds are to be paid over five years and various ways that the government claims are secured.  The settlement amounts are based in part on Dr. Li’s ability to pay.

Dr. Li does not admit any wrongdoing as part of this settlement.

The investigation was coordinated by the Health and Human Services Office of Inspector General (HHS-OIG).

The matter was handled by Assistant United States Attorney Kayla Stahman as part of the U.S. Attorney’s Office’ Affirmative Civil Enforcement Unit.  The Washington State Attorney General’s Medicaid Fraud Unit participated in the investigation and was represented in the settlement by Senior Counsel Carrie L. Bashaw.

2020.04.06_final_dr_li_settlement_agreement_-_signed_by_all_parties.pdf

The Department of Justice and federal prosecutors remain vigilant in investigating and prosecuting landlords and property managers who sexually harass tenants during the COVID-19 pandemic, warned U.S. Attorney Trent Shores. Anyone who has witnessed or experienced sexual harassment by a landlord, property manager, maintenance worker, or anyone with control over housing should report that conduct to the Department of Justice.

As the pandemic continues to impact the ability of many people to pay rent on time, it has also increased worries over housing insecurity. The Department of Justice is investigating reports of housing providers responding to requests to defer rent payments with demands for sexual favors and other acts of unwelcome sexual conduct.

“Sadly, the COVID-19 public health crisis has financially impacted many of our friends and neighbors here in northeastern Oklahoma,” said U.S. Attorney Trent Shores. “While so many good Samaritans and landlords in our community have risen to the occasion to support those experiencing financial hardship, others have abused their authority by sexually harassing tenants. That is unacceptable. Rest assured that this U.S. Attorney’s Office will hold bad actors accountable for violating the Fair Housing laws. Victims should contact (844) 380-6178 or email fairhousing@usdoj.gov to report these crimes.”

“The Fair Housing Act authorizes the U.S. Department of Justice take swift action against anyone who sexually harasses tenants,” said Eric Dreiband, Assistant Attorney General for Civil Rights. “Landlords, property owners, and others who prey on vulnerable tenants during the COVID-19 pandemic should be on notice. We will bring the full resources of the United States Department of Justice to the fight against sexual harassment in housing. We will defend the right of tenants and their families to live peacefully and securely in their homes without the added stress, pain, fear, and turmoil of dealing with sexual predators.”

The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing.

Launched in 2017, the Initiative has filed lawsuits across the county alleging a pattern or practice of sexual harassment in housing and recovered millions of dollars in damages for harassment victims. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years.  Many individuals do not know that being sexually harassed by a housing provider can violate federal law or that the Department of Justice may be able to help.

The Department of Justice, through the Civil Rights Division and the U.S. Attorney’s Offices, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.

The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178 or emailing fairhousing@usdoj.gov.

Individuals who believe they may have been victims of discrimination may also contact the U.S. Attorney’s Office for the Northern District of Oklahoma by contacting our Affirmative Civil Enforcement attorneys at (918) 382-2748.

Individuals may also file a complaint alleging harassment or discrimination in housing with the Department of Housing and Urban Development through HUD’s website or by calling (800) 669-9777.

For more information, go to www.justice.gov/crt/sexual-harassment-housing-initiative.  A Department of Justice public service announcement on sexual harassment in housing can be found here.

“The Supreme Court’s decision speaks for itself, and we are bound by that decision. Beyond that, we have no comment.”

ABINGDON, Va. – A Saltville, Va., man, who lied about his own death in order to hide assets from the federal bankruptcy court and later fraudulently assumed the identity of an attorney from Florida to further the scheme, pleaded guilty yesterday in U.S. District Court in Abingdon to a series of crimes, United States Attorney Thomas T. Cullen announced.

“In an effort to game the bankruptcy system, Mr. Geyer devised a made-for-TV plot that ultimately collapsed under its own weight,” U.S. Attorney Cullen stated today.  “The audacity of his fraud scheme not only shocks the conscience, but it offends the integrity of our judicial system.”

“Despite its complexity and shameless use of deceit, including against his own wife, Mr. Geyer’s scheme failed to account for the FBI’s and the US Attorney’s office’s commitment to protect both fraud victims and our judicial system.” Special Agent in Charge of the FBI’s Richmond Division David W. Archey said today. “Yesterday's guilty plea is a just and fitting end to Mr. Geyer’s audacious plan.  We are grateful for the USAO’s efforts and assistance in this case.”

Yesterday in U.S. District Court, Russell Geyer, 50, pleaded guilty to one count of contempt of court, one count of bankruptcy fraud, one count of wire fraud, and one count of aggravated identity fraud. At sentencing, Geyer faces up to life in federal prison. He will be sentenced on August 6, 2020, at 2:30 p.m.

According to court documents, Geyer devised a scheme to defraud the United States Bankruptcy Court through a series of deceptive statements designed to hide assets and maintain control of collateral. These actions included, but were not limited to, repeatedly lying about fake medical conditions, including prostate cancer, bone cancer, cardiac issues, a brain aneurysm, and pneumonia. 

On August 30, 2019, the attorney working for Geyer informed the court that he had received an email purportedly from Russell Geyer’s wife, stating that Russell was dead. In fact, Russell Geyer had sent the email posing as his wife.

At a September 5, 2019 hearing, Mrs. Geyer testified that her husband was alive and that neither she, nor Russell Geyer, had been out of town and in the hospital for the serious medical conditions claimed by the defendant throughout the case.

During the September 5, 2019 hearing, Russell Geyer’s attorney read into the record an email he received from an attorney in Florida indicating that the Florida attorney had sold some of the assets involved in the bankruptcy proceedings without the Geyers’ knowledge. The email further stated that he had complete control of Russell and told him to kill himself. The attorney concluded the email with “I am on a plane out of the country.”

The investigation determined that the Florida attorney whose name was used in the email actually exists but had nothing to do with this case. Instead, Russell Geyer used the Florida attorney’s name and a bogus email account to send these emails without the Florida attorney’s knowledge.

Further investigation revealed that Geyer had assumed the Florida attorney’s identity to fraudulently obtain $70,000 from his own wife. Geyer told his wife that he was going to receive more than $1 million in a settlement from a case that the Florida attorney was handling for him.  Geyer said he needed money to pay the attorney’s fees before the money would be released.  Geyer then used a bogus email address and an app that disguised his voice to pose as the Florida attorney and to confirm that a settlement was imminent.  It was all untrue.

This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.

CORPUS CHRISTI, Texas – A 57-year-old Houston man has entered a guilty plea in Corpus Christi federal court for conspiring to commit health care fraud, announced U.S. Attorney Ryan Patrick.

Ravinder Syal admitted he engaged in a scheme that resulted in the false billing of $4,878,530.92 for services never provided to patients. From Feb. 1, 2018, until March 1, 2020, he acquired physicians’ practices throughout Texas and assumed control of their billing department. He then brought in a company located in India to bill false claims to Medicare, Medicaid and various insurance providers.

Syal would submit false claims for services that were never performed, for nutritional servicers that were never provided and even for office visits that occurred over holidays when the clinics were actually closed. He would also bill for services that could not even be performed at the clinics he acquired due to lack of equipment.

Syal altered the billing information and added these fraudulent services without the knowledge of the physicians at the respective practices.

As a result of his scheme, Medicare, Medicaid and various insurance providers were billed $4,878,530.92 for services never performed. Syal was overpaid $553,068.65 on the fraudulent claims.

Sentencing has been set for Aug. 10 before U.S. District Judge David S. Morales.  At that time, Syal faces up to 10 years in federal prison and a possible $250,000 maximum fine.  

Syal was permitted to remain on bond pending that hearing.

The FBI and the Texas Attorney General’s Medicaid Fraud Control Unit conducted the investigation. Assistant U.S. Attorney Jeremy C. Fugate is prosecuting the case.

A convicted felon who illegally possessed a gun was sentenced May 6, 2020, to twenty-one months in federal prison. 

Mitchell Kubik, age 32, from Harpers Ferry, Iowa, received the prison term after a guilty plea to illegally possessing a firearm as a felon.  Statements at sentencing showed that Kubik kept a loaded, uncased rifle on a chair in the family room of a home he shared with three minor children.  At the time, Kubik had a prior felony conviction for forgery.            

Kubik was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Kubik was sentenced to twenty-one months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN).  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.

This case is also 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.  For more information about Project Guardian, please see https://www.justice.gov/ag/page/file/1217186/download.

The case was prosecuted by Assistant United States Attorney Jacob Schunk and investigated by the Federal Bureau of Investigation.    

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 19-CR-1040-CJW.

Follow us on Twitter @USAO_NDIA.

Fayetteville, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced today that Brion Carey, age 35, of Fayetteville, Arkansas, was sentenced on May 6, 2020, to 180 months in federal prison without the possibly of parole followed by twenty years of supervised release on two Counts of Transportation of Child Pornography and one Count of Access the Internet with the Intent to View Child Pornography. The Honorable Timothy L. Brooks, United States District Judge, presided over the sentencing hearing in the United States District Court in Fayetteville.

According to court records, in November of 2018, Homeland Security Investigations received information from the National Center for Missing and Exploited Children that an individual in Northwest Arkansas, later identified as Carey, uploaded numerous images of child pornography to a Google based email account. Further investigation revealed a second instance that the same Google email account was utilized to send an email containing child pornography. Carey was arrested in January of 2019. He was later indicted on three child pornography related charges. In December of 2019, a jury found Carey guilty of all charges. 

This case was investigated by the Department of Homeland Security and the Northwest Arkansas Internet Crimes Against Children (ICAC) Task Force.  Assistant United States Attorney Dustin Roberts and Assistant United States Attorney Carly Marshall prosecuted the case for the United States.

FORT WAYNE –  Lonnie J. Gardner, Jr. 32 years old, of Fort Wayne, Indiana, was sentenced by U.S. District Court Judge Holly A. Brady after pleading guilty to Hobbs Act robbery, announced U.S. Attorney Kirsch.

Gardner was sentenced to 92 months in prison followed by 2 years of supervised release. The Court also ordered restitution in the amount of $10,998.00

According to documents in the case, Lonnie J. Gardner, Jr was arrested after a traffic stop on February 2, 2018.  A joint investigation by federal and local law enforcement revealed that on January 5, 2018, at approximately 10:00 a.m., a suspect, later identified as Gardner, armed with a handgun and wearing a fake brown beard and a hat, robbed the Fort Financial Credit Union located inside of a Fort Wayne Meijer store. A total of $1,776.00 was taken during the robbery.  The suspect, was seen fleeing in a black Jeep Commander.

Shortly thereafter, officers with the Allen County Police Department saw a black Jeep Commander similar to the getaway vehicle within one mile of the Meijer store. A traffic stop was conducted and the driver of the black Jeep Commander was identified as Lonnie Gardner, Jr. From a search of the Jeep Commander, law enforcement had seen a blue puffy coat and a camouflage stocking hat in the back seat. Officers also observed a receipt dated January 5, 2018, from a finance company near the Meijer store evidencing a payment made on the Jeep Commander. Detectives were able to later confirm that after robbing the Fort Financial Credit Union on January 5, 2018, Gardner went to that finance company and made a $400.00 payment on the Jeep Commander with a portion of the proceeds from the bank robbery.

Additionally, on January 10, 2018, at approximately 2:10 p.m., a suspect, later identified as Gardner, armed with a handgun, robbed the Wal-Mart Customer Service Center located inside an Auburn, Indiana Wal-Mart. A total of $4,457.00 was taken during this robbery. After the robbery, the suspect fled and was seen on surveillance video being picked up by another individual driving a black pickup truck.

After his arrest, Gardner admitted to his involvement in the two robberies.

This investigation was conducted by the Federal Bureau of Investigation, the Indiana State Police Special Investigations Section, the Allen County Police Department, the Fort Wayne Police Department, and the Auburn Police Department.  This case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.

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BILLINGS – A Miles City man admitted today he illegally possessed a handgun after having been convicted of a felony, U.S. Attorney Kurt Alme said.

Braden Charles Losing, 25, pleaded guilty to being a prohibited person in possession of a firearm and to possession of a firearm while being a user of any controlled substance. For each charge, Losing faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set at a later time. Losing was detained.

The prosecution said in court documents that Losing had a prior felony drug conviction in Custer County. On Aug. 24, 2019, Glendive law enforcement officers responded to a report of a man passed out and unresponsive in a truck. Officers found Losing unconscious in the passenger seat and observed drug paraphernalia. Medical responders administered Naloxone and Losing regained consciousness.  Officers executed a search warrant on the truck and found drug paraphernalia along with a 9mm semiautomatic handgun loaded with a magazine.

Losing admitted to officers that on the day of his overdose, he smoked meth and injected fentanyl and could not remember anything after that. Losing did indicate he knew the handgun was in the truck and that it "probably" would contain his DNA and fingerprints. He acknowledged he was a convicted felon and was prohibited from possessing the gun.

Assistant U.S. Attorney Karla Painter is prosecuting the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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.

XXX

FORT WAYNE – Jamie Lynn Lantz, age 39, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady for distribution of fifty grams or more of methamphetamine, announced U.S. Attorney Kirsch.

Lantz was sentenced to 70 months in prison followed by 2 years of supervised release.

According to documents in this case, on February 25, 2019, a confidential informant (CI) working with the Fort Wayne Police Department (FWPD) had contact with Lantz, who offered to sell the CI two ounces of methamphetamine. The CI and a FWPD Narcotics detective met Lantz later that evening at a location in downtown Fort Wayne, Indiana, where the CI provided Lantz $1,100.00 to purchase the methamphetamine. Lantz proceeded to meet with the CI and detective at a gas station in Fort Wayne, where she gave the CI a pouch containing two baggies of a crystal substance. The substance was tested and was found to be 55.4 grams of 100% pure crystal methamphetamine.

The case was investigated by the Drug Enforcement Administration and the Fort Wayne Police Department.  The case was handled by Assistant United States Attorney Sarah E. Nokes. 

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DES MOINES, IA – On May 7, 2020, United States District Senior Judge James E. Gritzner sentenced Tofyk Ali Oro, age 32, a former resident of Texas, to 30 months in prison for Access Device Fraud Conspiracy, announced United States Attorney Marc Krickbaum. On December 12, 2019, Senior Judge Gritzner sentenced Ali Oro’s co-defendants Jose Antonio Hernandez and Luis S. Boffill Figueredo, also former residents of Texas, for the same charge. Hernandez was sentenced to 30 months in prison and Boffill to six months in prison. Each defendant was ordered to serve multiple years of supervised release to follow the prison terms and pay restitution.

On or about October 28, 2017, Ali Oro and Hernandez traveled from Texas to the Des Moines area and agreed to fraudulently purchase store gift cards and other items from various retailers using credit/debit card account numbers they knew were stolen. Specifically, they unlawfully obtained account numbers that belonged to customers of Community State Bank and then encoded the stolen numbers on the magnetic strips of other plastic cards. From October 28 through November 3, 2017, they used the fraudulent “encoded” cards to complete $28,839.18 in sales transactions. On December 19, 2017, Ali Oro and Hernandez again traveled from Texas to Des Moines. This time they were joined by Boffill. The group then encoded stolen account numbers belonging to customers of Bankers Trust on the magnetic strips of other plastic cards. From December 19 through December 23, 2017, they used these fraudulent cards to complete $41,826 in sales transactions in the Des Moines area.

All three defendants were ordered to jointly and severally pay $41,826 in restitution to Bankers Trust. Ali Oro and Hernandez were also ordered to jointly and severally pay $28,839.18 in restitution to Community State Bank. Both banks covered the fraudulent charges made on their customers’ accounts.

This case was investigated by the Des Moines Police Department with computer analysis assistance by the Federal Bureau of Investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

CLARKSBURG, WEST VIRGINIA – Charles Lynn, of Uniontown, Pennsylvania, was sentenced today to 115 months incarceration for a firearms charge, U.S. Attorney Bill Powell announced.
 
Lynn, age 41, pled guilty to one count of “Possession of Stolen Firearm” in February 2020. Flynn, a convicted felon, admitted to possessing a 12-gauge shotgun, a .308 caliber rifle, and a 7mm caliber rifle, all believed to be stolen, in October 2018 in Monongalia County.

Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Monongalia County Sheriff’s Office, and the Pennsylvania State Police investigated. 

This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.

U.S. District Judge Thomas S. Kleeh presided.

PITTSBURGH - A New York resident was arrested and criminally charged for his role in allegedly advertising and selling stolen COVID-19 testing services for $135 to $200, falsely claiming that he was connected to labs that would test the kits, shipping test kits without any prior medical screening, and providing no results to consumers, United States Attorney Scott W. Brady announced today. Additionally, the United States Secret Service, Pittsburgh Field Office Cyber Fraud Task Force, successfully shut down the websites that advertised and sold these stolen test kits. The Department of Justice, under Attorney General William Barr’s recent direction, prioritizes such detection, investigation, disruption and prosecution of illegal conduct related to the coronavirus pandemic.

Henry Sylvain Gindt II, 34, of Queens (New York), New York, has been charged by criminal complaint with committing mail fraud and wire fraud, and conspiring to commit mail fraud and wire fraud.

"Let this be a message to anyone who wants to scam our fellow citizens during this pandemic: the Department of Justice will take swift action to disrupt your scheme and then we will arrest you," said U.S. Attorney Brady. "This is why we created our Western Pennsylvania COVID-19 Fraud Task Force. Gindt tried to profit from the pandemic by selling stolen test kits and services without ever delivering the promised results. Instead, we shut him down and now he is facing prison time."

"This case demonstrates the investigative capabilities of the United State Secret Service, as well as the members of the Western Pennsylvania COVID-19 Fraud Task Force under the leadership of U.S. Attorney Scott Brady. The suspect in this case took advantage of American citizens for his own personal benefit, preying on customers fear and anxiety," said Tim Burke, Special Agent in Charge, United States Secret Service, Pittsburgh Field Office. "This case should serve as a strong deterrent for criminal actors considering taking part in related fraud schemes. The Secret Service along with our Western Pennsylvania COVID-19 Fraud Task Force partners will continue to investigate and arrest criminals who attempt to defraud citizens and businesses related to the COVID-19 pandemic."

According to the Criminal Complaint, Gindt II founded YouHealth, Inc., a website offering telemedicine and personalized nutrition, wellness and DNA genetics testing. Gindt II illegally obtained stolen COVID-19 test kits from a laboratory employee. He then advertised those stolen testing kit services for $135 to $200 on his YouHealth websites and in unsolicited emails that he sent to consumers in multiple states. As part of his advertising, Gindt II falsely and fraudulently misrepresented that he was affiliated with a certified lab that would test the samples and provide results. Gindt II sold the test kits to consumers – including in Western Pennsylvania – without any prior medical screening. Instead, once the testing kit services (including the nasal swabs used for collection and packaging to send to the lab) were ordered, Gindt would have them overnighted to consumers with a request to then complete a medical questionnaire to screen for COVID-19 symptoms. Gindt II sent the test kits to consumers via FedEx Overnight using the FedEx account in the name of an entity identified in the complaint as "Lab" and an individual identified as "T. A." Gindt II directed consumers to swab themselves and send their test kits to "Lab" for testing. The consumers never received any test results.

On April 15, 2020, the United States Secret Service, Pittsburgh Field Office Cyber Fraud Task Force, successfully shut down the websites for YouHealth.shop and YouHealth.me relating to this investigation.

This case began following a tip to the Western Pennsylvania COVID-19 Task Force from a western Pennsylvania resident who had received an email from henry.gindt@youhealth.me advertising the sale of at-home COVID19 testing services.

The public is urged to continue to report suspected fraud schemes related to COVID-19 by calling the Western Pennsylvania COVID-19 Fraud Task Force’s Toll Free Hotline: 1-888-C19-WDPA or 1-888-219-9372 or send an email to the Western Pennsylvania COVID-19 Fraud Task Force’s email address: usapaw.covid19@usdoj.gov.

This case is being prosecuted by Assistant United States Attorney Robert S. Cessar. The United States Secret Service, the U.S. Postal Inspection Service, the Food and Drug Administration – Office of Criminal Investigations, and all members of the Western Pennsylvania COVID-19 Fraud Task Force conducted the investigation leading to the charges in this case. The United States Attorney’s Office for the Northern District of Georgia and the Federal Bureau of Investigation participated in the investigation of this case.

A criminal complaint is only a charge and is not evidence of guilt. A defendant may not be prosecuted unless, within 30 days, a grand jury has found probable cause to believe that he is guilty of an offense.

COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on May 6, 2020, Patrick Spagnotti, age 50, of Omaha, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger for bank robbery. Spagnotti was sentenced to 36 months in prison to be followed by a three-year term of supervised release.

On April 5, 2019, Spagnotti handed a note to a teller at a US Bank in Council Bluffs that demanded money and the teller gave Spagnotti $4,335 in cash. Once Spagnotti left the bank, law enforcement attempted to stop and pull him over, but Spagnotti accelerated to speeds in excess of 100 mph. Law enforcement eventually executed a controlled stop of the vehicle and arrested Spagnotti. The cash was recovered by law enforcement.

This matter was investigated by the Council Bluffs Police Department, Iowa State Patrol, Federal Bureau of Investigation, and the Great Plains Violent Crimes Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.