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Des Moines Man Sentenced to 18 Years in Prison for Child Pornography Offense

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DES MOINES, IA – A Des Moines man was sentenced today to 18 years in prison for producing child pornography.

According to court documents, Michael Aaron Estrada, age 35, used Snapchat in 2019 and 2020 to communicate with a minor who lived in Massachusetts. Estrada knew the minor with whom he was communicating was 15 years old. On multiple dates between August 2019 and June 2020, Estrada knowingly solicited from that minor pictures and videos of the minor engaged in sexually explicit conduct. The minor created “selfie” photos and videos of herself as requested and sent them to Estrada via Snapchat. Separate from the conduct involving the 15-year old, Estrada also downloaded other pictures and videos of child pornography from the internet in 2019 and 2020 and distributed videos of child pornography via the internet in March 2020.

Acting U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement.

The FBI Child Exploitation Task Force and the Iowa Internet Crimes Against Children Task Force investigated the case. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the United States Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nationwide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children.

Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.


Hartford Man Sentenced to 4 Years in Prison for Selling Oxycodone out of His New Britain Grocery Store

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Leonard C. Boyle, Acting United States Attorney for the District of Connecticut, announced that RAUL CABRERA-VASQUEZ, also known as “Edgar,” 50, of Hartford, was sentenced today by U.S. District Judge Janet C. Hall to 48 months of imprisonment, followed by three years of supervised release, for distributing oxycodone from his New Britain grocery store.

Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the sentencing occurred via videoconference.

According to court documents and statements made in court, in the summer of 2019, the Drug Enforcement Administration New Haven Tactical Diversion Squad and the New Britain Police Department.began investigating individuals who were selling oxycodone pills from Elzier Grocery, located at 1485 Corbin Avenue in New Britain.  Cabrera-Vasquez owned and helped operate Elzier Grocery.  Between July and December 2019, investigators made multiple controlled purchases of oxycodone pills from Cabrera-Perez and others at the store.

On February 26, 2020, court authorized searches of the Elzier Grocery and a nearby residence revealed more than 1000 oxycodone pills, drug packaging materials, drug ledgers, and approximately $10,000 in cash.

Cabrera-Vasquez was arrested on March 1, 2020.  On February 18, 2021, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, oxycodone.

Cabrera-Vasquez, who is released on a $50,000 bond, is required to report to prison on July 7.

This investigation has been conducted by the Drug Enforcement Administration New Haven Tactical Diversion Squad and the New Britain Police Department.  The case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.

Illinois Man Sentenced for Making Anti-Semitic Threats to Arizona Victim

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PHOENIX, Ariz. – On Tuesday, Kevin Thomas Kerr, 51, of Waukegan, Illinois, was sentenced by U.S. District Judge Douglas L. Rayes to five years of probation. Kerr has also been incarcerated for more than six months and is required to serve an additional six months of home confinement subject to electronic monitoring. Kerr previously pleaded guilty to Making Threats in Interstate Commerce.

On March 6, 2020, as part of an ongoing series of harassing communications, which included anti-Semitic slurs, Kerr called the victim in Arizona and left a voicemail threatening to injure and kill him. Federal investigators arrested Kerr in Illinois, and he was transported to Arizona to face charges.

The Federal Bureau of Investigation conducted the investigation in this case. William G. Voit, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR 20-00513-DLR
RELEASE NUMBER:    2021-037_Kerr

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

Former Supplement Company Owner Pleads Guilty to Unlawful Distribution of Steroid-like Drugs

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ABINGDON, Va. – A New Jersey chiropractor pleaded guilty today to a felony charge relating to the distribution of steroid-like drugs in purported dietary supplements.

According to court documents, Nicholas Andrew Puccio, 41, currently of Columbus, New Jersey, pleaded guilty to introducing an unapproved new drug into interstate commerce with the intent to defraud and mislead the U.S. Food and Drug Administration (FDA) and consumers. The United States alleged that from 2016 to 2020, Puccio marketed drugs as “dietary supplements” to the bodybuilding and fitness community. The supplements included a product labeled as containing ostarine, a type of synthetic steroid known as a Selective Androgen Receptor Modulator (SARM). The FDA has long warned against the use of SARMs, including stating in a 2017 warning letter to another firm that SARMs had been linked to life-threatening reactions such as liver toxicity, and have the potential to increase the risk of heart attack and stroke.

“Undermining the FDA drug approval process puts consumers at risk, especially when those drugs contain ingredients that can cause harm,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will continue to work closely with the FDA to prosecute those who put profit before the public health.”

“When Mr. Puccio marketed unapproved drugs as dietary supplements, he sidestepped important safeguards to protect the public, and must be held accountable,” said Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia. “Our office will continue to closely partner with FDA to ensure safety and effectiveness in our drug supply and prosecute those who flout these rules.”

“Marketing misbranded dietary supplements that contain unapproved drugs is illegal and is a threat to public health,” said Assistant Commissioner for Criminal Investigations Catherine A. Hermsen of the FDA's Office of Criminal Investigations. “We remain committed to bringing to justice companies and individuals who attempt to subvert the regulatory functions of the FDA by distributing unapproved, and potentially dangerous, drugs.” 

Puccio pleaded guilty before Judge James P. Jones in U.S. District Court for the Western District of Virginia. He is scheduled to be sentenced on Sept. 23, and faces a maximum penalty of three years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FDA’s Office of Criminal Investigations is investigating the case.

Assistant U.S. Attorney Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia and Trial Attorney Speare Hodges of the Civil Division’s Consumer Protection Branch are prosecuting the case.

Honduran Man Sentenced to 21 Months in Prison for Unlawful Reentry by an Alien Removed After Conviction of a Felony

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Gulfport, Miss. – A Honduran national was sentenced yesterday to 21 months in federal prison for   unlawful reentry by an alien deported or removed after conviction of a felony, announced Acting U.S. Attorney Darren J. LaMarca and Jason E. Schneider, Acting Chief Patrol Agent of the Border Patrol’s New Orleans Sector.

Williams Perez-Aguirre, 30, was sentenced by U.S. District Judge Taylor B. McNeel in Gulfport.  Perez-Aguirre also was ordered to serve three years of supervised release following completion of his prison sentence.  He may also face Department of Homeland Security removal proceedings.  Perez-Aguirre was convicted after pleading guilty on March 8, 2021.

According to court documents, on January 4, 2021, the U.S. Border Patrol stopped a vehicle driven by Perez-Aguirre, who did not have a driver’s license.  Record checks revealed he was an illegal alien with a removal history and he was placed under arrest.  Both Perez-Aguirre and one of his passengers, Encaracion Aguirre-Lopez were taken to the Gulfport Border Patrol Station for processing. 

Records showed that in 2016, Perez-Aguirre was removed by Immigration and Customs Enforcement from Texas to Honduras.  He was later arrested in May 2017 in Arlington, Texas for deadly conduct discharging a firearm at an individual.  He was convicted of a Texas state felony and sentenced to two years in prison.  He was physically removed again to Honduras on May 17, 2018. 

Passenger Encaracion Aguirre-Lopez also pleaded guilty and was convicted of unlawful return of an alien after removal. On May 14, 2021, Aguirre-Lopez was sentenced to “time served” (4 months and 11 days) followed by 1 year of supervised release.  Aguirre-Lopez also is subject to removal from the United States

Acting U.S. Attorney for the Southern District of Mississippi, Darren J. LaMarca, praised the investigative work of the U.S. Border Patrol and the U.S. Department of Homeland Security.  Assistant United States Attorney Stan Harris prosecuted the case.       

Thirty-Six Defendants Sentenced For Their Roles In International Thai Sex Trafficking Organization

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ST. PAUL, Minn. – Thirty-six defendants have been sentenced in federal court for their roles in operating a massive international sex trafficking organization that was responsible for coercing hundreds of Thai women to engage in commercial sex acts across the United States.

Matthew Mintz, 29, of Chicago, Illinois, pleaded guilty on April 23, 2018, to one count of conspiracy to commit harboring and one count of conspiracy to engage in money laundering. Mintz was sentenced yesterday by Senior Judge Donovan Frank to one year and one day in prison, three years of supervised release, $100,000 in restitution, and 100 hours of community service. Sumalee Intarathong, 60, is the final defendant that was charged as part of the sex trafficking conspiracy. On February 17, 2021, Intarathong was extradited to the United States from Belgium on a 10-count superseding indictment alleging conspiracy, human trafficking violations, and visa fraud.

According to court documents and evidence presented at trial, this criminal organization compelled hundreds of women from Bangkok, Thailand, to engage in commercial sex acts in various cities across the United States, including Minneapolis, Los Angeles, Chicago, Atlanta, Phoenix, Washington, D.C., Las Vegas, Houston, Dallas, Seattle and Austin. The trafficking victims were often from impoverished backgrounds and spoke little or no English. They were coerced to participate in the criminal scheme through misleading promises of a better life in the United States and the ability to provide money to their families in Thailand.

Once in the United States, the victims were sent to houses of prostitution where they were forced to have sex with strangers – every day – for up to 12 hours a day, at times having sex with 10 men a day. The victims were isolated from the outside world. They were not allowed to leave the houses of prostitution unless accompanied by a member of the criminal organization. The victims moved around the United States between houses of prostitution in multiple cities. They and their families in Thailand were threatened.

The organization also engaged in widespread visa fraud to facilitate the international transportation of the victims. Traffickers assisted the victims in obtaining fraudulent visas and travel documents by funding false bank accounts, creating fictitious backgrounds and occupations, and instructing the victims to enter into fraudulent marriages to increase the likelihood that their visa applications would be approved. Traffickers also coached the victims as to what to say during their visa interviews. While working to obtain visa documents, traffickers gathered personal information from the victims, including the location of the victims’ families in Thailand. This information was later used to threaten victims who sought to flee the organization in the United States.

The organization dealt primarily in cash and engaged in rampant and sophisticated money laundering in order to promote and conceal illegal profits. The organization used “funnel accounts” to launder and route cash from cities across the United States to the money launderers in Los Angeles. To date, investigators have been able to recover $1.5 million in cash and $15 million in money judgments secured through plea agreements. During the extensive investigation, law enforcement traced tens of millions of dollars to the organization. Indeed, at trial, there was testimony that more than $40 million was sent to Thailand by one money launderer alone.

“A total of 36 individuals who participated in this horrific commercial sex trafficking operation have now been held to account for their exploitative treatment of fellow human beings,” said Acting U.S. Attorney W. Anders Folk. “Sex trafficking is a reprehensible crime and combatting it remains a priority for this office and for our law enforcement partners. Today’s penultimate sentencing not only signals the end of a years-long investigation and prosecution, but it demonstrates the dogged pursuit that we have brought to this case since day one.”

“HSI, through collaborative efforts with numerous law enforcement partners, unraveled this international ring of criminals that brutally exploited women for their own personal gain,” said acting Special Agent in Charge Jamie Holt, of HSI St. Paul. “Human trafficking is a deplorable crime, and this sentencing, the last of 36 defendants that have resulted in nearly $23 million in restitution ordered by the court, demonstrates a measure of justice for the victims and that HSI will continue to ensure those responsible will be brought to justice.”

“Money laundering is tax evasion in progress. The proceeds are fuel for criminals to conduct their illegal affairs and are used to manipulate and erode our financial systems,” said Special Agent In Charge Kathy Enstrom, IRS Criminal Investigation, Chicago Field Office. “We are committed to deciphering the complex international financial transactions and money laundering schemes that are the engine for human trafficking. We will find you and we will bring you to justice, just as we did with Matthew Mintz,” said Enstrom.

This case was the result of an investigation conducted by Homeland Security Investigations (HSI), the Criminal Investigation Division of the IRS (IRS-CI), the Department of Justice’s Criminal Division’s Money Laundering and Asset Recovery Section, the Department of Justice’s Civil Rights Division’s Human Trafficking Prosecution Unit, the St. Paul Police Department, the Bureau of Criminal Apprehension’s Minnesota Human Trafficking Investigators Task Force, the Anoka County Sheriff’s Office, the Cook County (Illinois) Sheriff’s Office, the State Department Diplomatic Security Service, and the International Organized Crime Intelligence and Operations Center (IOC-2). Acting U.S. Attorney Folk also thanks the Thai Community Development Center for their support and advocacy on behalf of the victims of this sex trafficking organization.

This case was prosecuted by Assistant U.S. Attorneys Melinda A. Williams and Laura Provinzino, with assistance from HSI Special Agent Tonya Price, IRS-CI Special Agent John Tschida, Senior Investigator Steven Baker of the Justice Department’s Criminal Division’s Money Laundering and Asset Recovery Section, and the Justice Department’s Civil Rights Division’s Human Trafficking Prosecution Unit.

Nine Arrested, Charged with Federal Gun Crimes in Springfield

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SPRINGFIELD, Ill. – Within the past six weeks, nine men have been arrested and charged in federal court with illegal possession of guns in Springfield, Ill., as part of an ongoing cooperative effort to reduce violent crime. As the Department of Justice renews its commitment to the tenets of Project Safe Neighborhoods, as announced last month by Attorney General Merrick Garland, a fundamental principle of this effort to reduce violent crime and build strong, safe communities is comprehensive enforcement that targets public safety priorities in communities.  

“Based on research and experience over the past two decades, Project Safe Neighborhoods is an effective initiative to bring together law enforcement at all levels as well as community leaders and partners to address violent crime,” said Acting U.S. Attorney Doug Quivey. “There is no one-size-fits-all solution to gun violence; each community has its unique challenges. But we know that when we pool our resources and pull together, we can make a difference. We are committed to working together to take illegal guns out of the hands of those who are prohibited from having them.”

Sangamon County State’s Attorney Dan Wright said, “The fight against gun violence continues to be a top priority for collaboration with our local, state and federal law enforcement partners. We are each more effective working together with leaders across our community to reduce violent crime and address the root causes of criminal conduct.”

Investigative agencies participating in this effort include the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Springfield Police Department; Illinois State Police; and, the Sangamon County Sheriff’s Office.

“I commend the efforts of the law enforcement personnel and prosecutors involved in these important investigations and prosecutions,” remarked ATF Special Agent in Charge Kristen de Tineo of the Chicago Field Division. “Partnerships like these, along with focused resources on crime gun intelligence will keep communities safer by ensuring firearms are not in the hands of those prohibited from possessing them.”

The indictments allege the following for each defendant charged:

  • Eric Allison, 26, of the 2200 block of E. Laurel St., Springfield, Ill., charged with 1) possession of a firearm and 2) possession of ammunition, by a prohibited person, a felon, on Jan. 5, 2021;
  • Jeremy Banks, 30, of the 1700 block of Matheny Ave., charged with possession of a firearm by a felon, on April 8, 2021;
  • Donovan Hoover, 26, of the 600 block of Wood St., possession of a firearm by a felon on April 4, 2021;
  • Deonte M. Pinnick, 34, of the 1000 block of 16th St., possession of a firearm by a felon on Feb. 9, 2020;
  • Latayveon Wells, 22, of the 200 block of N. State St., possession of a firearm by a felon, on Dec. 17, 2020;
  • Anthony M. Davis, 30, of Mesquite, Texas, possession of a firearm by a felon, on Feb. 3, 2021;
  • Kai R. Estomo-Encallado, 21, of Grayson, Texas, possession of a shotgun with a barrel less than 18 inches, that was not registered to him, on Feb. 25, 2021;
  • Jeremy Mitchell, 32, of the 2700 block of S. MacArthur Blvd., on April 7, 2021, 1) possession with intent to distribute 28 grams or more of crack cocaine; 2) possession with intent to distribute 40 grams or more of fentanyl; 3) possession of a firearm in furtherance of drug trafficking; and, 4) felon in possession of a firearm; and,
  • Demetrius M. Robertson, 29, of the 2300 block of S. 8th St., on Feb. 25, 2021, alleged 1) felon in possession of a firearm; 2) possession with intent to distribute marijuana; and, 3) possession of a firearm in furtherance of drug trafficking; 4) possession with intent to distribute marijuana on Jan. 8, 2021; and, 5) possession of a firearm by a felon on June 27, 2020.

Springfield Police Chief Kenny Winslow said, “The Springfield Police Department has worked diligently, collaborating with Federal agencies, including the U.S. Attorney's Office, to ensure that those responsible for gun crimes are held accountable. Project Safe Neighborhoods, as well as cooperation with other local, state and county law enforcement and prosecutors acts as a force multiplier within our community, providing the residents of Springfield the utmost safety and peace of mind.”

“The escalation in the number of gun violence cases as well as the random locations is concerning to all of the law enforcement community,” said Sangamon County Sheriff Jack Campbell. “The Sheriff’s Office will continue to work with all our partners to identify the offenders and bring them to justice. But we need help from our citizens. Anything you see and anything you know about these crimes needs to be reported.”

The defendants have been ordered to remain detained in the custody of the U.S. Marshals Service pending their respective trial dates.

If convicted, the maximum statutory penalty for the gun offenses charged, including felon in possession of a firearm, felon in possession of ammunition, and possession of an unregistered shotgun with a barrel less than 18” is up to 10 years in prison. The two defendants charged with additional drug trafficking offenses face penalties of 10 years to life for crack cocaine and fentanyl, and up to five years in prison for marijuana, if convicted. For possession of a firearm in furtherance of drug trafficking, the penalty is at least five years and up to life in prison to be served consecutive to the sentence imposed for the underlying drug offense. 

Assistant U.S. Attorneys Sierra Senor-Moore, Sarah Seberger, and Matthew Z. Weir represent the government in the federal case prosecutions.

Members of the public are reminded that an indictment is merely an accusation; each defendant is presumed innocent unless proven guilty.

The Department of Justice’s recent renewed commitment to Project Safe Neighborhoods establishes four fundamental principles to guide efforts to reduce violent crime: 1) build trust and legitimacy within communities; 2) invest in community-based prevention and intervention programs; 3) target enforcement and priorities to focus resources on identifying, investigating, and prosecuting the most significant drivers of gun violence and other violent crime; and, 4) measure results with the goal to reduce the level of violence in our communities and not to increase the number of arrests and prosecutions as if they were ends in themselves.

Beaverton Man Sentenced To Federal Prison For Threat Against Whistleblower’s Attorney

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BAY CITY – Brittan J. Atkinson, 54 of Beaverton, was sentenced today to one year and one day in federal prison for sending threatening communications to a Washington, D.C. attorney, announced Acting United States Attorney Saima Mohsin.

Mohsin was joined in the announcement by Special Agent in Charge Timothy Waters, Federal Bureau of Investigation, Detroit, Michigan.

Atkinson was sentenced by United States District Judge Thomas Ludington in Bay City, Michigan

According to court records, on November 7, 2019, Atkinson knowingly and willingly sent an email via the internet to an attorney in Washington, D.C. known to represent a federal whistleblower. The email contained threats to harm the victim stating, “[a]ll traitors must die miserable deaths” and “[t]hose that represent traitors shall meet the same fate[.]” Atkinson told the attorney, “we will hunt you down and bleed you out like the pigs you are.”  Atkinson’s threat continued, “[k]eep looking over your shoulder, we know who you are, where you live, and who you associate with, we are all strangers in a crowd to you[.]” Upon receiving the threat, the attorney contacted the FBI who immediately began an investigation and identified Atkinson as the sender of the email. Atkinson was arrested pursuant to an indictment in February 20, 2020.  On December 1, 2020, Atkinson pleaded guilty to making an interstate communication of a threat to injure. 

“The actions in this case are very alarming,” stated Acting US Attorney Mohsin.  “Once free speech crosses the line and becomes a threat, you can rest assured that the full extent of the law will be brought to bear.  No one should be threatened for simply doing their job.”

"This sentence should send a message that you cannot hide behind a computer keyboard and make threats against another person with impunity," said Timothy Waters, Special Agent in Charge of the FBI in MIchigan. "The First Amendment does not protect those who threaten violence against another person. Those threats are taken seriously, will be fully investigated, and people will be held accountable."

This case was investigated by special agents of the FBI and was prosecuted by Assistant United States Attorney Anthony Vance.


Hartford, Connecticut Man Charged with Federal Drug Felony After FBI Search in Randolph, Vermont

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The Office of the United States Attorney for the District of Vermont stated today that Shiquan Mangual, 27, of Hartford, Connecticut was charged by Criminal Complaint in United States District Court for the District of Vermont with possession with intent to distribute controlled substances.  

According to the Criminal Complaint, Mangual was arrested by the FBI on June 9, 2021, in connection with a search of a residence in Randolph, Vermont.  During the search, agents found several firearms, including a loaded handgun, more than 500 grams of suspected cocaine, more than 100 grams of suspected cocaine base, more than 15 grams of suspected heroin, and more than $7,500 in United States currency.  

At Mangual’s initial appearance today before United States Magistrate Judge Kevin J. Doyle, Mangual was ordered detained pending trial.  Mangual’s next court appearance has not yet been scheduled.  A criminal complaint is only an accusation, and Mangual is presumed innocent unless and until proven guilty. 

This matter is being investigated by the FBI in conjunction with the Vermont State Police, the Montpelier Police Department, the Northfield Police Department, the Bureau of Alcohol Tobacco Firearms and Explosives, as well as the Drug Enforcement Administration in Connecticut.  

The Assistant United States Attorney handling the prosecution is Michael Drescher.  Mangual is represented by Assistant Federal Defender Steven Barth.

Federal Grand Jury Indicts Three Defendants On Multiple Drug And Gun Charges

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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 a federal grand jury has returned an indictment charging Esteven Matos, 29, of Buffalo, NY, along with Lydia Cortes, 50, and Felix Ayende, 45, both of Lackawanna, NY, with narcotics conspiracy, possessing with intent to distribute methamphetamine and fentanyl, and attempting to possess with intent to distribute cocaine. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life. Defendant Esteven Matos is also charged with being a felon in possession of firearms and ammunition and possession of firearms in furtherance of drug trafficking crimes, which carry a mandatory minimum penalty of 15 years in prison to be served consecutive to any other sentence imposed.

Assistant U.S. Attorney Nicholas T. Cooper, who is handling the case, stated that according to the indictment and a previously filed complaint, on October 30, 2020, a federal search warrant was executed on a USPS Priority Mail Parcel addressed to “Antonio Cortes 1326 ELECTRIC Ave. LACKAWANNA, NY 14218.” The package contained one kilogram of cocaine. On November 3, 2020, the parcel, the contents of which were replaced with “sham,” was delivered to 1326 Electric Avenue and taken inside by defendant Ayende. A short time later, investigators conducting surveillance observed defendant Matos arrive at the residence. After Matos arrived, the parcel was opened. A search warrant was then executed at the residence. Investigators seized two loaded firearms, one of which was stolen, approximately 260 grams of fentanyl, 1,451 pills containing methamphetamine, the kilogram of “sham” cocaine, digital scales, sandwich baggies, five cell phones, and over $63,000 in US currency. All three defendants were arrested at that time.

The indictment is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Acting Boston Division Inspector-in-Charge Joshua W. McCallister, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

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

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Federal Grand Jury Indicts Buffalo Man For His Role In Scheme To Defraud Medicaid Out Of Thousands Of Dollars

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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 a federal grand jury has returned an indictment charging Saleh Mozeb, 65, of Buffalo, NY, with healthcare fraud. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Russell T. Ippolito, who is handling the case, stated that according to the indictment and a previously filed complaint, the defendant is a co-owner of Great Lake Transportation, which is a non-emergency medical transportation provider for Medicaid recipients. Great Lake, which has been operating since August 2016, has approximately 15 vehicles in its fleet and employs approximately 20 drivers, primarily providing rides to and from methadone clinics in the Buffalo area. Between September 2016, and December 2020, representatives from Great Lake submitted fraudulent claims for payment to Medicaid, seeking reimbursement for non-emergency transportation allegedly provided by Mozeb. The fraud involved the billing of Medicaid transportation trips that were not actually being performed, and individual rides that were billed as group rides, resulting in a greater reimbursement. The loss to Medicaid was more than $7,000. 

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Medicaid Fraud Control Unit, under the direction of New York State Attorney General Letitia James; the New York State Police, Special Investigation Unit, under the direction of Major James Hall; the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; and U.S. Border Patrol, under the direction of Acting Chief Patrol Agent Buffalo Sector Andrew K. Scharnweber.

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

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Inmate who Orchestrated Two Separate Drug Conspiracies from Prison Pleads Guilty

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A man who orchestrated two major drug conspiracies while he was an inmate at an Oklahoma Department of Corrections facility pleaded guilty in federal court this week, announced Acting U.S. Attorney Clint Johnson.

Tymalk Quane Love, 31, was charged with multiple counts of drug conspiracy and possession of a firearm in furtherance of a drug trafficking crime.  The drugs he helped traffic included methamphetamine, heroin, and fentanyl.

In a written plea agreement, Love admitted that from January 2018 to February 2019, he conspired with Anthony Ward Irving, Casey Joe Eastwood, and others, including a Tulsa “Facilitator,” to distribute and to possess with intent to distribute 500 grams or more of methamphetamine and an unknown quantity of heroin.

While incarcerated, the defendant organized the other members’ activities and coordinated shipments, payments, and the distribution of methamphetamine and heroin. Love did so using contraband cell phones. Inmates are prohibited from possessing cell phones.

Anthony Irving lived in Arizona at the time of the conspiracy and helped provide large quantities of drugs to be redistributed. Casey Eastwood lived in Arkansas and helped redistribute the drugs to end-users. Love coordinated with both men and further instructed a Tulsa “Facilitator” on when and where to obtain, pay for, and distribute the drugs.

Love also admitted that the “Facilitator” possessed a firearm to protect the methamphetamine and drug proceeds from possible theft, and that this gun possession in furtherance of drug trafficking was reasonably foreseeable to him.

Love also admitted that from January to February 2019, he conspired with the Tulsa “Facilitator” to distribute and to possess with intent to distribute fentanyl. Love again used contraband cell phones to communicate with the “Facilitator” from prison about when and in what manner pills laced with fentanyl and shipped from Mexico would be sent to the “Facilitator’s” house in Tulsa. The fentanyl pills, often referred to as “Mexican Oxys,” are illicitly manufactured in Mexico to look like prescription oxycodone tablets. Users frequently believe they are taking oxycodone or a comparable opioid, but the fentanyl laced pills, which are much stronger than oxycodone, often lead to overdose and death.

Love admitted that the proceeds from his drug conspiracies totaled $201,800.

If the Court accepts the parties’ plea agreement at sentencing, Love will receive a sentence of 10 years’ imprisonment.

The Oklahoma Bureau of Narcotics and Dangerous Drugs, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, and Tulsa County Sheriff’s Office are the investigative agencies.

Six California Men, Four of Whom Self-Identify as Members of “Three-Percenter” Militias, Indicted on Conspiracy Charges Related to Jan. 6 Capitol Breach

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Six California men, four of whom identify as members of Three Percenter militias, were arrested today for crimes related to the breach of the U.S. Capitol on Jan. 6, which disrupted a joint session of the U.S. Congress in the process of ascertaining and counting the electoral votes related to the presidential election.

Allan Hostetter, 56, of San Clemente; Russell Taylor, 40, of Ladera Ranch; Erik Scott Warner, 45, of Menifee; Felipe Antonio “Tony” Martinez, 47, of Lake Elsinore; Derek Kinnison, 39, of Lake Elsinore; and Ronald Mele, 51, of Temecula are charged with federal offenses that include conspiracy, obstructing an official proceeding, and unlawful entry on restricted building or grounds. Taylor is also charged with obstructing law enforcement during a civil disorder and unlawful possession of a dangerous weapon on Capitol grounds. Warner and Kinnison are also charged with tampering with documents or proceedings.

As alleged in the indictment, through the late fall and early winter of 2020, the defendants communicated with each other to plan and coordinate their effort to obstruct and interfere with the joint session of Congress at the Capitol on Jan. 6, to certify the electoral college vote. The defendants communicated through various messaging applications and social media, including the encrypted messaging application Telegram, to share information regarding the election; coordinate travel to Washington, D.C.; and promote events sponsored by the American Phoenix Project, which Hostetter founded to oppose government-mandated restrictions related to the COVID-19 pandemic.

On Dec. 28, Warner initiated a group text message thread in which he, Mele, Kinnison and Martinez discussed logistics and expenses for a cross-country road trip. On Dec. 29, Hostetter and Taylor texted each other regarding travel and whether they would bring firearms.

On Jan. 1, Taylor created a Telegram chat called “The California Patriots-DC Brigade,” which the defendants, along with more than 30 others, joined and used to identify themselves, communicate and coordinate with each other. In the “about” section, Taylor wrote: “This group will serve as the Comms for able bodied individuals that are going to DC on Jan 6. Many of us have not met before and we are all ready and willing to fight. We will come together for this moment that we are called upon.”

All of the defendants joined this Telegram group and used it to plan and coordinate their actions together and with others. He explained the purpose of the group and stated, “This thread is exclusive to be utilized to organize a group of fighters to have each other’s backs and ensure that no one will trample on our rights. Also, if there is key intel that we need to be aware of [or] possible threats.” He added: “I am assuming that you have some type of weaponry that you are bringing with you and plates as well.” Taylor also asked members to identify if they had previous law enforcement experience, military experience or “special skills relevant to our endeavors."

Also in the chat, Kinnison explained that he, Mele and Warner “are part of so cal 3%[.] we work well and train with each other” and that the group was “[l]eaving tomorrow and driving instead of flying because our luggage would be too heavy. We will have lots of gear from medical kits, radios, multiple cans of bear spray, knives, flags, plates, goggles, helmets…I think we should clear all text in this chat in the morning of the 5th just in case for opsec purposes.”

Prior to leaving California for Washington, D.C., Kinnison, Mele, Martinez and Warner continued to exchange messages on a group text threat to coordinate and plan their trip, including whether they wanted to bring firearms with them on their cross-country drive. Mele told the group “shorter the better. Mine will be able to be stashed under the seat. I’ll bring it. 18” barrel.”

At 11:28 p.m. on Jan. 5, Taylor posted a photo to a chat on another encrypted messaging service showing gear arranged on a bed, including a khaki backpack, a black plate-carrier vest, two hatchets, a walkie talkie-type radio, a stun baton, a helmet, a scarf and a knife. In the caption, he wrote, “Now getting ready for tomorrow.”

On Jan. 6, the defendants congregated on the National Mall for the rally, where Mele, Martinez, Kinnison and Warner posed for a photo. Martinez, Kinnison and Warner flashed a hand signal showing affiliation with the Three Percenter group. Taylor, Hostetter and others walked down Pennsylvania Avenue toward the Capitol, and Taylor took a selfie-style video as he walked, in which he stated, “We are on the move. Heading up to the Capitol.” At 2:13 p.m., Warner entered the Capitol through a broken window. At approximately 2:30 p.m., Taylor and Hostetter joined rioters on the lower west terrace who were pushing through the line of law enforcement officers. Taylor was carrying a knife in the front chest pocket of his plate carrier vest and urged on rioters before pushing through the police line and moving up the stairs and onto the upper west terrace.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Central District of California.

The case is being investigated by the FBI’s Washington Field Office, as well as the Metropolitan Police Department and U.S. Capitol Police, with significant assistance provided by the FBI’s Los Angeles Field Office.

In the 150 days since Jan. 6, approximately 465 individuals have been arrested on charges related to the Jan. 6 Capitol breach, including over 130 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

The charges contained in any criminal complaint or indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Ninth Circuit Court of Appeals Judge Ken Lee Addresses Eastern District of Texas as Part of EDTX’s Distinguished Speaker Series

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BEAUMONT, Texas – The United States Attorney’s Office for the Eastern District of Texas is pleased to announce the latest guest in its EDTX Distinguished Speaker Series, Judge Kenneth Kiyul Lee of the U.S. Court of Appeals for the Ninth Circuit.

Judge Lee has served on the Ninth Circuit since June 2019.  Prior to joining the court, he was a partner in the Los Angeles office of Jenner & Block.  From 2006 to 2009, Judge Lee was Associate Counsel and Special Assistant to the President.  He has also served as a special counsel on the United States Senate Judiciary Committee and was an associate at Wachtell, Lipton, Rosen & Katz from 2001 to 2006.  Judge Lee is no stranger to Texas – he began his legal career as a law clerk to Fifth Circuit Judge Emilio M. Garza from 2000 to 2001.

Judge Lee was born in South Korea and is only one of three Korean Americans to serve on any United States Courts of Appeal.

“The Eastern District is fortunate to have Judge Lee speak to us today.  It is particularly fitting to hear from Judge Lee shortly after we celebrated Asian American and Pacific Islander Heritage Month,” said Acting U.S. Attorney Nicholas J. Ganjei. “In his brief service as federal judge, Judge Lee has already distinguished himself for his clear writing and sharp legal analysis.  I am confident Judge Lee will continue his excellent service to our Nation and the rule of law for years to come.”

Judge Lee is a graduate of Cornell University (summa cum laude) and Harvard Law School (magna cum laude).

 

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Butte man sentenced to more than 15 years in prison for meth trafficking, firearms and money laundering crimes

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MISSOULA – A Butte man who admitted conspiring to traffic methamphetamine in Montana, wiring the drug proceeds to California and Mexico and illegally possessing firearms was sentenced today to 15 years and eight months in prison followed by five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.

Joshua Jay Schroeder, 40, pleaded guilty on Aug. 24, 2020 to conspiracy to possess with intent to distribute meth, felon in possession of a firearm and conspiracy to commit money laundering.

U.S. District Judge Dana L. Christensen presided. Schroeder was detained.

In court documents filed in the case, the government alleged that law enforcement became aware that Schroeder was involved in drug trafficking in and around Montana. In April 2019, an undercover agent purchased meth from Schroeder, and by June 2019, law enforcement found multiple pounds of meth mailed to Schroeder, all of which was meant for distribution in Montana. In a search of Schroeder’s house, agents found 44 grams of meth and a digital scale. In addition, investigators found a total of five firearms in Schroeder’s vehicle. Schroeder possessed the firearms after having been convicted of multiple felonies in Montana. Schroeder admitted to law enforcement that he accepted packages of meth for redistribution and helped in collecting and wiring money used in drug trafficking. Financial records showed that Schroeder wired drug money from Montana to Mexico and California.

Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the Montana Division of Criminal Investigation, Drug Enforcement Administration, Homeland Security Investigations and Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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Two Members of the Violent Extremist Group “The Base” Plead Guilty to Federal Firearms and Alien-Related Charges

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Greenbelt, Maryland – Two members of the racially motivated violent extremist group “The Base” pleaded guilty today to firearms and alien-related charges arising from federal charges in Maryland and Delaware. 

Brian Mark Lemley, Jr., age 35, of Elkton, Maryland, and Newark, Delaware, pleaded guilty to the Maryland charges of conspiracy to transport certain aliens, to transporting certain aliens, to disposing of a firearm and ammunition to an illegal alien, and to transporting a firearm and ammunition in interstate commerce with intent to commit a felony; and to the Delaware charges of harboring certain aliens, aiding and abetting an alien in possession of a firearm, and obstruction of justice. 

Canadian national Patrik Jordan Mathews, age 29, recently of Newark, Delaware, pleaded guilty to the Maryland and Delaware charges of being an alien in possession of a firearm and ammunition; to the Maryland charge of transporting a firearm and ammunition in interstate commerce with intent to commit a felony; and to the Delaware charge of obstruction of justice. 

A third co-defendant and member of “The Base,” William Garfield Bilbrough IV, age 21, of Denton, Maryland, previously pleaded guilty to conspiring to transport an alien and to transporting the alien, specifically, The Base member Patrik Mathews, and was sentenced to five years in federal prison.

Today’s guilty pleas were announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; United States Attorney for the District of Delaware David C. Weiss; Acting Special Agent in Charge Rachel Byrd of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.

“Preserving our nation’s security against domestic terrorist threats continues to be a top priority of the Justice Department,” said Acting United States Attorney Jonathan F. Lenzner.  “In late 2019 and early 2020, Lemley, Mathews and others in The Base were assembling firearms and collecting thousands of rounds of ammunition with the intent to engage in serious criminal conduct.  There is simply no place in our country for racially motivated extremist groups that engage in violence. Our office and law enforcement partners in Maryland and Delaware will use all of the tools at our disposal to investigate and prosecute violent extremists.”

U.S. Attorney Weiss stated, “Detecting, disrupting and deterring the threat of domestic terrorism and violent extremism in all of its forms is a top priority for this office.  However, mere membership in a violent extremist group like the Base, an organization that trades in hatred and bigotry, no matter how despicable, is not a federal crime. But when extremists like defendants Mathews and Lemley take action in furtherance of their twisted agenda and commit firearms offenses, obstruct justice and illegally transport aliens -- law enforcement will respond swiftly and decisively. I commend the diligence of Maryland and Delaware law enforcement in bringing these defendants to justice.”

“Today's admission of guilt shows how far Mr. Lemley and Mr. Mathews were willing to go to support extremist activity,” said Rachel Byrd, Acting Special Agent in Charge of the FBI Baltimore Field Office. “This investigation and the guilty plea underscore the continuing threat we face from domestic extremist groups. The FBI and our law enforcement partners remain fully prepared to take actions necessary to safeguard our communities.”

“When extremist beliefs begin escalating into criminal activity, it creates a volatile and potentially lethal mentality that threatens everyone’s safety,” said ATF Baltimore Special Agent in Charge Timothy Jones. “The strong partnerships ATF and our fellow local, state, and federal law enforcement agencies have ensures that this team effort is always prepared to identify and stop extremists and violent offenders anytime, anywhere, no matter if they cross state lines and jurisdictions.” 

According to court filings, Lemley, Mathews, and Bilbrough were members of The Base, a racially motivated violent extremist group.  Since 2018, The Base has built a coalition of white supremacist members within the United States and abroad through, among other things, online chat rooms, in-person meetings, propaganda, and military-style training.  As detailed in their plea agreements, Lemley and Bilbrough traveled in Lemley’s vehicle to participate in a regional training camp conducted by members of The Base in Georgia from August 2 through August 4, 2019, including participating in tactical training and firearms drills.  Later in August, Lemley and Bilbrough attended another The Base training camp in a different state.

As detailed in the plea agreements for Lemley and Mathews, on August 19, 2019, the Winnipeg (Canada) Free Press published an article regarding one of its reporter’s infiltration of The Base that led to the identification of Mathews as a member of The Base. Mathews then fled Canada and illegally entered the United States. At some point thereafter, Lemley and Bilbrough learned that Mathews had unlawfully crossed the border.

On August 30, 2019, Lemley and Bilbrough traveled in Lemley’s truck from Maryland to southern Michigan to pick up Mathews in order to transport him to the East Coast where he could safely reside and continue his participation in The Base.  Lemley and Bilbrough remained in Michigan for approximately two hours, after which Lemley, Bilbrough, and Mathews headed back east.  Lemley and Bilbough each drove at least part of the time and Bilbrough was dropped off at his house in Maryland on the evening of August 31, 2019.  Lemley then drove Mathews to the area of Chincoteague, Virginia, in order to conceal Mathews’ presence in the United States.

On Saturday, September 14, 2019, Lemley traveled in his vehicle from his residence in Elkton, Maryland, to Chincoteague Island, Virginia, where he picked up Mathews.  Lemley and Mathews then traveled south, through the Chesapeake Bay Bridge Tunnel to Rome, Georgia, in the vicinity of the residence of a known member of The Base.  Approximately five hours later, Lemley departed for Maryland and Mathews stayed at the Georgia property.

Lemley acknowledged that on about October 30, 2019, he picked Bilbrough up at his residence and the two drove to Georgia to attend a training camp at the property of another member of The Base.  Mathews, who was already residing at the Georgia property, admitted that he also attended the training camp.  While in Georgia, on November 2, 2019, Lemley and Bilbrough purchased approximately 1,550 rounds of 5.56 ammunition.  Later that day, Lemley, Mathews and Bilbrough traveled from Georgia to Maryland.  The next day, Lemley and Mathews admitted that they dropped Bilbrough off at his house and traveled to Elkton, Maryland, where Mathews spent the night at a motel a few minutes from Lemley’s residence.

As detailed in Lemley’s and Mathews’ plea agreements, on November 4, 2019, Mathews left the motel on foot.  After buying food from a nearby restaurant, Mathews walked into the woods behind the restaurant, where he remained until Lemley picked him up.  Lemley and Mathews drove to a bank and then to an apartment complex in Newark, Delaware, where Lemley rented an apartment while Mathews remained in the vehicle.  Thereafter, Lemley and Mathews primarily resided in the apartment in Delaware. 

According to their plea agreements, on December 20, 2019, Mathews took steps to construct a rifle out of various weapons parts and watched a video on his phone that provided directions on constructing the rifle.  Lemley and Mathews also discussed the rifle and parts that needed to be obtained to finish constructing the rifle.  Lemley and Mathews admitted that they held and manipulated the rifle. 

Lemley and Mathews acknowledged that on December 29, 2019, they discussed visiting a gun range to test fire the newly constructed rifle.  On January 2, 2020, Lemley took the rifle from the apartment in Delaware to a public gun range in Maryland, where he was observed by an FBI agent.  On January 5, 2020, Mathews and Lemley left the Delaware residence with at least one firearm and went to the same public gun range previously visited by Lemley.  Prior to their arrival, the FBI had set up a stationary camera in a vehicle near the range and an ATF agent was in the vicinity of the range.  Agents observed, and the camera recorded, Mathews in possession of, and firing a firearm.  Lemley observed Mathews’ shots through an unattached rifle scope.

Lemley admitted that on January 7, 2020, he ordered approximately 1,500 rounds of 5.56 mm and 6.5 mm ammunition, which fit two rifles possessed by Lemley and Mathews.  On January 11, 2020, Lemley drove Mathews from their Delaware residence to the Maryland gun range they had visited previously.  Mathews admitted that while at the range, he handled and fired the rifle.  On the way back to Delaware, the men stopped at Lemley’s prior residence in Elkton, where they retrieved some of the 1,500 rounds of ammunition Lemley had ordered on January 7.  Mathews admitted that he knew he was an alien illegally present in the United States at the times he possessed the firearm and ammunition in Maryland and Delaware.

On January 15, 2020, Lemley and Mathews discussed the possibility of going to jail for their conduct. During the conversation, Lemley told Mathews, "I may be going to jail upon discovery of the propaganda in my cell phone."

Early in the morning on January 16, 2020, federal agents executed federal arrest warrants on Lemley and Mathews at the Delaware residence. Before Lemley and Mathews submitted to the agents, however, Lemley repeatedly directed Mathews to smash his cell phone.  Lemley and Mathews smashed their cell phones and dumped them into the toilet.  Lemley and Mathews admitted that by doing so, they intended to obstruct or impede the administration of justice with respect to the investigation, prosecution, and sentencing of their offenses.  Their activity was fully captured on video and audio surveillance equipment installed in the Delaware residence, pursuant to a federal court order.

Lemley and Mathews each face a maximum of 10 years in federal prison for transporting a firearm and ammunition in interstate commerce with intent to commit a felony offense and a maximum of 20 years in federal prison for obstruction of justice.  Lemley also faces a maximum sentence of five years in federal prison each for transporting and for harboring certain aliens; a maximum of 10 years in federal prison each for conspiracy to transport certain aliens, for disposing of a firearm and ammunition to an illegal alien, and for aiding and abetting an alien in possession of a firearm and ammunition. Mathews also faces a maximum of 10 years in federal prison for each of two counts of being an alien in possession of a firearm and ammunition.  U.S. District Judge Theodore D. Chuang has scheduled sentencing for Mathews on October 28, 2021 at 9:30 a.m., and for Lemley on October 28, 2021 at 2:00 p.m. 

Acting United States Attorney Jonathan F. Lenzner and United States Attorney David C. Weiss commended the FBI Baltimore Joint Terrorism Task Force (JTTF) and the ATF for their work in the investigation, and thanked U.S. Homeland Security Investigations, the Maryland Department of Natural Resources, the Maryland State Police, and the Delaware State Police for their assistance.  Mr. Lenzner and Mr. Weiss thanked their offices’ national security prosecutors, who are handling the case.

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Healthcare Practitioners to Pay over $1 Million to Resolve False Claims Act Liability Arising from Billing of P-Stim Devices

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SAN ANTONIO – Three separate healthcare providers within the Western District of Texas have agreed to pay a collective $1,056,340.50 to resolve liability under the False Claims Act for the alleged improper billing of electro-acupuncture devices.

These providers – Ledger Foot & Ankle, P.A of Harker Heights, Superior Physical Medicine of Round Rock and Precision Spine and Pain Management of San Antonio – billed Medicare and/or TRICARE for the implantation of neuro-stimulators, a surgical procedure that usually requires an operating room and is reimbursable by federal healthcare programs. In these matters, the procedure billed actually involved a non-surgical, non-invasive application of the devices that is non-reimbursable by federal healthcare programs.

Between February 2018 and January 2020, Dr. Harold Ledger, DPM, of Harker Heights, through his practice, Ledger Foot & Ankle, P.A., billed Medicare for the application of ANSiStim devices to beneficiaries as though they were implantable neurostimulators.  Certain Medicare beneficiaries were identified as also having TRICARE benefits that were further billed to the program as the secondary insurer.  Dr. Ledger will pay a total of $535,000.00 to resolve his liability under the False Claims Act.

Between December 2016 and September 2018, SPR Medical Group (formerly known as Atlas Medical Group), d/b/a Superior Physical Medicine, (“Superior”) billed Medicare for the application of ANSiStim and STIVAX devices as though they were implantable neurostimulators.  Following a Medicare audit of two neurostimulation procedures, Superior initiated a full repayment of the Medicare funds received for those two claims and conducted an internal audit of all claims.  Superior self-disclosed claims improperly billed and has agreed to pay a total of $338,150.50 to resolve any potential liability under the False Claims Act.

Between March 1 and April 2019, Dr. Yurii Borshch, through his practice Precision Spine and Pain Management, billed Medicare for the application of ANSiStim devices to beneficiaries as though they were implantable neurostimulators.  During the pendency of the investigation and settlement negotiations, Dr. Borshch initiated refund payments to Medicare for the identified claims and paid a total of $183,190.00 to resolve potential liability under the False Claims Act.

The settled civil claims are allegations only and do not constitute admissions of liability by any of the identified practitioners. 

These matters were investigated by the U.S. Department of Health and Human Services Office of the Inspector General.  All three settlements were negotiated on behalf of the government by Assistant U.S. Attorney Erin M. Van De Walle.

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Former Member of Massachusetts Latin Kings State Leadership Sentenced for Racketeering Conspiracy

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BOSTON – The former Secretary of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced today on racketeering charges.

Francisco Lopez, a/k/a “King Cisco,” 43, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to nine years in prison and three years of supervised release. In February 2020, Lopez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

During the course of the investigation, Lopez attended numerous meetings of the Latin Kings State Leadership, and hosted meetings at his residence in Chelsea. During these meetings, crimes of violence and the business of the gang were discussed and decided.

Additionally, Lopez sold over 200 grams of cocaine base to a cooperating witness. During the search of the Lopez’s Chelsea residence in December 2019, 50 grams of fentanyl, 50 grams of heroin and a loaded Glock firearm were recovered.

The Latin Kings are a violent gang comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the criminal organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and is motivated by a desire to further its influence and to protect its turf from rival gangs.

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Lopez is the 30th defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices.  Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

The operation was conducted by a multi-agency task force through 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 most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.

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

Deer Lodge man sentenced to five years in prison for meth trafficking, firearms crimes

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MISSOULA – A Deer Lodge man who admitted to receiving packages of methamphetamine in the mail for re-distribution and to illegally possessing firearms was sentenced today to five years in prison and to five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.

Shawn James Miller, 33, pleaded guilty on Feb. 18 to possession with intent to distribute controlled substances and to prohibited person in possession of a firearm.

U.S. District Judge Dana L. Christensen presided. Miller was detained.

The government alleged in court documents that law enforcement learned Miller was involved in drug trafficking in Montana from about 2017 until 2020. Miller admitted to investigators that he received and possessed packages of meth through the mail for re-distribution. The investigation determined that Miller sent a package containing $4,000 cash to California. The government further alleged Miller aided drug trafficking activities by wiring money to the Dominican Republic and Mexico, in addition to other locations, and that Miller was conservatively responsible for at least two pounds of meth, which is the equivalent of 7,248 doses, in Montana’s communities. Miller also pawned two firearms in Butte in March 2020 after having been convicted of multiple felonies in Montana. Co-defendants Humberto Horiol Medina Villarreal and Charles Joshua Petty have pleaded guilty in the case and are awaiting sentencing.

Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the Montana Division of Criminal Investigation, Butte Police Department, Drug Enforcement Administration, Homeland Security Investigations and Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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Logan County Man Pleads Guilty to Child Pornography Charge

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CHARLESTON, W.Va. – A Logan County man pleaded guilty today to receipt of child pornography.

According to the plea agreement and statements made in court, Marvin Wayne Akers, 40, admitted that on December 21, 2016, he used his Facebook account to communicate with a person living in the Philippines and asked to see “her.”  In response, Akers received two images and a video that he knew were child pornography or images depicting children under the age of 18 engaged in sexually explicit conduct. 

Akers faces at least five years and up to 20 years in prison when he is sentenced on September 16, 2021.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI). 

United States District Judge Irene C. Berger presided over the hearing.  Assistant United States Attorneys Ryan Blackwell and Jennifer Rada Herrald are handling the prosecution.

This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorney’s 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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. 2:20-000174.

 

 

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