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Springfield Man Pleads Guilty to Drug Trafficking Resulting in Murder

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SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man pleaded guilty in federal court today to his role in a conspiracy to distribute methamphetamine, which resulted in the murder of a Mexican national, Oscar Adan Martinez-Gaxiola.

Anthony Edward Donovan, 20, of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush to the charges contained in a July 20, 2016, federal indictment.

By pleading guilty today, Donovan admitted that he participated in a conspiracy to distribute methamphetamine in Greene County, Dallas County, Webster County and Christian County, Mo., which ran from April 28, 2015, to April 26, 2016.

Donovan is the fourth defendant to plead guilty in this case. Brooke Danielle Beckley, 20, and Jourdan Ashley McGinnis, 28, both of Nixa, Mo., and Nathaniel Austin Lee, 19, of Seymour, Mo., have also pleaded guilty to their roles in the conspiracy.

McGinnis admitted that, on April 8, 2016, he and Beckley possessed at least 1.5 kilograms of methamphetamine in a hotel room, which they intended to distribute to another person.

In addition to the drug-trafficking conspiracy, Donovan, Beckley and Lee each pleaded guilty to using a firearm in furtherance of a drug-trafficking crime, resulting in murder. They admitted that the murder of Martinez-Gaxiola on April 25, 2016, in Webster County was willful, deliberate, malicious and premeditated. Aiding and abetting each other, the conspirators used several handguns to ambush Martinez-Gaxiola in rural Webster County as he was attempting to collect a drug debt owed by Beckley.

Under federal statutes, Donovan, Beckley, Lee and McGinnis are each subject to sentences of up to life in federal prison without parole for these crimes. The maximum statutory sentences are prescribed by Congress and are provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors.

Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Timothy A. Garrison. It was investigated by the U.S. Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missouri State Highway Patrol, the Christian County, Mo., Sheriff’s Department, the Greene County, Mo., Sheriff’s Department, the Lawrence County, Mo., Sheriff’s Department, the Webster County, Mo., Sheriff’s Department, the Seymour, Mo., Police Department, the Rogersville, Mo., Police Department, the Springfield, Mo., Police Department and the Combined Ozarks Multijurisdictional Enforcement Team (COMET).


Albuquerque Felon Sentenced to Federal Prison for Unlawfully Possessing a Firearm and Ammunition

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ALBUQUERQUE – Jesse Chavez, 34, of Albuquerque, N.M., was sentenced today in federal court to 46 months in prison followed by three years of supervised release for violating the federal firearms laws by unlawfully possessing a firearm and ammunition.

 

Chavez was charged by criminal complaint on May 27, 2016, with being a felon in possession of a firearm and ammunition on May 4, 2016, in Bernalillo County, N.M. According to the criminal complaint, officers of the Bernalillo County Sheriff’s Office executed an arrest warrant on Chavez on May 4, 2016. During a search incident to arrest, the officers seized a loaded firearm from Chavez.

 

Chavez subsequently was indicted on June 14, 2016, and charged with being a felon in possession of a firearm and ammunition. At the time, Chavez was prohibited from possessing firearms or ammunition because he previously had been convicted of first-degree murder in 2000. On Jan. 13, 2017, Chavez pled guilty to the indictment without the benefit of a plea agreement.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney George C. Kraehe prosecuted the case.

Jonesboro Man Sentenced to More Than 21 Years on Multiple Child Pornography Charges

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LITTLE ROCK—Patrick C. Harris, Acting United States Attorney for the Eastern District of Arkansas, announced today that Steven Thorpe, 44, of Jonesboro, will spend more than 21 years in federal prison for advertising child pornography.

A federal grand jury indicted Thorpe on April 8, 2015, for one count of advertising child pornography and one count of possession of child pornography. On August 15, 2016, he pleaded guilty to possession of child pornography, and on February 9, 2017, he pleaded guilty to advertising child pornography.

Chief United States District Court Judge Brian S. Miller imposed the sentence of 262 months for both counts. There is no parole in the federal system. When Thorpe is released upon completion of his sentence, he will remain on supervised release for the rest of his life. Conditions of his supervised release include registering as a sex offender and having no contact with minors under the age of 18.

The investigation into Thorpe’s crimes began in June 2014, when two people brought Thorpe’s phone and computer to the Jonesboro Police Department and reported that they had seen sexually explicit photos of a minor on Thorpe’s phone. Jonesboro police obtained a search warrant, and when they searched the phone, investigators found over 20,000 images of child pornography.

The United States Secret Service then obtained a search warrant for Thorpe’s laptop computer, which contained over 1,400 images of child pornography. In addition to the photos of children being sexually abused, agents also discovered that Thorpe had accessed online chatrooms through a computer program called Gigatribe. In these chats, Thorpe advertised to other users that he had child pornography available, including “doctor/patient, dad/son, hidden cams, massage,” and “getting caught, locker/school rooms, and public videos.” Thorpe would then send other users a link to a folder containing his child pornography along with his password, “boys777.”

Thorpe is still facing multiple state charges, including pending sexual assault and additional possession of child pornography charges in Craighead County.

The case was investigated by the Jonesboro Police Department and United States Secret Service, and was prosecuted by Assistant United States Attorneys Allison W. Bragg and Kristin Bryant.

Honduran Man Sentenced for Immigration Offense

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ActingUnited States Attorney Duane A. Evans announced that MARLIN CACERES-GUERRERO, age 28, a native of Honduras, was sentenced today after previously pleading guilty to a one-count indictment for illegal reentry of a removed alien.

 

U.S. District Court Judge Ivan L.R. Lemelle sentenced CACERES-GUERRERO to 5 months of imprisonment, followed by one year of supervised release, and a $100 special assessment fee. CACERES-GUERRERO will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.

 

According to court documents, on February 21, 2017, CACERES-GUERRERO was found in the United States after having been previously deported from the United States on May 3, 2013.

 

Acting U.S. Attorney Evans praised the work of Immigration and Customs Enforcement agents in investigating this matter. Assistant United States Attorney Jon Maestri was in charge of the prosecution.

U.S. Reaches $8.3 Million Civil Settlement with Reliant Care Group and Reliant Affiliated Entities

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St. Louis, Missouri: The United States Attorney’s Office for the Eastern District of Missouri announced today that the United States, Reliant Care Group, Reliant Care Management Company, Reliant Care Rehabilitative Services, and a number of Reliant affiliated skilled nursing facilities (Reliant) reached a civil settlement that will resolve the United States' claims against Reliant under the False Claims Act for knowingly submitting false claims to Medicare for providing unnecessary physical, speech, and occupational therapy to nursing home residents.

According to the United States’ allegations, from January of 2008 through April of 2014, Reliant provided unnecessary physical, speech and occupational therapy to nursing home residents who had a relatively high level of independence and who were residing in a skilled nursing facility primarily because of a psychiatric condition. The United States alleged that Reliant provided the unnecessary therapy and then sought the inflated reimbursement from Medicare influenced by its own financial considerations. The United States further alleged that some Reliant Care Rehabilitative Services management pressured therapists to provide therapy to residents even when the therapists believed that the therapy was not medically necessary.

As part of the settlement, Reliant will repay the United States $8,368,878.

Reliant has also entered into a five-year Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of Inspector General (HHS-OIG). Pursuant to the terms of the Corporate Integrity Agreement, Reliant must comply with a number of reporting obligations to ensure that Reliant remains compliant with Federal health care program requirements.

Today's settlement sends a message to those who seek to take advantage of the Medicare program. "Health care fraud is a major and increasingly serious problem that costs taxpayers millions in lost and wasted dollars while depriving vulnerable beneficiaries of the care and support they need," said Special Agent in Charge Steven Hanson from HHS-OIG. "Every dollar that we save or recover allows us to better serve those who really need and deserve our help. We will continue to aggressively investigate these cases in an effort to eliminate the corruption in our health care system."

This civil settlement is part of ongoing efforts by the Department of Justice and the United States Department of Health and Human Services to recover funds diverted from the Medicare Trust Account and is the result of the combined work of the U.S. Attorney=s Office for the Eastern District of Missouri, HHS-OIG, and the Federal Bureau of Investigation.

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Status Update: U.S. v. Brendt A. Christensen

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URBANA, Ill. – During today’s court hearing, which lasted approximately 25 minutes, U.S. Magistrate Judge Eric I. Long found that the government satisfied its burden to show that defendant, Brendt A. Christensen, presents both a danger to the community and the risk of non-appearance at future court proceedings. Judge Long therefore ordered that Christensen be detained pending trial in the custody of the U.S. Marshals Service.

 

Christensen, 28, of Champaign, Ill., was arrested on June 30, 2017, and charged with kidnapping visiting Chinese scholar Yingying Zhang on June 9, 2017.

 

According to statements made by the government during today’s hearing, the government alleges that Christensen attended and walked in a vigil for the victim on June 29; has made statements about the characteristics of the ideal victim; that the victim fought and resisted; and, that he made a threat to another person to whom he made incriminating statements.

 

The FBI, the University of Illinois Police Department, the Illinois State Police and local law enforcement are investigating this case. Assistant U.S. Attorneys Bryan D. Freres and Eugene L. Miller and prosecuting the case.

 

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

 

Minnesota Man Appeared in Federal Court to Face Fraud Conspiracy, Aggravated Identity Theft and Meth Charges

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United States Attorney Randolph J. Seiler announced that a Minneapolis, Minnesota, man made his initial appearance in federal court, following an indictment being filed against him by a federal grand jury for Conspiracy to Commit Bank Fraud, Aggravated Identity Theft, and Possession with Intent to Distribute Methamphetamine.

Jason Maurice Fagin, age 38, was indicted on May 9, 2017. Fagin made his initial appearance in federal court on June 26, 2017, in Sioux Falls, South Dakota.

The maximum penalties upon conviction for each count are as follows: Conspiracy to Commit Bank Fraud has a penalty of up to 20 years of imprisonment and/or a $1,000,000 fine; Aggravated Identity Theft requires a mandatory 2 years of imprisonment to be served consecutively to any term of imprisonment for the Conspiracy to Commit Bank Fraud offense; and Possession with Intent to Distribute Methamphetamine has a penalty of up to 20 years of imprisonment and/or a $1,000,000 fine. Each count of conviction requires a term of years of supervised release and $100 to the Federal Crime Victims Fund. Restitution and forfeiture may also be ordered.

According to the indictment, between September 2016 and November 16, 2016, Fagin engaged in a scheme to defraud financial institutions while using the personal identifying information of other individuals. Fagin would use the proceeds of the fraud scheme to purchase methamphetamine for his use and to distribute to others for money.

The charges are merely accusations and Fagin is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation, the Flandreau Police Department, and the Flandreau Sioux Tribe’s Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.

Mission Man Sentenced for Failure to Register as a Sex Offender

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United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 28, 2017, by U.S. District Judge Roberto A. Lange.

Benjamen T. Flute, a/k/a Benjamin T. Flute, age 38, was sentenced to 18 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Flute was indicted by a federal grand jury on January 19, 2017. He pled guilty on April 11, 2017.

Flute was convicted of Second-Degree Rape in Caddo County, Oklahoma, in December 2007. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. In November 2016, Flute moved to Mission, South Dakota, but did not update his registration. He was arrested by Rosebud Sioux Tribe Law Enforcement Services on December 15, 2016, and charged with failure to register as a sex offender in Rosebud Sioux Tribal Court. He subsequently bonded out of jail, but did not update his registration.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Flute was immediately turned over to the custody of the U.S. Marshals Service.


Sisseton Man Found Guilty of Fraud

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United States Attorney Randolph J. Seiler announced today that Keith Hagen, age 49, of Sisseton, South Dakota, was found guilty of several counts of fraud by a federal jury on June 28, 2017.

Hagen and his former wife, Amanda Holy Bull, were indicted on February 9, 2016, for Conspiracy to Commit Mail Fraud and Wire Fraud, three counts of Wire Fraud, and four counts of Mail Fraud.

Hagen and Holy Bull leased pasture land from the Bureau of Indian Affairs. They used the land to provide custom cattle grazing services to cattle producers. They entered into contracts with several cattle producers, knowing that they did not lease enough pasture land to graze all of the cattle for which they had contracted. They took up-front payments from several producers, failed to provide the grazing services, and used the money for personal purposes. In all they defrauded producers out of over $200,000.

Each count has a maximum sentence of 20 years in prison and/or a $250,000 fine, 3 years of supervised release, restitution, and $100 to the Federal Crime Victims Fund.

The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.

Holy Bull, age 33, also of Sisseton, South Dakota, pled guilty to the conspiracy charge and will be sentenced on October 30, 2017. Hagen will be sentenced October 16, 2017.

Fort Thompson Man Sentenced for Assault Resulting in Serious Bodily Injury

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United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 26, 2017, by U.S. District Judge Roberto A. Lange.

Conrad James Medicine Crow, age 45, was sentenced to 21 months in custody, followed by 24 months of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Medicine Crow was indicted by a federal grand jury on October 12, 2016. He pled guilty on April 11, 2017.

The conviction stemmed from an incident on August 16, 2016, when Medicine Crow had been drinking alcohol. The victim had been walking on the side of the southbound lane of the highway when she saw a silver minivan approach her in the southbound lane and hit her. The van, driven by Medicine Crow, did not stop and fled the scene. As a result of the crash, the victim suffered serious bodily injury.

This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Medicine Crow was immediately turned over to the custody of the U.S. Marshals Service.

Rapid City Man Sentenced for Role in Child’s Death

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United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Misprison of a Felony was sentenced on June 20, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Mitchell Lee Wisecarver, age 44, was sentenced to time served of 17.5 months, 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Wiscarver was charged on September 15, 2015, and pleaded guilty on March 3, 2017. The conviction stems from Wiscarver covering up for his wife, Lori Wisecarver, and allowing the continued physical abuse of a young boy from October 2014 to February 2015. The abuse ultimately caused the death of the child.

This case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman prosecuted the case.

Mission Man Sentenced for Conspiracy to Distribute Methamphetamine

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United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance, Methamphetamine, was sentenced on June 27, 2017, by U.S. District Judge Roberto A. Lange.

Adam Dean Stoneman, age 28, was sentenced to 70 months in custody, followed by 3 years of supervised release, a fine of $1,000, forfeiture of $60, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Stoneman was indicted by a federal grand jury on December 14, 2016. He pled guilty on April 11, 2017.

Between July 1, 2014, and December 14, 2016, Stoneman knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota.

Stoneman received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Stoneman with the methamphetamine knew that he intended to engage in further distribution. Stoneman admitted that it was reasonably foreseeable to him that more than 200 grams of methamphetamine would be distributed during the course of the conspiracy.

When Stoneman was arrested on August 17, 2016, he had $60 in his possession that was proceeds of drug distribution activity. That money was seized by law enforcement and forfeited.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

Stoneman was immediately turned over to the custody of the United States Marshals Service.

Eagle Butte Man Indicted on Several Assault Charges

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United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Phillip Mound, age 25, was indicted on December 14, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 27, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 25 years in custody and/or a $250,000 fine, 9 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on October 18, 2016, Mound unlawfully assaulted his dating partner causing her serious injuries.

The charges are merely accusations and Mound is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.

Mound was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

55-Year Sentence Imposed on Columbus Man Convicted of Sex Crimes Against Child

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COLUMBUS, Ohio – Thomas A. Sweeney, 49, of Columbus was sentenced to serve 45 years in prison for committing sex crimes involving a 14-year old female.

Vipal Patel, First Assistant United States Attorney for the Southern District of Ohio, Steve Francis, Acting Special Agent in Charge, U.S. Department of Homeland Security Investigations (HSI), Franklin County Sheriff Dallas Baldwin and other members of the Franklin County Internet Crimes Against Children (ICAC) Task Force announced the sentence handed down today by U.S. District Judge Michael H. Watson.

After a three-day trial, A U.S. District Court jury convicted Sweeney on January 20, 2017 of sexual exploitation of a minor, attempted coercion and enticement of a minor, receipt of child pornography and committing a sexual offense against as minor as a registered sex offender. Judge Watson sentenced Sweeney to a 45-year prison term on each of the first three crimes and ordered him to serve them concurrently, plus an additional ten years for committing a sexual offense against a minor as a registered sex offender.

According to court documents and trial testimony, Sweeney communicated with his then-14-year-old biological daughter via cellular phone and convinced her to send him photographs of her nude genitalia via text message. He also attempted to convince her to meet with him for purposes of the two engaging in sexual acts.

Sweeney had been convicted in 2004 in Franklin County Common Pleas Court for two counts of rape involving a minor. He was sentenced to two consecutive terms of five years in prison for that conviction.

Sweeney was charged by a criminal complaint in this case on February 11, 2016 and was indicted by a federal grand jury on March 31, 2016 and in a superseding indictment on January 12, 2017.

This case was prosecuted by United States Attorney Benjamin C. Glassman and Assistant United States Attorney Heather A. Hill. It was investigated by Franklin County ICAC Task Force members.

“Sweeney has proven himself to be a true predator,” Patel said. “The most significant outcome of the case is that the public is protected from future crimes by him.”

“The sentence handed down today should send a clear message about the harsh consequences that await child predators," said Steve Francis, special agent in charge of HSI, "This case is yet another example of the extraordinary collaborative efforts among our law enforcement partners with the ICAC, and our resolve to protect the most vulnerable among us."

The Franklin County ICAC Task Force is a multi-agency effort dedicated to the fight against computer facilitated crimes against children. In addition to HSI and the Franklin County Sheriff’s Office, the following agencies are members of the task force: Ohio ICAC, the Ohio Bureau of Criminal Investigation in Attorney General Mike DeWine’s Office, Franklin County Prosecutor Ron O’Brien’s Office, the Delaware and Pickaway county Sheriff’s offices and the police departments in Circleville, Columbus, Grandview, Grove City, Hilliard, The Ohio State University, Upper Arlington and Westerville.

Former Correctional Officer Sentenced To Federal Prison for Attempting To Traffick Drugs

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SAVANNAH, GA – Akeiran Lawson, a former federal correctional officer from Lumber City, Georgia, was sentenced earlier this week to 46 months in prison by Senior U. S. District Judge William T. Moore, Jr., for attempting to traffick cocaine for a federal prisoner. After serving his prison sentence, Lawson will be on federal supervised release for 3 years. There is no parole in the federal system.

Evidence presented at the guilty plea and sentencing hearings revealed that Lawson, while working at the McRae Federal Correctional Facility in McRae, Georgia, approached an inmate and offered to transport cocaine for an unknown drug organization in exchange for money. The inmate contacted other law enforcement officials to let them know of Lawson’s offer. In a sting operation, undercover agents communicated with Lawson, who agreed to transport a kilogram of cocaine from Savannah to Atlanta for $2,000. On November 3, 2016, shortly after Lawson received from undercover agents fake cocaine and half of his anticipated payment, Lawson was arrested without incident.

Acting United States Attorney James D. Durham said, “This officer was willing to sell his badge for personal payoffs from supposed drug dealers. Not only did he betray the institution he was sworn to protect, he also betrayed the ideals that honest, hard-working correctional officers uphold every day.”

"We appreciate the collaborative efforts of the U. S. Attorney’s Office, the Chatham-Savannah Counter Narcotics Team, and the New York City DEA Task Force in this investigation, which helped bring this correctional officer’s corrupt conduct to light and ensured that he would be held accountable,” stated Special Agent in Charge Robert A. Bourbon of the Department of Justice (DOJ) Office of Inspector General’s Miami Field Office.

The case was investigated by special agents of the DOJ Office of the Inspector General, with assistance from the Chatham-Savannah Counter Narcotics Team and the New York City Drug Enforcement Agency Task Force. Assistant U. S. Attorney Marcela C. Mateo prosecuted the case on behalf of the United States. For questions, please call the United States Attorney’s Office at (912) 201-2522.


Government Intervenes In Lawsuit Against Florida Compounding Pharmacy For Excessive Charges To TRICARE

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Tampa– Acting U.S. Attorney W. Stephen Muldrow announces that the government has intervened in a lawsuit against a Florida compounding pharmacy owner, Renier Gobea (41, Tampa), and his company, RS Compounding LLC, located at 12617 Race Track Road (Tampa, FL), alleging that Gobea and RS Compounding billed TRICARE excessive prices for compounded prescriptions.

 

The lawsuit alleges that between January 1, 2012, and January 31, 2014, Gobea and RS Compounding charged TRICARE at least 2,000 percent more for drugs than it charged cash-paying customers, in violation of the False Claims Act. TRICARE, the health care program for uniformed service members and their families, prohibits pharmacies from charging TRICARE more than the general public. Unfortunately, Gobea and RS Compounding charged TRICARE vastly more than they charged cash-paying customers, in some cases over 10,000 percent more.

 

Gobea and RS Compounding’s actions are part of a larger trend of fraud against TRICARE involving compounded prescriptions. TRICARE’s costs for compounded drugs rose from $5 million in 2004 to $514 million in 2014 and $1.75 billion in fiscal year 2015. To date, the U.S. Attorney’s Office for the Middle District of Florida has diligently pursued fraud associated with compounding pharmacies, resulting in over $57 million in settlements.

 

This lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they discover evidence that defendants have submitted false claims for government funds and to receive a share of any recovery. The False Claims Act also permits the government to intervene in such lawsuits, as it has done in this case. The case is captioned United States ex rel. McKenzie Stepe v. RS Compounding LLC, Renier Gobea, Case No. 8:13-cv-3150-T-33AEP (M.D. Fla.). The claims asserted by the government are allegations only, and there has been no determination of liability.

 

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

 

The investigation was conducted by TRICARE, the U.S. Department of Health and Human Services-Office of Inspector General, and the U.S. Attorney’s Office for the Middle District of Florida. It is being handled by Assistant U.S. Attorneys Shea M. Gibbons and Christopher Tuite.

Kansas Man Sentenced To 50 Years In Prison For Production Of Child Pornography

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Ryan James Day, 32, of Ellis, Kansas, and formerly of Clarksville, Tenn., was sentenced on Monday, by United States District Court Judge Aleta Trauger, to 50 years in prison for production of child pornography, announced Jack Smith, Acting United States Attorney for the Middle District of Tennessee.

 

The investigation began in June 2015 when Day communicated with an undercover law enforcement officer who was posing online as someone interested in child pornography. During their online conversation, Day told the undercover detective that he was sexually active with a minor and sent pornographic photos of the victim to the detective. Day also told the detective that he wanted to have sex with a minor whom he believed to be the detective’s young child and that he was attempting to persuade yet another minor female to have sex with him.

 

The FBI and local authorities determined the location of the device from which the images were being sent and responded to Day’s home in Kansas within hours of his transmission of child pornography. An examination of Day’s phone and personal computer revealed hundreds of pornographic images of children, including the images of the victim that were sent to the detective.

 

Day was indicted on four counts of production of child pornography in December 2015 and pleaded guilty to all counts on February 22, 2017. According to the charging document and other court filings, Day began sexually abusing the victim in 2009, when he lived in Clarksville and the victim was approximately 5 years old. Over a period of several years, Day sexually abused the victim on numerous occasions and photographed the abuse. After moving to Kansas, Day distributed the images online in an effort to obtain images of other minors being sexually abused.

 

This case was investigated by the Federal Bureau of Investigation, the District of Columbia Metropolitan Police Department and the Ellis County, Kansas Sheriff’s Office and is being prosecuted by Assistant U.S. Attorneys Henry C. Leventis and Rascoe Dean.

EASTON MAN INVOLVED IN STEROID DISTRIBUTION RING IS SENTENCED

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Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that RAYMOND J. MARTIN, 50, of Easton, was sentenced yesterday by U.S. Magistrate Judge Holly B. Fitzsimmons in Bridgeport to three years of probation and ordered to pay a fine of $10,000 for his role in a steroid distribution ring. 

According to court documents and statements made in court, a long-term investigation led by the Federal Bureau of Investigation, Drug Enforcement Administration and Homeland Security Investigations revealed that Steven Santucci, a former Newtown Police sergeant, and others were receiving shipments of steroid ingredients from China and manufacturing and distributing wholesale quantities of steroids.  Certain members of the conspiracy also distributed prescription pills, including oxycodone, as well as cocaine.

During the investigation, MARTIN was intercepted on a court-authorized wiretap ordering anabolic steroids and offering to sell oxycodone pills.  At the time, MARTIN served as police commissioner for the Town of Easton.

MARTIN was arrested on July 14, 2015.  On March 30, 2017, he pleaded guilty to one count of unlawful possession of a controlled substance.

Santucci pleaded guilty and, on August 25, 2016, was sentenced to 16 months of imprisonment, six months of home confinement, 120 hours of community service and a $5,000 fine.

This matter was investigated by the Federal Bureau of Investigation, Drug Enforcement Administration, Homeland Security Investigations, with the assistance of the U.S. Marshals Service, U.S. Postal Inspection Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

This case is being prosecuted by Assistant U.S. Attorneys Rahul Kale and Robert M. Spector.

Mission Female Sentenced for Possession with Intent to Distribute Methamphetamine

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United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, female convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on June 26, 2017, by U.S. District Judge Roberto A. Lange.

Yolanda Prue, age 32, was sentenced to a 12 month split sentence, with 3 months in custody and 6 months of home confinement and treatment, 3 years of supervised release, $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Prue was indicted by a federal grand jury on December 14, 2016. She pled guilty on April 11, 2017.

The conviction stemmed from an incident on May 3, 2016, when a Rosebud Sioux Tribe officer initiated a traffic stop of the vehicle, but the vehicle did not come to a stop. It pulled over two different times but began driving again.

Once the vehicle finally stopped, a search of the vehicle was performed and a digital scale and several syringes were found. Prue admitted the scale was hers, and admitted to using the scale for meth. She also admitted she had meth in several baggies on her person. Prue admitted she packaged the baggies as ¼ gram each and was selling them.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Prue was immediately turned over to the custody of the U.S. Marshals Service.

Sissonville man pleads guilty to federal methamphetamine charge

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CHARLESTON, W.Va. – A Sissonville man pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. Richard Lee Gandy, Jr., 40, entered his guilty plea to possession with intent to distribute methamphetamine.

Gandy admitted that on September 12, 2015, officers responded to his residence and upon arrival, they found Gandy in his garage with approximately 50 grams of methamphetamine in plain view. Officers received consent to search the garage and found marijuana as well as items commonly used to distribute illegal drugs. Members of the Kanawha County Sheriff’s Department returned the following day and received consent to search the garage more thoroughly. Officers additionally obtained a search warrant for the surrounding outbuildings and property. During the execution of the search warrant and the consensual searches, law enforcement found a total of approximately 200 grams of methamphetamine, 11 marijuana plants, nearly 12 pounds of marijuana, digital scales, a room containing materials commonly used to grow marijuana indoors, precursor materials used to manufacture methamphetamine, and over $18,000 cash. Officers also recovered ATV’s, equipment, and tools that had previously been reported stolen from several different states. Gandy admitted that he intended to distribute the methamphetamine in and around Kanawha County.

Gandy faces up to 20 years in federal prison when he is sentenced on October 12, 2017.

The case against Gandy was investigated by the Kanawha County Sheriff’s Department. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The plea hearing was held before United States District Judge Thomas E. Johnston.

This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.

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