NASHVILLE – Christopher Beckham, 35, of Nashville, Tennessee, pleaded guilty Friday in U.S. District Court to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. Beckham was indicted in April 2018 after an investigation into an incident that occurred on October 24, 2017.

“The cowardly and unprovoked attack and display of hate-filled aggression by this defendant toward two innocent young girls and their father is despicable,” said Acting U.S. Attorney Mary Jane Stewart.  “I commend the work of the FBI and our prosecutors in bringing this individual to justice.”

“The defendant confronted two young girls who were walking home from school and violently attacked their father because of how they worship,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “An attack upon the free exercise of any person’s religious beliefs is an attack on that person’s civil rights. The Department of Justice will continue to vigorously prosecute such violent acts motivated by hate.”

“Hate crimes are the highest priority of the FBI’s Civil Rights program due to the devastating impact they have on families and communities,” said Douglas M. Korneski, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. “The FBI is committed to protecting the civil rights of all people, and we will aggressively pursue those who commit criminal offenses based on bias.”

Beckham admitted that on October 24, 2017, he saw two teenage girls wearing hijabs and yelled, “Allahu Akbar!” and “Go back to your country!”  When the girls’ father arrived to pick up his daughters from the school bus stop to take them home, Beckham attacked the girls’ father by swinging a knife and punching at him. This attack injured the father. When the girls’ mother arrived on the scene with her young child in her car, Beckham, with his knife still drawn, chased after them. After the police took Beckham into custody at the scene, he called the family “terrorists,” made other derogatory comments about the family, and pledged to kill them when the police released him.  Beckham further admitted that he carried out this assault because of the actual and perceived religion and national origin of the victims, namely that he perceived them to be Muslim and of a nationality other than American. 

In September 2019, this case was tried by a jury in U.S. District Court. The trial ended in a hung jury. 

Beckham will be sentenced on October 7, 2021.

This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Sara Beth Myers of the Middle District of Tennessee and Trial Attorney Michael Songer of the Civil Rights Division of the Department of Justice.

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PORTLAND, Maine—A Kittery man was sentenced today in federal court for two counts of traveling interstate to violate a protection order, Acting U.S. Attorney Donald E. Clark announced.

U.S. District Judge George Z. Singal sentenced Nelson Dion, 54,to 31 months in prison and three years of supervised release. Dion entered a conditional plea of guilty on August 31, 2020. The plea authorizes him to appeal a legal issue to the U.S. Court of Appeals for the First Circuit in Boston. Dion will remain supervised on home incarceration in the interim. 

According to court documents, in April 2016, Dion, who resided in Maine, was arrested for felony aggravated assault involving his former live-in girlfriend, who was by then living in a domestic violence shelter in Portsmouth, New Hampshire. A few days later, Dion was released on bail and was subject to a protection order that prohibited his contact with his former girlfriend.

Between April and June 2016, Dion traveled from Maine to New Hampshire, and then from New Hampshire to Maine, to have contact with the girlfriend in violation of the protection order. On June 30, 2016, the girlfriend jumped from the Piscataqua River bridge on Interstate 95 and died the next day.

The Kittery, Berwick, and Eliot, Maine Police Departments; the York County District Attorney’s Office; the Portsmouth, New Hampshire Police Department; and the FBI investigated the case. It was prosecuted as part of Project Safe Neighborhoods, 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.

HOUSTON - The leader and manager of an eight-man conspiracy has been ordered to federal prison for his role in a scheme to steal over $726,000 from a South Korean company, announced Acting U.S. Attorney Jennifer B. Lowery.

Frankline Bate Okpu, 35, illegally resided in Houston and pleaded guilty Jan. 25.

Walter Ojong Larche, 22, and Malcolm Manyor Balebna, 25; Leonel E. Eko, 32, Dallas; Bismark Ashu, 38, and Kadji Tanyi, 29, both of Queens Creek, Arizona; and Edwin Pangndawoh Mapo, 32, of St. Louis, Missouri, had all previously pleaded guilty.

Today, U.S. District Judge Lynn N. Hughes ordered him to serve 36 months in prison. He was also ordered to pay $350,938 in restitution.

Okpu had orchestrated a scheme to steal money from Daesang Corporation, a producer of consumer foods based in Seoul, South Korea. 

In the summer of 2017, Daesang sought to import frozen pork and chicken products from the United States for the upcoming Moon festival in South Korea. They contacted Trinity Food – a company who had held itself out to be a legitimate supplier of frozen food products.

Daesang communicated with Trinity via e-mail and whatsapp, ultimately entering into a contract with them. Daesang wired $726,000 into an account at a Bank of America in Houston that belonged to Okpu. Between September and December 2017, Okpu and his co-conspirators transferred the money to other accounts and converted it for their own use. 

Okpu recruited others to set up bank accounts and cash checks at various banks in Houston; Miami, Florida; and Los Angeles, California, for a share in the stolen money.

Daesang never received the product they paid for and sought help from U.S. authorities.

Previously released on bond, Okpu was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Seven others have pleaded guilty for their roles in the scheme. A final man - Pascal Ayuk Ayuketta, 39, a citizen of Cameroon, is a fugitive and a warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact the nearest U.S. Marshal’s office at 1-877-WANTED-2 or through the web.

The FBI and IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Edward Gallagher prosecuted the case.

PLANO, Texas – A Fannin County, Texas, woman has been sentenced to federal prison for tax evasion in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.

Chelsea Jolynn Tucker, 45, pleaded guilty to tax evasion on Nov. 4, 2020, and was sentenced to 14 months and 23 days in federal prison today by U.S. District Judge Sean D. Jordan today.  Tucker was also ordered to pay restitution in the amount of $779,664.00.

“Tax-related offenses often go hand-in-hand with other financial crimes, because the perpetrator needs to conceal their ill-gotten gains from government scrutiny,” said Acting U.S. Attorney Nicholas J. Ganjei.  “Today’s sentence and restitution award will help to make the American taxpayer whole.”

According to public court records, from approximately 1997 to 2016, Tucker was employed by a staffing and contract services company located in Addison, Texas.  In her role with the company, Tucker had various financial responsibilities, including administering payroll, preparing W-2 Forms, making employment tax deposits, paying business expenses, and monitoring the company’s tax obligations using QuickBooks and TaxGuard.

Between approximately 2012 and 2017, Tucker knowingly and willfully misappropriated and embezzled funds from the company by paying herself as both an employee and a vendor, issuing herself unauthorized bonuses and fraudulent expense reimbursements, using a corporate credit card for personal purchases, and using company funds to pay personal credit cards.

Tucker also willfully attempted to evade her income tax obligations by preparing false and fraudulent W-2 Forms, which substantially underreported the income owed to the Internal Revenue Service.  In addition, Tucker failed to pay the company’s employment taxes, which she had a duty to both truthfully account for and pay. As a result of Tucker’s criminal conduct, the amount still owed to the Internal Revenue Service totals approximately $779,664.

This case was investigated by the Internal Revenue Service-Criminal Investigation and prosecuted by Assistant U.S. Attorneys in the Plano office.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Dijon Harris, 54, of Buffalo, NY, who was convicted of possessing with intent to distribute 28 grams or more of crack cocaine, and possessing a firearm in furtherance of drug trafficking activity, was sentenced to serve 175 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on September 5, 2014, law enforcement officers executed a search warrant at the defendant’s residence on Hewitt Avenue in Buffalo. They recovered crack cocaine; heroin; $120,485.00 in United States currency; four firearms; ammunition; and assorted drug paraphernalia including a grinder, two digital scales, razors, scissors, spoons, plastic straws, and packaging materials.  The cash, firearms, ammunition, and a 2011 Lincoln MKX SUV were forfeited to the United States.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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Two men allegedly involved in an attempted carjacking that led to the shooting of the driver made initial appearances today in federal court, announced Acting U.S. Attorney Clint Johnson.

Hunter Isaiah Hobbs, 20, of Bixby, and Denim Lee Blount, 18, of Tulsa, were both charged by criminal complaint with attempted carjacking and carrying, using, brandishing, and discharging a firearm during and in relation to a crime of violence. U.S. Magistrate Judge Jodi F. Jayne set Hobbs’ detention hearing for Friday, May 21, at 11 am. Blount’s initial appearance will continue on Tuesday, May 18, at 2 pm.

“Hobbs and Blount are charged with attempting to carjack the victim, and when he refused to hand over his vehicle, they allegedly opened fire on him. Thankfully the victim survived and is recovering from his injuries,” said Acting U.S. Attorney Clint Johnson. “I appreciate the joint work of Assistant U.S. Attorney Leah Paisner, the FBI, Tulsa Police Department and U.S. Marshals Service which led to the apprehension and charging of these two defendants.”

On May 8, 2020, at 10:29 pm, two men later identified as Hobbs and Blount approached the victim who was attempting to hook up his vehicle and trailer. The victim stated that one of the defendants pointed a shotgun at him and the other pointed a rifle at him. According to court documents, the two ordered the victim to get out of his vehicle, and when the victim refused, both men shot him. The two then fled west in a dark colored SUV, leaving the victim and his vehicle behind. An investigator with the Tulsa Police Department estimated that the victim had been shot approximately 10 times.

The victim was transported to St. Francis Hospital for non-life threatening injuries. Surveillance cameras from a nearby apartment complex captured the alleged incident.

The FBI,  Tulsa Police Department, and U.S. Marshals Service are the investigative agencies.  Assistant U.S. Attorneys Christopher Nassar and Leah Paisner are prosecuting the case.

This case is being prosecuted as part of the 2150 Initiative. The initiative focuses law enforcement efforts on criminals who use guns during crimes, individuals who lie on firearms transaction forms, and straw purchasers who acquire firearms for prohibited persons. It was named in memory of Tulsa Police Sergeant Craig Johnson. Sgt. Johnson’s badge number, 2150, was selected for the initiative as a way to honor his life and his commitment to the Tulsa community. This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.

HUNTINGTON, W.Va. – Tyson Davis, Sr., 42, of Huntington pleaded guilty today to possession of a firearm in furtherance of a drug trafficking crime.

According to court documents, on April 17, 2019, law enforcement officers executed a search warrant at a 9^th Avenue residence in Huntington and found Davis seated on the couch.  Officers recovered a loaded Glock 23 .40 caliber pistol from under a cushion on the couch. Officers also located distribution amounts of a heroin and fentanyl mixture and methamphetamine. Later in a Mirandized interview, Davis admitted to possessing the firearm.

Davis faces a minimum mandatory five years in prison when sentenced on August 16, 2021.

Acting United States Attorney Lisa G. Johnston made the announcement. Assistant United States Attorneys Ryan A. Keefe and R. Gregory McVey are handling the prosecution.

The Huntington Violent Crime Drug Task Force and the Huntington Police Department conducted the investigation.  

United States District Judge Robert C. Chambers presided over the hearing. 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-0140.

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HUNTINGTON, W.Va. - Aubrey Gardner, 28, of Huntington pleaded guilty today to being a felon in possession of a firearm.

According to court documents, on February 8, 2021, Gardner was a passenger in a vehicle that officers with the Huntington Police Department pulled over in the 2800 block of 8^th Avenue.  The officers found a firearm in the waistband of Gardner’s pants.  Gardner was prohibited from possessing a firearm under federal law because of a 2018 federal conviction in the Southern District of West Virginia for possession with intent to distribute a quantity of heroin.

Gardner faces up to 10 years in prison when he is sentenced on August 16, 2021.

Acting United States Attorney Lisa G. Johnston made the announcement.  Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.

The Huntington Police Department conducted the investigation.  United States District Judge Robert C. Chambers presided over the plea hearing. 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00049.

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HUNTINGTON, W.Va. – A Detroit, Michigan man pleaded guilty today to a federal drug crime. 

According to court documents, Brandon William Jones, 42, admitted that on October 29, 2020, a confidential informant working with law enforcement conducted a controlled purchase of approximately 10.8 grams of suspected heroin for $1000 from Jones in the parking lot of 3090 16th Street Road in Huntington. After meeting the confidential informant, officers followed Jones to the area of 1584 Hal Greer Boulevard and arrested him. Officers found additional suspected heroin on Jones and the $1000 used in the controlled purchase. Jones also admitted that he was responsible for selling at least 20 kilograms of heroin in the Huntington area.

Jones pleaded guilty to distribution of heroin and faces up to 20 years in prison when sentenced on August 16, 2021.

Acting United States Attorney Lisa G. Johnston made the announcement.  Assistant United States Attorney Greg McVey is handling the prosecution.

The Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation.   United States District Judge Robert C. Chambers presided over the hearing. 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00029.

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            WASHINGTON – James Kyle Bell, 44, of Las Vegas, Nevada, entered a guilty plea today to one count of wire fraud in federal court in the District of Columbia.

            As he admitted in entering his guilty plea, Bell created two political action committees (PACs) which operated during the 2020 election cycle: the Keep America Great Committee (“KAGC”) , which purportedly supported the re-election of Donald Trump, and the Best Days Lie Ahead Committee (“BDLAC”), which purportedly supported the candidacy of Joe Biden.  Both PACs registered with the Federal Election Commission (“FEC”) as Section 527 independent expenditure-only committees.  Such committees are often referred to as “527 Groups” or “Super PACs.” 

            Between January 2020 and October 2020, Bell’s PACs sent solicitations nationwide to more than 40,000 recipients.  The solicitations promised that individual donations would be “5x matched” by Bell’s PACs.  The solicitations also replicated the look and feel of marketing materials used by the presidential campaigns including official logos and slogans.  Bell also set up websites to solicit donations with names like “keepamericagreatcommittee.com,” “trump2020maga.com,” and “bestdayslieaheadcommittee.com.”   KAGC and BDLAC received no less than $346,000 in contributions from individuals and other groups during the months before the 2020 election.  However, none of the individual donations was ever “5x matched” by Bell or anyone else.  And Bell made a series of false filings with the FEC in which Bell claimed that his PACs had made expenditures in support of both presidential campaigns.

            Court documents also reflect that during the same time period, Bell applied for more than $1.6 million in loans from the Small Business Administration’s Paycheck Protection Program (“PPP”) on behalf of five shell companies that Bell owned and controlled.  For example, one of Bell’s companies named “Echo Three LLC,” a company registered in Nevada with no employees and no payroll, received a PPP loan of $485,000 based on Bell’s false statements to the government that the company had 83 employees working at Bell’s private residence.  In another instance, Bell obtained a PPP loan in the amount of $492,000 for a company he owned and controlled named “Myson Rules LLC” which had no employees, no payroll, no business operations, and no active business license in the State of Nevada.  Bell submitted fabricated tax documents and other company records in support of all five PPP loan applications.

            Bell diverted almost all of the funds from PAC donors and the taxpayer-supported PPP loans to bank accounts where they could be used for Bell’s personal benefit, commingling the proceeds of the fraud and further violating federal campaign finance laws with exacting record keeping for PACs.  According to court papers, the government has located and seized $519,000 of Bell’s criminal proceeds.  Bell’s plea agreement requires that Bell make full restitution to his victims and agree to the entry of a money judgement of $862,000 against him.

     “The First Amendment protects everyone’s right to express and promote their viewpoints by giving to political committees,” said Acting U.S. Attorney Channing D. Phillips.  “My Office and the Justice Department are committed to protecting this important right—citizens are entitled to have confidence that their political contributions will be spent to support the candidates and causes for which they are intended.”  Phillips continued, “We are equally committed to protecting from fraud the Paycheck Protection Program and other government programs aimed at easing the crippling economic effects of the pandemic.  Today’s guilty plea sends a clear message that my Office and the Justice Department will not tolerate fraudsters who line their pockets by exploiting the political goodwill of our citizens or the benefits afforded under government programs.”

            Bell pleaded guilty before United States District Judge John D. Bates to one count of wire fraud.  The maximum sentence for that offense is twenty years of incarceration and a fine of not more than $250,000 or twice the pecuniary gain or loss from the offense.  Sentencing in the case is scheduled for October 8.

            This matter is being investigated by the Washington Field Office of the Federal Bureau of Investigation and the U.S. Small Business Administration, Office of the Inspector General.  Assistant United States Attorneys John W. Borchert of the Fraud Section and Elizabeth Aloi of the Public Corruption and Civil Rights Section are prosecuting the case.

Robinson is charged with Conspiracy to Distribute Methamphetamine, Possession with Intent to Distribute a Controlled Substance, Felon in Possession of Ammunition, Possession of a Firearm in Furtherance of Drug Trafficking, and Felon in Possession of a Firearm. If convicted, he faces a mandatory minimum of 15 years in prison and a maximum of life imprisonment.

Nelson is charged with Conspiracy to Distribute Methamphetamine and Possession with Intent to Distribute a Controlled Substance. If convicted, he faces a mandatory minimum of 10 years in prison and a maximum of life imprisonment.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. Following a finding of guilt, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors for each individual defendant.

The Davenport Police Department, Scott County Sheriff’s Office, Quad City Metropolitan Enforcement Group, and the Drug Enforcement Administration are investigating this matter. The United States Attorney’s Office for the Southern District of Iowa is prosecuting the case.

Miami, Florida. – Last night, federal law enforcement officers arrested a foreign elected official charged in the United States with drug trafficking, following the official’s international flight from the Dominican Republic to Miami.  

Fifty-eight-year-old Miguel Andres Gutierrez Diaz, of Santiago, is an elected member of the Chamber of Deputies of the Dominican Republic. According to the indictment returned by a Miami federal grand jury on March 11, 2021, from about 2014 to 2017, Congressman Gutierrez Diaz was part of a transnational drug ring that operated in the Dominican Republic, Colombia, and the United States. The federal indictment charges Gutierrez Diaz and others with three counts: conspiring to distribute cocaine, knowing that it would be imported into the United States; conspiring to import cocaine into the United States; and conspiring to possess with the intent to distribute cocaine. If convicted, Gutierrez Diaz faces up to life imprisonment.   

Gutierrez Diaz will make his initial federal court appearance today at 2:00 p.m. before United States Magistrate Judge Alicia Otazo-Reyes, who sits in Miami.  

Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, and La Verne J. Hibbert, Acting Special Agent in Charge, United States Drug Enforcement Administration (DEA), Miami Field Division, announced the charges and arrest.

DEA Miami investigated the case, with assistance from the Criminal Division’s Office of International Affairs, DEA Santo Domingo Country Office, Internal Revenue Service, Criminal Investigations (IRS-CI), Miami Field Office, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, and U.S. Customs and Border Protection, Miami Office of Field Operations.  Assistant U.S. Attorneys Richard Getchell and Ellen D’Angelo of the International Narcotics and Money Laundering Section in the Southern District of Florida are prosecuting the case.

The U.S. Attorney’s Office and its federal partners commend the Office of the Presidency of the Dominican Republic and the Dirección Nacional de Control de Drogas (DNCD) for their cooperation in this investigation.

This prosecution is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime.  The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.

An indictment merely contains allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://pacer.flsd.uscourts.gov.

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Miami, FL – Last night, federal law enforcement officers arrested a foreign elected official charged in the United States with drug trafficking, following the official’s international flight from the Dominican Republic to Miami.  

Fifty-eight-year-old Miguel Andres Gutierrez Diaz, of Santiago, is an elected member of the Chamber of Deputies of the Dominican Republic. According to the indictment returned by a Miami federal grand jury on March 11, 2021, from about 2014 to 2017, Congressman Gutierrez Diaz was part of a transnational drug ring that operated in the Dominican Republic, Colombia, and the United States. The federal indictment charges Gutierrez Diaz and others with three counts: conspiring to distribute cocaine, knowing that it would be imported into the United States; conspiring to import cocaine into the United States; and conspiring to possess with the intent to distribute cocaine. If convicted, Gutierrez Diaz faces up to life imprisonment.   

Gutierrez Diaz will make his initial federal court appearance today at 2:00 p.m. before United States Magistrate Judge Alicia Otazo-Reyes, who sits in Miami.  

Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, and La Verne J. Hibbert, Acting Special Agent in Charge, United States Drug Enforcement Administration (DEA), Miami Field Division, announced the charges and arrest.

DEA Miami investigated the case, with assistance from the Criminal Division’s Office of International Affairs, DEA Santo Domingo Country Office, Internal Revenue Service, Criminal Investigations (IRS-CI), Miami Field Office, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, and U.S. Customs and Border Protection, Miami Office of Field Operations.  Assistant U.S. Attorneys Richard Getchell and Ellen D’Angelo of the International Narcotics and Money Laundering Section in the Southern District of Florida are prosecuting the case.

The U.S. Attorney’s Office and its federal partners commend the Office of the Presidency of the Dominican Republic and the Dirección Nacional de Control de Drogas (DNCD) for their cooperation in this investigation.

This prosecution is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime.  The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.

An indictment merely contains allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://pacer.flsd.uscourts.gov.

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MINNEAPOLIS – A Fond Du Lac man was sentenced today to 110 months in prison followed by three years of supervised release for illegally possessing and discharging a firearm in a school zone.

According to court documents, on October 18, 2019, Shelby Gene Boswell, 29, ran into a funeral service with a rifle and shot a person in the back of the head. The shooting victim was transported to the hospital and survived their injuries. The shooting took place on the grounds of Fond du Lac Head Start which is within a distance of 1,000 feet of the grounds of Fond du Lac Ojibwe High School. Because he has prior felony convictions in Beltrami County, Carlton County, and in U.S. District Court for the District of Minnesota, BOSWELL is prohibited under federal law from possessing firearms or ammunition at any time.

Acting U.S. Attorney W. Anders Folk for the District of Minnesota made the announcement after Chief U.S. District Judge John R. Tunheim sentenced the defendant.

This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minnesota Bureau of Criminal Apprehension, the Carlton County Sheriff’s Office, and the Fond du Lac Police Department.

Assistant U.S. Attorneys Andrew R. Winter and Bradley M. Endicott prosecuted the case.

Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a three-count indictment on Thursday, May 13, charging Delbert Garfield Stewart, 70, of Kent, Ohio, with flying an airplane without a valid airman’s certificate.

According to court documents, on June 20, 2019, July 5, 2020 and March 8, 2021, the Defendant knowingly and willfully piloted a Bellanca Model 17-30A single-engine aircraft without a valid airman’s certificate.  Court records state that the Defendant obtained an airman certificate in 1978 and purchased the single-engine aircraft in 2010.

In February of 2014,  court records state that the Federal Aviation Administration (FAA) suspended the Defendant’s airman certificate, citing numerous FAA regulation violations.  In response to the suspension, the Defendant claimed that the FAA did not have authority over him as a private induvial not engaged in commerce, according to court records.  It is alleged that the Defendant continued to operate the aircraft, despite the 2014 suspension.  Stewart’s airman certificate was later revoked.

On June 20, 2019, it is alleged that the Defendant piloted the aircraft from Portage County Regional Airport (KPOV) in Ravenna, Ohio, and landed at the Warsaw Indiana Airport (KASW) in Warsaw, Indiana.  While in Indiana, the Defendant allegedly flew the aircraft on multiple flights, with passengers on board.

On July 5, 2020, it is alleged that an FAA official and an Ohio State Trooper attempted to investigate the Defendant and the aircraft when the aircraft landed at Portage County Regional Airport (KPOV), Ravenna, Ohio.  The indictment states that the Defendant was the pilot of the aircraft, and an adult passenger was also on board.  The FAA official advised the Defendant that his airmen certificate was revoked, and the airworthiness certificate for the aircraft was also suspended.

On March 8, 2021, it is alleged that the Defendant flew from Paulding Northwest Atlanta Airport (KPUJ) in Georgia to KPOV in Ravenna, Ohio.  During this flight, it is alleged that the Defendant failed to activate the transponder for the aircraft until he was in close proximity to the KPOV airport.  As a result, the Defendant’s aircraft was unable to be tracked by the FAA until the transponder was turned on shortly before landing.

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

If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, 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.

This investigation was conducted by the U.S. Department of Transportation-Office of Inspector General, Federal Aviation Administration, Department of Homeland Security, and Ohio State Highway Patrol.  This case is being prosecuted by Assistant United States Attorneys Damoun Delaviz and Brad Beeson.

Kong Vang pleaded guilty to the conspiracy and to possessing a firearm in furtherance of a drug trafficking crime, and was sentenced to 12 years in federal prison by Judge Conley on April 29, 2021.

The charge against Yang was the result of an investigation conducted by the La Crosse Police Department, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives.  The prosecution of the case has been handled by Assistant U.S. Attorney Steven Anderson. 

GAINESVILLE, FLORIDA– Jeremy Astrologo, 42, of Gainesville, Florida, was sentenced yesterday to ten years in federal prison following his conviction for possessing child pornography. Jason R. Coody, Acting United States Attorney for the Northern District of Florida, announced the sentence.

Astrologo, a multi-convicted sexual predator, entered a guilty plea last November. The evidence showed that in November 2019, Astrologo was under investigation for failing to comply with sex offender registration requirements. Investigators located Astrologo at an area motel, where he was found in possession of a cell phone which contained over 80 images of child pornography. 

“Crimes against children are among the most heinous types of offenses and deserving of the most significant sentences,” said Acting U.S. Attorney Coody. “Those who seek to view and maintain child pornography facilitate the abuse of children by those who produce and profit from this illegal content, which is robbing so many of our children of their innocence and their very childhood.”

Astologo’s prison sentence will be followed by lifetime of supervised release. He will also be required to register as a sex offender and will be subject to all sex offender conditions.

“Obviously he did not learn the first time, as this child predator is a repeat offender and will be returning to prison thanks to the law enforcement partnership between HSI and the Alachua County Sheriff’s Office,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips.

The case was investigated by the Alachua County Sheriff’s Office and Homeland Security Investigations. Assistant United States Attorney Frank Williams prosecuted the case.

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

SAVANNAH, GA:  A Georgia woman has admitted taking part in a nationwide telemedicine kickback scheme that led to fraudulent Medicare reimbursements for durable medical equipment and genetic testing.

Robin Darnell, known to some of her co-conspirators as “Nurse Robin,” 57, of Dallas, Ga., pled guilty in U.S. District Court to an Information charging her with one count of Conspiracy, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. The plea agreement subjects Darnell to a possible statutory sentence of up to five years in prison and substantial financial penalties and restitution, followed by up to three years of supervised release.

There is no parole in the federal system.

“Telemedicine has played an increasingly important role in providing accessible healthcare, particularly during the pandemic,” said Acting U.S. Attorney Estes. “With our law enforcement partners, we will continue to work diligently to identify and shut down those who would attempt to use technology and deceit to defraud taxpayer funded safety net programs.”

As described in court documents and testimony, Darnell admitted that from June 2018 through September 2020, she and other conspirators took part in a nationwide telemedicine kickback scheme in which she recruited physicians and other medical professionals to sign orders for durable medical equipment and genetic testing. Darnell claimed to have a team of nurses who would contact patients to conduct exams via telemedicine on behalf of the physicians, in exchange for the health care professionals ordering medical equipment and expensive genetic testing for those patients. In fact, Darnell had no such team of nurses, despite claiming otherwise to the physicians she recruited. Darnell processed thousands of orders, which Darnell knew contained medical histories, conditions, diagnoses, or examinations that Darnell knew were false. 

Darnell’s conspirators then used these orders to bill Medicare for thousands of dollars each. Medicare beneficiaries were located in the Southern District of Georgia and elsewhere.

“Telemedicine has become a valuable tool for delivering health services in this time of pandemic. However, bad actors are abusing these tools to commit health care fraud,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “When marketing and so-called telehealth services are misused, alleged violators can expect aggressive investigation and swift prosecution.”

“Darnell took advantage of a system that was set up to help healthcare patients get much-needed government assistance during a pandemic,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Her actions not only affect those patients, but every citizen whose tax dollars support programs like Medicare. The FBI is determined to hold her accountable and anyone who would commit such fraud.”

The Southern District of Georgia has now charged 33 defendants as part of the nationwide crackdown on fraudulent genetic testing, and prescribing of orthotic braces and pain creams, identifying more than $1.5 billion in losses to Medicare and Medicaid for defendants charged in the Southern District alone.

This investigation is ongoing. As telemedicine becomes an increasing part of our healthcare system, particularly during the COVID-19 pandemic, vigilance in ensuring that fraud and kickbacks do not usurp the legitimate practice of medicine by electronic means is more important than ever. If you are aware of any fraud or kickbacks relating to telemedicine, including COVID-19 fraud, please call the FBI hotline at 1-800-CALL-FBI.

The case was investigated by the FBI and the Health and Human Services Office of the Inspector General, and prosecuted for the United States by Assistant U.S. Attorney Jonathan A. Porter.

BOSTON – A Florida man pleaded guilty last week in federal court in Springfield to tax offenses. 

Cory Kizer, 39, pleaded guilty to one count of conspiracy to commit wire fraud and eight counts of theft of public money. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Oct. 6, 2021. 

Kizer admitted to obtaining personal identifying information for the purpose of filing false federal tax returns and obtaining unwarranted tax refunds. The tax returns contained false addresses, wages and salaries, employers, dependents, business and loss information. The false returns generated a total of over $550,000 of unwarranted tax refunds.

The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of theft of public money provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorneys Alex J. Grant and Catherine Curley of Mendell’s Springfield Branch Office are prosecuting the case. 

TRENTON, N.J. – The employee of a Jersey City, New Jersey, doctor today admitted her role in a multimillion-dollar conspiracy to solicit and receive kickbacks and bribes from individuals associated with a Union City, New Jersey pharmacy, Acting U.S. Attorney Rachael A. Honig announced.

Yudelka “Vicky” Ayala, 42, of Jersey City, New Jersey, pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to an information charging her with conspiring to violate the federal anti-kickback statute.

The information alleges that Ayala conspired with six individuals associated with Prime Aid Pharmacy, three of whom were previously charged by superseding indictment: Samuel “Sam” Khaimov and Yana Shtindler, both of Glen Head, New York; and Ruben Sevumyants, of Marlboro, New Jersey. Ayala’s other alleged conspirators included Igor Fleyshmakher, of Holmdel, New Jersey, and Alex Fleyshmakher, of Morganville, New Jersey, who each previously pleaded guilty for their roles in the conspiracy; and Eduard “Eddy” Shtindler, of Paramus, New Jersey, who previously pleaded guilty in a related kickback conspiracy. Their respective sentencings are pending. 

According to documents filed in this case and statements made in court:

Ayala worked at a doctor’s office in Jersey City and developed a long-standing and illegal kickback relationship with several individuals associated with the Prime Aid Pharmacies – now closed – which operated as “specialty pharmacies” in Union City, New Jersey, and Bronx, New York. As “specialty pharmacies,” they processed expensive medications used to treat various conditions, including Hepatitis C, Crohn’s disease, and rheumatoid arthritis. Khaimov was a co-owner of Prime Aid Union City and the lead pharmacist of Prime Aid Bronx. Khaimov’s wife, Yana Shtindler, was Prime Aid Union City’s Administrator, and Sevumyants was Prime Aid Union City’s operations manager. Eddy Shtindler, Yana Shtindler’s brother, was a Prime Aid Union City employee. Alex Fleyshmakher worked at Prime Aid Union City and was an on-paper owner of Prime Aid Bronx. His father, Igor Fleyshmakher, was the other co-owner of Prime Aid Union City.

In order to obtain a higher volume of prescriptions from the doctor’s office where Ayala worked, Khaimov, Yana Shtindler, Igor Fleyshmakher, Alex Fleyshmakher, Sevumyants, Eddy Shtindler, and other Prime Aid employees paid Ayala kickbacks and bribes to induce her to steer prescriptions to Prime Aid Union City. From 2008 to August 2017, these bribes included expensive meals, designer bags, and payments by cash, check, and wire transfers. In total, Ayala accepted bribes and kickbacks totaling at least $219,060. The prescriptions that were steered to Prime Aid Union City as part of the scheme resulted in Medicare and Medicaid payments to the pharmacy of approximately $24.8 million.

The conspiracy to which Ayala pleaded guilty carries a maximum penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 20, 2021.

Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; special agents of the Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; and the N.J. Office of the State Comptroller, under the direction of Acting Comptroller Kevin Walsh, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Joshua L. Haber of the Health Care Fraud Unit of the U.S. Attorney’s Office in Newark.

The charges and allegations contained in the information pertaining to Khaimov, Yana Shtindler, and Sevumyants are merely accusations, and those three defendants are presumed innocent unless and until proven guilty.