Spokane – William D. Hyslop United States Attorney for the Eastern District of Washington, announced Dale Gordon Black, age 63, of Kennewick, Washington, who had previously pled guilty to three counts of production of child pornography, has just been ordered to pay $400,000 restitution to two of his victims.

On December 18, 2018, Black pleaded guilty to three counts of Production of Child Pornography. On July 16, 2019, Senior United States District Judge Edward Shea sentenced Black to a 30-year term of imprisonment, to be followed by a lifetime of court supervision after he is released from federal prison. The Court also ordered Black to forfeit $185,900 in cash and his Subaru Legacy, and to pay $19,150 in restitution to other victims and $305,000 in fines, $5,000 of which was imposed under the Justice for Victims of Trafficking Act.

On May 15, 2020, consistent with the stipulation and agreement of the parties, the Court found the two minor victims seeking restitution were entitled to receive restitution for past and future medical services, including physical, psychiatric, or psychological care, and ordered

Black to pay restitution in the amount of $200,000 per victim. The Court ordered Black, consistent with the agreement of the parties, to purchase a structured, guaranteed settlement annuity for each of the two victims seeking restitution, in the amount of $200,000. The Court ordered the structured settlement annuities purchased by Black shall provide monthly payments to the victims to be used for their future medical care.

According to information disclosed during court proceedings, on July 18, 2017, undercover Federal Bureau of Investigation agents downloaded a child pornography video from an Internet Protocol address that was traced to Black's residence using a peer-to-peer file sharing program.

Investigators obtained a search warrant and seized many electronic devices from Black’s residence. A forensic examination of Black’s electronic devices revealed child pornography images that he had produced. The images were of three children Black knew either as neighbors or through his work in a local youth mentoring program. Black produced the images at his house and on overnight trips he took alone with the children.

United States Attorney Hyslop said, “Sexual predation and exploitation of children are heinous crimes. That Dale Black preyed on vulnerable children through his participation in a youth mentorship program make his crimes even more egregious. The children in our community are safer now that Black has been convicted of three serious felony child pornography offenses and removed from society and the ability to hurt others. The restitution imposed reflects the gravity of the harm such terrible actions cause to victims. Victims of child pornography can never be truly compensated for what they suffered and endured. However, the United States Attorney’s Office for the Eastern District of Washington will continue to pursue restitution as an integral part of our efforts to seek justice on behalf of child pornography victims. The sentence imposed in this case, the forfeiture of Black’s assets, and the restitution ordered serves as a stern warning to offenders that you will be held accountable for your actions.”

This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

• Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;

• Participation of PSC partners in coordinated national initiatives;

• Increased federal enforcement in child pornography and enticement cases;

• Training of federal, state, and local law enforcement agents; and,

• Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

This case was investigated by the Spokane Resident Office of the Federal Bureau of

Investigation with assistance from the ICAC Task Force, the Richland Police Department and the Kennewick Police Department.

The ICAC Task Force is comprised of the Cities of Richland and Kennewick, Benton County, and the Department of Homeland Security Investigations, Seattle Office. The ICAC Task Force serves the public’s best interest by allowing these agencies to pool resources and knowledge to investigate, prosecute and deter the possession, production, and distribution of child pornography and the utilization of the internet to seek out children as sexual victims.

This case was prosecuted by Brian M. Donovan and Alison L. Gregoire, Assistant United States Attorneys for the Eastern District of Washington.

Tampa, FL – United States Attorney Maria Chapa Lopez announces today that Premier Medical Associates (PMA), a medical practice located in The Villages, Florida, has agreed to pay $750,000 to resolve allegations that it violated the False Claims Act. As part of the settlement, the United States contends that it has certain civil claims against PMA related to PMA’s billing of federal healthcare programs for services that were not medically necessary and reasonable.

Specifically, the government alleges that PMA knowingly billed for higher and more expensive levels of medical services than were actually performed and also billed for certain claims using “modifier 25,” indicating that a separate evaluation and management service was performed, even when there was no such separate service.

“This settlement reflects our continuing efforts to protect patients and taxpayers by ensuring that the care provided to beneficiaries of government-funded healthcare programs is dictated by patient needs, not a provider’s financial gain,” said U.S. Attorney Chapa Lopez. “We will continue to hold health care providers accountable when they misrepresent the services billed to our federal healthcare programs and their patients.”

The resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

This matter was investigated by the U.S. Department of Health and Human Services – Office of Inspector General. It was handled by Assistant United States Attorney Sean Keefe.

The claims resolved by this settlement are allegations only, and there has been no determination of liability.

MACON, Ga.– A former Columbus, Georgia resident and convicted sex offender who moved out of state and failed to register as a sex offender with local authorities was sentenced to prison for breaking the law, said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia. John Corriher, 54, of Salisbury, North Carolina was sentenced by U.S. District Judge Clay Land on Tuesday, May 19, 2020 to 34 months in prison and five years supervised release for failing to register as a sex offender, a federal offense. There is no parole in the federal system.

“All convicted sex offenders are required by law to register as a sex offender with the appropriate registration officials each and every time they move. Failure to do so is a federal crime and will result in prosecution by this office,” said U.S. Attorney Charlie Peeler. “I want to thank the Muscogee County Sheriff’s Office and the United States Marshals Service for tracking down the whereabouts of this offender and for their excellent work investigating the case.”

Corriher was convicted in Florida of unlawful sexual activity with certain minors in February 2001. Following his conviction, he eventually settled in Columbus and registered annually as a sex offender through the Muscogee County Sheriff’s Office (MCSO) from November 2010 through April 2016. Following his last registration, the defendant absconded. In February 2017, an arrest warrant was taken out by MSCO for failure to register as a state sex offender. The investigation was turned over to the United States Marshals Service (USMS) when Corriher was found to be living in Salisbury, North Carolina, where he did not register as a sex offender. He was apprehended by USMS on March 18, 2019.   

The case was investigated by the USMS and the MCSO. Assistant U.S. Attorney Crawford Seals prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.

NEWARK, NJ – The Justice Department today announced that it filed a lawsuit against Jackson Township, New Jersey, and the township planning board alleging they implemented zoning ordinances that intentionally restrict the operation of religious schools and housing associated with such schools, including religious boarding schools known as yeshivas, required by the Orthodox Jewish community.

The complaint alleges that the township passed two ordinances, and the planning board applied those ordinances in a manner that discriminated against the Orthodox Jewish community, in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the Fair Housing Act (FHA). Both ordinances expressly prohibit dormitories throughout Jackson, making it impossible for religious boarding schools such as Orthodox Jewish yeshivas to establish there. Although Jackson passed these ordinances to prevent dormitories anywhere in Jackson, the planning board has since approved, without requiring a variance, the plans for two nonreligious projects with dormitory-type housing.

“Religious discrimination has no place in our society and runs counter to the founding principles of our nation,” U.S. Attorney Craig Carpenito said. “No religious community should ever face unlawful barriers or be singled out for inferior treatment. This complaint reflects our continued commitment to combat discrimination and unequal treatment.”

“Using zoning laws to target Orthodox Jewish individuals for intentional discrimination and exclude them from a community is illegal and utterly incompatible with this Nation’s values,” Eric Dreiband, Assistant Attorney General for the Civil Rights Division, said. “Let me be clear.  The Department of Justice will use the full force of its authority to stop such anti-Semitic conduct and prevent its recurrence.”

The complaint also alleges that the township and planning board enacted the ordinances with respect to religious dormitories against a backdrop of extreme animus by Jackson residents and township decision makers toward the Orthodox Jewish community and a movement by residents to keep Orthodox Jewish community members from settling in Jackson. The complaint alleges that the township and planning board’s actions towards the Orthodox Jewish community violate RLUIPA’s non-discrimination and equal terms provisions, as well as the FHA.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship

In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the U.S. Attorney's civil rights complaint portal or the complaint portal on the Place to Worship Initiative website. Information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php

The government is represented by Assistant U.S. Attorney Kelly Horan Florio of the U.S. Attorney’s Office Civil Rights Unit, and Trial Attorney Beth Frank, U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section.

BOSTON – A Dominican national was charged yesterday with illegal reentry of a previously deported alien.

Eddy Arias Tejada, 45, was charged today by Information with one count of unlawful reentry of a deported alien. Arias is currently in the custody of the United States Marshals Service.

According to the charging documents, Arias was deported from the United States to the Dominican Republic on March 7, 2017. Sometime after his March 2017 removal, Arias illegally reentered the United States. On or about Aug. 15, 2019, Arias was encountered in Quincy, Mass.

The charging statute provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Todd Lyons, Acting Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

PITTSBURGH - U.S. Attorney Scott W. Brady today announced that the Municipality of Penn Hills, Pennsylvania, received $51,535 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.

The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. In addition, the Pennsylvania Commission on Crime and Delinquency has been awarded $17.6 million in grants that can be distributed to eligible governmental agencies throughout Pennsylvania, including western Pennsylvania. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications, which are not due until May 29, 2020.

From the moment these grants became available, U.S. Attorney Brady has dedicated staff to ensure that all eligible agencies in western Pennsylvania have the opportunity to apply and receive funds promptly. Since then, the Office has worked with eligible applicants to assist them in the grant process.

"The men and women on the front line of this pandemic deserve our deepest appreciation for answering the call to serve regardless of the danger," U.S. Attorney Brady said. "I am hopeful this $51,535 from the Justice Department will help Penn Hills police officers in their public safety duties while also ensuring their own health and safety. I also encourage all of our local law enforcement agencies to apply for these critical grants."

"This funding is crucial to Penn Hills Police Department’s preparedness and response to corona virus," said Scott Andrejchak, Penn Hills Borough Manager. "Penn Hills is thankful to our partners at the U.S. Attorney’s office for working with us to secure these funds."

The public safety funds being made available through DOJ’s Coronavirus Emergency Supplemental Funding program can be used for the most pressing needs of our state and local partners, including new hiring and overtime pay, training, critical personal protective equipment and supplies, and the medical needs of prisoners.

Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

NEW ORLEANS –  U.S. Attorney Peter G. Strasser announced that GARY PETER SIMON, JR., age 56, a resident of Mandeville, Louisiana, was sentenced on May 19, 2020 to (3) three years probation by United States District Judge Greg G. Guidry after previously pleading guilty to intentionally accessing a protected computer without authorization and recklessly causing damage resulting in loss of more than $5,000 during one year, in violation of 18 U.S.C. '' 1030(a)(5)(B) and 1030(c)(4)(A).  SIMON was also ordered to perform 200 hours of unpaid community service, pay a $100 special assessment fee, and restitution to the victim in the amount of $23,200.

CHARLOTTE, N.C. – Gerald Maxwell Harrison, 53, and Elizabeth Robin Williams, 55, both of Mint Hill, N.C., have pleaded guilty to federal charges for conspiring with each other and other individuals to steal more than $400,000 from an elderly victim who suffered from dementia, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.

Tommy D. Coke, Inspector in Charge of the of the Atlanta Division of the U.S. Postal Inspection Service, which oversees Charlotte, John A Strong, Special Agent in Charge for the FBI in North Carolina, and Chief Tim W. Ledford of the Mint Hill Police Department join U.S. Attorney Murray in making today’s announcement.

According to Harrison and Williams’ plea agreements, court documents filed in the case, and court proceedings, from January 2015 through September 2019, Harrison, Williams, and their co-conspirator, Donna Graves, engaged in a scheme to defraud a victim identified in court documents as “K.T.” The victim was an elderly widow who lived alone and suffered from dementia and other physical and mental challenges.

According to court records, beginning in February 2014, Graves and Williams provided housekeeping services for the victim through a business owned and operated by Graves. Court records show that Harrison, Williams, and Graves isolated the victim from her friends and family, and induced the victim to give them power and control over her financial and personal affairs.  Once they gained access and control, Williams, Harrison, and Graves engaged in numerous illegal and unauthorized financial transactions that substantially depleted the victim’s money and property.  Specifically, the co-conspirators emptied the victim’s bank accounts and used the money to pay for personal expenses, they fraudulently “maxed out” at least one credit card in the victim’s name, they fraudulently transferred or attempted to transfer the victim’s assets to themselves, they pawned the victim’s jewelry, and they stole the victim’s federal benefits.  Additionally, Williams unlawfully used the victim’s money to set up other businesses in her name, including a business selling handbags online and a business selling weight loss-related services. As a result of the fraudulent scheme, the co-conspirators defrauded the victim of more than $400,000. 

Harrison pleaded guilty today to wire fraud conspiracy, interstate transportation of stolen property, and money laundering conspiracy. His co-defendant, Williams, pleaded guilty to the same charges on May 14, 2020.  The wire fraud conspiracy charge carries a maximum penalty of 20 years in prison and a $250,000 fine. The interstate transportation of stolen property charge carries a maximum prison term of 10 years and a $250,000 fine. The statutory maximum penalty for the money laundering conspiracy charge is 20 years in prison and a $500,000 fine.

The charges in the indictment for the alleged conduct of the third co-defendant, Donna Gravers, are still pending and they are considered allegations.  The defendant is presumed innocent until proven guilty beyond reasonable doubt in a court of law.

In making today’s announcement U.S. Attorney Murray commended the FBI, USPIS, and the Mint Hill Police Department for their investigation of this case. 

Assistant United States Attorneys Kenneth M. Smith and Caryn D. Finley, of the U.S. Attorney’s Office in Charlotte, are prosecuting the case.

In March 2019, Andrew Murray, U.S. Attorney for the Western District of North Carolina, announced the Office’s Elder Justice Initiative, which aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educate older adults on how to identify scams and avoid becoming victims of financial fraud; and promote greater coordination with law enforcement partners. For more information please visit: https://edit.justice.gov/usao-wdnc/elder-justice-initiative

A Tulsa man made an initial appearance today in federal court for child pornography charges stemming from a Carter County Sheriff’s Office investigation, announced U.S. Attorney Trent Shores.

Kevin Edward Swarthout, 47, is charged with possession of child pornography and distribution of child pornography.

“There are no more serious criminal allegations than those involving the sexual exploitation of children. The possession and distribution of child pornography is not only criminal, it is abhorrent,” said U.S. Attorney Trent Shores. “This investigation is a reminder that even during these uncertain times, state, local, county, and federal law enforcement officials are working to protect our children from child predators.”

On Dec. 25, 2019, the Carter County Sheriff’s Department conducted an online investigation through a file sharing network. They received 21 files of child pornography from a specific IP address during the course of their investigation. On Feb. 18, 2020, officers received the subscriber’s information for the IP address. The subscriber was located at a physical address in Tulsa.

On May 12, 2020, the Tulsa Police Department Cyber Crimes Unit, Oklahoma State Bureau of Investigation, and Homeland Security Investigations executed a search warrant of the premises. Swarthout was present during the search. Detectives and agents located multiple digital devices allegedly belonging to Swarthout, including a Samsung tablet and SD cards.  According to the Criminal Complaint, investigators discovered 100 images and videos of child pornography on the tablet, many depicting adults engaging in sexual intercourse with prepubescent children. They also found an additional 124 images of child pornography on a micro SD card. Investigators are continuing to search other SD cards discovered.

The National Center for Missing and Exploited Children will analyze the images found by investigators in order to identify known and unknown child sexual assault victims.

The Complaint also alleges that during the search, Swarthout stated that he lived at the residence, paid half the utilities including the cable bill, and had previous convictions for child pornography. A Complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal Grand Jury within 30 days of the defendant’s initial appearance in federal court. Once a Grand Jury returns an Indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt.

The Carter County Sheriff’s Department, Tulsa Police Department, Oklahoma State Bureau of Investigation, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies. Assistant U.S. Attorney Christopher J. Nassar is prosecuting the case.

Every day, law enforcement and U.S. Attorneys’ Offices across our nation dedicate themselves to finding justice for missing and exploited children. On May 25, our country recognizes National Missing Children’s Day. President Ronald Reagan proclaimed May 25, 1983, the first National Missing Children’s Day in memory of 6-year-old Etan Patz, who disappeared while walking to his bus stop in lower Manhattan on May 25, 1979. National Missing Children’s Day honors his memory as well as those children still missing. Etan’s killer was convicted in February 2017 for the 1979 murder, but the case remains active with the National Center for Missing & Exploited Children because his body was never found.

PHILADELPHIA – United States Attorney William M. McSwain announced today that Jason Gusoff, 44, of Richboro, Pennsylvania entered a plea of guilty to one count of conspiracy to commit arson. United States District Judge C. Darnell Jones II presided over the guilty plea hearing in Philadelphia via video teleconference.

The defendant purchased his business, California Tanning Salon, in November 2007. For the approximately nine months that the defendant owned and operated the business, it was never profitable. The business expenses exceeded the revenue generated, and Gusoff could not make the required lease payments. On July 21, 2008, Gusoff directed his co-conspirator to set fire to the business with the intent to destroy it. After the fire, Gusoff submitted requests for payment to the business’ insurance company while making materially false representations that he was not responsible for the loss caused by the fire. These lies resulted in the defendant receiving $105,486 from the insurance company.

A federal grand jury returned an Indictment against Gusoff in February 2011. Prior to his scheduled trial in September 2011, Gusoff fled the United States using his brother’s passport. In February 2019, due to the coordinated efforts of the United States Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Cambodian Police, the defendant was arrested in Cambodia and returned to the Eastern District of Pennsylvania to answer for his crimes. The co-conspirator, who was severely burned while committing the arson and hospitalized as a result, pled guilty in 2011 and has since served his sentence.

“Gusoff has a brazen disrespect for the law – and for human life. He is lucky that no one died during this fire,” said U.S. Attorney McSwain. “He put people’s safety at risk, stole insurance money, and when faced with the consequences of his actions, fled the country. If you are charged in the Eastern District of Pennsylvania with a federal offense, it does not matter if you flee to the other side of the world. We will find you and hold you accountable for your actions.”

“Acts of arson are dangerous crimes and threaten the community. ATF is committed to keeping the public safe from those who maliciously set these fires,” said Donald Robinson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Philadelphia Field Division. “We appreciate the assistance of our federal and international partners in getting the defendant back to the States to face these charges, and the dedication and tenacity of our personnel in the Arson and Explosives Task Force.”

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is being prosecuted by Assistant U.S. Attorney Jeanine Linehan, the Deputy Chief of the Violent Crime Unit of the U.S. Attorney’s Office.

John H. Durham, United States Attorney for the District of Connecticut, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, announced that a federal grand jury in New Haven returned an indictment today charging ANTHONY FIGUEROA-GONZALEZ, 27, of Bridgeport, with distributing fentanyl.

As alleged in court documents, in August 2019, the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force identified Figueroa-Gonzalez as a large-scale distributor of fentanyl.  On September 17 and November 7, 2019, investigators made controlled purchases of approximately 50 grams of fentanyl from Figueroa-Gonzalez in Bridgeport.

Figueroa-Gonzalez was arrested on a federal criminal complaint on May 6, 2020.

The indictment charges Figueroa-Gonzalez with two counts of possession with intent to distribute, and distribution of, 40 grams or more of fentanyl, an offense that carries a mandatory minimum term of imprisonment of five years a maximum term of imprisonment of 40 years on each count.

U.S. Attorney Durham stressed that an indictment is not evidence of guilt.  Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

Figueroa-Gonzalez is currently released on a $100,000 bond.

The DEA’s Bridgeport HIDTA Task Force, includes personnel from the DEA Bridgeport Resident Office, the Connecticut State Police, and the Bridgeport, Norwalk, Stamford, Stratford, Milford and Danbury Police Departments.  This case is being prosecuted by Assistant U.S. Attorney Karen L. Peck.

BOSTON – A Boston man was sentenced today in federal court in Boston for being a felon in possession of a firearm.

Jovani Miranda, 28, was sentenced during a videoconference before U.S. Senior District Court Judge Mark L. Wolf to 30 months in prison and three years of supervised release. In January 2020, Miranda pleaded guilty to one count of being a felon in possession of a firearm.

On Jan. 15, 2019, Jovani Miranda was found in possession of a Rossi, Model 462, .357 Magnum revolver, with an obliterated serial number, loaded with five .357 Magnum rounds of ammunition. Miranda is prohibited from possessing a firearm due to multiple prior felony convictions.

United States Attorney Andrew E. Lelling and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Suffolk County District Attorney’s Office and the Boston Police Department. Assistant U.S. Attorney Alathea Porter of Lelling’s Criminal Division 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. PSN is 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.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Polak, 48, of Elma, New York, who was convicted of knowingly causing a licensed firearms dealer to fail to make an appropriate entry in required firearms transfer records, was sentenced to serve one year probation by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in 2017, the defendant won two rifles in a charity raffle. On January 11, 2018, a six month restraining order was issued against Polak in Buffalo Family Court. Later, on the same day the restraining order was issued, the defendant went to The Gun Locker LLC to fill out paperwork related to him taking possession of the two rifles he previously won. When completing an ATF Firearms Transaction Record form 4473, Polak was asked “Are you subject to a court order restraining you from harassing, stalking, or threatening your child or intimate partner or child of such partner?” The defendant inaccurately marked “NO” on the form, and then dated and signed the form, which includes a warning that it is a federal crime to answer “NO” if the buyer is subject to a restraining order.

The sentencing is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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         LOS ANGELES– Angeles Institute, a for-profit nursing school based in Artesia, has agreed to comply with the Americans with Disabilities Act (ADA) by allowing individuals who are deaf or hard of hearing to enroll. As part of a settlement agreement with the United States, the school also agreed to provide auxiliary aids and services necessary to ensure effective communication to these students.

         The settlement, which was finalized today, resolves allegations that Angeles Institute denied a prospective student admission to its nursing assistant program because he is deaf. The ADA prohibits public accommodations, including private educational institutions like Angeles Institute, from denying access to their programs or services to individuals with disabilities.

         Under the settlement agreement, Angeles Institute must:

• modify its policies to clarify that prospective students cannot be denied admission because  of a disability;
• provide interpreters or other auxiliary aids and services free of charge when necessary to ensure effective communication with students and prospective students;
• modify its courses if necessary to ensure they are accessible to individuals with disabilities;
• appoint an ADA Coordinator to ensure that students with disabilities have equal access to the school’s programs and services; and
• pay $10,000 to the complainant and a $5,000 civil penalty to the United States.

         Assistant United States Attorney Matthew Nickell of the Civil Division’s Civil Rights Section handled this matter.

         Angeles Institute fully cooperated with the government’s investigation.

         This year marks the ADA’s 30th anniversary. The Department of Justice plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities.

RALEIGH, N.C. – A federal inmate incarcerated at the Federal Correctional Complex in Butner was sentenced to 12 months in prison and an additional two-year term of supervised release for possession of the opiate buprenorphine, a Schedule III narcotic commonly referred to by the brand name Suboxone.  The 12-month term of imprisonment is in addition to, and consecutive to, his current term of imprisonment, and the two-year term of supervised release is in addition to and consecutive to his 3-year term of supervised release on his current sentence. 

According to court documents, while Aaron Trujillo, 57, was serving a federal sentence for multiple bank robbery convictions, he was found in possession of multiple sublingual film strips containing buprenorphine.  The Bureau of Prisons’ investigation also revealed a large cache of stamps and a debt ledger suggesting that he was involved in the sale and distribution of buprenorphine for several months. 

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Terrence W. Boyle. Bureau of Prisons Special Investigative Agents investigated the case and Special Assistant U.S. Attorney Michael Bredenberg prosecuted the case.

A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00429-BO.

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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.

A federal grand jury in Toledo, Ohio returned a four-count indictment today charging Sherry-Ann Jenkins, age 55, and Dr. Oliver H. Jenkins, age 57, both formerly of Ottawa Hills, Ohio, on one count each of conspiracy, mail fraud, wire fraud, and health care fraud in connection with their development and operation of the Toledo Clinic Cognitive Center from approximately 2013 through 2016.

According to the indictment filed for this case, from November 2013 to March 2016, Dr. Sherry-Ann Jenkins and Dr. Oliver Jenkins operated a business known as the Toledo Clinic Cognitive Center to diagnose and treat patients with cognitive disorders, particularly those suspected of suffering from dementia and Alzheimer ’s disease. The Center would later become a formal part of the Toledo Clinic.  Dr. Oliver Jenkins was to serve as the Cognitive Center’s Medical Director, and Dr. Sherry-Ann Jenkins would serve as the Center’s Director, responsible for overseeing the day-to-day operations. Dr. Sherry-Ann Jenkins had no clinical education, training, or certification. Defendant Sherry-Ann Jenkins had no medical background, affiliation, or licenses to provide medical care of any type.

Immediately following the opening of the Cognitive Center in 2014, Dr. Sherry-Ann Jenkins began performing as a fully qualified and licensed physician or psychologist.  She began assessing, diagnosing, and treating patients for perceived cognitive disorders. She would often order PET scans, which she was unqualified to do, for her patients, and then used the scan results to diagnose a patient with a cognitive disorder. She would then bill these patients for her time as a physician using Dr. Oliver Jenkins National Provider Identifier (NPI) number. Dr. Oliver Jenkins never saw these patients for cognitive care.

The defendants never disclosed that Dr. Sherry-Ann Jenkins was neither trained nor licensed to provide any type of medical care or that Dr. Oliver Jenkins, who was licensed to provide medical care, was rarely present.

Dr. Sherry-Ann Jenkins billed patients and federal health care benefits programs, Medicare and Medicaid, for services for which she was not eligible to bill, were unnecessary, or never performed, and made it appear that Dr. Oliver Jenkins was the rendering provider.

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

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

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation in Toledo, Ohio, the United States Department of Health and Human Services, Office of Inspector General in Cleveland, Ohio, the Ohio Attorney General’s Medicaid Fraud Control Unit, and the Ohio State Medical Board.  The case is being prosecuted by Assistant U.S. Attorneys Gene Crawford and Brian McDonough.

SPRINGFIELD, Mo. – An employee of the West Plains, Missouri, R-7 School District was charged in federal court today with soliciting children to send him sexually explicit photos and videos through Snapchat and Instagram.

Cody Ashton Ary, 29, of West Plains, was charged in a criminal complaint filed in the U.S. District Court in Springfield, Missouri, with one count of producing child pornography. Ary is employed with the West Plains R-7 School District as a paraprofessional and commonly assists with special need students.

According to an affidavit filed in support of the federal criminal complaint, Instagram initiated a CyberTip with the National Center for Missing and Exploited Children on Dec. 3, 2019, after Ary allegedly uploaded a sexually explicit video of an 8-to-10-year-old boy to his account. Investigators found a total of 92 chat conversations between Ary and other Instagram users. According to the affidavit, Ary used the screen name “15anime_boy” and identified himself as a 15-year-old male to other users. He allegedly solicited sexually explicit videos and images from other users who identified to be minor males. Ary allegedly received dozens of images and videos of child pornography through his Instagram account. Ary asked the child victims to send him videos and images of them stripping, the affidavit says, in exchange for Ary providing Internet links to folders that contained child pornography.

Law enforcement officers executed a search warrant at Ary’s residence today, where he was arrested.

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

This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the West Plains, Mo., Police Department, the Southwest Missouri Cyber Crime Task Force, and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations. 

Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

         LOS ANGELES– A Koreatown man today pleaded guilty to two child exploitation charges for convincing teenage girls to send him sexually explicit images, and then coercing victims to send more with threats of publishing the images he initially obtained.

         Francisco Sanchez, 31, pleaded guilty to two counts of production of child pornography.

         In a plea agreement filed in United States District Court, Sanchez admitted that he used websites and computer applications to “meet” minor girls. From 2014 through September 2016, Sanchez used the pseudonym “Eddie Nash” to pose as a teenage boy and develop romantic relationships with his victims so that he could obtain sexually explicit images and videos from them. In some cases, Sanchez convinced his victims to engage in sexually explicit conduct during video chats, which allowed him to take pornographic screen shots of the minors. In other cases, Sanchez threatened to commit suicide to coerce the victims into sending him pictures or videos.

         After obtaining sexually explicit images from the girls, Sanchez threatened to publish or otherwise expose the victims if they did not send additional images or videos.

         Sanchez “intentionally targeted girls that he knew to be suicidal or despondent, because [he] believed they would be easier to manipulate and control,” Sanchez admitted in the plea agreement.

         While Sanchez pleaded guilty to two counts – related to victims who were 13 and 14 – he admitted in his plea agreement that he victimized another five teenage girls.

         Sanchez further admitted that he cyberstalked two victims – which included threatening to make one girl “internet famous” by publishing child pornography depicting her – and that he distributed child pornography on a peer-to-peer file sharing network.

         Sanchez is scheduled to be sentenced on September 15 by United States District Judge Dolly M. Gee.

         Each charge of production of child pornography carries a 15-year mandatory minimum sentence and a maximum statutory penalty of 30 years in federal prison.

         After he is released from prison, Sanchez will be required to register as a sex offender.

         This matter was investigated by the FBI and the Los Angeles Child Exploitation and Human Trafficking Task Force.

         This case is being prosecuted by Assistant United States Attorneys Damaris Diaz of the Violent and Organized Crime Section, and Julia S. Choe of the Cyber and Intellectual Property Crimes Section.

Knoxville, Tenn. – U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that Hamilton County received $57,554 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.

The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump.  Other jurisdictions can determine if they are eligible for funds and may apply immediately by visiting this website.  The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.

“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic.  This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” said U.S. Attorney Overbey.  

“The outbreak of COVID-19 and the public health emergency it created are sobering    reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs.  “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”

The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19.  Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.

Agencies eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding.  Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems.  More information about OJP and its components can be found at www.ojp.gov.

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PITTSBURGH, PA - A resident of Washington County, Pennsylvania, pleaded guilty in federal court to a charge of violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.

Breanna M. Bane, age 27, of Fredericktown, Pennsylvania, pleaded guilty yesterday o one count of conspiring to possess with intent to distribute and distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl and heroin before Senior United States District Judge Joy Flowers Conti.

In connection with the guilty plea, Ms. Bane admitted that in and around March 2019, and continuing through May of 2019, she conspired with Harvey G. Hicks, Matthew L. Pearson, and with other persons both known and unknown, to possess with intent to distribute and distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl and heroin. The Court was advised that in March, April, and May 2019, agents with the Federal Bureau of Investigation and the Pennsylvania State Police surveilled Ms. Bane and her alleged co-conspirators travel from the Western District of Pennsylvania to areas in and around Harrisburg and Hershey, Pennsylvania, where they met with source(s) of supply of fentanyl and heroin, which they trafficked to the Western District of Pennsylvania for redistribution. The Court was advised that on May 1, 2019, agents followed Ms. Bane and her alleged co-conspirators from Hershey, Pennsylvania, to the Monroeville area, at which time agents recovered approximately 625 "bricks" of heroin and fentanyl (which is more than 31,000 individual dosage units) following a search of vehicles and residences associated with Ms. Bane and her alleged co-conspirators. In connection with the plea, Ms. Bane admitted that these narcotics were intended for further distribution in the Western District of Pennsylvania.

Senior Judge Conti scheduled sentencing for September 9, 2020, at 1:30 p.m. The law provides for a total sentence of not less than 10 years to a maximum of life in prison, a fine not to exceed $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

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

The Federal Bureau of Investigation and the Pennsylvania State Police Drug Law Enforcement Division conducted the investigation that led to the prosecution of Ms. Bane.