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Roane County Man Pleads Guilty to Federal Gun Crime

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CHARLESTON, W.Va. – Foster Allen Ray, 71, of Gandeeville pleaded guilty today to a federal gun crime. 

According to court documents and statements made in court, on April 9, 2020, Ray shot a loaded Savage Model 99 300 caliber level action rifle at two individuals in a vehicle stopped near his residence in Gandeeville, West Virginia.  Ray is prohibited from possessing firearms due to previous felony convictions in Roane County Circuit Court for unlawful assault and child abuse by a custodian resulting in injury.

Ray pleaded guilty to being a felon in possession of a firearm and faces up to 10 years in prison when sentenced on September 23, 2021.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigation work of the West Virginia State Police. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.

United States District Judge Irene C. Berger 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. 2:21-cr-00024.

 

 

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Former Member of New Bedford Latin Kings Chapter Sentenced for Racketeering Conspiracy and Drug Trafficking Charges

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BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced today on racketeering charges.

Kevin Guadalupe, a/k/a “King K-Milly,” 19, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (14 days) and three years of supervised release. On March 3, 2021, Guadalupe pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

Guadalupe participated in an unarmed robbery committed in November 2019 by members of the Latin Kings in New Bedford. During the robbery, which was captured on video, the victim was chased down in the middle of a busy street, thrown to the ground and kicked and beaten by six members of the Latin Kings. At the end of the beating, an item believed to be a wallet or cell phone was taken from the victim’s pants pocket.

The Latin Kings are a violent criminal enterprise 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 organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.

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. Guadalupe is the 31st 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. 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.

Navajo man sentenced to three years in prison for assault

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              ALBUQUERQUE, N.M. – Lyle Ryan Begaye, 44, of Tohlakai, New Mexico, an enrolled member of the Navajo Nation of Fort Defiance, Arizona, was sentenced on June 2 in federal court to three years and 10 months in prison for assault resulting in serious bodily injury in Indian Country. Begaye pleaded guilty on Nov. 2, 2020.

              In his plea agreement, Begaye admitted to assaulting the victim on June 1, 2020, in Bernalillo County, New Mexico. Begaye became jealous and struck the victim with his fist approximately 30 times on multiple parts of her body. Begaye struck the victim once for each letter in the first and last name of three men he believed she was being unfaithful with. Begaye then physically prevented the victim from leaving the residence.  The victim was allowed to seek medical treatment only after assuring Begaye that she would not contact law enforcement. Begaye’s assault caused serious injuries, including fractures to the victim’s spine, broken ribs, extreme pain and hemorrhaging.

               Emphasizing Begaye’s prior criminal history as “a serial terrorizer of women,” the court ordered Begaye to serve 200 hours of community service, which the court desired to be applied to battered women’s shelters. Upon his release from prison, Begaye will be subject to three years of supervised release.

               The Albuquerque Field Office of the FBI investigated the case. Assistant U.S. Attorney Thomas J. Aliberti prosecuted the case.

Seven-Time Felon Sentenced for Federal Firearms Violation

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TYLER, Texas – A Carthage man has been sentenced to federal prison for a firearms violation in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei.

Tyreese Williams, 34, pleaded guilty on March 3, 2021, to being a felon in possession of a firearm and was sentenced to 72 months in federal prison today by U.S. District Judge J. Campbell Barker.

“Felons who possess firearms endanger our communities and are a priority for federal prosecution,” said Acting U.S. Attorney Nicholas J. Ganjei.  “Our office will continue to partner with federal, state, and local agencies to keep firearms out of the wrong hands.  As a seven-time convicted felon, Tyreese Williams should have expected this day of reckoning.”

According to information presented in court, Williams was arrested on May 2, 2019 by deputies of the Panola County Sheriff's Office following a nine-mile high-speed chase where Williams’ speed exceeded 120 miles per hour.  Subsequent to Williams’ arrest, deputies searched Williams’ car and found a handgun.  While being placed under arrest, Williams informed the deputies that he had swallowed a large amount of methamphetamine just prior to surrendering to police. 

Among his seven prior felony convictions, Williams has previously been convicted of evading detention in a motor vehicle, possession of a controlled substance (twice), felon in possession of a firearm, forgery (twice), and assault family violence by impeding an airway or circulation.  As a convicted felon, Williams is prohibited from owning or possessing firearms or ammunition. Williams was indicted by a federal grand jury on March 15, 2020.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Panola County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Ryan Locker.

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Beaverton Man Sentenced for Laser Assault on Federal Officer During Portland Protest

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PORTLAND, Ore.—A Beaverton, Oregon man was sentenced today for shining a high-powered green laser at a uniformed Federal Protective Service (FPS) officer providing security at the Mark O. Hatfield U.S. Courthouse during a protest in July 2020.

Andrew Steven Faulkner, 25, was sentenced to three years’ federal probation to include six months of home detention and 40 hours of community service.

According to court documents, in the early morning hours of July 5, 2020, Faulkner shined a high-powered green laser at an FPS officer working as a member of the security team at the Hatfield Federal Courthouse. The officer was struck in the eye by the laser and quickly moved to avoid prolonged exposure. The officer was able to identify Faulkner and observed him shining the laser in the direction of other officers. When officers approached Faulkner, he attempted to flee, but was ultimately apprehended. The laser, a SDLaser 303 with a warning label cautioning direct eye exposure, was located in Faulkner’s possession.

On July 6, 2020, Faulkner was charged by criminal information with one count of misdemeanor assault on a federal officer. He pleaded guilty to the charge on January 13, 2021.

Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.

This case was investigated by FPS and the FBI. Assistant U.S. Attorney Ashley R. Cadotte prosecuted the case.

Topsham Man Sentenced for Unlawfully Possessing Firearms

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PORTLAND, Maine: A Topsham man was sentenced today in federal court for being a felon in possession of firearms, Acting U.S. Attorney Donald E. Clark announced.

U.S. District Judge D. Brock Hornby sentenced Manesseh Massaline, 51, to 51 months in prison and three years of supervised release. Massaline pleaded guilty on January 5, 2021.

According to court records, Massaline possessed a Glock 9 mm handgun and a KelTec 12-gauge shotgun on January 17, 2019. He was prohibited from possessing firearms under federal law because he had previously been convicted in Maine state court of Assault, Aggravated Assault and Aggravated Criminal Trespass, crimes that were punishable by a term of imprisonment exceeding one year.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Maine Drug Enforcement Agency’s Mid-Coast Drug Task Force investigated the case.

This case was part of Project Safe Neighborhoods (PSN), a nationwide initiative that brings together federal, state, local, and tribal law enforcement officials, prosecutors, community leaders, and other stakeholders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. PSN is coordinated by the U.S. Attorneys’ Offices in the 94 federal judicial districts throughout the 50 states and U.S. territories.

Five Arrested for Allegedly Laundering Nearly $1 Million from Business Email Compromise Fraud

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SAN ANTONIO – A federal grand jury indictment unsealed today charges five individuals for laundering nearly $1 million derived from a Business Email Compromise (BEC) scheme. FBI agents and local authorities arrested the defendants yesterday without incident.

The indictment charges the defendants with one count of conspiracy to commit money laundering:  47-year-old Olufemi Nathaniel Itiowe, aka Baloi Maputo Oldemiro and John Koffi of Brooklyn, New York; 43-year-old Stacey Allison Ault, aka Tammy Botha and Cindy Theron of Brooklyn, New York; 38-year-old Enso Anderson of Long Branch, New Jersey; 33-year-old Edward Chance Johnson of Yukon, Oklahoma; and 52-year-old Bona Wong of Las Vegas, Nevada. 

In a BEC scheme, scammers target businesses and individuals making wire transfer payments, especially those employees with access to company finances. The scammers trick the employees into wiring payments to bank accounts they believe belong to trusted partners but that are actually controlled by the fraudsters. Sometimes the scammers use computer intrusion techniques to alter legitimate payment request emails by changing the recipient bank accounts. Sometimes they send spoofed emails that appear to be from trusted partners.

The indictment alleges that the conspirators opened various bank accounts in the U.S. utilizing fraudulent identification documents.  The indictment also alleges that the conspirators fraudulently procured funds using the BEC fraud, then worked quickly to withdraw or transfer the funds into various other accounts, which prevented the victims and banks from reversing the transactions. The indictment focuses on funds largely derived from BEC schemes perpetrated against victims in Montana and Texas from October 2018 to September 2019.

U.S. Attorney Ashley C. Hoff and Christopher Combs, Special Agent in Charge, FBI, San Antonio Division, made the announcement.

Conspiracy to commit money laundering calls for up to 20 years in federal prison upon conviction. 

The FBI together with the IRS Criminal Investigation, U.S. Postal Inspection Service, New York Police Department, along with FBI New York, FBI Helena, Montana, FBI Oklahoma City and FBI Las Vegas conducted this investigation and made yesterday’s arrests.   Assistant U.S. Attorneys Kelly Stephenson and William F. Lewis Jr. are prosecuting this case. 

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendants are presumed innocent until proven guilty in a court of law.

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Washington County Man Sentenced on Federal Firearm Charge

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BANGOR, Maine— A Machiasport man was sentenced in federal court on Tuesday for possession of a firearm by a felon, Acting U.S. Attorney Donald E. Clark announced.

U.S. District Judge Lance E. Walker sentenced Timothy D. Davis, 64, to 37 months in prison, to run consecutive to a 2-year sentence for violating the terms of his federal probation in another case.  Davis was also sentenced to three years of supervised release. Davis pleaded guilty in October 2019.

According to court records, Davis possessed a shotgun on July 9, 2019. He had previously been convicted of possession of a firearm by a felon in 2019 and armed assault with intent to murder in 2010. Davis was prohibited from possessing a firearm under federal law because both crimes were punishable by a term of imprisonment exceeding one year.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.

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


Former Schertz Business Manager Sentenced to Federal Prison for Stealing over $470,000 from Employer

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SAN ANTONIO – A federal judge sentenced 48-year-old Deanna Bates Wehde of San Antonio today to 49 months in federal prison for stealing over $470,000 from the company she managed.

In addition to the prison term, Chief U.S. District Court Judge Orlando Garcia ordered Wehde to pay $471,006.30 in restitution and be placed on supervised release for a period of three years after completing her prison term. 

“Today’s prison sentence reflects the seriousness of the defendant’s breach of her employer’s trust and she is now being held accountable for her crime,” said U.S. Attorney Ashley C. Hoff. “The U.S. Attorney’s Office, working with our law enforcement partners, will continue to identify, investigate and prosecute those who take advantage of their employment positions to steal from and do harm to businesses.”   

On July 30, 2020, Wehde pleaded guilty to one count of wire fraud and one count of aggravated identity theft.  By pleading guilty, Wehde admitted that while employed by Stone Care of Texas between May 2016 and September 2018, she defrauded the company by using company credit cards issued in the names of former employees for business-related travel to make unauthorized purchases and cash withdrawals for her own personal use and benefit.

“Small businesses play an important part in maintaining and stimulating economic growth in our community,” said Christopher Combs, Special Agent in Charge, FBI, San Antonio Division. “FBI San Antonio is committed to protecting businesses from theft and fraud schemes which threaten their stability and the health of our local economies.”  

The FBI investigated this case.  Assistant U.S. Attorney William R. Harris prosecuted this case on behalf of the government.

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Former Liverpool Postal Carrier Pleads Guilty to Stealing Gift Cards from Mail

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SYRACUSE, NEW YORK – Thomas J. Joslin, age 58, of North Syracuse, New York, pled guilty today in federal court in Syracuse to three felony counts of stealing gift cards from the mail while employed as a carrier with the United States Postal Service, announced Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Matthew Modafferi, United States Postal Service Office of Inspector General (USPSOIG), Northeast Area Field Office.

In pleading guilty, Joslin admitted that he stole multiple gift cards from mail entrusted to him in Onondaga County between March 2019 and June 2019, including a $160 prepaid Mastercard rebate card; a $300 Dick’s Sporting Goods gift card; and a $40 prepaid Visa card. The defendant admitted that he targeted pieces of mail he believed contained gift cards, and that he used the stolen gift cards to buy different gift cards in an attempt to distance himself from the thefts. Joslin is no longer employed by the U.S. Postal Service.

The charges to which Joslin pled guilty carry a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The defendant will be sentenced on October 7, 2021, by Senior United States District Judge Frederick J. Scullin, Jr., who presides over the case.

This case is being investigated by USPSOIG, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.

Husband of Amazon employee sentenced to prison for insider trading in Amazon stock

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Seattle - A 37-year-old Bothell, Washington man was sentenced today in U.S. District Court in Seattle to 26 months in prison for securities fraud due to his insider trading activity, announced Acting U.S. Attorney Tessa M. Gorman.  Viky Bohra pleaded guilty in November 2020, admitting that between 2016 and 2018, he used Amazon inside information he obtained from his wife, an Amazon finance employee, to place trades in Amazon stock–making a profit of $1,428,264.  At the sentencing hearing U.S. District Judge James L. Robart noted that Bohra had turned his wife and father into criminals and added “I firmly believe white collar crime deserves equal treatment to what we call street crime.”

“This defendant and his wife were earning hundreds of thousands of dollars in salary and bonuses from their jobs in tech – but he was not content with that – greedily scheming to illegally profit by trading Amazon stock,” said U.S. Attorney Tessa M. Gorman.  “This case should stand as a warning to those who try to game the markets with insider trading: there is a heavy price to pay with a felony conviction and prison sentence.”

According to records filed in the case, Bohra’s wife had access to confidential information regarding Amazon revenue and expenses.  Because of that work, Bohra and his wife were subject to blackout periods during which no Amazon stock could be traded.  Bohra’s wife was advised of insider trading policies making it clear the responsibility to safeguard confidential financial information.  Despite those warnings, Bohra obtained his wife’s confidential information and traded in Amazon stock and options in accounts tied to him and his father.  Trades occurred during blackout periods and, from 2016 to 2018, relied in part on information from his wife to make successful trades in advance of Amazon earnings announcements.

“Mr. Bohra knew exactly what he was doing and was driven solely by greed,” said Donald M. Voiret, FBI Special Agent in Charge of the Seattle Field Office. “With his nearly unlimited access and knowledge of securities trading, he undermined public trust in our financial markets.”

In asking for a 33-month sentence, prosecutors wrote to the court, “over two and a half years, Bohra, using information provided by his wife, made over $1.4 million by making illegal stock and options trades. Bohra’s conduct was not an isolated incident, limited to trading before one Amazon earning’s statement. Rather, Bohra engaged in illegal insider trading in advance of 11 straight earnings announcements.”

On September 28, 2020, Bohra was charged by the Securities and Exchange Commission (SEC) in a civil insider trading case.  He and his family members have paid $2,652,899 in disgorgement, interest and penalties.  Based upon these payments, the United States is not seeking forfeiture in this case. 

As part of the plea agreement, Bohra’s wife will not face criminal charges.  Bohra’s wife is no longer employed at Amazon.

The case was investigated by the FBI.

The case was prosecuted by Assistant United States Attorney Justin Arnold.

Bucks County Drug Manufacturer and Two Executives Charged With Conspiracy to Defraud the FDA

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PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that generic drug manufacturer KVK-TECH, Inc., headquartered in Newtown, PA, Murty Vepuri (69), and Ashvin Panchal, (50), also of Newtown, were charged by Indictment with conspiracy to defraud the United States Food & Drug Administration (“FDA”) arising from the alleged distribution of unapproved drugs as well as alleged efforts to mislead the FDA and conceal information which could impact drug safety and effectiveness. KVK-TECH was also charged with one count of mail fraud arising from the alleged sale of unapproved drugs to customers who believed the drugs were made with the approval of the FDA.

According to the Indictment, from approximately October 2010 through at least March 2015, Vepuri, the de facto owner of KVK-TECH, and Panchal, the company’s head of Quality Assurance, conspired to defraud the United States and its agencies by impeding, impairing, and defeating FDA’s mission to protect the health and safety of the public by ensuring that drugs marketed and distributed in the United States are safe and effective for their intended uses.

As alleged in the Indictment, Vepuri directed KVK-TECH’s day-to-day operations and made all key business decisions for the company, including decisions related to drug regulatory requirements, drug composition, drug manufacturing quality, purity, and potency. However, Vepuri – who previously owned a generic drug manufacturer in New Jersey that was subject to a restraining order due to ongoing FDA violations – is charged with hiding his involvement in KVK-TECH by placing its ownership in private trusts for the benefit of his children. Vepuri then allegedly represented to the FDA that he was merely an advisor or consultant to KVK-TECH, when in reality he exercised unchecked authority over the company.

As alleged, under Vepuri’s control, KVK-TECH ignored regulatory requirements that had the potential to slow the manufacture, distribution, and sales of its drugs. Vepuri and Panchal are also charged with having provided false explanations to the FDA when inspectors identified violations. Often, Vepuri and Panchal attributed regulatory failures to a mistake or misunderstanding, and KVK-TECH would falsely assure the FDA that violations had been addressed when they knew no corrective and preventative actions had been taken.

The Indictment highlights KVK-TECH’s conduct with regard to Hydroxyzine, a KVK-TECH prescription drug for the treatment of anxiety, for which Vepuri purchased an active pharmaceutical ingredient (“API”) made in Mexico by Dr. Reddy’s Laboratories (“DRL Mexico”). DRL Mexico was not an FDA-approved source. To the contrary, as alleged, the defendants knew that DRL Mexico’s API was considered adulterated by the FDA due to significant violations of good manufacturing practices (cGMP) at DRL Mexico’s manufacturing plant. The cGMP violations were so severe that the FDA issued an import alert for all DRL Mexico API from July 2011 through July 2012. Nonetheless, from 2011 through 2013, KVK-TECH is charged with having knowingly distributed more than 383,000 bottles of the unapproved Hydroxyzine without the FDA’s knowledge or approval.

“FDA laws and regulations regarding drug composition, manufacturing, quality, and related controls are designed to protect Americans’ health and safety – so we can all be confident that our prescription medications will be safe and effective,” said Acting U.S. Attorney Williams. “When companies attempt to game the system to avoid these regulations and increase their profits, the ramifications are potentially catastrophic.  As this Indictment makes clear, any individuals or companies that try to evade the law in this manner will be brought to justice.”

“An important mission of the Office of Inspector General is to investigate allegations of fraud against the Department of Labor’s programs. We will continue to work with our law enforcement partners to investigate these types of allegations,” stated Syreeta Scott, Acting Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General. 

If convicted, Vepuri and Panchal each face a maximum possible sentence of five years in prison, three years of supervised release, a $250,000 fine and other financial penalties including forfeiture. KVK-TECH faces fines up to $4 million and other financial penalties such as forfeiture and probation. The parties also face mandatory exclusion from participating in federal programs.

The case was investigated by the FDA-Office of Criminal Investigations, Homeland Security Investigations, and the Department of Labor Office of Inspector General, and is being prosecuted by Assistant United States Attorneys M. Beth Leahy and Patrick J. Murray, and Ross Goldstein, Senior Litigation Counsel for the Department of Justice Consumer Protection Branch.      

An indictment, information, or criminal complaint is an accusation.  A defendant is presumed innocent unless and until proven guilty.

Man who volunteered as church bus driver sentenced to 30 years in prison for sexually abusing a minor

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CINCINNATI – A Warren County man who met his victims through his volunteer work as a church bus driver was sentenced in U.S. District Court to 360 months in prison for sexually abusing a minor under the age of 12.

 

A federal grand jury charged Jory Leedy, 51, of Franklin, Ohio, in April 2016. Leedy pleaded guilty in June 2019 on the day he was scheduled to begin a jury trial.

 

According to court documents, Leedy sexually abused at least two minor boys as young as 7 and 8 years old. Leedy met the minors through a religious organization in Dayton, where he volunteered as a bus driver. The children rode the bus, along with their mother, to the ministry on Sunday. Thereafter, Leedy stopped by the residence to play with the boys and eat dinner with the family. Leedy stopped volunteering as a bus driver shortly after.

 

Leedy began going to the residence on a nightly basis. He began buying the minors clothes and games. Eventually, Leedy ingratiated himself into the family, taking the boys to church in Cincinnati and on trips to the zoo, Cincinnati Reds games and Kings Island. He began taking the boys on vacations out of state. For example, Leedy took the victims to religious concerts and to Disney World.

 

Leedy arranged for the purchase of a car for the family. He helped enroll the boys in a private school. Further, Leedy assisted the family in securing another home that was owned by a friend of his; Leedy paid for part of the rent.

 

Leedy had provided the victims’ family with a fake name. His true identity was discovered during an altercation with the victims’ father in which the police were called. Police advised the parents of Leedy’s true identity and that he was a registered sex offender.

 

The victims told police the abuse took place over the course of two years and occurred in different states, including Kentucky, Florida and New York.

 

In addition, Leedy admitted in court documents that between 1999 and 2001 he sexually abused a then-minor relative when he would take the boy on trips for sporting events. 

 

Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Hamilton County Sheriff Charmain McGuffey and other members of the Regional Electronics and Computer Investigations (RECI) Task Force announced the sentence imposed by U.S. District Court Judge Timothy S. Black. OCDETF Deputy Criminal Chief Christy L. Muncy and Assistant United States Attorney Kenneth L. Parker are representing the United States in this case.

 

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Merced Man Charged with Drug Trafficking Offense

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FRESNO, Calif. — A federal grand jury returned a one-count indictment Thursday against Richard Charles Thomas Jr., 38, of Merced, charging him with possession with intent to distribute methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on Aug. 25, 2020, Thomas led law enforcement officers on a highspeed chase through the city of Merced. While fleeing police, Thomas threw a black bag from the vehicle. Officers recovered the bag, which contained approximately 839 grams of methamphetamine, $3,162 in cash, and personal effects belonging to Thomas.

This case is the product of an investigation by the Drug Enforcement Administration and the Merced Police Department. Assistant U.S. Attorney Jessica A. Massey is prosecuting the case.

If convicted, Thomas faces a mandatory minimum statutory penalty of 10 years in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Former Employee Sentenced for Stealing Money from Kickapoo Traditional Tribe of Texas

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DEL RIO – A federal judge sentenced 50-year-old Eduardo Riojas Villarreal of San Antonio to 21 months in federal prison yesterday for stealing money from the Kickapoo Traditional Tribe of Texas (Kickapoo).

In addition to the prison term, U.S. District Court Judge Alia Moses ordered Villarreal to pay $167,109.41 in restitution to the Kickapoo and be placed on supervised release for a period of three years after completing his prison term. 

On September 9, 2019, Villarreal pleaded guilty to one count of embezzlement and theft from Indian organizations.  According to court documents, Villarreal served as an accounts payable manager for the Kickapoo for approximately four years beginning in April 2017.  During that time, Villarreal wrote fraudulent checks payable to his wife from the Kickapoo general operating account, which is funded primarily by revenue from the Lucky Eagle Casino. He deposited those checks into his own personal bank account.  Villarreal admitted there was no legitimate basis for issuing these checks and that his wife knew nothing about his scheme.

The FBI conducted this investigation.  Assistant U.S. Attorneys Sydni Connell, Sarah Spears and Justin Chung prosecuted this case. 

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Two PA Chiropractic Practices Pay Over $800,000 to Resolve Alleged False Claims Act Liability Arising from Billing of P-Stim Devices

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PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that two related, integrative chiropractic practices and their chiropractor owners have agreed to make payments totaling $805,978 to resolve liability under the False Claims Act for the alleged improper billing of P-Stim electro-acupuncture devices, in these cases branded ‘ANSiStim.’ 

The settling parties are: (1) Discover Optimal Healthcare of Brookhaven, PA, with its owner, Jason Weigner,and his affiliate Weigner Healthcare Management Group, LLC (collectively, “Weigner”); and (2) Yucha Medical Pain Management & Chiropractic Rehabilitation, LLC of Pottstown, PA, and its owners, Randolph E. Yucha and Rodney Gabel (collectively, “Yucha”).

Chiropractors are generally limited in what services they can bill to federal healthcare programs (more information here). However, integrative chiropractic practices such as Weigner and Yucha may in certain circumstances bill additional services to federal healthcare programs through affiliated medical providers, in this case a medical doctor contractor. From approximately September 2016 to February 2017, Weigner and Yucha separately billed Medicare, and Weigner also billed the Federal Employees Health Benefit Program, for the implantation of neuro-stimulators – a surgical procedure which usually requires an operating room and which is reimbursed by federal healthcare programs – when in fact the only procedures performed had been the non-surgical application of ANSiStim by a non-surgeon contractor physician. ANSiStim is another brand name for the P-Stim device, which is also branded as NeuroStim, Stivax, E-Pulse, and NSS-2 Bridge. ANSiStim devices are applied with an adhesive and insertion of a limited number of needles; their application does not involve surgery or anesthesia, nor does it take place in an operating room. Federal healthcare programs do not reimburse for devices such as ANSiStim, whether they are characterized as an electro-acupuncture device or as an implantable neuro-stimulator. Weigner promoted this scheme to Yucha and received a portion of Yucha’s profits.  

For the fraudulently billed P-Stim services here, Weigner previously repaid $306,342 to Medicare and will pay an additional $356,150. Likewise, Yucha had repaid $94,089 to Medicare and will pay an additional $49,397.       

“As we have said before, the application of P-Stim devices is not surgery and should not be billed using the surgical codes improperly pushed by marketers,” said Acting U.S. Attorney Williams. “If a marketer pushes a healthcare scheme like P-Stim that sounds too good to be true, it likely is – and you shouldn’t agree to it.”

These are the fourth and fifth P-Stim provider settlements announced in this District as part of an ongoing investigation. Other jurisdictions including the Southern District of Texas, the Southern District of Georgia, and the Middle District of Tennessee have also taken action to hold providers accountable.

Acting U.S. Attorney Williams continued: “Our continued enforcement through this series of cases has already recovered millions and is a lesson to anyone who might consider a similar fraudulent billing scheme – especially those that prey on vulnerable Medicare beneficiaries looking for legitimate pain management solutions. You will be held accountable by our Office and our partners at the Centers for Medicare & Medicaid Services’ Center for Program Integrity, the Department of Health and Human Services Office of Inspector General, other federal healthcare programs, state partners, and sister U.S. Attorney’s Offices around the country. And if you have already been involved in such a scheme, it is better to come forward and self-disclose than have us find you, as we will.” 

“Every time DOJ stops a provider who is committing fraud, it protects patients and improves the sustainability of the Medicare program,” said Chiquita Brooks-LaSure, Administrator for the Centers for Medicare and Medicaid Services (CMS). “Actions like this to combat fraud, waste and abuse in our federal programs would not be possible without the successful partnership of CMS, the Department of Justice and Department of Health and Human Services Office of Inspector General.” 

“Accurately billing for services provided to Medicare beneficiaries is required of all health care providers,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “HHS-OIG, CMS’s Center for Program Integrity, and the U.S. Attorney’s Office will continue to evaluate and pursue inaccurate billings of P-Stim and similar devices.”

The settled civil claims are allegations only. There has been no determination of civil liability. This case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General. It was handled by Assistant U.S. Attorney Matthew E. K. Howatt, Civil Chief Gregory B. David, and Auditor Dawn Wiggins.

CAREER OFFENDER SENTENCED TO 12 YEARS IN FEDERAL PRISON FOR DRUG TRAFFICKING

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FORT SMITH – A Berryville man was sentenced yesterday to 151 months in prison followed by 3 years of supervised release on one count of Distribution of a Controlled Substance methamphetamine. The Honorable Judge P.K Holmes, III, presided over the sentencing hearing in the United States District Court in Fort Smith.

According to court documents, In July of 2020, Homeland Security Investigations Fayetteville initiated an investigation into James Russell Clark, 37, for drug trafficking offenses in the Western District of Arkansas. On July 9, 2020, investigators were able to conduct a controlled purchase of methamphetamine from Clark at his residence.  The methamphetamine purchased was subsequently sent to the Department of Homeland Security Laboratory in Savannah, Georgia and tested positive for methamphetamine.  Clark was also held accountable at sentencing for possessing a firearm on July 18, 2020, following a traffic stop by the Berryville Police Department.  Clark is a multi-convicted felon and prohibited from possessing firearms.  

Acting U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.

Homeland Security Investigations Fayetteville investigated the case.

Assistant U.S. Attorney David Harris prosecuted the case.

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

Jacksonville Man Pleads Guilty To Using The Internet In Attempt To Entice And Meet A 12-Year-Old Child For Sex

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Jacksonville, Florida – Wayne Dale Epps, Jr. (36, Jacksonville) has pleaded guilty to using the internet to attempt to entice a 12-year-old child to engage in sexual activity. Epps faces a mandatory minimum penalty of 10 years, and up to life, in federal prison and a potential life term of supervised release. Epps was arrested on February 18, 2020, and remains in custody.  His sentencing hearing has not yet been scheduled. 

According to court documents, on February 14, 2020, an undercover FBI agent who was posing online as the family member of a 12-year-old child was contacted by the user “ksaber2040,” who was identified as Epps. The same undercover agent had previously engaged in online conversation with Epps in October 2019. Over the next several days, Epps and the agent engaged in online conversation in which Epps expressed his desire to meet the 12-year-old “child.” Epps confirmed that he wanted to meet the “child” for sex, stating “[t]his is a first for me I’m nervous but I’ve been wanting to try younger.” Epps provided the agent with graphic details about the sexual acts that he wished to perform on the “child.” He offered to use a “flavored condom” and requested pictures of the “child.”

On February 18, 2020, Epps drove his vehicle to a prearranged location at a shopping center in Jacksonville to meet the “child” for sex and was arrested by FBI agents. During an interview with law enforcement, Epps stated that it was “possible that [he] would have followed through” and engaged in sex with the 12-year-old child, and further that he “should have never made that decision.”            

This case was investigated by the Federal Bureau of Investigation in Jacksonville. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Albuquerque couple charged with federal firearms violations

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            ALBUQUERQUE, N.M. – David “Flaco” Chavez, 43, and Ednamay De La Rosa, 38, both of Albuquerque, have been charged with being felons in possession of firearms and ammunition. At a hearing on June 7, Chavez was ordered detained pending trial. De La Rosa made an initial appearance in court on June 10 and will remain in custody pending a detention hearing scheduled for June 14.

            According to a criminal complaint, on June 2 agents with the FBI’s Albuquerque Violent Crime Gang Task Force (VCGTF), detectives with the Bernalillo County Sheriff’s Office and officers from the Albuquerque Police Department executed federal search warrants on Chavez’s and De La Rosa’s residences. Ammunition allegedly was located by agents during the search of Chavez’s residence. Among the items allegedly located by agents during the search of De La Rosa’s residence were four firearms and various types of ammunition as well as a suppressor and a 50-round drum magazine.

           At the time of the alleged offenses, Chavez was serving a term of supervised release for a 2014 conviction for possession with intent to distribute heroin and possession of a firearm during, in relation to and in the furtherance of a drug trafficking crime. De La Rosa also has a prior felony conviction for possession with intent to distribute heroin. As previously convicted felons, Chavez and De La Rosa cannot legally possess firearms or ammunition.

            A complaint is only an allegation. Defendants are presumed innocent unless and until proven guilty. If convicted, Chavez and De La Rosa face up to 10 years in prison.

            The Albuquerque VCGTF investigated this case with assistance from the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Alexander Uballez is prosecuting the case.

NDTX Round Up: June 4 - 10

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SENTENCING – HENRY AGUSTIN MORENO

On June 7, Henry Agustin Moreno, 21, was sentenced to 12 years in federal prison for transporting or shipping child pornography. HSI received a tip from Kik that a user in the Dallas area was utilizing the messenger application to distribute child pornography. Agents obtained a search warrant of Moreno’s residence in Irving. Moreno admitted to agents that he downloaded several pornographic files depicting child pornography. He further admitted that he uploaded child pornography in exchange for other videos. This case was investigated by Homeland Security Investigations.  Assistant U.S. Attorney Joseph Magliolo prosecuted the case.

SENTENCING – ESLEVY VARGAS-AVILA

On June 7, Eslevy Vargas-Avila, 31, was sentenced to 22 years in federal prison for two counts of interference with commerce by robbery and two counts of using or brandishing a firearm in furtherance of a crime of violence.  In June 2016, Vargas-Avila and other co-conspirators conducted surveillance of jewelry stores to identify traveling jewelry salesmen.  Vargas-Avila and the co-conspirators violently robbed two traveling salesmen at gunpoint in Tarrant County.  This case was investigated by the FBI, Dallas Police Department, Garland Police Department, Arlington Police Department, and DFW Airport Department of Public Safety.  Assistant U.S. Attorney Keith Robinson prosecuted the case.

SENTENCING – CHRISTOPHER JOEL RAMIREZ

On June 8, Christopher Joel Ramirez, 24, was sentenced to 4 years in federal prison for possession with the intent to distribute a controlled substance.  On September 9, 2019, Ramirez possessed approximately 43 kilograms of heroin to distribute to another individual.  The case was investigated by the DEA.  Assistant U.S. Attorney P.J. Meitl prosecuted the case.

SENTENCING – SALVADOR GOMEZ

On June 4, Salvador Gomez, 24, was sentenced to 15 years in federal prison for conspiracy to possess with intent to distribute a controlled substance.  In October 2020, Gomez negotiated the transaction of methamphetamine with another individual.  Gomez indicated that a co-defendant delivering the methamphetamine would be pretending to perform maintenance on a red truck.  Investigators observed and identified a co-defendant appearing as if he was performing maintenance on the vehicle as Gomez had instructed. Officers searched the vehicle and seized 5.2 kilograms of methamphetamine from the co-conspirator. This case was investigated by the DEA HIDTA.  Assistant U.S. Attorney Laura Montes prosecuted the case.

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